Nevada Highway Patrol sergeant, fired for sexting, wants job back
A Nevada Highway Patrol sergeant, fired for sending electronic photos of his “naked and erect penis” to a co-worker, lost an appeal on June 2. But he’s not backing down.
The sergeant didn’t do anything wrong and wants his job back, attorney Adam Levine said.
“He responded to her request. It was consensual. They’re both adults and were using personal cellphones,” Levine said. “The state needs to keep its nose out of people’s bedrooms, whether actual or electronic.”
The Highway Patrol fired Kenneth Twiddy on Feb. 8 after an investigation into complaints of sexual harassment or rudeness filed by three female co-workers, all of whom were subordinate to him.
The Highway Patrol doesn’t comment on personnel cases, closed or not. However, the decision of a hearing officer — who upheld Twiddy’s firing after reviewing the case on June 2 — recounts the details.
According to the decision, two female officers reported separate incidences of Twiddy “berating” them. One officer testified that Twiddy grabbed her cellphone from a clip on her belt and broke the case. She had been texting, and Twiddy demanded to know with whom, she testified. The other officer testified that Twiddy was verbally “abusive” when her equipment needed repair.
These actions wouldn’t warrant termination, the hearing officer said. But it’s more than enough when added to the “most serious violation” of sexting reported by a third woman, the hearing officer said. Levine said he’s filing a petition next week for judicial review, challenging the hearing officer’s decision.
The hearing officer’s logic is riddled with holes, Levine said.
First of all, the dispatcher hasn’t been fired though she reciprocated, sending cellphone photos of “her own naked private parts” to Twiddy, according to the report. Punishment should be consistent, Levine said.
But neither of them should be in any trouble, Levine said. The sexting was done in private between two consenting adults and became an issue only after their falling out. That was irrelevant to the hearing officer.
“Is this the type of conduct that the patrol can or should condone from an employee, particularly one in a supervisory position?”
The dispatcher was a lower rank than Twiddy but not under his direct supervision.
The fact that Twiddy had an untarnished record of 13 years and high marks was of little consequence to the hearing officer.
“They are impressive,” the hearing officer said. “Unfortunately, even they are not strong enough to erase the image of a sergeant going into a restroom at his workplace, arousing himself, taking pictures of his erect penis with his cellphone camera and transmitting them to a female employee of inferior rank.”
The sexting happened at work, and that’s why Twiddy should stay fired, the hearing officer said.
Levine is betting that the court won’t see it that way. He says the court probably will think more like the board of three Highway Patrol captains who originally reviewed the case. They recommended a demotion for Twiddy, but a colonel ignored the board, calling for termination.
Contact reporter Trevon Milliard at tmilliard@reviewjournal.com or 702-383-0279.
