NLV Constable’s request for hearing denied

Lisa Snedeker

Friday, March 26, 1999 | 11:17 a.m.

The Nevada Ethics Commission Thursday unanimously agreed to deny North Las Vegas Constable Herb Brown's request for a rehearing concerning a campaign flier he distributed last fall that was found to be misleading.

Brown's attorney, however, said the denial will not affect the petition that has been filed in District Court for judicial review of the commission's original decision that left Brown facing a record $10,000 fine.

Brown has yet to be required to pay any of his fine, which his attorney has asked the court to stay until the outcome of his review.

Attorney Frank Cremen said the petition concerns the constitutionality of the commission and questions its jurisdiction in such matters.

The commission, at Brown's request, heard arguments from him, his attorney and his deputy constable about why Brown felt it was necessary that a constable in Nevada needs to be a state certified peace officer.

Cremen said that while the Clark County district attorney's office confirmed there is no law that compels a constable to carry a firearm, it is the policy of the North Las Vegas constable's office.

Brown was fined a record $10,000 on Jan. 15 for a campaign flier he distributed before the November election. The maximum fine was $30,000.

In the flier mailed a few days before the election, Brown made a statement that he was the only qualified candidate for the post because his opponent, Steve Bergstrom, did not have Peace Officer Standards and Training certification.

In January, Ethics Commission Chairwoman Mary Boetsch rejected Cremen's request for a rehearing of Brown's case.

Boetsch, however, asked Cremen to contact the North Las Vegas city attorney to determine whether constables are required to carry a firearm. Cremen said he was sent to the district attorney's office, where he received the decision that constables do not have that requirement.

Cremen and Brown argued, however, that because the constable is a peace officer he is required to have POST certification, which would mean Brown's statements in the flier were truthful and not a breach of ethics.