(UPDATED) Taylor, Robinson-Briggs tag team constable question

Shirt, worn by a Plainfield constable at 2011's
National Night Out event, says "Police".
Such assertions drive real police crazy.

NOTE: There are important clarifications to the appointing of constables, see below, highlighted in yellow. -- Dan

Plainfield Councilor Gloria Taylor should be a little more careful before she lets former mayor Sharon Robinson-Briggs lead her around by the nose.

It became clear from the discussion at Wednesday evening's agenda-setting session that NO ONE had done any homework on the proposed "discussion" item.

After launching the topic, Councilor Taylor tagged Robinson-Briggs to get in the ring and show her chops.

Robinson-Briggs pleaded for the reinstatement of a constable whose term has expired.

Questioning by Councilor Rebecca Williams revolved around the statutory requirement for monthly reports -- else the office is deemed vacant and the person who was in it ineligible to function as a constable.

Robinson-Briggs said they were filed. Public Safety Director Riley said he knows nothing of them.

The statutes governing constables are found in NJSA 40A:9-120 et seq. and here are some of the salient points covered --

• Appointment: By resolution of the governing body, a minimum of two, up to 30 (see here); UNDER PLAINFIELD'S CHARTER, THE APPOINTING AUTHORITY IS THE MAYOR.
  
  
• Term of office: Three years by default, or one year if governing body so specifies (see here):
  
  
• Annual charges: Fee payable by the constable to the municipality, a max of $50 annually (see here);
  
  
• Vacancies: How vacancies are handled (see here);
  
  
• Constable's bond:  Before assuming office, the constable must give a bond in the form and amount prescribed by the governing body's resolution (see here). Such bond helps protect the municipality against misfeasance or malfeasance by the constable;
  
  
• Constable's reports:  Reports must be made monthly, the statute says "[filed] with the governing body" ; missing two consecutive reports without cause will make the office vacant and the constable ineligible to exercise that authority. What must be in the reports is detailed (see here);
  
  
• Action for monies payable to or by contables: The Superior Court has jurisdiction (see here).

Constables do not appear to be employees of the municipality. It seems, rather, that they are what would be deemed "independent contractors" for tax purposes and make their incomes from the service of judgments, summonses, subpoenaes, eviction notices, etc.

So, what we have in the constable question is a much more complicated picture than Robinson-Briggs evidently led Taylor to believe.

It is perfectly within the prerogatives of the City Council to agree to the appointment of constables, as was done -- in a lukewarm fashion -- under Robinson-Briggs, upon her nomination of three candidates.

As appointed under Robinson-Briggs in 2011, with Dan Williamson as City Administrator, the three constables were to report to the governing body, as required by the statute. So, let the City Council show proof that the reports were properly filed, that the statutory fee was collected from the constables, and the bonds were posted in the amount and form the resolution specified.

Further, at that time (2011), the Legislature was considering making graduation from the county police academy a prerequisite. If that became law, the requirement would have to be addressed.

Lastly, why would the Council want to subject the City of Plainfield to the liability of having Lone Ranger constables on the loose, without proper supervision? And who that would be would have to be specified in the resolution.

There's a lot more for the Council to ponder in the matter of constables than Robinson-Briggs led Councilor Taylor and the public to believe.

Starting with doing some homework.

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  -- Dan Damon [follow]

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Constable sighting suggests Council questions

The shirt of a Constable at Plainfield's National Night Out celebration
had a designation of 'POLICE' at odds with explanation given the Council.

A Constable sighting at Plainfield's National Night Out 2011 celebration on Tuesday suggested two questions facing Plainfield's City Council regarding these recently appointed 'peace officers'.

When Mayor Sharon Robinson-Briggs proposed the appointment of Constables earlier this year, the vagueness with which Council's questions were answered by then-Acting City Administrator Dan Williamson and then-Acting Corporation Counsel James Ventantonio, gave rise to considerable research by the bloggers about what Constables were, how they were selected and what their duties are.

I had several posts on the topic (see here), including a humorous take on whether Plainfield was ready for a 'modern costabulary' (see here). Bernice had several posts on the topic (see here), as did Olddoc (see here).

An online Yellow Pages search yielded a page of Constables servicing Plainfield (see here), with interesting language casting some light on tasks they perform --

When you contact the constable company, ask them where they are located. You might find that some of them are national companies while others are statewide or local. You might also find that some of the national companies have locations in your area. If you find the company on the Internet, then you should ask them if they are strictly an online entity or if they have a physical location as well. There are several questions that you might need to ask in order to determine which company can give you the constable services that you need such as Database, process server, software, civil process, divorce, probate, landlord, sheriff, deputy, education, training, law enforcement, criminal justice, economy, finance, information, system. If you choose a private company, then you should ask if they can provide written quotes so that you can compare the prices of each company. Some constables only have authority within certain geographic limits, so you should make sure that the one you choose has access to software and databases that will allow them to proceed as a process server for the civil process. You might also need a constable that is able to serve subpoenas for attendance at probate, small claims, or divorce court as well as eviction notices, so ask if they provide these services if you need them. When the companies' reps are answering your questions, pay attention to the level of courtesy that they use. This can often indicate how you will be treated in the future. By knowing what questions to ask, you should be able to find the constable that is best for you.

Among the many questions asked by the City Council in its deliberations was whether or not Constables were police. Though they are referred to as 'peace officers', I believe the Council was told that in making the appointments, they were not considered police officers. In fact, Bernice reported on PBA Local 19's opposition to the creation of the Constables.

When things finally settled down and the Constables were appointed by the Council, unanimously as I recall, the questions disappeared like smoke at a rock concert.

That is, until I spotted the Constable whose shirt identified its wearer as also 'POLICE'.

So, what is it? Are they police or not?

That led to a review of the statutes, which state (40A:9-126.1, see here) that Constables must make MONTHLY reports on their activities, including fees collected --

Every constable shall on or before the first Wednesday following the first Monday of every month file with the governing body by whom he was elected or appointed, a report of his official activities, other than in connection with court or judicial proceedings, for the month immediately past. The governing body shall forward a copy of the report to the municipal chief of police.

The report shall list the names and addresses of all persons contacted by the constable in his official capacity, together with the date, time and purpose of the contact. In addition the report shall contain an accurate statement of all fees collected by the constable and from whom and for what service each fee was collected.

Upon receipt, the governing body which made the appointment (the Plainfield City Council) is to forward the reports to the chief of police.

Has the Council gotten any reports since the Constables were appointed? I don't recall any discussion by the Council of having received them.

For one thing, reports would certainly clear up some of the confusion about what it is the Constables are supposed to be doing.

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• Plainfield Today:  "Plainfield Today on Plainfield Constables (2)"
• Plaintalker II:  "Bernice on Plainfield Constables (4)"
• Doc's Potpourri:  "Olddoc on Plainfield Constables (2)"
• YellowUSA:  "Plainfield (NJ) Constables"
  
• New Jersey Statutes: "40A:9-126.1 Constable's reports"
  

-- Dan Damon [follow]

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Mayor succeeds in veto, fails in budget amendment, withdraws Constables

No one ever said 'just and capable' would be easy.

In another long Plainfield City Council meeting, more than forty people spoke in the comments section preceding the Council's business.

When the Council finally got down to its agenda as midnight approached, the mayor's veto of the ordinance establishing a Recreation Commission stood, with Councilors Greaves, Reid and Rivers voting against the override (a 'super-majority' of five votes is needed to overturn a mayoral veto).

Mayor Sharon Robinson-Briggs' victory on the ordinance, however, was Pyrrhic as the Council failed to amend the FY2011 budget adopted in December to add amounts to the staffing lines for either Recreation or Purchasing. (Again, a super-majority of five of the seven councilors was needed for any amendment of the budget.)

Another item of interest, the mayor's proposal to appoint two Constables, which had been made without consulting the PBA, was withdrawn by the Administration without explanation.

The bulk of the evening was taken up with impassioned public comment, much of it in support of Recreation Superintendent Dave Wynn.

Many speakers urged a spirit of compromise and collaboration on Wynn, his critics and the mayor and Council. (Three speakers spoke out in favor of the PMUA, despite there being no business involving the PMUA on the agenda; and one person spoke in favor of the Constable notion.)

Comments of a few were personally abusive and even menacing of several Councilors by name, and at least one seemed to resent a woman (Council President Annie McWilliams) having a position of authority in city affairs.

Sadly, Wynn's defenders did not address the fact that the Recreation Division fails to service the recreation needs of probably ten times the 600 said to be enrolled in Division activities.

How many sport stars waiting to be discovered, encouraged and developed are among those unserved thousands? How will we ever know?

How many thousands of youngsters will fail to be saved from the pressures of gangs, drugs and crimes because the Recreation Division is not reaching out to them? How will we ever know?

As Mayor Robinson-Briggs and the City Council face another difficult budget year, the pressure for accountability and effectiveness for every dollar raised from taxpayers is only going to increase.

And the Mayor's failure to begin the collaborative budget effort with the Council which she promised at the January reorganization meeting is troubling.

Perhaps things will pick up when Bibi Taylor returns to her post as City Administrator in the next couple of weeks.

We must live in hope.

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-- Dan Damon [follow]

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Plainfield Constables?

Is Plainfield ready for a modern Constabulary?

One odd little item at Monday's Plainfield Council agenda-setting session was correspondence from Mayor Sharon Robinson-Briggs requesting the appointment of Sheldon Green and Frank Rokin as 'members of the Constable Committee'.

At public comment (after Mr. Williamson clarified the request was for constables, not as mistakenly made for a 'constable committee'), Dr. Harold Yood (olddoc) asked two simple questions:  Was the position stipendiary? And what were the Constable's duties?

Acting Corporation Counsel James Ventantonio answered the first, simply, with a 'No'.

The second question was another matter altogether, though.

After some perambulating, Ventantonio said the Constable's duties were 'not clear'.

That is a mild understatement.

Googling for constables in New Jersey, I came up with some interesting, but not entirely conclusive results --

• A discussion thread by NJ constables on some of their concerns (here); and the
• Website of the NJ State Fraternal Order of Constables (here).

And a comprehensive article on Wikipedia (see here) which includes this section on constables in New Jersey --

A constable is considered a peace officer under New Jersey statutes. Modern-day New Jersey police officers inherit their authority from the constable. Constables may exercise their functions and perform their duties anywhere in the county wherein the appointing municipality is located. Constables are appointed by their city government (city council) via the Clerk's Office and their office term is determined by the municipal government body. They answer to the city council or police chief via monthly activity reports. There seems to be some confusion as to whether they should be identified as municipal, town, city or county constables.

Their powers are mainly focused on the enforcement of civil law although state legislature grants them the power to also enforce criminal and motor vehicle laws.^[48][49] Currently, there is legislation pending approval which will require all current and future NJ constables to undergo police training within six months of appointment.

Now, this raises an interesting point. According to the Wikipedia article and the Fraternal Order website, it is the GOVERNING BODY that establishes and appoints the Constables, as well as setting their term of office, and it is to the governing body that they report.

So, I pose a few simple questions the Council should get answers for before moving ahead on the question of Constables --

• On what authority does Mayor Robinson-Briggs request the appointments?
• What reason is there for wanting Constables?
• What duties exactly are proposed for them?
• And to whom will they report?

There has to be more to this than the Council or the public has so far been told.

Reading the materials I dredged up, it seems one of the concerns that has stirred up both supporters and detractors of Constables has to do with whether they can perform 'security duties'. This seems to imply those kinds of off-hour activities engaged in by sworn police officers and paid for by private entities or employers.

So, what is it these Constables would be for? To whom will they report? And why would these two gentlemen even be interested?

I hope the Council gets answers before next Monday night.

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-- Dan Damon [follow]

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Council: Redistricting, Planning Board, emergency appropriations

 

Plainfied City Council's agenda-setting session Monday evening included the following items --

REDISTRICTING

Dennis Kobitz, administrator of the Union County Board of Elections, made a straightforward presentation to the Council on the redistricting processes under way (or soon to be so) in New Jersey. With the legislative districts due to be realigned by April 4, the next phase will be the examination and realignment of Plainfield's four wards. (All of this confirms my previous posts on the topic here and here.)

Kobitz expected that the Census data would be officially 'promulgated' with the establishment of the new legislative districts (meaning the county would officially be given the Census data and the clock would start to run). The County Board of Elections would have fifteen days to convene to begin the process and 90 days from that date to finish. Kobitz estimated completion by early- to mid-July.

Wards will be realigned according to POPULATION figures from the Census, with a variation of 10% allowed. (There is some confusion about what this means; we were taught in Clerk U. that it means a variance of 5% in either direction from the mean population per Ward, or a total range of 10% between largest and smallest Wards.)

Districts will be taken up by the County Board of Elections once new Ward lines have been established (meaning AFTER July 15th). He emphasized that the current Wards and Districts would govern this June's primary and hence the November general election. (Districts are only important electorally in the primary, where political party committees are elected, with Dems and GOP electing members in alternate years -- this year is Dems.)

George Gore, of Plainfield's Human Relations Commission, announced that he had spoken with Mayor Sharon Robinson-Briggs and that the Commission would be holding hearings on redrawing Ward and voting district lines.

What is interesting to note here is what a change there has been over the past decade. In previous years, redistricting was an arcane and secretive matter about which the general public knew or cared little. With the growth of the Internet's importance and continuing citizen demand for transparency and accountability from government, there appears to be a much higher interest in the process, and the hope of having some say in it. So, even though you may not have heard about Plainfield's Human Relations Commission for years, or  know how many seats are filled or how many appointments are current, I say 'welcome to the fray'!

PLANNING BOARD UPDATE

Councilor Storch made a report as liaison to the Planning Board, summarizing five areas of interest:

1. Mixed-use zoning;
2. Safeguarding master plan intent through zoning changes (childcare in the midst of 'restaurant row');
3. Capital Improvements Plan (a good early start, even if the Administration has gotten buggy before horse);
4. Transit-oriented development (zoning changes near the train station; managing potential conflicts in mixed-use areas); and
5. Parking (discussing the advisability of a citywide parking authority)

Councilor Storch offered to provide his report to the Council in writing.

EMERGENCY APPROPRIATIONS

The Robinson-Briggs administration continues to push for an emergency appropriation for the Recreation Division, Purchasing Division and the mayor's office, despite the Council's adopted budget having set limits on funding for these areas.

Council President McWilliams reminded acting City Administrator Dan Williamson of the amount the Council had had consensus on at last month's meeting (it was none of the amounts mentioned by Williamson Monday evening). After some back-and-forth, including questions by Councilor Rivers and special pleading by Councilor Reid, it was noted a resolution would go forward in the amount of $33,000, the only figure on which there were at least five assenting Councilors (the minimum number needed to amend the adopted budget).

You will also want to read my separate post on the confusing, amusing Constable proposal.

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-- Dan Damon [follow]

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