Delaware § 5606 - Commissions.

§ 5606. Commissions.

(a) All applicants must provide the Board with proof of employment with an employer and the required documentation, from the employer, as required under § 5607 of this title, prior to being commissioned or recommissioned as a constable.

(1) All commissioned constables must notify the Board immediately if their employment with the employer at the time of their original application or their renewal application is terminated.

(2) All employers that employ commissioned constables must notify the Board immediately if a constable in their employ is terminated.

(b) The Board shall have the authority to deny a commission for any constable whose employer fails to show that the proposed commission will be in aid and relief of full service police agencies and is necessary to protect life and property in circumstances where full service police agencies are unable to assist.

(c) No current sworn or civilian personnel employed by a Delaware law-enforcement organization, as defined by the Police Officer Standards and Training Commission, or current sworn or civilian member of a law-enforcement organization in any other state or federal jurisdiction shall be commissioned as a constable.

(d) No sheriff or deputy sheriff shall be commissioned as a constable for the benefit of the sheriff’s office or the government of a county unless a request has been made by resolution of the appropriate county council or Levy Court.

(e) All applicants shall provide the State Bureau of Identification with their names, weight, hair color, eye color, current address, legal residence, and any other information necessary for the Bureau to obtain a report of an applicant’s entire state criminal history and entire federal criminal history pursuant to the Federal Bureau of Investigation appropriation of Title II of U.S. Public Law 92-544.

(f) Upon appointment as a constable, the Professional Licensing Section shall issue commissioned constables a commission certificate and identification card. No commission certificate or identification card issued pursuant to this chapter shall be transferable.

(g) The term of office for all constables shall be 2 years from the date the constable was commissioned.

(h) Upon expiration of a constable’s term of office, the constable may request that the Board renew their commission. Approval for renewal shall be within the discretion of the Board.

Code 1852, §§  618-621;  11 Del. Laws, c. 194;  11 Del. Laws, c. 215;  11 Del. Laws, c. 365;  11 Del. Laws, c. 405;  11 Del. Laws, c. 591;  12 Del. Laws, c. 29;  12 Del. Laws, c. 42;  13 Del. Laws, c. 404;  14 Del. Laws, c. 26, §  1;  15 Del. Laws, c. 25;  16 Del. Laws, c. 333;  17 Del. Laws, c. 40, §  1;  17 Del. Laws, c. 41;  18 Del. Laws, c. 478, §  1;  20 Del. Laws, c. 404, §  1;  21 Del. Laws, c. 22, §  10;  21 Del. Laws, c. 205, §§  1, 2;  22 Del. Laws, c. 54, §  10;  22 Del. Laws, c. 295, §  1;  24 Del. Laws, c. 95, §  1;  Code 1915, §§  1397-1400, 1400A, 1400B;  29 Del. Laws, c. 83, §  1;  29 Del. Laws, c. 84, §  1;  30 Del. Laws, c. 88, §  1;  32 Del. Laws, c. 81, §  1;  33 Del. Laws, c. 89, §  1;  36 Del. Laws, c. 124, §  1;  40 Del. Laws, c. 138, §  1;  Code 1935, §§  1565-1567;  10 Del. C. 1953, §§  2701-2705;  49 Del. Laws, c. 233;  49 Del. Laws, c. 239;  53 Del. Laws, c. 295;  54 Del. Laws, c. 15, §§  1, 2;  54 Del. Laws, c. 36;  55 Del. Laws, c. 85, §  32Q;  64 Del. Laws, c. 72, §  1;  65 Del. Laws, c. 433, §  1;  67 Del. Laws, c. 351, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 322, §  6[5];  83 Del. Laws, c. 454, § 2;  84 Del. Laws, c. 149, § 15;