City of Melrose, MA Article VIII Constables

[Adopted 3-19-2007 by Ord. No. 07-145]

§ 56-43 Qualification, appointment and regulation.

[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.