Constable

[nhibbard]

I was reading the town report and wondered about the number of dog bites that occurred. I don't see any numbers but wondered just how man there were. I know there was a good amount of burglaries during the year.

What kind of tickets can this position give out? Maybe this would be a good way to slow down some traffic around the school. I know some people like to be speedy on Hunt and School streets after school.

[mkr]

Nick when using services of the Constable he charges you...

[Stand Alone Defense]

Gonna be hard to get a certified police officer to work for 12 bucks an hour..... Pete King does the job now and he is a certified LEO, but if an officer wants to make extra cash he will either work OT or part time for another department.  Working as a paid nothing constable is a last choice I would think.  I believe the only reason Pete took over after me was because he was asked to by the town.  With the new training requirements set by the VCJTC for constables, I honestly see the position disappearing.  To bad because a lot of small towns (especially in southern VT) relied on the position as extra law enforcement coverage besides the State Police.  The training requirements I think are about to be changed again so now all persons will have to attend the 16 week academy even to work as a Constable.

[nhibbard]

What kind of enforcement can a constable do? I could see it being great for events and such but I'm just not familiar with what the Town has actually tasked our constable to do. If they charge for services, where are these charges posted?

I can understand needing training but the academy seems overkill depending on what you're asking of your local. I know that State and Sheriff keep records but what kind of records does the Constable need to keep and where?

[mkr]

Great questions Nick! I know we were going to be charged if he did traffic control fit a race. So I did it instead.

[nhibbard]

I'm fine with charging, but it's one of those things where there's little information online specific to this position and our town.

[Stand Alone Defense]

A Constable with training, can be a fully functioning LEO.  It used to be that if the town did not vote to restrict a constables authority he/she had full law enforcement authority with in the town.  Think of it basically as a town sheriff.  Now in all honesty there shouldn't even be a town constable position it should just be called "animal control officer".  That is the only authority (if you call it that) they have. 

See Below






What authority do constables have and what training do they need to exercise their authority?

All constables, whether full- or part-time, first or second constable, appointed or elected, have powers specifically enumerated in 24 V.S.A. § 1936a (b).  These include the power to serve civil or criminal process (12 V.S.A. § 691), destroy animals (20 V.S.A. Chapter 193), kill injured deer (10 V.S.A. § 4749), assist the health officer in the discharge of his or her duties (18 V.S.A. § 617), serve as a district court officer (4 V.S.A. § 296), remove disorderly people from town meeting (17 V.S.A. § 2659), and collect taxes when no tax collector is elected (24 V.S.A. § 1529).  Any additional authority constables have is determined by the municipality they serve.  For instance, municipalities, through their selectboards, may direct their constables to enforce civil ordinances.  Selectboards may also direct their constables to enforce criminal ordinances if their constables have law enforcement authority.  See below for law enforcement authority prerequisites.

Additionally, municipalities may vote at special or annual town meetings to prohibit constables from exercising any law enforcement authority whatsoever.  Please note that, effective July 1, 2012, elected constables are no longer exempt from the training requirements that apply to appointed constables. The Vermont Criminal Justice Training Council is statutorily charged with adopting rules and regulations governing law enforcement officer training requirements.  Constables who exercise law enforcement powers are considered “law enforcement officers” and cannot exercise those powers before completing the basic training requirements prescribed by the Council.

Under these rules, full-time constables (those employed for more than 32 hours per week and more than 25 weeks per year) must satisfactorily complete a minimum of 550 hours of training within six months of their date of appointment before exercising full law enforcement powers.  Part-time constables must satisfactorily complete a minimum of 58 hours of classroom instruction in order to receive a provisional 12-month certification.  This certificate allows part-time constables to exercise law enforcement powers, but only under the direct supervision and control of fully certified law enforcement officers.  In order to exercise full law enforcement authority, part-time constables must complete an additional 110 hours of training during a 12-month period.  Constables, whether full- or part-time, cannot exercise their law enforcement powers on a piecemeal basis subject to the satisfactory completion of only a portion of their training.  Vermont Criminal Justice Training Council Rules and Regulations here.  See Rules 22, 23, 31.

As a reminder, constables with full law enforcement authority have the power of search, seizure and arrest within the municipality.  Generally, the only difference between constables with full law enforcement authority and other law enforcement officers is that their jurisdiction is limited to the boundaries of the municipality they serve.

- Garrett Baxter, Associate, VLCT Municipal Assistance Center

[nhibbard]

Amazing. That's a crazy amount of annual training for the position. I wonder if you have to pay more insurance if you authorize more authority. Can a Selectboard member also be a constable? I can't see that really being a conflict but that would make for an interesting Town Meeting with the authority to remove a disorderly person. It would be kind of nice to have someone in town to handle issues.  I can see why you'd sub out the tasks though, especially with those requirements.

[trussell]

Nick, I looked into the insurance issue in 2004 and through the VT League of Cities and Towns, the Constable was covered under the town's $2,000,000 liability policy- which is probably fine for "typical" Constable duties but probably nowhere near enough in the event of a wrongful-death lawsuit or other worst-case scenario.

[Stand Alone Defense]

Nick, I looked into the insurance issue in 2004 and through the VT League of Cities and Towns, the Constable was covered under the town's $2,000,000 liability policy- which is probably fine for "typical" Constable duties but probably nowhere near enough in the event of a wrongful-death lawsuit or other worst-case scenario.

I don't really see the need of having more then that Trevor, I actually have a 1 Million dollar policy for myself now.  That is all my employer recomends you have to cover yourself, then again my employer is known to be wrong from time to time LOL.

[nhibbard]

I guess it depends how bad things go and who the offended were. A full fledged constable probably could be in a scenario that might involve lifetime income of the offended.