Corrections officer fired for alleged plot loses his appeal

By Cy Ryan (contact)

Tuesday, Oct. 7, 2008 | 2 a.m.

A former lieutenant at the state prison in Jean who was fired for allegedly plotting against two co-workers has lost an appeal of his dismissal.

Hearing Officer Ann Elworth-Winner ruled last week that there was “reliable, substantial and probative evidence” to support the firing of Irvin Blake, a 14-year employee in the prison system.

Blake was fired last October after a state investigation concluded he’d plotted with an inmate to arrange for a correctional officer to be assaulted and for drugs to be planted in the car of a fellow officer.

The two officers had testified at a personnel hearing examining whether Blake should be demoted for showing preferential treatment to black officers.

Blake was also accused of plotting with the inmate to assault another inmate who reportedly had molested a member of Blake’s family.

Blake has maintained he was “set up” by prison officials.

At first, prison officials were skeptical when the inmate came forward with information on the plot.

Officials hid a tape recorder on the inmate, who then met with Blake. The recording apparently confirmed that Blake wanted to go forward with the assault on the correctional officer and the inmate, and to have drugs planted in the car of a fellow officer.

During the hearing before Elworth-Winner in July and August, the inmate admitted he did not have any way to have another inmate beaten. Elworth-Winner also noted that Blake had a “clean and even admirable employment record.”

But the hearing officer concluded the firing was for “the good of the public service.”

Elworth-Winner said one of the prison officers, when he learned of the alleged plot against him, resigned because he feared for his family’s safety. The officer has since returned to work at the prison.

Blake was initially arrested on charges of misconduct. But Chief Deputy Attorney General Conrad Hafen said there was not enough evidence to pursue criminal charges.

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A temporary tax amnesty program brought $27 million to Nevada coffers, according to state officials, who asked to extend the program, which lets businesses pay back taxes without penalty or interest.

“It was a tremendous success,” says Dino DiCianno, director of the state Taxation Department, who recommended the program be extended until Oct. 28.

The Nevada Tax Commission unanimously approved the extension Monday.

An estimated 2,000 taxpayers took advantage of the program from July 1 to Sept. 30, including “a lot of small” businesses and some major companies. On Sept. 30 alone, $13 million in back sales and business taxes was paid to avoid penalties and interest.

People interested in taking care of back taxes continued contacting DiCianno’s office after the deadline passed, he said.

Assembly Speaker Barbara Buckley, D-Las Vegas, has estimated there is $100 million in uncollected sales tax. DiCianno said that including interest there may be $100 million in accounts receivable, but that figure includes people in bankruptcy, whom the state can’t touch, and money deemed uncollectible because a person has left the state or for other reasons.

DiCianno will look at those who paid back taxes from Oct. 1 to Oct. 5 and, on a “case by case basis,” decide whether to waive the penalty and interest.