Henderson constable pushes Nevada lawmakers not to change certification requirement
CARSON CITY — Henderson Constable Earl Mitchell bluntly gave his thoughts Monday about a bill that would eliminate the certification requirement for urban constables.
The proposal, he told a panel of lawmakers, is “ill-advised.”
Senate Bill 250 would eliminate the requirement for elected constables in urban areas to obtain a peace officer certification within a year of taking office. The measure, heard Monday in the Senate Government Affairs Committee, was unanimously opposed by law enforcement officials who testified.
“I ask you to save the integrity of the office,” Mitchell told lawmakers. “Do not eliminate the certification requirements.”
North Las Vegas Constable Robert Eliason has been in office since January 2105, but does not have the required certification.
Sen. Mo Denis, D-Las Vegas, said constables in larger cities are “basically an administrator” who supervises deputies rather than directly performing police duties.
“It just didn’t seem fair we were requiring some kind of training,” said Denis, who sponsored the bill at Eliason’s request.
Constables are responsible for performing evictions, serving court papers and writing citations for vehicles without valid license plates.
AGENCY CONCERNED
Among those to testify was Mike Sherlock, executive director of the Nevada Commission on Peace Officers’ Standards and Training, the agency charged with certifying peace officers.
The public “presumes a person who appears as a peace officer” is certified,” he said, adding that when someone isn’t certified, it undermines the public’s trust.
“What concerns us is exercising police powers and legislating that we have to recognize them as peace officers without meeting minimum standards,” Sherlock said.
He suggested an amendment clarifying that if a constable is truly an administrator who doesn’t exercise police powers, that no certification from POST is needed.
Eliason didn’t testify at the hearing, and he could not be reached for comment by phone. He oversees four deputy constables and makes about $100,000 a year. Under Nevada law, he had until July 4 to become certified or forfeit his office. Neither has happened.
Mitchell said granting waivers on a case-by-case basis is better than eliminating the certification requirement altogether.
Chuck Callaway, a lobbyist for the Las Vegas Metropolitan Police Department, said if someone is truly in an administrative job and not required to do law enforcement work it’s not a concern.
But, he noted, in a case where someone is wearing a badge, a uniform and carrying a gun, that’s a cause for concern.
Besides Denis, no one else spoke in favor of the legislation.
The committee didn’t take any action on Monday.
Contact Ben Botkin at bbotkin@reviewjournal.com or 775-461-0661. Follow @BenBotkin1 on Twitter.
