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MARICOPA COUNTY INTERNAL POLICY Policy Title: CONSTABLES ORGANIZATION Policy Number: A1511 Current Adoption Date: MM-DD-2024 Current Implementation Date: MM-DD-2024 Approved by: BOARD OF SUPERVISORS Board Agenda Number: C-25-18-002-M-01 Original Adoption Date: 3-23-2005 I. PURPOSE The purpose of this policy is to provide the organizational framework of the Constables. II. AUTHORITY 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 County charges. A.R.S. § 11-201 provides the Board of Supervisors with the power to determine the budgets of all elected and appointed County officers. A.R.S. § 22-104 establishes the role and term of the Presiding Constable and Associate Presiding Constable. The Presiding Constable and Associate Presiding Constable are selected by the constables’ majority vote for a two-year term. At any time during their terms, a majority of the constables may vote to remove the Presiding Constable or Associate Presiding Constable and select a new Presiding Constable or Associate Presiding Constable to complete the term. The Presiding Constable serves as the liaison between the Constables, County departments and the Board of Supervisors. A.R.S. § 41-1823(B) states: “Except for . . . persons given the authority of a peace officer pursuant to . . . [§] 22-131, no person may exercise the authority or perform the duties of a peace officer unless he is certified by [AZPOST] pursuant to section 41-1822, subsection A, paragraph 3.” A.R.S. § 22-131(E) states: “A Constable who is duly elected or who is appointed by the board of supervisors has the authority of a peace officer only in the performance of the Constable's official duties.” III. DEFINITIONS A. Associate Presiding Constable: A Constable selected by majority vote of the Constables to exercise the powers of the Presiding Constable during their absence or inability to act as the Presiding Constable consistent with A.R.S. § 22-104. B. 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). C. Constable: Elected official who executes, serves, and returns all processes, warrants, and notices in accordance with A.R.S. § 22-131. D. Constable Ethics Standards and Training Board (“CESTB”): A.R.S. § 22-136 establishes the Constable Ethics Standards and Training Board that sets the professional standards for Constables throughout the State consistent with A.R.S. § 22-137. Policy Title: CONSTABLES ORGANIZATION Policy Number: A1511 Current Adoption Date: MM-DD-2024 Page 2 of 4 E. Constables Administrator: An employee who is hired by, reports to, and managed by the Presiding Constable. The Constable Administrator supports the Constables organization with budget development and management, public records requests, travel, payroll, training, workplace injury and damage reports, assists with meetings and other duties. F. Deputy Constable: An employee who is appointed by, reports to, and managed by the Presiding Constable. A Deputy Constable is authorized to assist or assume the duties and responsibilities of a Constable due to absence or vacancy. 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.” G. Firearm: Under this policy, “firearm” means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of expanding gases, except that it does not include a firearm in permanently inoperable condition. A.R.S. § 13-105(19); A.R.S. § 38-1113(G)(1). H. Presiding Constable: A Constable selected by majority vote of the Constables to serve as general administrator of the Constables and to act as the primary liaison between the Constables and County management. A.R.S. § 22-104. I. Private Vehicle: A Vehicle in the possession of an elected official or employee that is not owned or otherwise insured by Maricopa County or any agency or division of Maricopa County. J. Risk Trust: The Revised Restated Declaration of Trust for Maricopa County, Arizona Self-Insured Trust approved by the Board of Supervisors according to applicable state law. IV. POLICY A. The elected Constables are organized according to the Justice of the Peace Precinct Court co-locations. B. The Presiding Judge of the Maricopa County Superior Court has broad authority over the conduct of Constables, and Constables are subject to applicable Administrative Orders and other forms of oversight as determined by the Presiding Judge. A.R.S. § 22-131(A). C. With the roles of Presiding Constable and Associate Presiding Constable established by statute, the Constables organization should adopt their own policies and procedures in alignment with the oversight of the Presiding Judge of the Maricopa County Superior Court, AZPOST, CESTB, applicable County policies, and federal and state law. D. The Constables organization should arrange for mandatory basic training course(s) for Constables covering topics including civil and criminal process, conflict resolution and firearm safety approved by AZPOST or AZPOST certified firearm instructor(s). A.R.S. § 22-131(B); A.R.S. § 22-137(E). E. The Constables organization, through the Presiding Constable, must prepare, submit and manage a fiscally responsible, transparent annual budget request to the Board of Supervisors for the Constable organization. Policy Title: CONSTABLES ORGANIZATION Policy Number: A1511 Current Adoption Date: MM-DD-2024 Page 3 of 4 F. The Self-Insured Risk Trust Fund for Maricopa County (“Risk Trust”) provides liability coverage for the duly elected and appointed Constables, Deputy Constables, and the Constables organization for actions or inactions taken in the course and scope of their duties unless those actions or inactions and any resulting damages (loss, costs, claims, litigation expense) are not taken within the course and scope or their duties or they arise from intentional and willful/wrongful acts. In general, Risk Trust coverage depends upon but is not limited to, conformity with the Presiding Judge’s oversight, Constable organization policies and procedures, mandatory training requirements, and adherence to applicable County policies, e.g., injury and illness reporting, vehicle and equipment use, budget procedures, human resources, facilities, financial practices, public records, procurement and technology. County polices are available via the County’s internet site MyMc. G. Risk Trust coverage for a constable who is not a current AZPOST certified peace officer and uses a firearm in the course and scope of their duties is only available under the following conditions. 1. A constable who is not a current AZPOST certified peace officer must meet the following minimum requirements: a. Complete an AZPOST approved Firearms Training class; b. Complete AZPOST approved classes on Use of Force, Laws of Arrest, and Arrest and Control Techniques; c. Pass a psychological examination/assessment; d. Possess a valid Arizona Concealed Weapon License; e. Successfully pass a background check. 2. A constable who possesses an AZPOST peace officer certification that is inactive at the time of their first time taking office fulfills the requirements of 1.a. through d. above. 3. Maricopa County reserves the right to waive the requirements listed in 1a. through d. above for out of state certified peace officers or AZPOST lapsed officers. Any such request for a waiver of these requirements must be submitted to and approved by the Maricopa County Board of Supervisors. 4. To maintain coverage, a Constable who carries a firearm in the course and scope of their duties must: a. Pass an AZPOST firearms qualification and target identification and judgment qualification yearly; b. Attend 16 hours of AZPOST approved training each year, pursuant to A.R.S. § 22- 137(E). H. The Board of Supervisors has authority to set salaries for the constables. Ariz. Const. art. XXII, § 17; A.R.S. § 11-424.01. In precincts with sixteen thousand or more registered voters, the law gives the Board discretion to set an annual salary of not less than $55,000 or more than $75,000. A.R.S. § 11- 424.01(C)(5). 1. At the regular June meeting of the Boards of Supervisors preceding a general election, the Board shall fix the salaries of constables to be elected for the four-year period commencing on the first day of the following January. A.R.S. § 11-424.01(A). 2. Consistent with this authority, when setting the Constables’ salaries the Board will consider the Constables’ conformity with the Presiding Judge’s oversight, Constable organization policies and procedures, mandatory training requirements, and adherence to applicable County policies, including the requirements for Risk Trust coverage. Policy Title: CONSTABLES ORGANIZATION Policy Number: A1511 Current Adoption Date: MM-DD-2024 Page 4 of 4 3. Conformity with Risk Trust coverage, including Section G of this Policy, is of paramount importance to the Board when setting Constable salaries. V. PROCEDURE A. Vehicles utilized by the Constables organization are procured, included in the County’s fleet, and serviced by the County’s Equipment Services Department. Drivers must adhere to A2310: Vehicle and Equipment Use policy. If a Constable declines a County vehicle, or no serviceable County vehicle is available and use their personal vehicle, the Constable will be reimbursed for mileage according to County Policy A2313 General Travel. B. For other reimbursable travel and training expenses, the Travel Authorization and Expense Report must be completed and sent to the Constable Administrator no later than 60 days after the expense occurred, otherwise reimbursement may be delayed. C. Constables are responsible for reporting all training. Copies of certificates of completion shall be forwarded to the CESTB within thirty days after completion. A.R.S § 22-137(E). D. Reporting Responsibility: Whether or not a Constable is AZPOST certified as a peace officer, when involved in a situation where police action is necessary, the Constable should contact the local police or sheriff’s dispatch. In the event a Constable is forced to take defensive action to protect their personal safety prior to local police or sheriff’s deputy on-scene, he or she is required to complete a written incident report within 48-hours. For any incident involving the use, or allegation of use, of a firearm: a. Local law enforcement shall be notified immediately by the Constable. b. An incident report with any supporting documents shall be submitted to the MCSO and Constable Administration within 24-hours. c. A copy of the report will be forwarded to the Director of Risk Management. d. MCSO will conduct an independent investigation of any incident involving use, or allegation of use, of a firearm by a Constable. i. The investigation may be independent of any other law enforcement agency. Revision History: Version Revision Date Description of Revision 1 3-23-2005 Initial version. (C-25-05-003-6-00) 2 3-21-2018 Updated to reflect the establishment of the Presiding Constable, Associate Presiding Constable, updated standardized log and filing procedures, and streamlined current language. (C-25-18-002-M-00) 3 MM-DD-2024 Updated to clarify the Board’s role and that the Constables are to have defined policies and procedures. (C-25-18-002-M-01)