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Commission delays removing constable who can't pass police fitness test

Riley Snyder
Riley Snyder
Local Government
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Clark County commissioners ignored their own staff when they again delayed making a decision on the future of embattled North Las Vegas Constable Robert Eliason, who has held office for several years without meeting the minimum standards for the position set in state law.

Commissioners voted 6-1 on Wednesday to postpone for two weeks deciding the fate of Eliason, who has yet to complete Police Officer Standards and Training (POST) certification despite being elected to office in 2014. Commission chairman and gubernatorial candidate Steve Sisolak voted against the delay.

The decision extends uncertainty over the future of Eliason, who has continued to serve out his four-year term despite failing to obtain POST certification — a professional standards board that oversees training for police officers in the state — from the state since his grace period to do so expired in June 2016.

Constables in Nevada are primarily given oversight of civil complaints, such as serving eviction notices and civil court documents. Outside of Incline Village and East Fork (which covers rural communities in Douglas County), constables are primarily found throughout rural southern Nevada, and POST Executive Director Michael Sherlock said that Eliason was the only constable out of compliance.

Under a state law approved in 2013, constables who represent populous areas are required to obtain POST certification within a year of taking office, with an option for a six-month extension from the standards commission, or otherwise must “(forfeit) his or her office and a vacancy is created which must be filled.”

Commission counsel Mary Anne Miller blamed the “dearth of statutory guidance” for the year-long delay, and that the commission had little flexibility in making an exception for Eliason or even which governmental body would be charged with vacating the office.

Eliason said on Wednesday that he had undergone intense physical therapy and training since taking office, but was unable to complete the mandated 29 sit-ups in one minute required as part of POST physical fitness training due to a lingering abdominal injury. He said it was “very alarming and very disappointing” to see the commission consider removing him from office and eliminating the North Las Vegas constable’s office, given that he has a pending Americans with Disabilities Act claim that has yet to be acted on.

“My desires have not changed,” he said. “I still have a desire to become POST-certified, continue to have a positive cash flow to the county and do the job the voters of North Las Vegas asked me to do.”

Eliason was elected in 2014 after 12 years on North Las Vegas city council, and has no prior law enforcement experience. He told the Las Vegas Review-Journal in April that his job was largely administrative, though he did carry a weapon and occasionally went out in the field.

In a statement released after the meeting, a spokeswoman for Eliason said that constables are "not required to make arrests or take part in any activity wherein the sit-up requirement of Nevada POST is relevant" and that he was being treated for a "neurological disorder" that prevented him from doing sit-ups.

According to Transparent Nevada, a database of public employee salaries, Eliason earned more than $146,000 in combined salary and benefits in 2016.

Sherlock said that anyone executing police officer duties without meeting the state’s minimum standards was “obviously a problem.” He said that while the commission had the authority to waive the standards, it had never done so in the past and making an exception for Eliason would be unfair to peace officers forced into medical retirement due to physical injuries.

“If you have rules, and you waive them, there are no more rules,” he said.

Commissioners largely applauded Eliason’s work as a constable and elected official, and quizzed county staff on potential legal pathways to avoid removing Eliason from office. Assistant County Manager Jeff Wells said that an ultimate decision rested with the council, but that some action likely needed to be taken by the council given the lack of wiggle room in state law.

“It’s not a fait accompli at this juncture, but I believe it’s staff position that we cannot move forward without taking some action in light of the state statute,” he said.

Commissioners Marilyn Kirkpatrick and Lawrence Weekly both publicly endorsed Eliason during his 2014 run for office.

Sisolak, the lone vote against the delay, said he had no problem with Eliason but felt that the law didn’t give the commission flexibility in delaying vacating the office.

“If the law says we have to do this, I think Mr. Eliason is a great guy, but that doesn’t have anything to do with the decision we’re making,” he said. “It’s unfortunate but I think that’s the way it’s coming down.”

Kirkpatrick said she felt responsible for the situation, as she brought the initial 2013 bill forward that created the minimum requirement for constables during her time as Assembly Speaker and failed to fully vet changes made to the bill in the state Senate during the waning hours of the 120-day session.

“If the paper wants to blame anybody, please, by all means, blame me,” she said, referring to the Las Vegas Review-Journal.

State Sen. Mo Denis pushed for a measure during the 2017 legislative session that initially would have removed the requirements for constables to receive POST training. Despite several amendments, the bill failed to advance before the session adjourned on June 6.

Caption: Las Vegas Metropolitan Police recruiting officer John Fullington, right, keeps time while applicants do sit ups during physical training class in Las Vegas on Thursday, April 20, 2017. (Photo by Jeff Scheid/The Nevada Independent)

Updated at 10:18 a.m. to add a statement from Eliason released after the meeting.

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