City of Haverhill, MA Constables

[Amended 5-21-2024 by Doc. 2-OO]

Appointments. Pursuant to M.G.L. c. 41, § 91, the mayor may appoint constables in such numbers as the Mayor shall deem necessary or convenient for the general welfare of the City. Such appointments shall be made for a term not exceeding three years and qualified City residents will be given preference for constable appointments. Appointments of constables shall specify in each case whether the appointment is for a position connected with the City or County service to serve without bond, or for the service of civil process upon the filing of the bond required by law. City employees who are appointed in connection with City or County service shall be removed from such office immediately upon the termination of employment with the City or County, but shall not be prohibited from applying as a civil process server.

Processing fee. An application for appointment as Constable shall be accompanied by a fee of $200 for each year of the appointment payable to the City of Haverhill to cover costs of processing. This fee shall not apply to Haverhill Auxiliary Police, police officers of other communities who accept private detail work for the Haverhill Police Department or City employees who are appointed Constable as part of their City job.

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, approved by the City Treasurer as surety thereon, and only such surety shall hereafter be accepted by the City on said bonds.

Deposit with City Treasurer. Pursuant to M.G.L. c. 41, § 95A, constables must deposit with the City Treasurer 25% of the fees collected by them during the preceding months for the service of civil process under the fee structure established by M.G.L. c. 262, § 8. This deposit must be made no later than January 15, April 15, July 15 and October 15.

Annual accounting. Constables, on or before April 15, shall annually file with the City Treasurer an itemized account of all fees and monies received for the service of civil process.

Qualifications. Applicants for constable must be at least 21 years of age and submit a written resume and completed application to the Mayor containing such information required by the City for use in determining the fitness, reputation and character of the applicant to hold the office of constable. Satisfactory completion of such training course or other requirements found necessary and prescribed by the Mayor, and as required by state law, for the effective performance of the duties of constable shall be a prerequisite for appointment to the position of constable and proof of appropriate training and/or experience shall be required as a part of this determination. All applicants for appointment or reappointment as constable shall, as part of the application, consent in writing to a background investigation and a Criminal Offender Record Information (CORI) report. All applicants for appointment or reappointment shall also be subject to a fingerprint-based criminal record background check, at the expense of the applicant. These application materials shall be forwarded to the Chief of Police who shall conduct an investigation and make a recommendation to the Mayor as to the individual's fitness to serve as a constable. Pursuant to M.G.L., c. 41, § 91B, the application shall include a statement as to the moral character of the applicant signed by a minimum of five citizens of the community in which he/she resides, one of whom must be an attorney. Once appointed, a constable shall receive a photo identification badge issued by the police department.

A law enforcement officer, which includes a constable executing an arrest for any reason, must complete training required pursuant to 550 CMR 3.00.

Orders of the Chief of Police. Constables appointed pursuant to this ordinance shall be subject at all times to orders issued by the Chief of Police. No constable appointed by the City shall wear a uniform similar to that of the appointed officers of the City's police department, or to that of any other appointed police officers within the Commonwealth, or otherwise attempt to present themselves as an appointed police officer. A constable who possesses a valid license to carry a firearm shall comply with all laws and regulations governing the use and possession of firearms.

Removal. The Mayor may, with the approval of the City Council, revoke the appointment of a constable for gross misconduct. Gross misconduct shall include, but not be limited to: 1) failure to follow orders of the Chief of Police orders; 2) violation of state law or City guidelines and procedures governing constables; 3) violation of any provision of this section; and 4) criminal acts in violation of the laws of the United States or any local jurisdiction.