STEVE SEBELIUS: Eliason still on job law says he’s not qualified to hold

When we left besieged North Las Vegas Constable Robert Eliason, he had lost an important Nevada Supreme Court ruling that essentially held he should not be in office at all.

But he’s still there, the same place he’s been since 2014, when he was first elected.

The problem? Eliason was never able to get the POST certification that’s required for a couple — but not all — constables in Nevada, even after an 18-month grace period. (Eliason’s attorneys say he has a neurological condition that prevents him from passing the POST physical exam.) Under state law, he supposedly forfeited his office back in 2016, and the county was required to appoint a replacement.

But Eliason sued in state court, where then-District Court Judge Elissa Cadish ruled he could be removed only upon a petition filed by the attorney general at the direction of the governor. Clark County appealed the ruling, however, and the Supreme Court (which by then included Cadish as a justice), overturned that ruling, saying the law was clear.

So why is Eliason still working?

In part, it’s because he won his re-election in 2018 — despite the publicity surrounding his POST certification — defeating challengers in the primary and general election.

And in part it’s because he’s also suing in federal court, contending the state law that requires some constables to get POST certification is a violation of the Americans with Disabilities Act. That 1990 law requires workplaces to make accommodations for disabled workers.

According to papers filed in federal court, Eliason is challenging the law in part because of its selective application. Out of the 10 active constables in Clark County, only two — Henderson and North Las Vegas — are required to get the certification. (Under NRS 258.007, constables who serve townships of 15,000 or more people are required to be certified.)

But Eliason’s attorney, Jeffrey Barr, has argued in court papers that the requirement is discriminatory. A person who uses a wheelchair could be constable in Mesquite, Laughlin or Searchlight townships, but cross the border into Henderson or North Las Vegas, and the rules change. If POST certification is a good idea for constables in one township, why not all, he argues.

As a result of the controversy, the Clark County Commission hasn’t acted on the supposedly “vacant” office yet. Instead, the county’s private lawyers are trading briefs with Barr in federal court over the ADA issue.

Since the Eliason controversy has come to light, the Legislature has changed the law: Now, constables in townships of 100,000 or more people have to be certified before they file to run or they are not eligible. But if Eliason’s claim is successful, and a federal judge overturns the requirement, Eliason may be able to run again when his term is up in 2022.

That is, if the job is even there: Clark County abolished the Las Vegas constable’s office after scandals. The duties are now handled by the Las Vegas Metropolitan Police Department. Former Henderson Constable Earl Mitchell resigned after he allegedly misused official funds. He later pleaded guilty to a gross misdemeanor and was later and stripped of his police powers.

Unlike Las Vegas and Henderson, however, Eliason has served without any scandal beyond his inability to pass the POST training academy. That and his political connections (he’s a former 12-year North Las Vegas city councilman) set him apart from his misbehaving colleagues.

Still, it’s just as likely this story will end with Clark County dissolving the constable offices in Henderson and North Las Vegas than with Eliason winning his ADA lawsuit and keeping his job.

Until then, it seems, Eliason will continue to work a job that Nevada state law says he’s legally ineligible to hold and that the state Supreme Court has ruled he legally forfeited years ago, while he clings to the hope that yet another law, litigated in another court, will allow him to stay.

Contact Steve Sebelius at SSebelius@reviewjournal.com or 702-383-0253. Follow @SteveSebelius on Twitter.