|
A constable is an
elected or appointed officer of a municipality whose
duties are similar to those of a sheriff,
though the powers are less.
-
Preserve the peace specifically at the polls
during Primary and General Elections.
-
Perform judicial duties to serve writs,
warrants, bail pieces, etc.
For more on
Constables please visit the
Pennsylvania Commission on
Crime and Delinquency (PCCD) website.
For a listing of Constables searchable by
name, county, etc. please visit the
PCCD database.
Constables are
elected at the municipal and/or precinct level to
six-year terms. Constable elections were held in
2009 during the Primary and General municipal
elections. The next constable elections will take
place in 2015.
In the event
no candidates seek election to constable a qualified
elector of that municipality/precinct may seek
appointment by the President Judge by circulating a
petition and collecting a minimum of ten signatures
of voters registered within the
municipality/precinct they reside. Vacated offices
are filled by court appointed constable until the
next regularly scheduled constable election to
include a full six year term if necessary.
PETITION FOR APPOINTMENT OF CONSTABLE (Adobe Reader
Required)
Deputy
Constables are appointed by the elected constable
and must be residents of the municipality and/or
precinct of the appointing constable.
GENERAL DUTY DEPUTY
APPOINTMENT PETITION
(Adobe
Reader Required)
What is
the process?
1)
A petition for appointment of constable is
presented to the President Judge.
2)
The York County Director of Elections and
Voter Registration verifies that a vacancy does
exist and that the petitioner is a qualified,
registered elector in the municipality/precinct they
seek appointment.
3)
The President Judge signs a final order
appointing or denying the petition. The orders will
indicate a bond to be filed if the petition is
approved.
4)
Oaths – before assuming their duties, newly elected or re-elected constables MUST appear before the Court of Common Pleas the first Monday in January following their election to accept or decline the office of constable and be sworn in by the President Judge as per Act 49 of 2009. Elected constables may be sworn in by a Magisterial District Judge prior to the first Monday in January BUT are still required to appear in Common Pleas Court to accept or decline the office. Subsequently appointed constables in the event of constable vacancy or deputy constables may be sworn in by a Magisterial District Judge or Clerk of Courts. The original Oath is filed in the Clerk of Courts office or any York County
Magisterial District Judge. The original oath is filed in the
Clerk’s office.
In York
County, the bond and oath of a constable are filed
in the Clerk of Courts Office. A bond payable to or in the name of Commonwealth of Pennsylvania in the amount of $3,000 MUST be filed with the Oath of Office. The Clerk's office will NOT accept Oaths for filing that are not accompanied by the $3,000 bond. There is
a $23.00 filing fee for both elected and appointed constables (excluding Election Day Constables).
Insurance
requirements…
Constables
performing judicial duties have the added
requirement of filing proof of liability insurance
in the amounts of $250,000 - $500,000 each year at
no charge at the Clerk of Courts.
Deputy
Constables aka “Election Day Constables”…
Constables are required under Pennsylvania law to be
present at their polling place(s) on Election Day to
preserve order at the polls. If the constable is
unable to attend, a deputy constable must
assume the duties of the constable on Election Day.
A constable may appoint a deputy to serve on
Election Day only with the approval of the Court.
Appointing
Deputy Constables…
1)
The constable completes a request for
appointment of deputy constable and presents it to
the Court.
2)
The President Judge denies or grants the
request.
3)
The order is filed in the Clerk of Courts
office.
4)
No bond is posted.
5)
Oath MUST be taken prior to assuming their
Election Day duties.
6)
There is NO filing fee.
Election
Day Constables Compensation…
ELECTION
DAY ONLY
DEPUTY CONSTABLE APPOINTMENT PETITION
(Adobe
Reader Required)
Constables and
Deputy Constables must be present at their polling
place ALL day – 7:00 a.m. to 8:00 p.m. – plus any
additional time necessary until the local election
board completes their responsibilities.
It is
important to note that Constables and Deputy
Constables may not be in uniform, carry a firearm,
or show any visible sign of being a peace officer
i.e. no badge, belt buckle, hats with any
identifying insignia.
Constables and
Deputy Constables sign the same pay sheet as the
local Elections Board to receive their
compensation. The pay is $95 for the full
day.
The
Constables Code of Ethics:
As an elected public servant, sworn to carry out
the constitutional responsibilities of the position
of Constable.
- I shall dutifully carry out the duties of my
office.
- I shall, at all times, function without
prejudice or regard for an individual's race,
religion or place of birth.
- I shall never be a part of an attempt to
inhibit or evade the law.
- I shall at all times act in a manner in
which understanding and justice is communicated
to those with whom I come into contact in my
work.
- I shall conduct my private life unblemished
and mindful of others.
- I shall be courteous and maintain
self-restraint, scorn, ridicule and contempt.
- I shall be a part of the professional
organizations designed to protect and upgrade
the performance of the Constables.
- I shall not personally solicit for funds in
the performance of my work to enhance any
organization.
- I shall seek every opportunity for such
training as will enhance my ability to do a
better job.
- I recognize my badge of authority as a
symbol of the public trust and I recognize that
as a law enforcement officer, I shall never
bring disgrace upon the people, whose faith and
confidence elected me as their Constable.
- I recognize my duty to protect the
constitutional rights of all people.
- I shall strive to adhere to the
aforementioned as long as I serve as Constable.
- I shall never speak with criticism of a
fellow Constable except at the appropriate
professional forum provided by an appropriate
constables' organization.
- I shall never knowingly infringe upon the
operation of another Constable.
- I shall never resort to unnecessary force in
the performance of my duties.
- I shall not accept gratuities offered by
anyone employing my services.
- I shall perform my duties expeditiously and
promptly, and I shall transmit an immediate
report to those whose work I have accepted.
Return to top
|