ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
ethics committee; constables
Purpose
Makes various changes to
constables’ salaries, work records and training. Establishes the Constables Ethics Committee.
Background
Laws 2000, Chapter 114 (S.B.
1441) 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.
At the final meeting of the
Committee on January 3, 2001, Senator Tom Smith, Cochair of the Committee,
instructed legislative staff to construct a document that would be ready for
introduction of a bill. This
legislation represents the result of those activities.
The fiscal impact of this
legislation is unknown.
Provisions
1. Limits annual salaries of constables in precincts with an average of no more than 100 total civil cases on five over the previous four years to $15,000.
2. Requires the following as additional elements of the constable work record:
a.
the
number of processes attempted to be served by case number,
b.
the
names and addresses of the persons to be served except as otherwise precluded
by law,
c.
the
date of the process,
d.
for
constables in counties with a population of more than 500,000, the daily
mileage, and
e.
for
constables in counties with a population of 500,000 or less, the mileage
traveled for and the time spent on each service or attempted service of
process.
3. Requires the constables’ work record to be filed monthly with the clerk of the justice court and with the clerk of the board of supervisors.
4. Requires constables to attend a mandatory training course within six months after election and at least eight hours of additional training approved by the Arizona Peace Officers Standards and Training Board (AZPOST) in subsequent years.
5. Requires AZPOST to approve a mandatory constable training course covering topics including civil and criminal process, conflict resolution and firearm safety.
6. 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.
7. Requires county boards of supervisors to pay for constable training.
8. Establishes the Constables Ethics Committee. Provides Committee membership.
9. Requires the Committee to hear and investigate written complaints from any person involving a constable’s ethical or personal conduct.
10. 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.
11. Makes conforming, technical and clarifying changes.
12. Provides for a general effective date.
Amendments Adopted by Committee
1. Reverses the work record requirement for constables in small and large counties.
2. Makes technical changes.
Senate Action
GOV 1/29/01 DPA 5-1-0-0
Prepared by Senate Staff
January 30, 2001