Should Utah County keep its county constables?
That question faces county commissioners, who are apparently leaning toward maintaining the office.A constable's job is to handle court-related matters such as serving papers for the court. They handle cases that start inside the county.
What was once an elected post became an optional, appointed county position in April because of action taken by the Legislature.
Many rural counties have no need for a constable because court-imposed duties are relatively rare. Besides, the sheriff's department can handle any duty of the constable.
That is partly why the Utah County Sheriff's office urged the County Commission to consolidate the two offices. Without constables, the sheriff could collect more fees from the courts and return them to county coffers.
Because constables are not paid with county funds, they receive pay from the courts or clients of the court, and the county gets none.
Many people who use the court feel a constable helps save them money, however.
County Commissioner Gary Herbert said he received more comments on the issue than any other since he was made commissioner.
Orem Constable Anthony Fernlund said the free market helps court clients. A constable can often do the court's work for less money than can the sheriff's office. This cost is ultimately passed to defendants and taxpayers.
"The change in status from elected to appointed constables was intended to upgrade and improve the office of constable, not abolish it altogether. Therefore, I must go on record in opposition to the well-intentioned effort by Sheriff (Dave) Bateman's staff to consolidate the constable civil process serving duties into the sheriff's office," Fernlund wrote to the County Commission.
Fernlund questioned the sheriff's figures for how much his office would receive in new collections. Although Fernlund said it could receive more than $100,000 in increased fees, his estimates differed by more than $1 million from that of the sheriff.
Fernlund said four constables in the county would be a good number. There are five currently, but one is inactive.
Next Monday, the County Commission plans to decide officially whether to continue to use constables. They could then begin the process that includes setting up an appointment and oversight committee for the constables. The committee would recommend various people to fill the positions.