Document - Historical information/data - Eagan Township Compensation for Constables - 9/3/1963 LAW OFFICES FE 6^8361
LuTH:Ep. M,. STALLAND
SUITE 2340,PkwD TowER
MiwXEAPOL1:S 2,ME-4NESO'r4
PA:uL H.11&-uGE
September 3, 1963
Chairman
Board of Supervisors
Eagan Township
Dakota County, Minnesota
Re: Constables and -Dolice officers
Gentlemen:
The issue has been presented concerning appointment of town constables
and police officers and mehtods of compensation of these town officers.
The Town of Eagan has the right to provide police protection under
its village powers pursuant to M.S.A. 412.111. Inherent in this
power is the right of the Board of Supervisors to appoint such
officers as may be deemed necessary for the proper management and
operation of town affairs. The Board may fix a reasonable compen-
sation for their services and may require each officer to furnish
a bond 'conditioned on the faithful exercise of his duties. The
Board may provide for payment from town funds for the premium on
the bond.
Although there is now.-statutory requirement f* the enactment of an
ordinance governing the scope and duties of "a police officer,, it mpy
be advisable to pass such an ordinance under the authority provided
in M.S.A. 412.221 (Subd. 32).
Eagan Township also has authority at a meeting of electors to provide
for and elect two constables. There is no salary provided for town
constables and their compensation is derived solely from fee schedules
provided by statute. <M.S.A. 357.12). The duties and compensation
consist primarily of service of.process papers, handling of prisoners
and attendance at Justice Court. In addition, the constable may be paid
ten cents per mile for travel to and from the place of service, when necess-
ary in service of any process authorized by a justice of the peace.
However, a police officer may not receive in excess of seven and one-half
cents per mile for the use by such officer of his own autom6bile in
the performance of his normal duties.
The authorities are generally in agreement that the combined offices of
constable and policeman are not incompatible. (Op.Atty.Gen. 358E-8. Dec.
23, 1952). In other words the Board May ovide for the position of
constable and police officer to be he y the m person, provided that
their duties remain separate,
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