A former Rock County Jail guard who lost his job over visits to online porn and gambling sites was reinstated this week after an arbitrator ruled he might have seen the porn unintentionally.
Arbitrator Stanley H. Michelstetter II ruled there was no proper cause to fire Dana Fichtner, said to be one of three guards canned for improper computer use on the job. The American Federation of State, County, and Local Employees said in a statement it would not stand for a member being made a scapegoat.
"Our members are entitled to know that they will be treated fairly," notes the statement from Local 2489 President Pat Leuzinger. "We will not let our members be fired, just to be used as an example to others."
Porn on the job has produced mixed consequences recently. Earlier this month, Swedish workers received compensation after they were fired for watching Net porn on the job, and several cases around the world have seen workers at all levels disciplined or fired for viewing adult sites at work.
A Rock County corrections probe in 2003 investigated whether Rock County Jail computers were being used for online porn and gambling. One of the other two fired with Fichtler was reinstated following negotiations with the AFSCLE, while the third found other work and dropped his grievance.
Fichtner filed a grievance after his August 2003 dismissal. Rock County Deputy Corporation Council Jerry Long told reporters the county still believes Fichtner was fired justly, though he added the county wasn't likely to appeal Michelstetter's ruling.
"We thought that his conduct was quite egregious, outrageous," Long says. "We don't think taxpayers should have to expect that their employees are viewing salacious material online and playing online poker and so forth."
Fichtner was held to have violated department policy by visiting Internet gambling sites, but might have gotten Internet porn material through unsolicited popup ads. One possible porn site visit was described as an isolated incident, according to Michelstetter's written ruling. However, the arbitrator upheld a four-month suspension without pay, while ruling concurrently that Fichtner was entitled to all other lost pay and benefits.
Long said Fichtner would be subject to a new fitness evaluation as he returns to duty, including the county's right to compel him to take a psychological exam to determine whether he has actual problems with porn or gambling that might get in the way of his work.
