Clark County constable pulling in hefty salary without fulfilling job qualifications

It’s been more than seven months since Nevada law required North Las Vegas Constable Robert Eliason to forfeit his office.

But who’s counting?

Clark County commissioners seem to be in no rush to use their authority to unseat Eliason, despite the fact the constable has spent half his four-year term without the state certification necessary to keep his job.

In fact, it’s unclear whether anyone in county government has even discussed addressing Eliason’s noncompliance.

County commissioners and staff have refused to give interviews on the issue, and a public records request of their communications for any messages about Eliason since July 4 — the deadline for him to become a certified peace officer or forfeit his office — turned up nothing.

Last month, Commission Chairman Steve Sisolak told the Review-Journal he had not followed up on the issue because he thought Eliason had become certified.

“I just assumed it got done when I didn’t hear anything else about it,” Sisolak said.

But Mike Sherlock, executive director of the Nevada Commission on Peace Officer Standards and Training, said he has heard nothing from Eliason since September 2015, when the constable requested a six-month extension from his original certification deadline of Jan. 4, 2016.

“We have not been notified that Mr. Eliason has completed any of the certification requirements,” Sherlock said.

Eliason did not respond to multiple interview requests from the Review-Journal.

ENFORCEMENT

Eliason, a former North Las Vegas city councilman, was elected constable office in 2014 and took office in January 2015. That year he collected more than $100,000 in base salary. He also oversees four deputy constables, all of whom are POST certified.

The primary duty of the constable’s office is executing evictions and serving civil court documents.

Nevada law required constables to become POST certified within one year of taking office. Eliason was granted a one-time extension until July 2016 because he had suffered an abdominal injury that kept him from completing the situps test required for certification.

About a week before the extension expired, Sherlock wrote Sisolak and the county’s legal counsel to inform them Eliason still wasn’t certified.

“The NRS (law) indicates the County Commission as the authority regarding non-compliance and appointments to vacated offices,” Sherlock’s letter states.

Specifically, Nevada Revised Statutes Chapter 258 states that if an elected constable in an urban area does not become certified, “the constable forfeits his or her office.” State law requires the commission to appoint a replacement until the next election.

Sherlock said he never received a response to his letter. A records request to the county showed no further written communications between Sherlock and the commissioners.

And that notification is the extent of power POST has in the situation.

“We don’t make the rules, and we don’t even have the power to enforce the rules,” he said. “This NRS is very specific and it refers to the County Commission as being the ones responsible.”

Likewise, Commissioner Marilyn Kirkpatrick — a former assemblywoman who sponsored the bill that created the certification requirement — testified as a member of the Nevada Legislature in 2013 that it was the county commission’s jurisdiction to oversee the constable’s office.

“THE RULES ARE THE RULES”

Last month three county commissioners said they were unaware Eliason remained uncertified, but they expressed concern.

“We can’t ignore it,” Sisolak said.

“That’s really a problem,” Chris Giunchigliani said.

“It seems like the rules and are the rules,” Susan Brager said. “It seems like he would he would have to give up his position.”

But it remains unclear if the commissioners will take action.

County spokesman Erik Pappa later emailed the Review-Journal on all seven commissioners’ behalf, stating they would be unable to make further comment “due to threatened/pending litigation.”

To date, neither POST nor Clark County report receiving notice of any legal action taken by Eliason or an attorney working for him. Eliason’s term expires in January 2019.

Jordan Ross, constable for Laughlin, said Eliason’s lack of certification likely would not affect his ability to carry out the administrative duties of his office.

“The question is whether he can continue to hold office or not,” Ross said. “And that’s not a question I can answer.”

Contact Michael Scott Davidson at sdavidson@reviewjournal.com or 702-477-3861. Follow @davidsonlvrj on Twitter.