Constable Funding Eyed

County Seeks Answers To Liability Questions

— Benton County’s justices of the peace are considering a proposal to provide funding to the county’s five constables beginning in 2013.

The Finance Committee of the Benton County Quorum Court, meeting as the Budget Committee, delayed action on a request for funding while the justices of the peace seek legal guidance from County Attorney George Spence. Spence said Friday he had begun looking into questions of the county’s potential liability for the actions of constables and questions about one elected county official — the sheriff — having supervisory authority over elected township officials. Spence said he would try to have answers for the budget committee by its next meeting, set for 6 p.m. Tuesday.

At A Glance

Constable Training Requirements

Arkansas law sets some minimum training standards for constables.

For a constable to have access to information from the Arkansas Crime Information Center: He or she shall satisfactorily complete the constable certification course provided by the Arkansas Commission on Law Enforcement Standards and Training. Each year after completing the certification course required he or she shall satisfactorily complete sixteen 16 hours of training provided by the Arkansas Commission on Law Enforcement Standards and Training.

For a constable to carry a firearm: He or she shall attend sixteen 16 hours of firearms training; and each year after completing the training required he or she shall satisfy the firearm qualification standards for a law enforcement official.

Source: Arkansas Code 14-14-1314

The association of Arkansas Counties, does not provide insurance coverage for constables, said Sarah Daniels, county comptroller. According to the Association website: “A constable is a constitutional township official not a county official as some might think.”

The website stated a constable is charged, by law, to conserve the peace in his township (ACA 16-19- 301). In order for a constable to have access to information from the Arkansas Crime Information Center and to carry a firearm, the officer must receive required training. Uniform and vehicle requirements are also mandated for constables in the performance of official duties (ACA 14-14-1314).

The law also stated “The county may pay reasonable expenses associated with the requirements of this section.”

The question of funding the county’s constables was raised last month. Sam Reyna, constable for Township 3, presented the justices of the peace with a proposed budget in October that, if approved, would see each of the five constables receive $4,500 to cover the costs of their patrol units, fleet liability insurance, fuel and oil, repair parts, tires and tubes, printing, telephone and to restripe their autos. Reyna told the committee Sheriff-elect Kelley Cradduck supports the constables in their request and plans to use them in conjunction with the Sheriff’s Office.

Cradduck said Friday he does support having the constables back the Sheriff’s Office in ways commensurate with their training and abilities.

“My view on the constable program is one of inclusion,” Cradduck said. “I think it benefits everybody in the county when they are trained and on the same page as the sheriff.”

Cradduck said he sees the constables providing backup to his deputies and assisting in events like craft fairs where traffic control is a problem or in searches where their knowledge of their areas could be useful. He said he might use them in serving warrants as support for the regular warrants officers in serving “high-risk” warrants where additional support could prevent problems.

Cradduck said he expects his office to bear the cost of the constables, if the justices of the peace approve the proposal.

Justice of the Peace Dan Douglas missed Thursday’s meeting, being called to Little Rock on his duties as representative-elect. Douglas said he opposes the funding of the constables.

“No. No. No. I’m sorry, but these people ran for this office knowing it was a nonfunded position,” Douglas said. “I feel like the constable, at least in a populated county like Benton County, has no place. We need trained, qualified law enforcement officials, not just somebody who wants to run for this office. We’re just creating another branch of government there. Another place for money to go.”

Douglas said he doesn’t see the constables as providing any necessary support for the Sheriff’s Office.

“We’ve got 200 employees in the Sheriff’s Office and the jail,” he said. “If that’s not enough, we’ve got a big, big problem.”

Justice of the Peace Tom Allen, who is chairman of the Finance Committee, said if Cradduck thinks he can make use of the constables, he’ll accept that. But Allen said funding for the constables is a separate issue.

“Going forward, pending an opinion from George on the legality of it, and the insurance issues then it becomes a matter of funding,” Allen said. “It needs to come out of the sheriff’s budget.”

Allen said the justices of the peace also need to consider the possibility that a different sheriff might take a different view of the constables in the future.

“That’s a good question,” Allen said. “One of the differences with constables is it’s an elected position. We can’t fire them, but we can not fund them. The question is do we have the stomach to do that?”

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