How do I file a complaint against a state marshal and what is the process?
If you feel that a state marshal has done something improper or unethical in the course of his or her duties, you should contact the State Marshal Commission at (860) 713-5372 to obtain a complaint form. You must use the State Marshal Commission’s complaint form. Complaints sent without the form will be returned.
Please note the following complaint guidelines:
THE STATE MARSHAL COMMISSION STAFF CANNOT PROVIDE YOU WITH LEGAL ADVICE. If you have legal questions about your complaint or need assistance with drafting your complaint, you should consult an independent attorney. The Commission staff can only advise you of the complaint process and send you a complaint form.
The State Marshal Commission is only empowered to impose discipline against a marshal if his or her actions are ultimately found, after a hearing, to violate the standards of conduct outlined in State Marshal Commission Regulations § 6-38b-6. Disciplinary action may include the following and is imposed after a noticed hearing conducted pursuant to the Uniform Administrative Procedures Act.
Revocation of badge
The State Marshal Commission is not empowered to award money damages. If you are seeking monetary damages, you must bring such a claim in civil court.
The State Marshal Commission cannot enforce criminal law. If you believe a state marshal has engaged in criminal activity (i.e. theft, property damage), in addition to filing your complaint with the Commission, you should immediately contact the appropriate law enforcement agency.
The State Marshal Commission complaint process is as follows:
1. Each complaint 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.
2. If the complaint states a claim within the Commission’s jurisdiction, the Commission office will forward a copy of the same to the state marshal (called the Respondent). The marshal is then required to file a written response to the complaint.
3. 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 evidence and exhibits.
4. If the Complainant files a supplemental submission, the Respondent will have the opportunity to submit a supplemental response.
5. 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 will receive notice of the meeting at which the Commission is considering the matter. 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.
6. 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.
7. If the Commission finds probable cause for a hearing, the Complainant and Respondent will receive a copy of the Commission’s probable cause findings and will receive notice of the hearing once it has been scheduled.
8. Oversight Committee hearings are held throughout the year. Generally, the Complainant is not required to appear at the hearing; however, it is strongly encouraged that he or she be present to present testimony or other evidence, if applicable. 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.
9. After the hearing, the Oversight Committee will draft a proposed decision, which will be circulated to the Complainant and Respondent prior to being considered by the Commission at one of its meetings. 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.
10. At the Commission meeting where the proposed decision is considered, 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. The Complainant does not have the right to appeal the Commission’s final decision.