North Las Vegas could soon lose its elected constable if the Clark County Commission follows through on a vote to vacate his office.
Robert Eliason is fighting back against the county, however, and last week he filed a lawsuit.
Riley Snyder with the Nevada Independent has been reporting on the issue. As Synder explained to KNPR's State of Nevada the constable's office deals with civil actions, including eviction notices, wage garnishments, and court papers.
But a law passed by the Legislature in 2013 required those constables to go through what is known as post training, which is the same physical training that law enforcement must pass.
“Mr. Eliason has not done this," Snyder said.
He tried to finish the post training, but couldn't because of a neurological disorder that prevents him from doing sit-ups. He tried to get a waiver from the post training board but they rejected it because the board felt it would be unfair to police officers who had to retire because they couldn't pass the test.
The big problem now is how the law is written. It says if the constable can't pass the training then the office must be "forfeited."
“It’s always been unclear who has the power to remove him from office,” Snyder said.
Eliason believes the commission can't remove him from office only a court can do that, which at the heart of his lawsuit.
“The commissioners seem pretty happy with the job Mr. Eliason is doing," Snyder said, "They didn’t really have any complaints with how the office is going. It’s just an issue of him meeting the standards.”
Riley Snyder, reporter, The Nevada Independent