North Las Vegas constable missing certification allowed to stay

North Las Vegas Constable Robert Eliason will remain on the job after Judge Elissa Cadish granted a preliminary injunction Thursday to keep the Clark County Commission from declaring the elected office forfeited and vacant.

The commission was slated to vote next week to declare that Eliason forfeited his office by not becoming peace officer certified.

Eliason’s attorney, Jeff Barr, argued Thursday in Clark County District Court that the governor would have to direct the attorney general to remove an elected official under Nevada law.

“The removal of an elected official is a big deal,” Barr said. “It’s not something to be taken lightly.”

Cadish agreed that is the “exclusive” remedy, to ensure “due process is afforded and rights are protected” before an elected official is removed from office.

Eliason was smiling as he left the courtroom with a group of supporters.

“I respect the court and the court’s position, and I want to go back to work serving the people of North Las Vegas. That’s what I was elected to do,” Eliason told reporters after the ruling.

Eliason was elected in 2014 and was required to achieve certification over a year ago. State law requires North Las Vegas and Henderson constables to receive that certification within 18 months, or forfeit the office.

Attorney Tom Dillard, representing the county, argued that law is “self-effectuating” and triggered the county to fill the vacancy.

County commissioners considered vacating the office this month but voted to delay making a decision. In the meantime, Eliason sued the county and Nevada’s police standards and training board, arguing the commission does not have the authority to declare the constable’s office vacant.

The lawsuit contends Eliason should have been able to seek a waiver from the physical requirements for certification because of a neurological condition that affects his ability to complete the situps portion of the physical test.

The Nevada Commission on Peace Officer Standards and Training granted Eliason a six-month extension, until July 4, 2016, to complete the requirements for an elected constable in an urban area. Eliason had written POST a letter requesting the extension because of treatment for an abdominal tear.

Eliason, a former North Las Vegas city councilman, earned a roughly $103,000 salary as a constable last year.

Contact Jamie Munks at jmunks@reviewjournal.com or 702-383-0340. Follow @JamieMunksRJ on Twitter.