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