POLICY RE A2232 CONSTABLES PERSONAL SAFETY TRAINING FINAL REDLINE.PDF

Maricopa County Administrative Policy Number: A2232
Policy, Procedure, Standard or Title: Constables Personal Safety Issue Date: July 2001
Guideline Training Policy
Policy Category: Initiating Department: Constables Revision: 12
Reviewed by: Approved by: Revision Date: October
2007January 2014
A. PURPOSE
This policy identifies three levels of training opportunities that will be available to the constables and
deputy constables of Maricopa County in order to enhance their personal safety while serving the
process of the Justice Courts.
B. POLICY
1. Maricopa County will make available to the constables three levels of enhanced safety training. Level
I Safety Training will be made available to all constables. Constables who successfully complete and
maintain Level I and II Safety Training may carry certain defensive (non-lethal) weapons during the
performance of their duties and in course and scope of service. Constables who successfully
complete and maintain Level I and III Safety Training may carry a firearm during the performance of
their duties and in course and scope of service.
2. Constables and deputy constables who are currently certified and in compliance with all AzPOST
regulation for peace officer status are exempt from duplicating applicable requirements in this policy.
3. A constable who has completed Level III training and has obtained an Arizona Concealed Weapons
Permit may carry a concealed weapon in the performance of duty. A concealed weapons permit
issued pursuant to A.R.S. § 13-3112 is not specific authorization to enter county property with a
concealed weapon or to carry a concealed weapon in the course and scope of service. (County
Administrative Policy A2228).
4. A constable who carries a firearm in violation of this policy acts outside the course and scope of
service; is subject to any criminal action as provided by law; is subject to disciplinary action; and may
be subject to personal liability for any claim of damage resulting from the violation (see section
(E)(6)).
5. Completion of Levels I and III training does not in itself qualify a constable as an AzPOST certified
peace officer. This policy in no way amends the duties of constable; rather it provides enhanced,
personal safety in the performance of their statutory duties.
C. DEFINITIONS
Firearm: For the purpose of this policy firearm means any loaded or unloaded handgun, pistol or
revolver that is designed to or that may readily be converted to expel a projectile by the action of an
explosive. Firearm does not include a firearm in permanently inoperable condition.
Course and scope of service: A.R.S. § 22-131(A): “Constables shall attend the courts of justices of
the peace within their precincts when required, and within their counties execute, serve and return all
processes and notices directed or delivered to them by a justice of the peace of the county or by
competent authority…”
Carrying: The term “carrying” includes possession or access to a firearm by the constable or deputy
constable.
Public establishment: A.R.S. § 13-3102(K)(1): is “a structure, vehicle or craft that is owned, leased or
operated by this state or a political subdivision of this state.”
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Maricopa County Subject: Constables Personal Number: A2232
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AzPOST Certification: A.R.S. § 41-1821 establishes the Arizona Peace Officers Standards and
Training Board and sets forth the requirements of peace officer certification stated in A.R.S. § 41-
1822(A)(3).
Use of weapon: Includes drawing, brandishing, un-holstering, displaying or discharging lethal or
defensive non-lethal weapons for other than training, cleaning, maintenance or proper storage.
D. AUTHORITY
Arizona Attorney General Opinion I01-011 (R00-53): “A State agency may establish rules or policies
prohibiting its employees from possessing a weapon while on duty, and such rules or polices could
apply to an employee who has a concealed weapons permit.”
A.R.S. § 41-1823(B): “…no person may exercise the authority or perform the duties of a peace
officer unless he is certified by the board [AzPOST] pursuant to section 41-1822, subsection A,
paragraph 3.”
Maricopa County Administrative Policy A2228: Prohibition of Weapons: “Deadly weapons are
prohibited on any county owned/leased property or at a county sponsored event.”
Superior Court Administrative Order 96-047(D): “No persons will be permitted within any Superior
Court Building with any type of weapon.”
A.R.S. § 13-3108(C)(4): Maricopa County may regulate its independent contractors and employees
by prohibiting weapons in the course and scope of their employment or contract.
A.R.S. § 13-3102(A)(10): The county, as the “operator of an establishment,” is authorized to request
removal of a weapon or surrender of the weapon for safekeeping.
E. APPLICATION OF POLICY
Constables Safety Training Program
Purpose:
This policy is intended for personal safety of constables in the performance of their duties by making
available to them three levels of training. Level I Safety Training will be made available to all
constables. Constables who successfully complete and maintain Level I and II training may carry
certain defensive (non-lethal) weapons during the performance of their duties and in course and
scope of service. Constables who successfully complete and maintain Level I and III Safety Training
may carry a firearm during the performance of their duties and in course and scope of service.
1. Minimum Qualifications
Level I Safety Training: There are no prerequisites and all constables will be encouraged to
obtain this level of safety training.
Level II Safety Training: Constable must have successfully completed Level I training and
shall have read the Code of Ethics (subsection c) and affirmed by signature the constable’s
understanding and agreement to abide by the Code prior to entering Level II training.
Level III Safety Training: Constable must have successfully completed Level I training
before being considered for Level III training.
a) Prior to attending Level III training, candidates shall meet the following minimum
requirements.
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1. The constable shall have undergone a complete background investigation, which
meets the standards of subsection b). The background investigation shall attest to
the fact that the constable meets minimum standards, has not engaged in conduct or
a pattern of conduct that would jeopardize public trust in the position of constables,
and is of good moral character.
2. The constable shall not have been convicted of a felony or any offense that would be
a felony if committed in Arizona.
3. The constable shall not have been convicted of any offense involving dishonesty,
unlawful sexual conduct, physical violence or domestic violence.
4. The constable does not suffer from mental illness and has not been adjudicated
mentally incompetent or committed to a mental institution.
5. The constable shall not have been denied a permit to carry a concealed weapon or
had a permit revoked by the State of Arizona.
6. The constable is not under court order (i.e., order of protection, harassment, etc.) or
has active warrants or wants.
7. The constable shall have undergone and passed an approved drug screening test.
8. The constable shall have read the Code of Ethics (subsection c) and affirmed by
signature his/her understanding and agreement to abide by the Code, if not
completed under Level II training.
b) Constables requesting to attend Level III training shall complete and submit to Maricopa
County Sheriff’s Office (MCSO) a background questionnaire to initiate a background
investigation. The questionnaire shall address issues to aid in determining whether the
constable is eligible for Level III training. MCSO shall determine, based on their
organization’s established standards, whether the constable: “Meets Standards” or “Does
Not Meet Standards”. All information in questionnaire will be retained by MCSO. The
background questionnaire shall include the following:
1. Proof of United States citizenship. Copy of a birth certificate, United States passport
or United States naturalization papers shall be acceptable proof.
2. Proof of education. Copy of a diploma, certificate or transcript shall be acceptable
proof.
3. Record of any military discharge. A copy of the Military Service Record Form (DD
214) shall be acceptable proof.
4. Department of Transportation driving record.
5. Personal reference and previous employer inquiries.
6. Law enforcement agency records. Law enforcement agency records in jurisdictions
where the applicant has lived or worked in the past five years shall be checked and
reviewed.
7. Federal Bureau of Investigation and Department of Public Safety records. The
applicant shall have undergone a fingerprint check with these departments.
8. National and Arizona Criminal Information Center checks.
9. Psychological fitness assessment conducted by a psychologist or psychiatrist
designated by MCSO.
c) Code of Ethics: The people of the State of Arizona and Maricopa County have conferred
upon constables specific authority and responsibility within applicable statutes. Because
of this trust and confidence, constables are expected to personally make the following
commitment:
 "I will exercise self-restraint and be constantly mindful of the welfare of others. I will
be exemplary in obeying the laws of the land and applicable policies of Maricopa
County, and be loyal to the State of Arizona, my office and its objectives and
regulations. Whatever I see or hear of a confidential nature or that is confided to me
in my official capacity will be kept secure unless revelation is necessary in the
performance of my duty.”
 "I will never take selfish advantage of my position and will not allow my personal
feelings, animosities or friendships to influence my actions or decisions. I will
exercise the authority of my office to the best of my ability, with courtesy and
vigilance, without favor, malice or ill will, and without compromise. I am a servant of
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Maricopa County Subject: Constables Personal Number: A2232
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the people and I recognize my position as a symbol of public faith. I accept it as a
public trust to be held so long as I am true to the law and serve the people of
Maricopa County."
2. Training Requirements:
Level I Safety Training. All Constables will be encouraged to obtain Level I Safety Training.
1. Law & Legal 16 hours
2. Emergency First Care 8 hours
3. CPR 8 hours
4. Basic Traffic 8 hours
5. Defensive Tactics I & II 12 hours
6. Defensive Driving I 4 hours
Level I Total 56 hours
Level II Safety Training (optional). Constables may carry certain non-lethal defensive
weapons (oleoresin capsicum spray (OC) or police batons) in the performance of their duty
and in course and scope of service only after successfully completing Level I training and the
following:
7. Chemical Agents 4 hours
8. Baton Training 16 hours
Level II Total 20 hours
Level III Safety Training. Constables may carry a firearm in the performance of their duties
and in course and scope of service only after successfully completing Level I training and the
following
9. Basic Firearms 60 hours
10. Weapons Retention 12 hours
11. F.A.T.S. 4 hours
Level III Total 76 hours
a) All courses in Level I, II and III will be provided by the MCSO. Course and hour
requirements may be amended by MCSO as necessary. Constables will be scheduled to
attend classes based on space availability within the existing schedule established by
MCSO for their own training needs. Cost not covered by MCSO will be for rounds of
ammunition, OC spray and drug testing.
b) Requirement waiver: Specific training requirements may be waived upon review and
approval by MCSO:
 An application is submitted to the MCSO on a form prescribed by MCSO. Written
verification of previous experience and training must accompany the application.
 The constable successfully completes a comprehensive examination measuring
comprehension of the basic course. The examination shall be approved by MCSO
and include a written test and practical demonstrations of proficiency in firearms,
defensive driving, first aid, and defensive tactics.
c) Continuing training required: All constables who have successfully completed Levels II or
III shall be required to successfully complete eight hours of proficiency training that meets
AzPOST requirements every three years beginning with the date they receive initial
training. Constables who have completed Level I training will be encouraged to receive
this refresher training. The curriculum in this proficiency training shall cover one or a
combination of the following topic areas:
 Defensive Tactics
 Defensive Driving
 Firearms Safety (not firearms re-certification)
 Emergency First Care
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Maricopa County Subject: Constables Personal Number: A2232
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 CPR
(Continued training can be applied toward constables statutory training requirements in A.R.S. 22-131(B))
d) Re-qualification requirements for Level II: A constable who has successfully completed
Level II training and who carries a non-lethal defensive weapon in performance of duties
and in course and scope of service shall successfully complete a refresher course every
three years following the receipt of initial training.
e) Re-qualification requirements for Level III: A constable with Level III training and who
carries a firearm in performance of duties and in course and scope of service shall re-
qualify each calendar year through MCSO beginning the year following the receipt of
initial training.
f) Documenting training: Constables who successfully complete any level of the Safety
Training Program will receive a certificate of completion from the MCSO and are
responsible for reporting all training per A.R.S 22-131(B): “Copies of certificates of
completion of the constable training shall be forwarded to the Clerk of the Justice Court
and the Clerk of the Board of Supervisors within thirty days after completion.”
g) Failure to complete or pass Constable Safety Training: Constables who fail to
successfully complete or pass Level II training shall not carry certain non-lethal defensive
weapons in the performance of duties and in course and scope of service. Constables
who fail to successfully complete or pass Level III training shall not carry a firearm while
in the performance of duties and in course and scope of service.
3. Approved Lethal and Non-Lethal Defensive Weapons and associated hardware.
a) Constables who have successfully completed Level II or III training will comply with all
applicable sections of MCSO Authorized Weapons Policy.
b) Constables who have successfully completed Level II or III training will utilize only lethal
and non-lethal defensive weapons that are approved in MCSO Authorized Weapons
Policy. Constables will be responsible for keeping firearms maintained in a factory
condition and subject to inspection by the MCSO. Purchase, maintenance and repair of a
firearm will be the responsibility of the constable and will not be reimbursed by Maricopa
County.
4. Grounds for Denial, Revocation, Suspension and Cancellation
a) The following constitute grounds for denial, revocation, suspension or cancellation, as
determined by MCSO, Maricopa County Board of Supervisors or County Administrative
Officer.
1) Willful falsification of information to obtain Level III training, or failure to meet
minimum requirements prior to obtaining Level III training;
2) MCSO background investigation of the constable determines “does not meet
standards” prior to receipt of training;
3) Failure to maintain Level III minimum qualifications after completion of training;
4) A physical or mental disability which substantially impairs the constable’s ability to
responsibly carry a firearm;
5) A violation of a state law or applicable county policies related to constable duties and
responsibilities;
6) Addiction to or the unlawful use of narcotics or drugs;
7) Unauthorized use of or being under the influence of spirituous liquor on duty, or
excessive use of spirituous liquor which would tend to discredit the office of
constable;
8) The commission of a felony, or an offense which would be a felony if committed in
this state;
9) The commission of any offense involving dishonesty, unlawful sexual conduct,
physical violence or domestic violence;
10) Violation of A.R.S. § 13-3112, concealed weapons permit, or statutes governing
firearms, lethal and non-lethal weapons;
11) Malfeasance, misfeasance or nonfeasance in office;
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Maricopa County Subject: Constables Personal Number: A2232
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12) Any other conduct or pattern of conduct that would tend to disrupt, diminish or
otherwise jeopardize public trust in the office of constable, to be determined by the
Maricopa County Board of Supervisors;
13) Discharge of a firearm by a constable in violation of any municipal, county or state
law, regulation or policy;
14) Drawing of a firearm or use of non-lethal defensive weapon in violation of any
municipal, county or state law, regulation or policy;
15) Failure to comply with Reporting Responsibilities in section 5;
16) Failure to satisfy the requirements of Level III training will result in suspension. This
suspension shall remain in effect until the requirements are met and permission shall
be reinstated upon notice by MCSO of their satisfaction.
b) Upon receipt of information that grounds exist for denial, cancellation, suspension, or
revocation, MCSO, Maricopa County Board of Supervisors or the County Administrative
Officer shall determine the action to be taken. These agencies may conduct additional
inquiries or investigations in making this determination. The affected constable shall be
notified of a decision. The notice shall be delivered by certified mail or personal delivery
and specify the cause for the action. Within ten days of delivery, the constable named in
the notice shall advise the notifying agency or their staff in writing of any additional
information pertinent to the action.
5. Reporting Responsibility
Whether or not a constable is AzPOST certified as a peace officer, when involved in a
situation where police action is necessary, they should contact the local police or sheriff’s
dispatch. In the event that the constable is forced to take defensive action to protect their
personal safety prior to response by local police or sheriff’s deputy, they are required to
complete a written incident report.
a) Level I: Any incident where constable felt their personal safety at risk. Incident report
must be forwarded to Constables Administration within 48 hours. Incident reports will be
maintained on file and used to document constable actions.
b) Level II: Any incident involving the use of non-lethal defensive weapon (OC spray, police
baton):
 The constable must notify local law enforcement.
 Incident report with any available supporting documents (police/medical treatment
report) must be forwarded to Constable Administration within forty-eight hours. Copy
of report will be forwarded to County Risk Management.
c) Level III: Any incident involving the use, or allegation of use, of a firearm.
 Local law enforcement must be notified immediately by the constable.
 Incident report with any supporting documents must be submitted to MCSO and
Constables Administration within twenty-four hours. Copy of report will be forwarded
to Risk Management.
 MCSO will conduct independent investigation of any incident involving use, or
allegation of use, of a firearm by a constable. The results of the investigation may
be independent of any other law enforcement agency and can be used to determine
whether the constable may continue to carry a firearm in the performance of duty
and in course and scope of service.
6. Violation of Policy
Violation of this policy by any constable or deputy constable shall result in appropriate action
including, but not limited to, the following potential consequences:
a) Referred to law enforcement agency for weapons misconduct (A.R.S. § 13-3102(A)(10)), or
violation of other law;
b) Written report to the Constable Ethics Committee (A.R.S. § 22-136);
c) Sanctions by the Board of Supervisors and/or County Administration;
d) Written report to the Presiding Judge of the Superior Court in the county (A.R.S. § 22-
131(A));
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e) Risk of personal liability for consequences resulting from use of a firearm contrary to
Maricopa County policy.
f) Formatted: Indent: Left: 0.5", No bullets or
numbering
7. Deputy Constable Minimum Requirements
As stated in A.R.S. § 22-131(C): “Constables, with the consent of and at salaries fixed by the
board of supervisors, may appoint deputies who are certified pursuant to section 41-1822,
subsection A, paragraph 3, stenographers, clerks and assistants necessary to conduct the affairs
of their offices. The appointments shall be in writing.”
Deputy Constables assist the Constable or assume the full responsibility of the Constable in his
or her absence. As such, he or she has all roles and responsibilities of the Constable for whom
he or she is working. The minimum qualifications for the position of Deputy Constable shall be 21
years of age, possess a high school diploma and must be certified as a police officer by the
Arizona Police Officer Standards and Training Board while employed as a Deputy Constable.As
stated in A.R.S. 22-131. “Constables: powers and duties. C. Constables, with the consent of and
at salaries fixed by the board of supervisors, may appoint deputies, stenographers, clerks and
assistants necessary to conduct the affairs of their offices. The appointments shall be in writing
and filed in the office of the county recorder.”
Deputy Constables assist the Constable or assume the full responsibility of the Constable in his
or her absence. As such, he or she has all roles and responsibilities of the Constable for whom
he or she is working. Applying A.R.S. 38-462, a Deputy Constable possesses the powers and
may perform the duties allowed by law for the office of Constable.
The minimum qualification for the position of Deputy Constable shall be 21 years of age, possess
a high school diploma and must hold a current certification as a police officer from the Arizona
Police Officer Standards and Training Board at the time of appointment.
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