|
REFERENCE TITLE: constables; appointment; training |
|
State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
|
|
HB 2124 |
|
|
|
Introduced by Representatives Dial, Cardenas
|
AN ACT
amending sections 22‑136 and 22‑137, Arizona Revised Statutes; relating to constables.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 22-136, Arizona Revised Statutes, is amended to read:
22-136. Constable ethics standards and training board
A. A constable ethics standards and training board is established consisting of the following voting members:
1. Two constables from counties with a population of less than one million persons who are appointed by the AN Arizona Constables association of counties that represents a majority of constables in this state.
2. Two constables from counties with a population of one million or more persons who are appointed by the AN Arizona Constables association of counties that represents a majority of constables in this state.
3. One justice of the peace who is appointed by the chief justice of the supreme court.
4. One county administrator or designee who is appointed by the a county supervisors association.
5. One sheriff who is appointed by the governor.
6. One member of the public who is appointed by the governor.
7. One member who is a board member of the an Arizona multihousing association at the time of appointment and who is appointed by the governor.
B. The board shall annually elect a chairperson, vice‑chairperson and secretary from among its members. The chairperson may establish committees to assist and advise the board in carrying out its responsibilities. A majority of the board constitutes a quorum and a majority vote of the quorum is necessary for the board to take any action.
C. Terms of the board members are four years. If a member ceases to hold the position that qualified the member for the appointment, the member's membership terminates and the appointing authority pursuant to subsection A fills the vacancy for the unexpired term.
D. Members of the board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
Sec. 2. Section 22-137, Arizona Revised Statutes, is amended to read:
22-137. Constable ethics standards and training board; powers and duties; constable training
A. The constable ethics standards and training board shall:
1. Adopt rules for the administration and conduct of the board, including meeting times, meeting places and matters to be placed on the agenda of each meeting, and for the distribution of monies in the constable ethics standards and training fund pursuant to section 22‑138.
2. Adopt a code of conduct for constables and adopt rules to enforce the code of conduct.
3. Establish procedures for conducting confidential investigations and holding hearings.
4. Hear and investigate written complaints from any person involving a constable's ethical conduct.
5. Remedy a constable's inappropriate behavior by:
(a) Mediating.
(b) Issuing warnings, reprimands or admonishments.
(c) Instructing constables to take a particular action or to take educational classes.
(d) Urging a constable to retire from office.
B. The board may:
1. Employ an executive director and other staff necessary to fulfill the powers and duties of the board.
2. Enter into contracts and interagency agreements to carry out its powers and duties.
3. Certify organizations to provide training and support programs for constables.
4. Provide support grants to constables for local or statewide training programs.
5. Take and hear evidence, administer oaths and affirmations and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents and other information relating to any investigation or hearing.
C. If the board is not satisfied with the remedies prescribed in subsection A, paragraph 5 of this section, the board shall submit a report to the county attorney's office in the county in which the conduct at issue occurred.
D. The Arizona peace officer standards and training board shall approve a mandatory basic training course for newly elected constables covering topics including civil and criminal process, conflict resolution and firearm safety. Constables must attend the mandatory training course within six months after election. In subsequent years, constables must annually attend at least sixteen hours of additional training approved by the Arizona peace officer standards and training board. The constable ethics standards and training fund established by section 22‑138 may be used for constable training. 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 the end of the calendar year IN WHICH the training was completed.
E. This section does not create a cause of action or a right to bring an action against the board.
Sec. 3. Constable ethics standards and training board; members; term
A member of the constable ethics standards and training board who was appointed pursuant to section 22-136, subsection A, paragraph 1 or 2, Arizona Revised Statutes, before the effective date of this act may continue to serve in that position for the remainder of the member's term.