[Adopted 7-17-1991 by Ord. No. 45-1991]
Any member of the Council may recommend, and City Council, by
resolution, may thereafter appoint, eligible persons to be Constables
pursuant to N.J.S.A. 40A:9-120 et seq., or its successor. At no time
shall the number of active Constables be less than two nor more than
50. The City Clerk's office shall maintain records regarding the names,
terms of office and number of existing Constables appointed by City
Council. Constables may exercise their functions and perform their
duties anywhere in Atlantic County.
A.
To be eligible, the persons to be appointed Constable shall have
been a resident and qualified voter of the City of Atlantic City for
at least the three years next preceding their appointment.
B.
Additionally, prior to being appointed or reappointed, every person
recommended for the office of Constable shall undergo a criminal history
background check to be conducted by the appropriate division of the
Atlantic City Police Department. A report of the findings of the Police
Department shall immediately be made to the Chairperson of the Police
Committee of the Council. Should such criminal background check reveal
a history of conviction of a crime or offense, such history shall
be reviewed by the Police Committee of the Council. Information concerning
the person's criminal history and a recommendation regarding appointment
or reappointment shall be made to the entire Council by the Police
Committee, within 10 days of the receipt of the report from the Police
Department and prior to the introduction of an appointing resolution.
C.
Any person appointed as a Constable prior to the passage of this
article and currently serving as a Constable shall within five days
of the effective date of this article, be notified, in writing, by
the City Clerk's office that he or she must submit to a criminal history
background check within 10 days of the date of such notice. When completed,
the results of said background check shall immediately be made available
to the Chairperson of the Police Committee of the City Council. Should
such criminal background check reveal a history of conviction of a
crime or offense, the same procedure utilized as a prerequisite to
appointment and reappointment shall be followed, except that the recommendation
to be made by the Police Committee and the action thereafter by the
entire Council shall be directed to whether such existing Constable
shall remain in office or be barred from exercising the rights and
privileges of the office.
D.
The cost of any and all criminal history background checks required
by this article shall be paid, in advance, by the person seeking to
be appointed as a Constable.
Every person recommended for the office of Constable shall qualify and meet the requirements of this article within 30 days of the appointment and shall hold office for a term of three years unless the City Council, by its resolution of appointment, shall fix a one-year term. The term of office shall begin upon being sworn in by the City Clerk pursuant to § 52-25 hereinafter.
On the date he or she is sworn in and annually thereafter, so
long as he or she shall hold office, every person holding the office
of Constable shall pay a fee of $50 to the City for the privilege
of holding said office. The City shall supply each Constable with
an official badge suitably inscribed, to be returned at the expiration
of the Constable's term.
Vacancies in the office of Constable other than by expiration
of term resulting from death, resignation or otherwise may be filled
for the unexpired term by the City Council.
A.
After being appointed or reappointed, but prior to entering upon
the duties of the office, every person appointed as a Constable shall
take, subscribe and file with the City Clerk the following oath: "I,
__________, Constable of the City of Atlantic City, State of New Jersey
do solemnly swear (or affirm) to support the Constitution of this
State and of the United States and to perform the duties of my office
as Constable, faithfully, impartially and justly to the best of my
ability."
B.
The oath shall be administered by the City Clerk or his designee,
who shall be any person authorized by law to administer oaths. Any
person who is currently serving as a Constable and who has heretofore
not been properly sworn as herein required shall be notified by the
City Clerk's office within five days of the effective date of this
article and within 10 days of the date of such notice shall be duly
sworn.
Every person appointed as a Constable, before entering upon the execution of his or her office and throughout the term of office, shall give and furnish a bond for the faithful performance of his or her duties in an amount of not less than $5,000, written by a reputable bonding company authorized to do business in New Jersey. The form and sufficiency of the bond shall be reviewed by the City Solicitor's office in light of this section and the purposes set forth in § 52-27 hereinafter. The bond shall be kept current and the original shall be filed in the office of the City Clerk. Any person who is currently serving as a Constable and who has not heretofore submitted a bond in conformance with this section shall be notified by the City Clerk's office, in writing, within five days of the effective date of this article and within 30 days of this said notice shall file the required bond in the office of the City Clerk, the form and sufficiency of which shall be reviewed by the City Solicitor's office.
If any person shall sustain a loss by the neglect or default
of any Constable in the discharge of his or her official duties, such
person shall have an action in the Superior Court on a Constable's
bond in the like manner as in the case of actions on a Sheriff's and
official's bond pursuant to Title 2A of the New Jersey Statutes Annotated.
This article shall become effective upon its final passage and
publication pursuant to law.
