House of Representatives

HB 2099

constables; revisions; ethics committee

Sponsors: Representatives Jarrett, Flake, Senator Smith et al.

 

X

Committee on Counties & Municipalities

 

Caucus and COW

 

 

As Passed the House

 

HB 2099 makes various modifications to constables’ salaries, work records and training and establishes the Constables Ethics Committee.

History

Laws 2000, Chapter 114, established the Joint Legislative Study Committee on Constables’ Salaries.  The Committee was required to review the current method of setting constables’ salaries, review possible alternative methods to establish constables’ salaries, review the feasibility of eliminating the position of constable, review the job duties of constables and review the process by which justice precincts are drawn.

Summary of the proposed strike-everything amendment to HB 2099:

Provisions

·               Sets annual salaries of constables in precincts with an average of no more than 100 total civil cases on file over the previous four years at no more than $15,000.

·               Requires the following requirements to be included as part of the constable work log:

Ř      The number of processes attempted to be served by case number;

Ř      The names and addresses of the persons to be served except as otherwise precluded by law;

Ř      The date of the process;

Ř      The daily mileage.

·               Requires the constables’ work log to be filed monthly with the clerk of the justice court and with the clerk of the board of supervisors.

·               Requires the Arizona Peace Officers Standards and Training Board (AZPOST) to approve a mandatory constable training course covering topics including civil and criminal process, conflict resolution and firearm safety.

·               Stipulates that constables must attend a mandatory training course within six months after election and at least eight hours of additional training approved by AZPOST in subsequent years.

·               Requires certificates of completion of constable training to be forwarded to the clerk of the justice court and the clerk of the board of supervisors within 30 days of completion.

 

·               Requires county boards of supervisors to pay for constable training.

·               Creates the Constables Ethics Committee to hear and investigate written complaints from any person involving a constable’s ethical or personal conduct.

·               Requires the Committee to adopt a constable code of conduct that addresses attendance at mandatory training and rules of procedure.

·               Requires the Committee to attempt to remedy a constable’s inappropriate behavior by mediating, issuing warnings, reprimands and admonishments, instructing constables to take a particular action or urging a constable to retire from office.

·               Makes other technical and conforming changes.

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·               45th Legislature                                                                                                                              

·               First Regular Session                               2                                                           February 5, 2001

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