Ruling keeps suit alive in police group's disputed vote

District Court Judge Nancy Becker denied a motion Monday to dismiss a lawsuit filed against the Police Protective Association that challenges the re-election last year of the police union's president.

Becker said the bylaws of the union, which was formed by charter in 1947 but never re-formed when the Clark County Sheriff's Department merged with Metro Police in 1973, are "ambiguous."

Michael Stein, representing Sgt. Monty Hall who ran against president Andy Anderson, told Becker that "the so-called mail-in ballots" did not follow the PPA's articles by which they're governed.

"You have people, some of whom are octogenarians (living) in another part of the country who supposedly voted," Stein said.

The difference without the retirees' votes -- 220 -- would have made Hall, not Anderson, the winner by nearly 100 votes.

But Becker said the association's bylaws are in "such disarray" that "there is no association."

"If you go by the 1947 charter, there isn't an organization and it didn't survive the merger," she said.

While the bylaws "seem to imply that the only people who can vote are active members, they're clearly vague and ambiguous," Becker said.

As a result, she told attorney Melissa Collins, who represents the PPA, that she could not grant the motion to dismiss the case.

Becker said the only way to straighten out the bylaws would be by a vote of the general membership and not by the association's board of directors.

"It has to be cleaned up," she said.

She said if it can be proven by the PPA that retirees have regularly voted in past elections, then she would not be able to rule in favor of Hall.

The mail-in ballots were tallied by volunteers from the PPA. Without the retirees, Hall would have won 492 to Anderson's 397 votes. With the retirees' votes, Anderson was the winner, 617 to Hall's 524 votes.

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