Collins’ affidavit supports Bonaventura’s lawsuit to save constable’s office

Las Vegas Township Constable John Bonaventura has received support in a fight to preserve his job from an unexpected person: a Clark County commissioner who voted along with the rest of the commission to abolish the constable’s office.

Bonaventura now has a sworn affidavit from Commissioner Tom Collins that undercuts the county’s past arguments that the office is no longer necessary. The affidavit was filed by Bonaventura as an exhibit in an ongoing lawsuit he has filed against the commission.

The lawsuit seeks to overturn the commission’s unanimous March 2013 decision to abolish the office when Bonaventura’s term ends in January 2015.

Bonaventura’s lawsuit contends the county didn’t properly make a finding that his office is unnecessary, which is required under state law for the commissioners to abolish an office.

In his affidavit, Collins states: “The agenda item was never based on any objective ‘finding’ other than the predetermined effort by the Board to keep John Bonaventura off the ballot and from running for re-election.”

Collins also states that there was never a “true factual finding” as required by state law that the office was unnecessary, adding that the office is both necessary and serves a “vital role.”

The county had planned to reinstate the constable’s office and rescind its ordinance abolishing the office after the election and unspecified period of time passed, Collins stated. The plan was reviewed and supported by the district attorney’s civil division, he said.

“For him to come out and blow the whistle on the other commissioners is pretty devastating to them,” Bonaventura said in an interview. “Because he basically let us know what happened.”

The constable’s office serves legal paperwork and handles evictions with sworn deputies. That work is expected to be turned over to the Metropolitan Police Department when the office disappears.

The affidavit has put the district attorney’s office in the position of arguing to prevent Collins — one of their clients in the case — from testifying as a witness for the opposing side. The county also wants to strike the commissioner’s affidavit from the case.

The county’s motion, filed last week, argues that Robert Pool, Bonaventura’s attorney, improperly communicated with Collins, who is a defendant in the case. Under that argument, Pool didn’t have permission from the county’s legal counsel who is defending the commission, or any court authorization.

Pool collected the affidavit from Collins at his home on April 18, the affidavit states.

The commission’s vote to abolish the office was unanimous. In an interview, Collins said he voted along with the other commissioners because he wanted to be “collegial” with his colleagues.

The county also argues that Collins’ affidavit fails to meet legal requirements to contain only factual statements and improperly makes general conclusions or arguments.

Through a spokeswoman, the district attorney’s office declined to comment.

In their response against the county’s attempt to throw out Collins’ affidavit and potential testimony, Bonaventura and his attorney argue that Collins contacted Bonaventura on April 18 to “discuss his support of plaintiff.” Pool had no direct conversation with Collins and didn’t interview him, and simply received the signed “whistleblower” document, according to their argument.

After Bonaventura was elected constable in 2010, his office experienced a large number of high-profile incidents such as foul-mouthed deputies on a reality television show, lawsuits from former staffers, disputes with the county about finances and jurisdictional disputes with neighboring constables.

In separate interviews with the Review-Journal, Commissioner Chris Giunchigliani and commission Chairman Steve Sisolak said there wasn’t a plan to restore the office after Bonaventura’s term ends.

The next court hearing in the case is scheduled for June 5.

Bonaventura is running as a Democrat in the June 10 primary election for the seat of Commissioner Mary Beth Scow, who is seeking another term.

Contact Ben Botkin at bbotkin@reviewjournal.com or 702-405-9781. Find him on Twitter: @BenBotkin1.