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Township supervisor dispels constable rumor

CALUMET TOWNSHIP — Amid rumors that the Calumet Township Board hired a constable, township Supervisor Tim Gasperich said that a constable would have to be elected.

While the township did not appoint or hire a constable, Gasperich said the township did hire a zoning ordinance enforcement officer.

“Mostly for trash, garbage, junked cars — blight ordinance more than anything,” he said. “Knock on wood, we haven’t had any problems with short-term rentals in the township.”

The principal difference between a constable and a zoning enforcement officer, Gasperich said, is again, a constable is elected by ballot. “An ordinance enforcement officer is just somebody that we can hire.”

Gasperich said the township is required to conduct liquor inspections, along with zoning ordinances, which do not require a constable.

“We can do those things with just a zoning enforcement officer,” he said. “But will he do other things? Certainly. Whatever we need him to do.”

The lines between a law enforcement agency, such as a sheriff’s department or Michigan State Police, and constables and zoning enforcement officers often cause confusion.

Police agencies can only respond to calls or complaints in regards to violations of criminal law, they cannot enforce civil ordinances.

As the University of Minnesota explains, a basic definition of civil law is the body of law having to do with the private rights of individuals. As this definition indicates, civil law is between individuals, not the government. Criminal law involves regulations enacted and enforced by government action.

“All of our so-called laws in the township are ordinances,” said Gasperich. When violated, “they are civil infractions.”

A zoning enforcement officer under Michigan law can serve warrants and notices as directed by the township board, clerk or other officer and shall perform other duties as are required of them by law. A police officer, deputy or state trooper cannot make an arrest for a violation of a township or village ordinance.

Gasparich said the township’s recent hire is one in a series of zoning enforcement officers who stayed on the job an average of four months, noting it is a difficult position to keep filled.

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