Clark County denied from declaring constable’s office vacated
District Judge Elissa Cadish has signed a temporary restraining order that prevents the Clark County Commission from declaring North Las Vegas constable Robert Eliason’s office vacated, his attorney confirmed Friday.
”I have the signed order. It’s been signed with the clerk. I’m just waiting for the clerk’s stamp on it,” Eliason’s attorney Jeffrey Barr said Friday evening.
Clark County provided the Review Journal with a copy of the restraining order.
Eliason is suing the county commission, claiming that the court, not the commission, has the authority to declare his office vacant.
A hearing on the case is set for July 28, Barr said.
“We’re pleased the court has chosen to enjoin the Clark County Commission from hearing this matter so as to permit the court to review Clark County’s legal authority,” Barr said. “This is definitely a matter to be decided by the courts, not the county.”
Eliason, a former North Las Vegas city councilman, was elected constable in 2014. But he has been on the job more than two and a half years without getting the required Peace Officer Standards and Training (POST) certification. Eliason made about $103,000 in salary last year, according to county records.
Nevada law requires the constables of North Las Vegas and Henderson to become certified in 18 months or forfeit their office. In that event, the County Commission would fill the vacant seat.
County commissioners considered declaring Eliason’s office vacant during their regular commission meeting last week, but voted to delay a decision for two weeks.
A commission agenda for next week’s commission meeting includes an item to consider removing Eliason. Earlier this week, Commissioner Chris Giunchigliani said she wants to hear the item, regardless of the lawsuit.
Contact Michael Scott Davidson at sdavidson@reviewjournal.com or 702-477-3861. Follow @davidsonlvrj on Twitter.
Constable Complaint by Las Vegas Review-Journal on Scribd
Constable Motion for TRO by Las Vegas Review-Journal on Scribd
Constable Order Granting TRO by Las Vegas Review-Journal on Scribd
