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    Eliason Complaint

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    1K views29 pages

    Eliason Complaint

    Uploaded by

    Riley Snyder
    Eliason Complaint

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 29
    1] comp, KELLY A. EVANS, ESO. a] Nevada Bar No. 7651 Kevansiefswviallaw.com a] CHAD R. FEARS, ESQ. Nevada Bar No, 6970 4) clearsefstriallaw.com EVANS FEARS & SCHUTTERTLL?, s] 2300 West Sahara Avenue, Suite 900 Las Vegas, NV 89102 of Telephone: (702) 805-0290 Facsimile: (702) 805-0291 JEFFREY F. BARR, ESQ 4a] Nevada Bar No. 7269 bari@AsherafBarr-com of ASHCRAFT & BARR LLP 2300 West Sahara Avenue, Suite 900 a) Las Vea, NV 60102 El Telephone: (702) 631.2555 2 _ af Facsimile: (702) 631.7556 22 avomeys for Pir 3¢ a BE | DISTRICT COURT. | CLARK COUNTY, NEVADA te] ROBERT ELIASON, an intvidual and in his | Case No. tical capacity as Constable of North Las | Dept No: ‘eens Toasty, _ Plaintiff, VERIFIED COMPLAINT . Exemption for Arbitration Requested: (1) Action involving Declaratory Relief CLARK COUNTY, a political subdivision of | @)Action secking Equitable Relief '9] the State of Nevada; MIKE SHERLOCK, in his oficial capacity as Executive Director of the Nevada Commission on Peace Officer Standards & Training: NEVADA a] COMMISSION ON’ “PEACE OFFICER STANDARDS & TRAINING, y] Defendants 23[ Plaintiff ROBERT ELIASON, an individual and in his official capacity as Constable of 24] North Las Vegas Township complains against Defendants CLARK COUNTY, & political 25] subdivision of the State of Nevada and MIKE SHERLOCK, in his official capacity a 26] Executive Director of the Nevada Commission on Peace Officer Standards & Training, a 217 follows: Page 1 of 9 1. Of the eleven Constables in Clark County, only two, in North Las Vegas and Henderson] 2 1. SUMMARY OF ACTION are subject to a recently-enated law requiring those constables to obtain a Nevada Pe Officer Standards & Training certification 2. Plaintiff Robert Elison has dlgently pursued this cetfeatin, but he has «documented neurological condition that prevents him from meeting one part ofthe physical fitness testo te contfcation 3. Plaintiff Robert Eliason and Defendant Clark County have both submitted requests fo ‘waiver ofthis requirement to Defendant Mike Sherlock, the Executive Director ofthe Nevad Commission on Peace Officer Standards and Training 4, Upon information and belof, Defendant Mike Sherlock has ignored these roqusts an refused fo place the matter on an agenda where the Nevada Commission on Peace Office Standards and Training may consider ita is permitted by Nevada law. 5. Nevertneless, this action is now necessary because Defendant Clark County erroneous believes it holds the power to “declare that Robert L. Elson, the elected North Las Ve Constable, has forfeited his office” Clark County holds no such jurisdiction. Indeed, unde ‘well-established law, only the courts, and the cours alone, have the power to declare that an elected offical hs “forfeited” his oie ina proceeding called a “writ quo watranto,”ina civil action brought by the Attomey General ofthe State of Nevada, This ation is necessary restrain Clark County’ excess of jurisdiction, Hl. PARTIES AND JURISDICTION 6, Plaintiff, Constable Robert E. Bliason (“Constable Elason”, ea resident of Clr County, Nevada 7. Constable Eason is 85 years old 8, Constable Eliason isthe North Las Vegas Constable 9. Constable Fliason was elected in November 2014 and entered office as North Las Vegas Constable on January 2, 2015, Page 2 0f9 Asuenare a Hann ate g z i 5 | | 2s] a] 10. Defendant County of Clark (“Clark County") is a political subdivision ofthe State o Nevada 11. Defendant Mike Sherlock (‘Sherlock’) is Executive Director of the Nevada Commissio ‘on Peace Officer Standards de Training 12. Defendant Nevada Commission on Peace Oficer Standards & Training (“POST| Commission”) isthe regulatory agency that establishes and maintains the laws, regulations andacts a he governing authority for the bohavor, hiring, base and professional certification, course eertitieatio, and training requirements forall law enforcement officers in the state 13. The POST Commission governing board is appointed by the Gavemor ofthe State o Nevada 14, Six months after Constable Bliason took office, in June 2015, NRS 258,007 roquir constables in townships with a population in excess of 100,000 residents located in count ‘with a population in excess of 700,000 to obtain a category Il peace officer certification fo the POST Commission within twelve months of taking oltice (the “Certification Requirements" 15. tated otherwise, only two constables of al the constables in Nevada are required to obtain POST category I cerification 16, NRS 258.007 also gives the POST Commission the authority to extend the time by whic ‘constable must meet the Certification Requirements by six months TILFACTS COMMON 0 ALLCLAIMS 17. Constable Eliason has « documented neurological condition that prevents him fron meeting one part ofthe physical finess test of the Certification Requirements 18. Constable Eliason’s neurological condition thwarted his mulipl altempts to recive th Centifcation Requirements required by the POST Commission, 19. In September 2015 Constable Bliason initiated a series of communications with Sherloc to explore altematives to meet the Certification Requirements Page 3 0f9 25] a] 20, Pursuant to NAC 289,370, the POST Commission may consider and grant waivers ofan Certification Requirement. 21. In September 2015, Constable Eliason verbally requested that Sherlock put his petition fo ‘waiver under NAC 289.370 on an up-coming POST Comission puble meeting. A tre an correct copy memoralizing this conversation i attached as Exhibit 1. 22. Sherlock refused to permit Constable Eliason to seek & medical waiver under NA 289.370. 23. Because of Sherlock's refusal to permit Constable Eliason to seek a medical waiver, o September 18, 2015, Constable Eason submitted a written request for an extension fom th POST Commission pusuant to NRS 258.007. A true and corect copy ofthis writen request is attached as Exhibit 2 24, On November 5, 2015, Sherlock sent a letter to Constable Elias confining the POSI| Commission had considered and approved his extension request at its November 2015 publi meeting. A tre and correct copy ofthis approvals attached as Exhibit 3. 25, Subsequently, Constable Eliason received confirmation from his doctors that hi neurological condition wil eontinve to prevent him from meeting one past of the physica fitness est ofthe Cenfiation Requirements tht he could not do beforehand, 26. On April 5, 2016, the Clark County Board of Commissioners authorized the filing of petition to the POST Commission on behalf of Constable Elison for a waiver under NA 289.370. A true and corect copy ofthe agenda item and some ofits supporting materials fo this petition is tached as Exhibit 4 27. Upon information and belief, although Sherlock received the petition forthe waiver unde NAC 289.370 from the Clark County Board of Commissioners, he ignored it 28. Upon information and belief, the POST Commission has never held a public hearing considered, or voted upon the petition for waiver under NAC 289.370 submitted on behalf o Constable liason by Clark County Page 4 0f9 Asucearr & a # as : 2 a | a a af 28. Upon information and belief on June 29, 2016, Sherlock wrote tothe Clark County Boa of Commissioners stating that Constable Eliason had filed to meet POST Commisso: Certification Requirements and that Constable Elian therefore had forfeited his ice. Ups information and belie, a tre and correct copy ofthis letter is attached as Exhibit 5 30. Instead of simply notifying the Clark County Board of Commissioners about Constabl Eliason's POST certification status, Sherlock advised and offered legal opinion to the Clr CCounty Board of Commissioners that it has “the authority regerding non-compliance a appointment to vacated offices 31.Im his June 29, 2016 letter, Sherlock did not advise the Clark County Board o Commissioners when, ori the POST Commission had considered its ptition for waiver un [NAC 289.370 on behalf of Constable Eason. 32, Sherlock dd not send a copy of Exhibit $ to Constable liason. Constable ison receiv copy of Exhibit S secondhand 33. On October 3, 2016, andi ight ofthe Clark County Board of Commissioners request f ‘waiver pursuant ‘© NAC 289.370, private counsel for Constable Elison wrote to Stesloc asking by what authority Sherlock sent his June 2016 leter. A tue and correct copy o counsl's eter i attached as Exhibit 6 54, Sherlock ignored counsel’ eter. 35. Beginning in January 2017, Constable Eliason turned to the Clark County Office o Diversity to explore other altematives under the Americans with Disabilities Act. 36.0n March 6, 2017, the Clark County Office of Diversity wrote to Constable Eliaso confirming the receipt of Constable Bliason’s formal request. A true and correct copy of th correspondence from the Office of Diversity is atached as Exhibit 7. 37. As ofthe filing of this action, Constable Elison has not received notice from the Cari ‘County Office of Diversity of a decision concerning his formal request. Page S of9 jar 5 5 : i J Ey 38.On July 5, 2017, the Clark County Board of Commissioners met consider Sherlock's "unsolicited recommended couse of action to declare Constable Elison had forfeited his office ‘Atm and comect copy of Agenda Hem 59s atached as Exhibit 8 39. Exhibit 7 states, in par, that the purpose ofthe agenda item is for “the Boatd of Count Commissioners to} declare that Robert L. Eliasn, the elected North Las Vegas Constable ha forftited his ofc...” 40. At Constable Eliason’s request, the Clark County Board of Commissioners continued it consideration of the forfeiture of office fortwo weeks. TV. CLAIMS FOR RELIEF FIRST CLAIM FOR RELIEF (Declaratory Relief~Clark County, Sherlock, and POST) 41 Plaintiff incorporates by reference the allegations ofthe preceding paragraphs as though fully set forth herein, 42. \der NRS 30.010 ef eq. this Court has jurisdiction and authority to adjudicate the rights status, and other legal relations ofthe parties 43. A justciable controversy exists between Plaintiff Constable Eliason and Defendant 44. Specifically, a justiciable contraversy exists between Eliason and Sherlock regarding ‘Sherlock's refusal to submit Constable Eliason’s and Clark County's petitions for waiver u NAC 289.370 to the POST Commission for eview and consideration, 45. Further, justiciable controversy exists between Constable Eliason and Clark County about Clark County’s alleged authority to declare a “forfeiture” ofthe office ofthe North Las Vegas ‘Township Constable, in that (1) NRS 258.007 confers no such authority on Clark County; @) the courts are the exclusive province of declaring whether an elected officer has forfeited bis office by way ofa “writ quo warranto” under NRS 35.010 et seq.; and (3) only the Attorne} General, when directed by the Governor, has standing to fle a wait quo warrant. SECOND CAUSE OF ACTION (Cnjunetive Relief, or inthe alternative, a Writ of Prohibition ~ Clark County) Page 6 of 9 46, Plaimff incorporates by reference the allegations of the preceding paragraphs as thug fully st forth herein, 47. NRS 34320 ef seq. grants his Court the power to issue a wit of polibiton to atest “ty proceedings of any tibuna, corporation, board or person exercising judicial functions, whe such proceedings are without or in excess of the jurisdiction of such tribunal, corpo board or person.” 48. NRS 258.007 confers no authority on Clark County to “declare a forfeiture” ofthe offic ofthe Constable of North Las Vegas Township. 49. NRS 35.010 et seg., grants the courts ofthe State of Nevada exchsive jurisdiction

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