State Constables, the best kept secret in PA.

[sprat]

i read through the web-site provided above I didn't see where it say's one had to be a Pa resident. did I miss something ( that happens sometimes ) and can a non-resident be appointed by a constable?

sprat

[QuincyTwpConstable]

i read through the web-site provided above I didn't see where it say's one had to be a Pa resident. did I miss something ( that happens sometimes ) and can a non-resident be appointed by a constable?

sprat

You do need to be a PA resident, as well as a resident of the jurisdiction in which you seek election / appointment.

[pex]

You do need to be a PA resident, as well as a resident of the jurisdiction in which you seek election / appointment.

You need to qualify that.

I was just reading about constables today in PA law and through other documents created by PA. No such qualifications are listed.

Look at Purdon's Statutes Title 13 "CONSTABLES" and http://www.newpa.com/download.aspx?id=39.

Also, in mentioning 'jurisdiction', you should also qualify that too...does that just mean county, or the actual ward, borough, or township where one resides?

Anyway, any supporting notation would be helpful.

[pennsylvania_programmer]

I didn't even know about these guys until the other day, and then today someone sent me this link:
http://www.nbc10.com/news/15969348/detail.html

[sprat]

Pex

thats the way I read the qualifications, in fact it even went as far as to state corporations can hold constables postions. sounds interesting
thanks for the up-date
quincy constable doesn't want any competition from outsiders I guess since he has not responded with any infor to countered the residency qualifications
again interesting
thanks for the info

sprat

[QuincyTwpConstable]

Funny guy.

I do have a life and keeping current on the boards is not my top priority.

"Jurisdiction" for this purpose is township / borough / ward. Check with your local elections officials if you don't know which one you're in or if the office is currently occupied. In my case, I reside in the township for which I have been elected Constable. I may do work for judges serving other municipalities within the county and to a lesser extent, throughout the Commonwealth, but I am required to have residence in the location where elected/appointed.

If my township had a Constable already and a neighboring one did not, I could not apply for appointment for the vacant office due to the residence requirement. Get it?

Most Constables come up for reelection in November 2009. The people at your county elections office can get you whatever process information, forms, etc, you need to proceed further.


Since this is an elected position, I don't see how a corporation could hold the office; however, the Commonwealth does encourage us to setup that way after election for business reasons. I don't know if the compliance rate with that suggestion is known by anyone though.

[djturnz]

I don't know where you heard that a corporation can hold the position.

Once elected, you are considered "self employed" for tax purposes. Many Constables will form an LLC or Corp to "own" their equipment. This helps with getting business insurance for your transport vehicle. Also, the LLC gives some aspect of liability protection.

I read of one constable that registered his vehicle under his LLC, named "******* County Constable". This way if a police officer would run his plates, they would know who he was. The situation mentioned was that the constable had been sitting on a house waiting for his "warrant" to come home and someone reported a suspicious vehicle and gave the tag number.

The police came to investigate and "blew his cover".


As I understand it, a single person can hold the office, but they can run it with an LLC or Corp.

[pex]

"Jurisdiction" for this purpose is township / borough / ward. Check with your local elections officials if you don't know which one you're in or if the office is currently occupied. In my case, I reside in the township for which I have been elected Constable. I may do work for judges serving other municipalities within the county and to a lesser extent, throughout the Commonwealth, but I am required to have residence in the location where elected/appointed.

If my township had a Constable already and a neighboring one did not, I could not apply for appointment for the vacant office due to the residence requirement. Get it?

It's not about being funny (or even about my health). It's about this:

As a natural born citizen, the law says I can kill Constables on sight.

Will you take my word on that, or ask me to cite (possibly readily available) statute and/or case law (or any other supporting evidence) to this fact?

In my readings, which include Purdon's Statutes at WestLaw, which I would consider to be the most up to date free body of PA statutes online, and publication "Elective Office in Local Government", provided by our government (PA Department of Community and Economic Development) , I have not found any suggestion that being a resident of a borough, township, or ward is required to be elected to that jurisdiction as constable.

To wit:

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.

13 P.S. § 1

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 13 P.S. Constables (Refs & Annos)

Chapter 1. Election, Appointment and Qualifications of Constables (Refs & Annos)

>>§ 1. Election; cities of second and third classes



The qualified voters of each ward in cities of the second and third classes shall, on the third Tuesday of February next, and triennially thereafter, elect a properly qualified person for constable in each of said wards, who shall serve for three years. Whenever a constable shall be appointed by the court, as provided by existing laws, the constable so appointed shall serve for the unexpired term.

13 P.S. § 2

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness
Title 13 P.S. Constables (Refs & Annos)

Chapter 1. Election, Appointment and Qualifications of Constables (Refs & Annos)

>>§ 2. Election in boroughs and townships; term



The qualified voters of every borough and township, and, where a borough is divided into wards, of every ward in the commonwealth of Pennsylvania, shall, on the third Tuesday of February, Anno Domini, one thousand eight hundred and ninety-six, and triennially thereafter, vote for and elect a properly qualified person for constable in each of said districts, and a properly qualified person for high constable in each of said boroughs, and the person so elected shall serve for three years.

>>§ 6. Appointment by court; qualification



The court to which a return as aforesaid shall be made, shall appoint one of the persons returned to be constable of the township for the term of one year from the date of his appointment and until a successor shall be duly appointed, if it shall appear to the satisfaction of the court that he possesses a freehold estate in his own right, clear of all encumbrances, of the value of at least one thousand dollars, or if he does not possess such freehold estate, he shall give bond with at least one sufficient surety, to be approved of by the court, in the sum and manner hereinafter directed: Provided, That the court shall in all cases give a preference in such appointment to the person highest on the return, if he be a freeholder as aforesaid or offers to give security as hereinbefore provided.

>>§ 12. Appointment in case of vacancy in township



If the electors of any township shall fail to elect two persons for the said office, or if both of the persons returned should be incompetent with respect to estate or unable to give the requisite security, or should refuse to take upon themselves the said office, or in the event of a vacancy in the office, by death or otherwise, it shall be the duty of the said court to appoint some other respectable person possessing a freehold estate of the value aforesaid, or who shall give the security required, to serve as constable until the next annual election and until a successor be duly appointed.

>>§ 11. Appointment in case of vacancy in cities, boroughs, wards, etc.



Whenever a vacancy may occur in the office of constable in any borough, town, ward of any city, borough, or town or township in said Commonwealth by reason of failure to elect, failure to qualify, incompetency, death, resignation, removal, or for any other cause, it shall be the duty of the court of quarter sessions of the peace of the county in which such borough, city, ward, or township may lie, upon petition of not less than ten qualified electors residing in such borough, city, ward, or township to appoint a suitable person, who, upon being qualified as required by law, shall serve as the constable thereof for the unexpired term so vacant.

Contrast the requirements for constable with that of a constable-appointed deputy-constable:

§ 21. Deputy constables; appointment and eligibility



On and after the passage of this act, the sole power to appoint a deputy constable, or constables, in any ward, borough, or township, shall be vested in the constable of such ward, borough, or township, subject to the approval of the court of quarter sessions as provided by law; and that no person shall be appointed as a deputy constable unless he shall be, at the time of his appointment, a bona fide resident of the ward, borough, or township for which he shall have been appointed, and shall continue to be a bona fide resident for the time during which such appointment is made.

If you are telling us that one must be a resident (and/or registered voter) of the borough, township, or ward to which he will be elected, you need to point out the statute, case law, or anecdotes of de facto restriction.

[gnbrotz]

Will you take my word on that, or ask me to cite (possibly readily available) statute and/or case law (or any other supporting evidence) to this fact?

I'll bite. Cite please.

[pex]

I'll bite. Cite please.

Instead of providing a citation, I'm just going to repeat what I said the first time.

The law says a natural born person can kill Constables on sight.

Does it feel any more true?