encounter with a constable

[DaveM55]

Originally Posted by CZ40P

That does it ! Now I know I am going to run for Constable in 2009!

I may run myself.

VII. Constables
The constable is an independent local elected official. While constables are elected from units of local government, they are independent of any direction from them and carry out their duties according to the dictates of the laws under which they operate.1 The constable is an officer charged with conservation of the peace. Constables, having the status of independent contractors, are not employees of the Commonwealth, the judiciary, the municipality or the county in which they work.2 Although by statute, constables may serve process in some instances and the job is related to the courts, the office belongs to the executive branch of the government.

Constables are not answerable to the governing body of the municipality from which they are elected.3
Constables have been held to be related staff of the judicial system, officers whose functions aid the judicial process, but not personnel of the system entitled to costs of legal defense in matters relating to the conduct of their office.4

Election and Term of Office
Constables are elected from each ward in cities of the second class, second class A, third class, and boroughs divided into wards.5 One constable is elected in boroughs not divided into wards and in townships.6 An additional constable may be elected in first class townships.7 Constables are elected at the municipal election held in odd-numbered years to serve a term of six years.8

Qualifications
There are presently no qualifications for election to the office of constable. All constables, in order to be able to discharge the duties of office and collect fees, must be certified after completion of a training program. The Constables' Education and Training Board determines the content of the program. It must include a minimum of 80 hours of basic training and 40 hours of continuing education courses annually.9 To maintain certification, constables are required to furnish proof of professional liability insurance coverage. To carry and use firearms, constables must be certified under an approved firearms program.

Incompatible Offices
Constables are not allowed to serve as police officers in third class cities.10 They may not be school directors, 11 borough or township auditors12 or district justices.13 Constables cannot hold any federal office, except for military service.14 Although not declared incompatible by law, the Superior Court ruled that it was against public policy for a constable to carry on a business of private detective, and a detective's license was properly suspended during the constable's term of office.15

Vacancies
When a vacancy occurs for any reason, the court of common pleas appoints a suitable person to serve as
constable for the unexpired term upon petition of at least ten qualified voters.16 20

Removal from Office
The court of common pleas has the power to decree the removal of a constable from office because of intemperance or neglect of duty upon petition of the surety. The courts also have full power, on petition of any citizen or citizens, to inquire into the official conduct of any constable. If any constable is found to be unfit or incompetent to discharge their official duties the courts can decree removal from office and appoint a suitable person to fill the vacancy until the next election.17 Constables can also be removed from office for violating rules of court procedure.18

References
1. Rosenwald v. Barbieri, 462 A.2d 644, 501 Pa. 563, 1983.
2. In re Act 147 of 1990, 598 A.2d 985, 528 Pa. 460, 1991.
3. The Constables of Pennsylvania. A Critical Survey. Administrative Office of Pennsylvania Courts, 1976.
4. Rosenwald v. Barbieri, 462 A.2d 644, 501 Pa. 563, 1983.
5. 13 P.S. 1; 1889 P.L. 83, Section 1.
6. 13 P.S. 2; 1889 P.L. 6, Section 1.
7. 13 P.S. 3; 1911 P.L. 727, Section 1.
8. 13 P.S. 14; 1943 P.L. 637, Section 1.
9. 42 Pa.C.S. 2942(a); 1994 P.L. 265, No. 44.
10. 53 P.S. 37001; Third Class City Code, Section 2001.
11. 24 P.S. 3-322; Public School Code, Section 322.
12. 65 P.S. 6; l876 P.L. 179, Section 1.
13. 65 P.S. 17; 1955 P.L. 1382.
14. 65 P.S. 1; 1941 P.L. 231.
15. In re Stanley, 201 A.2d 287, 204 Pa.Super.29, 1964.
16. 13 P.S. 11; 1929 P. L. 32, Section 1.
17. 13 P.S. 31; 1841 P.L. 400, Section 14.

[bdinus]

my dad was just elected constable up in Karns City. He went through the training and is certified as a state constable, so he can operate anywhere in PA. He's served some papers and done some security work, which is really all a constable does. To avoid any confusion, he does all of his work in full uniform and shows his badge immediately. He figures it's safer to get it out in the open rather than risk confusion, and arouse suspision.

in the event that he were to be confronted, he (like most other constables and law enforcement officers) has the standard line of defense. Baton, pepper spray, taser, Glock 40. but I have serious doubts he'll ever use any of them. He just goes a little overboard when it comes to weaponry.

As far as fees, it's true that it costs $50 per visit, but that just gets tacked on to fees when they finally reach the person. You don't have to pay the constable directly. My dad just served a guy across the street from him for having trash all through the yard. 1st and 2nd time costs $50, 3rd time jumps to $300 with a call to PSP.

Good money if you can get it.