‘Conspiracy’ claimed in firing of school police chief

Friday, Oct. 29, 2004 | 9:20 a.m.

The head of the union representing Clark County School District police officers said Thursday that Elliott Phelps wasn't fired from his job as chief because of a failure to meet state certification requirements but because of a "personally motivated conspiracy."

Phil Gervasi, president of the district's Police Officers Association, outlined his allegations for the Clark County School Board and urged its members to launch a full investigation.

Phelps was fired Oct. 5 after being given two weeks to complete the state certification requirements.

District officials wouldn't say who alerted them to the fact that Phelps, who was hired in 2000, had apparently worked four years without the required certification.

Gervasi said Phelps was fired in order to stop him from fully investigating embezzlement charges against district employees, including former athletics director Larry McKay, Gervasi said. McKay was arrested this summer and charged with improperly using district funds to pay school police officers to act as security at a basketball tournament he administered.

In outlining his "conspiracy theory," Gervasi suggested the police chief's computer had been "bugged" to automatically forward Phelps' personal e-mails to Clark County Schools Superintendent Carlos Garcia.

District officials scoffed at the claim.

"There is no conspiracy and this has nothing to do with Larry McKay or anybody else for that matter," Garcia said. "The issue has always been certification, plain and simple."

School Board member Shirley Barber said she has been hearing similar rumors about Phelps' firing somehow being connected to the McKay investigation. She asked Garcia to prepare a complete summary of the events leading up to Phelps' dismissal.

Phelps said his lack of certification was the result of a misunderstanding dating back to his hiring in August 2000. At that time he submitted proof of his certification from the state of Colorado -- dated March 15, 1974 -- to the state and believed that was sufficient, Phelps said. The issue did not come up again until an anonymous caller contacted someone in district administration this summer, Phelps said.

At Thursday's meeting Gervasi handed out copies documents showing the former chief has now passed all of the state certification requirements. All that is lacking is approval from the state commission, which does not meet again until December, Gervasi said.

He also shared copies of e-mails, detailing Phelps' attempts to save his job.

In a July 29 e-mail to Garcia, Phelps explained that had completed the 80 hours of classes required by the Nevada Commission on Peace Officers' Standards and Training and passed the written exam. But a back and shoulder injury -- sustained while preparing for the certification process -- have kept him from being able to meet the requirement that he walk or run 1.5 miles in less than 17 minutes, 17 seconds.

In later messages to the district's senior counsel, Bill Hoffman, Phelps relays that he has asked POST officials to allow him to demonstrate his physical fitness with an alternative activity -- such as bicycling -- that will put less stress on his back and shoulder.

After seeking treatment from a new doctor, Phelps passed the physical agility test Sept. 27 -- two days before the deadline set by the superintendent.

"The superintendent said I had two weeks to meet the state's requirements and I met that deadline," Phelps said in an interview outside the School Board meeting Thursday.

But the state commission, which must sign off on Phelps' certification, doesn't meet again until Dec. 2. Phelps sought a leave of absence until Dec. 7 but was turned down.