Nevada Corrections Director Glen Whorton says the state will appeal the hearing officer decision reinstating a female correctional officer who performed oral sex on a male officer while the two were on duty.
Whorton said the Department of Corrections and Nevada residents shouldn't have to tolerate that kind of conduct by state employees.
Amie Bianchini and Sean Hoferer were accused of engaging in the sex act in February 2005 while on the night shift at Lovelock Correctional Center - ironically, the prison which houses most of Nevada's sex offenders. Both admitted the misconduct. She was terminated and Hoferer resigned.
Bianchini appealed her firing and this week won reinstatement by Personnel Commission Hearing Officer Pat Dolan who said that kind conduct is classified with a variety of personnel offenses which do not normally result in termination. He pointed out that the inmates were locked down and that security at the Lovelock Correctional Center was not jeopardized by their conduct.
Dolan ordered the prison system to reinstate Amie Bianchini as a correctional officer and set her punishment at 30 days suspension without pay.
"Let's just say we will be appealing that decision," Whorton said Friday.
"The citizens of Nevada have a right to demand professional behavior from their public servants," he said. "If this had happened in the private sector, there would be no question that both officers would have been summarily dismissed from employment."
The department will file a petition for judicial review with the first Judicial District Court in Carson City.
-- Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.