[Adopted 3-19-2007 by Ord. No. 07-145]
[Amended 2-25-2008 by Ord. No. 08-127]
A.
Appointment authority. The Mayor shall have the power to appoint,
subject to confirmation by the City Council, such number of constables
as may be deemed advisable.
B.
Term of appointment. The term of appointment shall be for three years.
Said appointment and any authority thereunder shall automatically
expire on the date of termination set in the appointment. Constables
seeking reappointment shall make a new application.
C.
Application.
(1)
Any person seeking to be appointed as constable shall make written
application therefor to the Mayor stating his reasons for desiring
such appointment and such other reasonable information as may reasonably
be required to determine the applicant's fitness to serve as
constable. At a minimum, the application should provide the following
information:
(a)
Name and address of applicant;
(b)
Name and address of current employer if any;
(c)
Names and addresses of former employers for the five years preceding
the date of application;
(d)
A statement as to the moral character of the applicant signed
by five citizens of Melrose, one of whom must be a duly licensed attorney
at law; and
(e)
The results of a criminal background (CORI) check on the applicant
or, for a time period ending on May 30, 2008, a report as to the character
and fitness of the applicant from the Chief of Police shall be accepted
in lieu of a (CORI) background check.
(2)
The Mayor or the City Council may seek additional information regarding
the applicant if necessary in their reasonable judgment in order to
determine the applicant's fitness for appointment to the office
of constable.
(3)
The application shall be accompanied by a nonrefundable fee in the
amount of $50.
(4)
The application for constable shall only be approved for those applicants
who are found, after a review of the above-referenced application
materials and information, to be a person of good repute and character
and qualified to hold said office.
(5)
Satisfactory completion of such training course or other requirements
as are from time to time found necessary and prescribed by the Mayor
for the effective performance of the duties of constable shall be
a prerequisite for appointment to the position of constable.
D.
Requirement of bond. The bond required in order to authorize the
service of civil process by constables shall be in the sum of $5,000
with an incorporated surety company.
E.
Fees remitted to the City.
(1)
Constables appointed under this article shall pay the City 25% of
all the fees collected for the service of civil process per MGL c.
41, § 95A.
(2)
Payments made under this section shall be deposited in to the general
fund.
(3)
On a quarterly basis, the Treasurer/Collector or Auditor shall provide
the City Council with an accounting of all fees collected under this
section.
(4)
Each constable shall file annually before April 15 an annual accounting
of fees collected for service of civil process per MGL c. 41, § 95B.
F.
Reporting requirements.
(1)
Constables appointed under this article shall keep a ledger of all
fees and other compensation earned directly or indirectly in the office
of constable, including but not limited to fees for service of process
and activities related to property seizure and debt collection.
(2)
Constables appointed under this article shall retain for a minimum
of three years all records of any seizures for which they received
compensation and shall make those records available for inspection
upon request of the Mayor, Chief of Police, or City Council.
(3)
Constables appointed under this article shall inform the Mayor and
the City Council of any civil or criminal action against them within
10 days of receiving notice of the same.
G.
Removal. The Mayor may, with the consent of the City Council, remove
a constable for gross misconduct. Gross misconduct shall include,
but not be limited to, the following:
(1)
Violation of any provision this article.
(2)
Threatening debtors with criminal sanctions.
(3)
Representing oneself to be a constable in any municipality without
a valid appointment.
(4)
Being found by a court of competent jurisdiction or similar authority
to have violated any state or federal unfair debt collection law or
regulation.
