State of Connecticut State Marshal Commission Manual
Section 1: Introduction
State Marshals
In 2000, the General Assembly created the state marshal system in Public Act 00-99. This system replaced the county sheriff system in place in various forms since colonial times. State marshals are statutorily authorized to provide numerous services to the public such as serving civil process (including restraining orders), serving and collecting under executions, performing evictions, and executing capias mittimus warrants. State marshals form an integral part of the judicial system as they provide essential notice to parties of court order and enforcement thereof.
State marshals are sworn public officers appointed by the State Marshal Commission. At the time of appointment, state marshals affirm that they will uphold the Constitution of the United States and the State of Connecticut as well as faithfully discharge their duties according to law. State marshals are authorized to perform only those duties specifically granted by statute. While actually engaged in these duties, a state marshal is considered a peace officer. As officers holding a position of public trust, state marshals must perform their work within the highest professional standards of competency and integrity. State marshals are also independent contractors. They are responsible for running their own offices and keeping detailed client and financial records.
State marshals are subject to professional standards of conduct set forth in Regulations of State Agencies § 6-38b-6. See the Reference section of this Manual.
State Marshal Commission
The General Assembly also created the State Marshal Commission (“Commission”) in Public Act 00-99. The Commission is statutorily charged with the appointment, training and oversight of state marshals. Chapter 78 of the Connecticut General Statutes sets forth the law covering the state marshal system. Pursuant to General Statutes § 6-38b, the Commission consists of eight members appointed by the specified executive, judicial and legislative branch authorities. On October 5, 2009, the Commission became part of the Department of Administrative Services for purposes of staffing. It retains independent decision-making authority.
The Commission meets periodically throughout the year to conduct business under its statutory mandate. The Commission has adopted regulations which include professional standards of conduct for state marshals. See the Reference section of this Manual. The Commission investigates violations of these standards of conduct and, upon a finding of probable cause, convenes Oversight Committee hearings pursuant to the Uniform Administrative Procedures Act. In addition, the Commission oversees the appointment and training of state marshals, sets a restraining order duty rotation, conducts/facilitates audits of marshal client fund accounts, and sets administrative policies and procedures for the efficient and fair operation of the state marshal system.
The Commission may be contacted at:
Department of Administrative Services
State Marshal Commission
450 Columbus Boulevard
Suite 1504
Hartford, CT 06103
Phone: (860) 713-5372
Fax: (860) 622-2938
Website: das.ct.gov/statemarshal
State Marshal Advisory Board
Pursuant to General Statutes § 6-38c, there is a State Marshal Advisory Board consisting of twenty-four state marshals. Annually, state marshals in each county elect a certain number of board members to serve one year terms on the Advisory Board. The Advisory Board meets periodically throughout the year to discuss issues important to state marshals.
The Advisory Board appoints two members to serve as ex-officio (non-voting) members of the Commission. The ex-officio members provide important and critical input to the Commission on legislative, legal, policy and disciplinary issues and other matters relevant to state marshals.
Complaint Process
Generally, to initiate the complaint procedure, a written complaint must be filed on a complaint form and signed under penalty of false statement. The person filing the complaint is known as the Complainant. The Commission, in its discretion, may also initiate an In Re complaint based on a referral from the court, other state agencies, law enforcement, or other official authorities. In addition, the Commission may independently commence an In Re complaint, where appropriate, such as when the marshal fails to pay his or her annual fee or acquire the requisite liability insurance.
Each complaint received is initially reviewed to determine if it falls within the Commission’s jurisdiction. If the complaint is not against a state marshal or does not allege that a state marshal violated the State Marshal Standards of Conduct articulated in Regulations of State Agencies § 6-38b-6 or otherwise took actions for which the Commission may impose discipline pursuant to Regulations of State Agencies § 6-38b-8, the complaint will be administratively dismissed without prejudice. Note that, if a complaint has been administratively dismissed, the Complainant is not precluded from resubmitting his or her complaint to assert additional allegations which would, if true, constitute a violation of the Standards of Conduct or otherwise implicate the Commission’s jurisdiction.
If the complaint states a claim within the Commission’s jurisdiction, it will be assigned a file number and the Commission office will forward a copy of the same to the state marshal (called the Respondent). The marshal is required under the Standards of Conduct to cooperate with the Commission’s investigation of the complaint, including filing a written response. Regulations of State Agencies § 6-38b-6 (14). When the Respondent submits a written response to a complaint, the Complainant is sent a copy and may file a supplemental submission. Note that, once the Complainant files his or her supplemental submission, the Commission generally does not accept additional materials from the Complainant and anything submitted will be returned without review. If a hearing is held, then the Complainant and Respondent may submit additional evidence and exhibits.
If the Complainant files a supplemental submission, the Respondent will have the opportunity to submit a supplemental response. Note that, once the Respondent files his or her supplemental submission, the Commission generally does not accept additional materials from the Respondent and anything submitted will be returned without review. As noted above, if a hearing is held, then the Complainant and Respondent may submit additional evidence and exhibits. The Commission may make additional inquiries or conduct further investigation if the situation warrants or more information is required.
The Commission reviews complaint files in due course, generally in the order in which they are received, at a public meeting (generally held monthly). The Commission first considers whether to dismiss the matter or find probable cause for an Oversight Committee hearing held at a later date. Both the Complainant and the Respondent receive notice of the meeting at which the Commission is considering the matter pursuant to General Statutes § 1-200 (6) (A). These meetings are public and the agenda is made available to the public pursuant to the Freedom of Information Act. While anyone may attend this meeting, neither the Complainant nor the Respondent (or anyone else) is given the opportunity to address the Commission or to supplement the record.
The Commission’s discussion of the complaint is conducted during executive session as it pertains to the performance and evaluation of the marshal. The Respondent may request in writing that the discussion take place on the public record of the meeting. After consideration, the Commission votes on the public record to take the action it deems appropriate, including voting to dismiss the file, or voting to find probable cause and assigning the matter to the Oversight Committee for a public hearing. These hearings are held in accordance with the Uniform Administrative Procedures Act (UAPA).
If the Commission decides to dismiss the matter, the Complainant and Respondent will receive a letter stating the same. This decision is final. The Commission does not reconsider its decision to dismiss a complaint.
If the Commission finds probable cause for a hearing, the Complainant and Respondent will receive a copy of the Commission’s probable cause findings. Notice of the hearing will be sent to the Complainant and Respondent at least 10 days before the hearing date. Oversight Committee hearings are public and recorded. The Oversight Committee will consist of one or more hearing officers that are Commission members. Generally, the Complainant is not required to appear at the hearing. If the Complainant does not appear, this absence is weighed by the Oversight Committee in rendering its proposed decision. The Respondent is required to appear. The Respondent and the Complainant, if present, will be asked to present testimony to the Oversight Committee under oath.
After the hearing, the Oversight Committee will issue a proposed decision, which will be considered by the full Commission at one of its meetings. The proposed decision and a notice of the meeting will be circulated to the Complainant and Respondent prior to the meeting. If the Respondent is adversely affected by the decision, he or she is afforded the opportunity to file exceptions and present briefs and oral argument to the Commission. Note that, at this juncture, no new facts may be presented to the Commission.
The Commission’s discussion of the proposed decision is conducted during executive session as it pertains to the performance and evaluation of the marshal. The Respondent may request in writing that the discussion take place on the public record of the meeting. The Commission’s final vote will be on the public record. The Commission may vote to adopt the proposed decision as its final decision or may vote to amend the proposed decision. Once the Commission adopts its final decision, it will be mailed to both the Complainant and the Respondent. If the decision is adverse to the Respondent, he or she has the opportunity to request that the Commission reconsider its final decision and/or to appeal the matter to the Connecticut Superior Court pursuant to the UAPA.
Complaint files are maintained by the Commission in accordance with the state records retention policies. Complaint files are public records and are, accordingly, to the extent they are not exempt under law, accessible to the public pursuant to General Statutes § 1-210.
Reference:
The State Marshal Commission has adopted a Summary Suspension Policy which outlines the process for the emergency suspension of state marshal appointment pursuant to General Statutes § 4-182 (c).
