22-137. Constable ethics standards and training board; powers and duties; judicial review; constable training; definition

A. The constable ethics standards and training board shall:

1. Adopt rules for the administration and conduct of the board, including meeting times, meeting places and matters to be placed on the agenda of each meeting, and for the distribution of monies in the constable ethics standards and training fund pursuant to section 22-138.

2. Adopt a code of conduct for constables and adopt rules to enforce the code of conduct.

3. Establish procedures for conducting confidential investigations and holding hearings.

4. Hear and investigate written complaints from any person involving a constable's ethical conduct.

5. Remedy a constable's inappropriate behavior by:

(a) Mediating.

(b) Issuing warnings, reprimands or admonishments.

(c) Instructing constables to take a particular action or to take educational classes.

(d) Urging a constable to resign from office.

(e) Placing a constable on probation for up to thirty days, except that after the initial thirty days of probation if the constable is making progress on probation but the constable's behavior is not yet compliant, the board may extend probation in additional thirty-day increments up to a total length of probation of one hundred eighty days.

(f) Recommending to the board of supervisors that a constable who has previously been placed on probation be suspended from performing the constable's duties without pay for any specified length of time not to exceed the remainder of the constable's term.

6. Adopt a standardized daily activity log for constables that is approved by the director of the Arizona peace officer standards and training board and that complies with section 11-445, subsections I and J.

B. The board may:

1. Employ an executive director and other staff necessary to fulfill the powers and duties of the board.

2. Enter into contracts and interagency agreements to carry out its powers and duties.

3. Certify organizations to provide training and support programs for constables.

4. Provide support grants to constables for local or statewide training programs.

5. Take and hear evidence, administer oaths and affirmations and compel by subpoena the attendance of witnesses, including constables, and the production of books, papers, records, documents and other information relating to any investigation or hearing.

C. If the board determines that a constable has committed a criminal act, the board shall refer the investigation to the county attorney's office in the county in which the conduct at issue occurred. The board shall submit the investigation's findings to the county attorney. If the county attorney determines that a crime has not occurred or does not file a criminal complaint against the constable, the board shall adjudicate the complaint pursuant to subsection A, paragraph 5 of this section.

D. A constable may seek judicial review of a final order that is issued by the board of supervisors suspending the constable in the superior court in the county in which the constable is elected or appointed. Judicial review shall be conducted pursuant to title 12, chapter 7, article 6. Judicial review must be commenced pursuant to section 12-904.

E. The Arizona peace officer standards and training board shall approve a mandatory basic training course for newly elected constables covering topics including civil and criminal process, conflict resolution and firearm safety. Constables must attend the mandatory training course within six months after election. In subsequent years, constables must annually attend at least sixteen hours of additional training approved by the Arizona peace officer standards and training board. The constable ethics standards and training board may approve additional training courses for constables. The constable ethics standards and training fund established by section 22-138 may be used for constable training. Copies of certificates of completion of the constable training shall be forwarded to the constable ethics standards and training board within thirty days after completion.

F. This section does not:

1. Create a cause of action or a right to bring an action against the board.

2. Preclude a prosecuting agency from filing charges against a constable.

G. The board of supervisors may accept or modify a recommendation to suspend a constable from performing the constable's duties without pay pursuant to subsection A, paragraph 5 of this section. The board of supervisor's determination is final unless a constable seeks judicial review pursuant to subsection D of this section.

H. For the purposes of this section, " constable" includes a deputy constable who is appointed, employed or authorized by the county board of supervisors.