A1511 - REVIEW CONSTABLES ORGANIZATIONAL POLICY - REDLINE.PDF

MARICOPA COUNTY INTERNAL POLICY
Policy Number: A1511
Policy Title:
CONSTABLES ORGANIZATIONAL Current Adoption 3-23-2005MM-DD-
Date: YYYY3-21-2018
POLICYCONSTABLES ORGANIZATION
Current 3-23-2005MM-DD-
Implementation Date: YYYY3-21-2018
C-25-05-003-6-00C-
Board Agenda
Approved by: ##-##-###-#-##25-
Number:
18-002-M-00
BOARD OF SUPERVISORS
Original Adoption
3-23-2005
Date:
I. PURPOSE
The purpose of this policy is to provide the framework and process for establishing an organizational
structure for the Constables. Constables are elected officials charged with the duties articulated in A.R.S.
§ 22-131. A.R.S. § 22-132 provides that the Board of Supervisors shall allow the actual and necessary
expenses incurred by Constables, and A.R.S. § 11-601 provides that the salary and expenses of
Constables are cCounty charges. A.R.S. § 11-201 provides the Board of Supervisors with the power to
determine the budgets of all elected and appointed cCounty officers. A.R.S. § 22-104 establishes role and
term of the Presiding Constable and Associate Presiding Constable. The Presiding Constable serves as
the liaison between the Constables within the County, the County Manager, and other County
departments to ensure a close, The County Manager has been charged with the administration of the
county budget, including the budget of Constables. To that end, a clearly defined staffing protocol is
outlined, along with a policy that will assist both the County Manager and Constables to create a
cohesive, effective working relationship and that as well as ensure that Ccounty funds are expended in
the most judicious method.
In no way are these policies meant to diminish the Constables’ ability to effectively carry out the functions
of their office. Rather, these policies assist the Constables to continue serving the public efficiently and
carry out their duties specified in A.R.S. § 22-131. This organizational policy is meant to offer both the
Constables and County Manager’s Office an opportunity to devise guiding principles that meet the needs
of both entities. Any and all input is welcome in creating a workable, dynamic, and functional organization.
II. DEFINITIONS
A. Associate Presiding Constable: The constables shall select by majority vote one constable to serve Formatted: Font: Bold
as the associate presiding Constable for a two-year term toA Constable selected by majority vote of
the Constables to exercise the powers of the Ppresiding Cconstable during their absence or inability
to act as the Ppresiding Cconstable.
B. Constable: Elected official who executes, serves, and returns all processes, warrants and notices in Formatted: Font: Not Bold
accordance with A.R.S. § 22-131. executive officers, belonging to the executive branch. Their duty is
to serve process given them by the Justices of the Peace or other competent authority and to attend
to the Justice Courts. Constables provide an invaluable cost effective service to both the judicial
system and community-at-large Formatted: Font: Not Bold
C. Constables Administrator: A County eEmployee who is hired in collaboration with the Presiding
Constable and by the County Manager’s Office and supervised by the Executive Manager within the
County Manager’s office, to administer the day-to-day functions of the Constables.
D. Deputy Constable: Appointed, employed, or authorized to assist the Constables or to assume the
full responsibility of the Constables in their absence. AZ Post Certified Formatted: Font: Bold

Policy Title: Policy Number: A1511
CONSTABLES ORGANIZATIONAL
Current Adoption
POLICYCONSTABLES ORGANIZATION 3-23-20053-21-2018
Date:
Managing for Results (MfR): The Maricopa County performance management planning system. Formatted: Font: Bold, Strikethrough
E. Presiding Constable: AThe Cconstable selected by majority vote of the Constables to serve as Formatted: Numbered Paragraph A
general administrator of the Constables and to act as the primary liaison between the Constables and Formatted: Strikethrough
County managements shall select by majority vote one constable to serve as the presiding Constable
for a two-year term..
Process Server: Appointed, employed, or authorized to deliver or serve legal documents. Formatted: Font: Bold, Strikethrough
Formatted: Strikethrough
Formatted: Strikethrough
Formatted: Numbered Paragraph A, Indent: Left: 0.5"
II.III. POLICY GUIDELINES – BASIC PHILOSOPHY
Formatted: Numbered Paragraph A, Indent: Left: 0.25"
A. Arizona’s Constables are executive officers, belonging to the executive branch. Their duty is to serve
process given them by the Justices of the Peace or other competent authority and to attend to the
Justice Courts. Constables provide an invaluable cost effective service to both the judicial system and
community-at-large.
B.A. By Resolution of the Board of Supervisors, theThe Constables are now organized according Formatted: Highlight
to the twenty-six Justice of the Peace Precinct Court Co-locations. This will allow the Constables to
be more responsive to the needs of their precincts.
C.B. The Presiding ConstableCounty Manager’s office oversees the Constables Administrator,
who in turns manages the budget and the internal, administrative functions as outlined by the Board Formatted: Highlight
Resolutionfunctions of the Constables.
D.C. The administrative staffing protocol is as follows:
1. In a collaborative manner, the Presiding Constable and the County Manager’s Office shall: sets
administrative
a. Set administrative policy Formatted: Numbered Paragraph a
b. , Cconcurs in the hiring and termination of the Constables Administrator
1.c. , and makes decisions concerningEstablish the budget and organizational structure of the
Constables with guidance from the Constables.
2. The Executive Manager, within the County Manager’s Office, supervises the Constables
Administrator, including performance plan development and evaluation, and oversees the
administrative functions of the Constables.
2. The Constables Administrator coordinates the daily administrative operations of the Constables’
activities, including budget management, internal conflict resolution assistance, and participation
on interview panels to fill vacant Process Server and Deputy Constable positions. Formatted: Strikethrough
3. The Constables Administrator, with the approval of the Presiding Constable, may direct the Formatted: Strikethrough
temporary re-assignment of Process Servers and Deputy Constables when necessary to cover in
exigent circumstances created by the absence of either a Constable or other Constable employee
to ensure that the courts receive needed coverage on an equal basis of total manpower
resources.
Page 2 of 4

Policy Title: Policy Number: A1511
CONSTABLES ORGANIZATIONAL
Current Adoption
POLICYCONSTABLES ORGANIZATION 3-23-20053-21-2018
Date:
Constables positions, process all work-related paperwork, and coordination of the Managing for
Results (MfR) program.
4. The Constables Administrator,, with the approval of the Presiding Constablemajority of the Area
Resource Managers, may direct the temporary re-assignment of Process Servers and Deputy
Constables when necessary to cover in exigent circumstances created by the absence of either a
Constable or other Constable employee to ensure that the courts receive needed coverage on an
equal basis of total manpower resources.
E.D. If a Constable refuses the use of a serviceable cCounty vehicle, the cCounty will no longer
reimburse for mileage and fuel. County vehicles have proven to be cost-efficient, which makes funds
available for other critical activities. If no serviceable cCounty vehicle is available, the Constable will
be reimbursed according to county policyCounty Policy A2313 General Travel. In the event that a Formatted: Hyperlink, Font: Italic
County vehicle is removed from a Constable’s possession, the Constable will be reimbursed for
mileage when utilizing their personal vehicle to perform their duties. Field Code Changed
F.E. The Presiding Constable will assign oOne Deputy Constable or Process Server will be Formatted: Not Highlight
assigned to each of the six Justice of the Peace Precinct Court Co-locations. The decision to utilize
the services of a Deputy Constable or Process Server will be made by the Presiding Formatted: Strikethrough
Constablemajority of the Constables within each area. Formatted: Strikethrough
F. The Constables within each of the six Justice of the Peace Precinct Court Co-locations will select a
Constable to be the Area Resource Manager. This selection will be done with a majority vote of the
Constables in each area. The Area Resource Managing Constable will serve at the discretion of the
Constables in each area. Any Constable in the area can call for a vote.The Presiding Constable Formatted: Strikethrough
Constables within the Justice of the Peace Court Co-location will select a Constable to be the Area
Resource Manager Coordinator within each of the Justice of the Peace Precinct Court Co-locations. Formatted: Strikethrough
The Area Resource Manager Coordinator will coordinate the activities of each regional area,
supervise, and schedule the Deputy Constables and Process Servers that are assigned to that area. Formatted: Strikethrough
Formatted: Strikethrough
G. In accordance with A.R.S. § 22-137, Constables placed on probation by the Constable Ethics
Standards and Training Board or suspended from performing their duties by the Board of Supervisors Formatted: Strikethrough
shall not be considered a Constable under the terms of this policy.
H. All policies are to be developed based on collaboration and consensus among the Presiding
Constables and County Manager’s office.
III.IV. Procedures:PROCEDURES
A. Each Constable is annually approved for both travel and training funds that are equally divided
among the Constabulary. Each Constable will approve the expenditure of the funds from their
individual budget. To better account for these expenditures, submission of the cCounty-approved
Travel Authorization and Expense Report must be made monthly to the Constable Administrator in Field Code Changed
accordance with County Policy A2313 General Travel. If the proper forms are not submitted, it could
lead to a delay in processing and reimbursement. Field Code Changed
B. Constables are an integral component of county governmental services, and it is imperative that the Formatted: Strikethrough
citizens know and understand the functions of the Constables. A clear and consistent message is
necessary to impart successes achieved and goals reached. The Managing for Results (MfR)
strategic planning process is the vehicle for providing this information as it also informs the Board of
Supervisors, Judiciary, and County Manager of the Constables’ effectiveness in meeting performance
measures. Understanding the importance of this information, the Constables are to submit their MfR
statistics to the Constable Administrator on a quarterly basis.
Page 3 of 4

Policy Title: Policy Number: A1511
CONSTABLES ORGANIZATIONAL
Current Adoption
POLICYCONSTABLES ORGANIZATION 3-23-20053-21-2018
Date:
C. According to A.R.S. § 11-445, (I & J), Constables are required to maintain a standardized daily
activity log of work-related activities. detailing the following information:
1. number of processes served and attempted Formatted: Numbered Paragraph A
2. names of the plaintiffs and defendants
3. names and addresses of the persons served (except as otherwise precluded by law)
4. process date
5.B. daily mileage
C. Once this information is logged,The standardized daily activity logs it now becomesare public record
and should be made available as prescribed by , and copieslaw. Copies must be filed monthly by the
10th day of the following month with the both the Clerk of the Justice Court and Clerk of the Board of Formatted: Superscript
Supervisors..
Formatted: Strikethrough
D. In addition, aAnnual training reports, including certificates of completion, must alsomust be filed with
both the Clerk of the Justice Court and Clerk of Board of Supervisors Arizona Constable Ethics, Formatted: Strikethrough
Standard and Training Board.offices.
Revision History
Version Revision Date Description of Revision
1 3-23-2005 Initial version (C-25-05-003-6-00) Formatted: Centered
2 MM-DD-YYYY3- Updated to reflect the establishment of the Presiding Constable, Associate Formatted: Centered
21-2018 Presiding Constable, updated standardized log and filing procedures, and
streamlined current language (C-##-##-###-#-##25-18-002-M-00).
Page 4 of 4