Constable to fight fine, seeks new hearing

Lisa Snedeker

Tuesday, Feb. 2, 1999 | 10:54 a.m.

North Las Vegas Constable Herb Brown and his attorney will not pay a record $10,000 state Ethics Commission fine without a fight.

Brown's attorney, Frank Cremen, has filed a petition with the commission asking that his client be given a new hearing so that two points that were not brought up in Brown's defense can be heard.

"We allege that only public figures fall under the jurisdiction of the commission, and that excludes judges and officers of the court, which the constable's office falls under," Cremen said. "Secondly, the commission came to the conclusion that the constable is not required to have POST (Peace Officer Standards and Training) certification, and that is not true."

Ethics Commission Chairwoman Mary Boetsch said she and the other commissioners were operating on the basis of the information they were given during Brown's hearing.

In a campaign flier mailed a few days before the November election, Brown made a statement that he was the only qualified candidate for the office because his opponent, Steve Bergstrom, did not have POST certification.

This certification is a requirement for the constable's position, Cremen said, meaning that Brown's statements were true and not a breach of ethics.

Bergstrom filed the ethics complaint against Brown after losing the election, and Jan. 15 the commission fined Brown $10,000 for the mailer. The maximum fine was $30,000.

It was one of only three fines ever levied by the Ethics Commission, Boetsch said.

District 4 Assemblyman Bob Beers held the prior record fine of $5,000, which the commission levied for a campaign flier that suggested his opponent was an arsonist. He has sued, challenging the constitutionality of the law that allows the board to levy fines.

Boetsch said she expects to issue an order within the next few days on Brown's request.

"If he doesn't like my decision, he can ask the whole commission for a decision," she said. "Perhaps we will agree with him."

But if not, Brown, like Beers, can take it to court.

Sun reporter Jace Radke contributed to this story.