Attorney vows to take constable's fine to court

If North Las Vegas Constable Herb Brown does not get another day in front of the state Ethics Commission, he will get his day in court, his attorney said.

Commission Chairwoman Mary Boetsch said Monday she has denied a rehearing request from Frank Cremen, attorney for Brown, on one count. Brown was fined a record $10,000 for a campaign flier he distributed.

Cremen "requested the rehearing saying we didn't have jurisdiction," Boetsch said. "We did."

But Brown could still get a rehearing on another point.

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 post because his opponent, Steve Bergstrom, did not have Peace Officer Standards and Training certification.

On Jan. 15 the commission fined Brown $10,000 for the mailer. The maximum fine was $30,000.

Cremen said Boetsch asked him to contact the North Las Vegas city attorney to determine whether constables are required to carry a firearm. His deadline is 5 p.m. Feb. 25.

In his request for a rehearing, Cremen said the commission reached the conclusion that the constable is not required to have POST certification. Cremen and Brown say that's not true, because the constable is a peace officer, meaning that Brown's statements were truthful and not a breach of ethics.

If the bid for a rehearing is unsuccessful, Cremen said "one way or another, I would assume this will work its way into District Court in the form of a petition for judicial review."

The petition will concern the issues already raised as well as "the constitutionality of the whole process of this commission sitting in judgment of campaign statements," Cremen said.

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