2024_0501_A1511 REVISION DRAFT.DOCX

MARICOPA COUNTY INTERNAL POLICY
Policy Number:
A1511
Current Adoption Date:
MM-DD-2023
Policy Title:
CONSTABLES ORGANIZATION
Current Implementation Date:
MM-DD-2023
Board Agenda Number:
C-25-18-002-M-01
Approved by:
BOARD OF SUPERVISORS
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.

Policy Number:
A1511
Policy Title:
CONSTABLES ORGANIZATION
Current Adoption Date:
MM-DD-2023
Page 2 of 5
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. 
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 Number:
A1511
Policy Title:
CONSTABLES ORGANIZATION
Current Adoption Date:
MM-DD-2023
Page 3 of 5
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, non-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 MyMcMyMC.
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 Number:
A1511
Policy Title:
CONSTABLES ORGANIZATION
Current Adoption Date:
MM-DD-2023
Page 4 of 5
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)

Policy Number:
A1511
Policy Title:
CONSTABLES ORGANIZATION
Current Adoption Date:
MM-DD-2023
Page 5 of 5
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)