A former Fallon parole and probation officer who was fired after playing pranks on a co-worker will continue fighting to get his job back, his Reno attorney said Tuesday.
Ken McKenna, who represents former officer Gerald Fiske, said he will be filing a petition asking a judge to overturn the termination.
Fiske was fired in May after an investigation into June 2005 complaints made by probation officer Charmaine Smith, who also worked in the Fallon office at the time. She has since transferred to Winnemucca.
Smith complained that Fiske targeted her in a series of unwelcome pranks, including placing a dead lizard in her burrito.
The incidents began in 2004 and continued through 2005 even after Fiske was told by his supervisor to stop playing pranks on Smith, the state found.
Fallon Operations Supervisor James Richardson was demoted after the investigation. He is also working to get his job back.
He now works in the Fallon office as a parole and probation officer.
Acting Sgt. Tony DeCrona from Carson City was assigned to supervise the Fallon P&P office Sept. 5 until a permanent supervisor is named.
McKenna said the decision of a state personnel hearing officer is unfounded. He said everyone in the Fallon Parole and Probation office played practical jokes on each other, but Fiske was the only one fired over the common practice.
"He's being treated differently than all the other people in on the practical jokes," McKenna said. "Jerry ends up being the fall guy for everybody's behavior."
Nevada Administrative Hearing Officer Bill Kockemeister stated in his decision that "the placement of a dead lizard in Officer Smith's burrito goes beyond the simple office practical joke."
The pranks allegedly included a sexually offensive photo of a gerbil, a stink bomb and catfish bait, among others.
The report says Fiske discussed with Richardson their impression that Smith was "ultra sensitive, a whiner or a complainer."
In her letter of complaint, Smith stated that her co-workers targeted her as the recipient of pranks.
"I feel I have been continuously disrespected and made to feel uncomfortable in my work environment. I have experienced sleeplessness and anxiety due to what I consider to be a hostile work environment. I also consider my supervisor and some co-workers' behavior to be a campaign of hostility towards me," Smith wrote.
Richardson said Tuesday he has taken responsibility for the office pranks as the supervisor at the time. He said law enforcement officers often use practical jokes as a coping mechanism to deal with the stresses of their jobs.
"I see now how simple practical jokes in the office can grow into a bigger, complex issue," said Richardson. "It's been a learning experience for me.
"I agreed to the demotion and plan on getting back my position."
McKenna contends it would have been proper to discipline Fiske. He also says the practice of office pranks was known all the way up the chain of command in the Nevada Department of Parole and Probation.
"People knew about this all the way up to the top. All of a sudden a complaint is filed and there's this knee-jerk reaction and someone has to go down," McKenna said. "It's the upper administration's cowardliness to think they have to fire someone to protect themselves."
• Contact reporter Marlene Garcia at mgarcia@lahontanvalleynews.com.