UPDATE MONDAY JULY 17

North Las Vegas Constable Robert Eliason is getting another extension to keep his job despite failing to meet the minimum standards established in state law.

District Court Judge Elissa Cadish signed off on the request for a temporary restraining order on Friday afternoon, prohibiting the Clark County Commission from taking up an agenda item to potentially remove Eliason from office. The request was filed last Wednesday, several days after commissioners voted to delay a decision on Eliason’s future for two weeks.

Despite being elected in 2014, Eliason has held the position as constable without obtaining the necessary police officer training required in state law. The former North Las Vegas city council member argued in his request for an injunction that only the courts had the legal authority to remove him from office, and that he has a “documented neurological condition” that prevents him from completing the sit-up portion of the police training.

Cadish scheduled a hearing on the matter for July 28.

Eliason Cadish by Riley Snyder on Scribd

ORIGINAL STORY

Embattled North Las Vegas Constable Robert Eliason has filed a lawsuit against Clark County and a state police standards board asking the courts to determine that the county has no grounds to remove him from office despite his inability to fulfill minimum standards set in state law.

In a complaint filed Wednesday in Clark County District Court, attorneys for Eliason asked the court to issue an injunction preventing the County Commission from removing the 55-year-old constable from office despite failed to obtain the required state Peace Officer Standards & Training (POST) certification for the position.

The complaint asks the court to find that the County Commission has no authority to remove Eliason from office, and states under “well-established law” the only party with the power to remove him from office are the courts themselves under a specific type of civil action brought by the state attorney general.

The suit comes just days after County Commission members voted to delay a decision on Eliason’s future for two weeks, ignoring requests from county staff to take action on his noncompliance.

In Nevada, constables are largely charged with oversight of civil complaints, such as serving evictions or court documents. State law requires constables in heavily populated areas to complete POST training within a year of taking office, with the ability to request a six-month extension.

Eliason was elected to the constable’s office in 2014 after serving 12 years on the North Las Vegas City Council. According to Transparent Nevada, a database of public employee salaries, Eliason earned more than $146,000 in combined salary and benefits in 2016.

The complaint alleges that Eliason has a “documented neurological condition” that prevents him from passing the sit-up portion of the POST training, and that POST Executive Director Michael Sherlock ignored repeated attempts by Eliason to obtain a medical waiver from the commission.

It also details that Eliason had reached out to the county office of diversity to explore “other alternatives under the Americans with Disabilities Act.”

The complaint also ask the court to compel the state POST board to place the requests for a medical waiver up for a hearing before the standards commission.

POST executive director Michael Sherlock said last week that waiving the rules for Eliason would be unfair to other law enforcement officers who retired due to medical injuries.

Eliason Complaint by Riley Snyder on Scribd