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MARICOPA COUNTY INTERNAL POLICY
Policy Title:
CONSTABLES PERSONAL SAFETY
TRAINING
Policy Number:
A2232
Current Adoption Date:
08-18-2021
Current Implementation Date:
08-18-2021
Approved by:
BOARD OF SUPERVISORS
Board Agenda Number:
C-25-22-007-X-00
Original Adoption Date:
7-2001
I. PURPOSE
This policy identifies three levels of training opportunities available to the Constables and Deputy
Constables of Maricopa County to enhance the safety of Constables and the general public while
serving the process of the Justice Courts.
II. 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.”
A.R.S. § 27-131(E): “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.”
Maricopa County Policy A2228 Prohibition of Weapons: “Deadly weapons are prohibited on any county
owned/leased facility 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(G)(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.
III. DEFINITIONS
A. Administrative Panel: The Administrative Panel shall be comprised of the Presiding Constable,
Associate Presiding Constable, and the Area Coordinators, all of which are voted in by a majority
of Maricopa County Constables and area Constables respectively.
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. Carrying: Possession or access to a firearm by the Constable or Deputy Constable.
Policy Title:
CONSTABLES PERSONAL SAFETY
TRAINING
Policy Number:
A2232
Current Adoption Date:
08-18-2021
Page 2 of 9
D. 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.” As such, Constables are peace officers in the performance of their
duties.
E. Deputy Constable: 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(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.”
F. 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; does not include a firearm in permanently inoperable condition.
G. Public establishment: Per A.R.S. § 13-3102(N)(2), “a structure, vehicle or craft that is owned,
leased, or operated by this state or a political subdivision of this state.”
H. Use of weapon: Includes drawing, brandishing, un-holstering, displaying, or discharging lethal or
defensive less-lethal weapons for other than training, cleaning, maintenance, or proper storage.
IV. POLICY
A. Introduction
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 (less-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 official duties. The Presiding Constable shall approve all
advanced training based upon successful completion of prerequisites. Disputed decisions
pertaining to this policy shall be heard by the Administrative Panel and decided upon by
majority vote thereof.
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 his or her official 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).
Policy Title:
CONSTABLES PERSONAL SAFETY
TRAINING
Policy Number:
A2232
Current Adoption Date:
08-18-2021
Page 3 of 9
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 and public safety in the performance of their statutory duties.
B. Constables Safety Training Program
Maricopa County provides three levels of training, available to all Constables who qualify.
Constables who successfully complete and maintain Level I and II training may carry certain
defensive (less-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 official duties. The Presiding Constable shall
approve all advanced training based upon successful completion of prerequisites. Disputed
decisions pertaining to this policy shall be heard by the Administrative Panel and decided upon by
majority vote thereof.
1. Minimum Qualifications
a. Level I Safety Training: There are no prerequisites and all Constables will be encouraged
to obtain this level of safety training.
b. 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.
c. Level III Safety Training: Constable must have successfully completed Level I training
and all prerequisites prior to being scheduled for Level III training.
2. Prior to attending Level III training, candidates shall meet the following minimum requirements:
a. The Constable shall have undergone a complete background investigation, which meets
the standards of section IV.B.3. 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.
b. The Constable shall not have been convicted of a felony or any offense that would be a
felony if committed in Arizona. The Constable shall not have been convicted of any offense
involving dishonesty, unlawful sexual conduct, physical violence, or domestic violence.
c. The Constable does not suffer from mental illness and has not been adjudicated mentally
incompetent or committed to a mental institution.
d. The Constable shall not have been denied a permit to carry a concealed weapon or had a
permit revoked by the State of Arizona.
e. The Constable is not under court order (i.e., order of protection, harassment, etc.) or has
active warrants or wants.
f.
The Constable shall have undergone and passed an approved drug screening test.
Policy Title:
CONSTABLES PERSONAL SAFETY
TRAINING
Policy Number:
A2232
Current Adoption Date:
08-18-2021
Page 4 of 9
g. The Constable shall have read the Code of Ethics (section IV.B.4) and affirmed by
signature his/her understanding and agreement to abide by the Code, if not completed
under Level II training.
3. Constables requesting to attend Level III training shall complete and submit to Constable
Administration 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. The Presiding Constable shall determine, based on established standards,
whether the Constable “Meets Standards” or “Does Not Meet Standards” prior to scheduling
Level III training. Disputed decisions pertaining to this policy shall be heard by the
Administrative Panel and decided upon by majority vote thereof. All information in the
questionnaire will be retained by Constable Administration. The background questionnaire shall
include the following:
a. Proof of United States citizenship. Copy of a birth certificate, United States passport, or
United States naturalization papers shall be acceptable proof.
b. Proof of education. Copy of a diploma, certificate, or transcript shall be acceptable proof.
c. Record of any military discharge. A copy of the Military Service Record Form (DD 214)
shall be acceptable proof.
d. Department of Transportation driving record.
e. Personal reference and previous employer inquiries.
f.
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.
g. Federal Bureau of Investigation and Department of Public Safety records. The applicant
shall have undergone a fingerprint check with these departments.
h. National and Arizona Criminal Information Center checks.
i.
Psychological fitness assessment conducted by a psychologist or psychiatrist designated
by the Presiding Constable or Designee taking into consideration candidates’ prior law
enforcement service and training records, if applicable.
4. 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:
a. "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.”
b. "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 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."
Policy Title:
CONSTABLES PERSONAL SAFETY
TRAINING
Policy Number:
A2232
Current Adoption Date:
08-18-2021
Page 5 of 9
C. Training Requirements:
1. Level I Safety Training. All Constables will be encouraged to obtain Level I Safety Training in
keeping with current MCSO and statutory training requirements.
Law & Legal
CPR & First Aid
Defensive Tactics I & II
2. Level II Safety Training (optional). Constables may carry certain less-lethal defensive weapons
[oleoresin capsicum spray (OC), Taser or police batons] in the performance of their official
duties only after successfully completing Level I training and the following, in keeping with
current MCSO and statutory training requirements:
Taser Certification
Baton Training
3. Level III Safety Training. Constables may carry a firearm in the performance of their official
duties only after successfully completing Level I training and the following, in keeping with
current MCSO and statutory training requirements:
Basic Firearms
Weapons Retention
Judgmental Shoot
Pass/Fail
4. All courses in Level I and II will be provided by MCSO or an approved AZPOST certified
instructor. Course and hour requirements may be amended 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. Costs not covered by MCSO will be for
rounds of ammunition, OC spray, Taser cartridges and drug testing. Level III Firearms
Academy will be provided by MCSO or Maricopa County approved AZPOST certified firearms
instructor(s).
5. Requirement waiver: Specific training requirements applicable to this policy may be waived
upon review and approval by the Presiding Constable supported by prior law enforcement
documentation from the sworn officer’s prior service:
i.
The Constable successfully completes a comprehensive examination measuring
comprehension of the basic course. The examination shall be approved by the MCSO
and include a written test and practical demonstrations of proficiency in firearms, first
aid, and defensive tactics.
6. 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.
a. The curriculum in this proficiency training shall cover one or a combination of the following
topic areas:
i.
Defensive Tactics
Policy Title:
CONSTABLES PERSONAL SAFETY
TRAINING
Policy Number:
A2232
Current Adoption Date:
08-18-2021
Page 6 of 9
ii.
Firearms Safety (not firearms re-certification)
iii. Emergency First Care
iv. CPR
(Continued training can be applied toward Constables statutory training requirements in A.R.S.
§§ 22-131(B) & 22-137(E))
b. Requalification Requirements:
i.
Level II: A Constable who has successfully completed Level II training and who carries
a less-lethal defensive weapon in performance of official duties shall successfully
complete a refresher course every three years following the receipt of initial training.
ii.
Level III: A Constable with Level III training and who carries a firearm in performance
of official duties shall re-qualify each calendar year through MCSO or Maricopa County
approved AZPOST certified firearms instructor within the year following the receipt of
initial training.
c. Failure to qualify or failure to pass a judgmental shoot will require the Constable to
successfully complete remediation training before being allowed to continue to carry a
firearm.
7. 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 22-137(E): Copies of certificates of completion of the Constable
training shall be forwarded to the Constable ethics standards and training board within thirty
days after completion.
D. Failure to Meet Standards:
1. Upon receipt of information that grounds exist for denial, cancellation, suspension, or
revocation, the MCSO, the 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.
2. Failure to complete or pass Constable Safety Training: Constables who fail to successfully
complete or pass Level II training shall not carry certain less-lethal defensive weapons in the
performance of official duties. Constables who fail to successfully complete or pass Level III
training shall not carry a firearm while in the performance of official duties.
a. Approved Lethal and Less-lethal Defensive Weapons and associated hardware.
Constables who have successfully completed Level II or III training will comply with all
applicable sections of current MCSO Firearms Policy Approved Weapons List.
Constables who have successfully completed Level II or III training will utilize only lethal
and less-lethal defensive weapons that are approved in MCSO Authorized Weapons
Policy. Constables will be responsible for keeping firearms maintained in a factory condition
Policy Title:
CONSTABLES PERSONAL SAFETY
TRAINING
Policy Number:
A2232
Current Adoption Date:
08-18-2021
Page 7 of 9
and subject to inspection by the MCSO or Maricopa County approved AZPOST certified
firearms instructor. Purchase, maintenance, and repair of a firearm will be the responsibility
of the Constable and will not be reimbursed by Maricopa County.
b. Grounds for Denial, Revocation, Suspension, and Cancellation
The following constitute grounds for denial, revocation, suspension, or cancellation, as
determined by MCSO, Maricopa County Board of Supervisors or County Administrative
Officer.
i.
Willful falsification of information to obtain Level III training, or failure to meet
minimum requirements prior to obtaining Level III training
ii.
Background investigation of the Constable determines “does not meet standards”
prior to receipt of training
iii.
Failure to maintain Level III minimum qualifications after completion of training
iv.
A physical or mental disability which substantially impairs the Constable’s ability to
responsibly carry a firearm
v.
A violation of a state law or applicable county policies related to Constable duties
and responsibilities
vi.
Addiction to or the unlawful use of narcotics or drugs
vii.
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
viii.
The commission of a felony, or an offense which would be a felony if committed in
this state
ix.
The commission of any offense involving dishonesty, unlawful sexual conduct,
physical violence, or domestic violence
x.
Violation of A.R.S. § 13-3112, concealed weapons permit, or statutes governing
firearms, lethal, and less-lethal weapons
xi.
Malfeasance, misfeasance, or nonfeasance in office
xii.
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
xiii.
Discharge of a firearm by a Constable in violation of any municipal, county, or state
law, regulation or policy
xiv.
Drawing of a firearm or use of a less-lethal defensive weapon in violation of any
municipal, county, or state law, regulation, or policy
xv.
Failure to comply with section E Reporting Responsibilities
Policy Title:
CONSTABLES PERSONAL SAFETY
TRAINING
Policy Number:
A2232
Current Adoption Date:
08-18-2021
Page 8 of 9
xvi.
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 of satisfaction by Maricopa County approved
AZPOST certified firearms instructor.
E. Reporting Responsibility:
Whether or not a Constable is AZPOST certified as a peace officer, when involved in a situation
where police action is necessary, he or she 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, he or she is required to complete a written incident
report.
1. Level I: Any incident where a Constable felt his or her personal safety at risk. Incident report
must be forwarded to Constable Administration within 48 hours. Incident reports will be
maintained on file and used to document Constable actions.
2. Level II: For any incident involving the use of less-lethal defensive weapon (i.e. OC spray,
expandable baton, Taser):
a. The Constable shall notify local law enforcement.
b. An incident report with any available supporting documents (police/medical treatment
report) shall be forwarded to Constable Administration within forty-eight hours. A copy of
the report will be forwarded to the Director of Risk Management
3. Level III: 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 twenty-four hours. A copy of the report will be forwarded
to the Director of Risk Management
c. The 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 official duties.
4. On an as needed basis, Constable Administration, the Presiding Constable and the Director of
Risk Management may meet to discuss Level III incidents.
F. 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 consequences:
1. Referred to law enforcement agency for weapons misconduct (A.R.S. § 13-3102 or violation of
other law
2. Written report to the Constable Ethics Committee (A.R.S. § 22-137)
3. Sanctions by the Board of Supervisors and/or County Administration
Policy Title:
CONSTABLES PERSONAL SAFETY
TRAINING
Policy Number:
A2232
Current Adoption Date:
08-18-2021
Page 9 of 9
4. Written report to the Presiding Judge of the Superior Court in the county (A.R.S. § 22-131(A))
5. Risk of personal liability for consequences resulting from use of a firearm contrary to Maricopa
County Policy.
Revision History
Version
Revision Date
Description of Revision
1
07-2001
Initial version
2
01-29-2014
Removal of paragraph referencing rescinded County Policy A2007, Internal
Information Requests. (C-20-14-024-6-00)
3
08-18-2021
Update statutory language ARS 22-131(E); deleted non-statutory
requirement of documenting training to reflect update to ARS 22-137(E);
updated language and formatting. (C-25-22-007-X-00)