FIRST and SECOND JOHNSON CONSTABLES Job Description
1. The first and second constables are independent from each other; neither acts as the supervisor of the other.
2. As per authority granted by the voters at March Town Meeting 1996; First and Second constables will be appointed by the Board of Selectmen (as per 17V.S.A. 2646(7) & 2651a); and whereupon serve by the will of the Board of Selectmen.
3.A constable may be removed for cause by the Board of Selectmen after notice is given to the constable and a hearing is held by the Board, as per 17V.S.A. 2651a.
4.A constable will act only when authorized by a specific statute; and within the authority granted by the Board of Selectmen.
5. A constable's term of office is for one year unless the town votes for a two year term, as per 17 V.S.A 2646.
6. A constable must take an oath, administered by the justice of the peace (24V.S.A. 831) and must be bonded prior to embarking on his/her duties. The amount of the bond is set by the Board of Selectmen.
7.A constables jurisdiction is limited to the boundaries of the Town.
8. Law enforcement authority (power of search, seizure and arrest as per 24V.S.A. 1931) can not be granted by the Board of Selectmen; and can not be performed by (appointed) constables with out completion of training courses offered by the Criminal Justice Training Council (Police Academy) or another institution as per 24V.S.A. 1936a.
9. A constable will require Board of Selectmen approval prior to enrollment into Law Enforcement courses offered by the Criminal Justice Training Council (Police Academy) or another institution.
10. A constable who completes required Law Enforcement courses with Board of Selectmen blessing, will require Board of Selectmen approval to perform such authority as per 24V.S.A. 1936a.
11. A constable may charge fees as prescribed in 32V.S.A.1591. A salary if any will be set by the Board of Selectmen unless otherwise voted at Town meeting as per 24V.S.A. 932.
12. Board of Selectmen may set a line item budget for Office of Constable, however no moneys may be expended by a constable without approval of the Board of Selectmen.
THE POWERS and DUTIES:
1. The constables are authorized by the Board of Selectmen to enforce Town Ordinances: Dog Control.
a. See attached DOG Control Ordinances.
2. A constable may serve civil and criminal process including complaints, summonses, subpoenas, writs and restraining orders, in all civil actions and in criminal process for lawbreaking as per 12V.S.A. 691, 693. No constable is allowed to serve writs in cases in which he or she has a personal and/or financial interests in the debt involved as per 12V.S.A. 694.
3. A constable in the event of a state and/or national emergency may be employed by the governor as per 20V.S.A. 2221.
4. A constable is authorized to collect delinquent taxes when ordered to do so by the tax collector, by seizing and selling the delinquent taxpayer's property by legal process as per 32V.S.A. 5139.
5. First constable will become tax collector if no specific officer by that title is elected at town meeting as per 24V.S.A. 1529.
6. A constable when appointed by district court may serve as a court officer as per 4V.S.A 446.
7. A constable is authorized to destroy unlicensed animals, following the requirements of 20V.S.A. 3621-3623, and may kill an injured deer in accordance with 10V.S.A. 4749.
c. A constable issued a warrant must humanely destroy the animals identified in the warrant and properly dispose of the animal's remains.
d. A constable must file a return directed to the Board of Selectmen within 90 days of the issuance of the warrant as per 20V.S.A. 3625.
e. A constable issued a warrant by the Board of Selectmen for seizure, may apply to the court for a search warrant as per 20V.S.A. 3551 when an animal is in custody of its owner or keeper, and not permitted by the owner to do so.
8. A constable may assist the health officer in the discharge of his/her duties as per 18V.S.A. 617.
9. A constable may be called upon by the moderator during a Town Meeting to remove a particularly obstreperous person who is disturbing the meeting as per 17V.S.A. 2659.
10. A constable will act as Agent to Prosecute on behalf of the Town, representing the town, before any court or competent jurisdiction, while performing duties assigned to them by the SelectBoard or by Statue. A constable may seek assistance and guidance from the Town legal counsel after consulting with at least one member of the Selectboard.
SEPARABILITY: If any section, subsection, sentence, clause, phrase, or portion of this: Job Descriptions; Powers and Duties; is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
12. CONSTABLE JOB DESCRIPTIONS REPEALED: All constable job descriptions; Powers and Duties; and parts of, in conflict with the provisions of this Job Description are hereby repealed.
Effective date and Approval of Johnson Constable Job Descriptions; Powers and Duties ________ ____ , 1998.
Board Of Selectmen