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Law director: no clear statutory path to reinstate constables; commission discusses but takes no action
Summary
Commissioners reviewed a 2012 resolution that abolished the constable office and heard the law director say statute does not provide a mechanism to reinstate the office; commissioners debated resuming the office only if a compelling need is shown and deferred further action.
Sumner County commissioners revisited the question of constables on Jan. 13 after staff found a Dec. 19, 2012 resolution abolishing the office at the end of those officers’ terms.
The county law director told the commission that when the state shifted constables from constitutional to statutory officers the statute gave counties the ability to remove constables but did not include a provision to reinstate them. “Nowhere within that mechanism to remove the constables do they have the ability to reinstate constables,” the law director said, explaining CTAS (County Technical Assistance Service) advised him the statute lacked an authority to reactivate the office.
Commissioners discussed whether the county should pursue reinstatement if the sheriff, city officials or judges asked for it, but several members said they did not want to try to “create law” without a compelling need or legislative guidance. Commissioner Jones moved to open discussion and that motion passed. No motion to reinstate the office was adopted; one commissioner said he would move to strike the item from old business unless a compelling need were presented.
The commission did not adopt a policy to reinstate constables and left the topic for future consideration if new information or formal requests from law enforcement or the judiciary are filed.
