City of Jamestown, NY Chapter 14 Constables

[HISTORY: Adopted by the City Council of the City of Jamestown 9-15-2003. Amendments noted where applicable.]

GENERAL REFERENCES

Suspension or removal — See § C-14.

Defense and indemnification — See Ch. 15.

Appearance tickets — See Ch. 9.

Code of Ethics — See Ch. 21.

Police Department — See Ch. 65.

§ 14-1 Appointment and terms.

There shall be three City Constables for the City of Jamestown, who shall be appointed by the Mayor, subject to confirmation by the Council, for terms to run concurrently with the Mayor's term.

§ 14-2 Suspension or removal from office.

A City Constable may be suspended by the Mayor or removed from office upon the recommendation of the Mayor during his or her term. Proceedings for the suspension or removal of a City Constable shall be in accord with the provisions of § C-14 of the Charter of the City of Jamestown.

§ 14-3 Powers and duties; bond.

A. The powers, duties, liabilities, compensation and fees of the Constables provided for by this chapter shall be the same as those of constables of towns, and all provisions of law applicable to town constables and their sureties shall apply to said City Constables and their sureties.

B. In accordance with New York State Criminal Procedure Law § 2.1(1), a Constable is classified as a peace officer.

C. A City Constable shall not receive any compensation from the City of Jamestown. The City Constables shall be required to comply with New York State law in the assessment of fees. The only exception to the above is that the City Constable maintains the ability to determine whether the fees are payable in advance.

D. A City Constable shall execute a hold harmless agreement and provide to the City of Jamestown a bond or insurance policy in an amount of no less than $1,000,000 naming the City of Jamestown as an insured party and indemnifying the City of Jamestown from any liability with respect to any duties performed by the City Constable.

E. Failure to comply with any of the provisions of this chapter shall result in the immediate suspension and removal of the individual from the office of Constable. Said individual will not be eligible for reappointment until such time as the individual submits verification that he/she has complied with all the provisions contained herein.

§ 14-4 Training and accounting practices.

A. Pursuant to New York State Criminal Procedure Law § 2.3, an individual appointed to serve as a City Constable shall be required within one year after the appointment to successfully complete at least a thirty-five-hour peace officer training course and any other training prescribed by the municipal police training council. The cost of said training will be borne by the individual.

B. Failure to successfully complete the peace officer training within the first year following the appointment will result in the individual's immediate removal from the office of Constable. Such individual will not be eligible for reappointment to the office of Constable until such time as that individual submits proof of successful completion of peace officer training.

C. Additionally, an individual appointed to serve as Constable shall comply with additional training as required by the City of Jamestown throughout the term of the office. This training shall include, but not be limited to, accounting practices, which shall include maintenance of a separate bank account for purposes of collection, deposit and disbursement of all funds collected in such capacity.

D. Every Constable shall submit to the City Clerk/Treasurer on or before the 10th of each month a monthly report outlining the number of matters outstanding and an up-to-date accounting of each matter.

[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]

§ 14-5 Issuance of identification card.

A. A City Constable shall, within one week of confirmation of his or her appointment, report to the Chief of Police who shall thereafter issue such Constable a City photo identification card which shall be displayed by such Constable to all persons with whom the Constable conducts official business.

B. Under no circumstances shall an individual serving as a Constable subcontract or have another individual perform the official services of the office of Constable.

§ 14-6 Transition of accounts and funds.

A. Any individual who has previously served as a Constable of the City of Jamestown shall immediately render to the Corporation Counsel's office a full and complete accounting of all unsettled judgments, enforcement actions and income executions currently in his or her possession and shall immediately deposit with the Jamestown City Court all collected but undisbursed funds which may have been received in connection with income executions previously issued in his or her name as a City Constable. Any uncollected or unsatisfied judgments shall be turned over to current City Constables for enforcement by appropriate means including, but not limited to, income executions.

B. Current and future Constables shall be required to render the same accountings and deposits within 30 days after resignation or expiration of their term of office.

C. Upon receipt of the aforesaid accountings from former Constables, and upon resignation or expiration of the term of office of any current or future Constable, the Corporation Counsel's office shall cause to be mailed by certified mail to each judgment creditor and each judgment debtor's employer, a notice that no funds shall be deposited or remitted to the former Constable named on income executions or other enforcement orders in their possession, and that to preserve their priority, all funds to be paid thereunder shall be remitted directly to the Jamestown City Court in escrow until new income executions listing duly qualified and authorized collection officers have been issued as substitutes for the documents referring to the former Constable.