
April 17, 2002 |
2002-R-0454 | |
STATE MARSHAL QUESTIONS | ||
By: Christopher Reinhart, Associate Attorney | ||
You asked whether (1) the legislature intended to subject the State Marshal Commission to the provisions of the Uniform Administrative Procedure Act, (2) state marshals must submit financial records to any agency, and (3) state marshals must wear uniforms.
PA 00-99 transferred the functions of sheriffs to state and judicial marshals. It created the State Marshal Commission to oversee the state marshals, who are responsible for service of process. The act did not specify whether the commission was subject to the provisions of the Uniform Administrative Procedure Act (UAPA) (CGS ch. 54) and it's legislative history does not clarify this issue. But the powers the act granted the commission appeared to require the commission to follow the UAPA (see OLR report 2001-R-0517). The legislature made it clear in 2001 that the commission must adopt regulations for professional standards and procedures to fill state marshal positions in accordance with the UAPA (June Sp. Sess. PA. 01-9, § 8).
State marshals must submit an annual statement of income to the State Ethics Commission (CGS § 1-83(b)(2)). The statement must include only amounts and sources of income earned in their capacity as state marshals. The State Marshal Commission's administrative bulletin and a letter and form from the Ethics Commission are attached. In addition, the State Marshal Commission must periodically review and audit the
records and accounts of state marshals. It must appoint a qualified person to oversee and audit the records and accounts of a state marshal who dies or is disabled (CGS § 6-38e).
According to the State Marshal Commission, state marshals are not required to wear uniforms.
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