Hearing officer refuses to change findings on prison

CARSON CITY -- A state hearing officer has refused to change his findings that security at the women's prison in Carson City was lax, drugs were used by the staff and living conditions for inmates were poor in the mid-1990s.

Hearing Officer David Kladney, in a decision released today, rejected the request of state Prison Director Bob Bayer to eliminate language in a previous ruling involving Sgt. Mel Vande Brake. Bayer said some of the allegations by Kladney were unfounded and should be stricken.

Bayer said today he has not had time to read the new decision by Kladney and declined comment. He said he had been too busy getting ready for the execution of Roderick Abeyta Monday morning. Earlier Bayer said he may take the issue to court if Kladney did not strike some of the critical findings.

Vande Brake had been demoted for a number of violations, including spreading false rumors about his superiors. Kladney found there was not enough evidence to support the demotion and instead recommended a 30-day suspension. Bayer wanted the demotion upheld.

In his new decision, Kladney said passing of two rumors by Vande Brake "do not give rise to a clear and serious security threat. The proposed discipline in this case was not reasonable and should not be sustained."

He said his discussion in his first decision of the security at the women's prison, its personnel investigations and its discipline of staff were "germane, material and relevant" to the issue, and would not be eliminated.

In the first ruling, Kladney found, "The Northern Nevada Women's Correction Center was a failing institution, which was at risk for total collapse or even worse." This prompted Gov. Bob Miller to order Bayer to investigate the allegations made by Kladney.

Miller expressed confidence in Bayer who later said his inquiry showed the hearing officer listened to only one side of the story.

Kladney said there was evidence upper management had sexual liaisons with subordinates; the counseling staff had relations with inmates; the medical staff used drugs within the prison and the administration failed to fix the plumbing, heating and water systems, which were in a state of disrepair.

Kladney, in the new ruling, did strike language there was drug dealing by the medical staff but retained the allegation there was drug use by the employees inside the prison.

The women's prison in Carson City has been converted to a male facility, and females are now housed at a privately run prison in North Las Vegas.

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