Assigned to GOV                                                                                       AS PASSED BY THE SENATE

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR S.B. 1223

 

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

 

Constables’ Salaries

 

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.

 

Constable Work Record

 

2.      Requires the following as additional elements of the constable work log:

 

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.       the daily mileage

 

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.

 

Constable Training

 

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.

 

Constable Ethics Committee

 

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.

 

Amendments Adopted by Committee of the Whole

 

1.      Removes differentiation between small and large county constable work log elements. 

 

2.      Requires all constables, regardless of county size, to keep a listing of daily mileage.

 

3.      Specifies that constables must maintain a listing of required work log elements.

 

4.      Renames required constable work record as constable work log.

 

5.      Makes technical changes.

 

 

 

Senate Action

 

GOV                1/29/01            DPA    5-1-0-0

3rd Read           2/12/01                        28-2-0-0

 

 

Prepared by Senate Staff

February 19, 2001