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(136th General Assembly)
(Substitute
House Bill Number 44)
AN
ACT
To amend sections 109.804,
124.11, and 124.30 and to enact sections 109.791 and 737.061 of the
Revised Code regarding training schools for prospective law
enforcement officers, filling a vacant police department position
without a competitive examination, requirements for chief of police
training, and advanced training for officers at or above the rank of
sergeant.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections
109.804,
124.11
,
and 124.30 be amended and
sections
109.791 and
737.061
of the Revised Code be enacted to read as follows:
Sec.
109.791.
The
Ohio peace officer training commission may establish and conduct
police officer training courses in addition to those specified in
section 109.79 of the Revised Code to be offered to a law enforcement
officer at or above the rank of sergeant.
Sec.
109.804.
(A)(1)
The Ohio peace officer training commission shall develop and
conduct
provide
a
chief of police training course lasting forty hours for newly
appointed chiefs of police appointed on or after January 1, 2018. The
commission shall determine the course topics, which shall include
diversity training with an emphasis on historical perspectives and
community-police relations, and shall establish criteria for what
constitutes successful completion of the course. The commission shall
conduct the course at
the
Ohio peace officer training academy
locations
determined by the commission
and
in
a manner prescribed by the commission. The commission
shall
offer the course at least semiannually.
(2)
The executive director of the commission shall issue a certificate of
completion of a training program required under this section in
accordance with Chapter 4796. of the Revised Code to a newly
appointed chief of police if either of the following applies:
(a)
The person holds a certificate of completion of such a program in
another state.
(b)
The person has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a chief of police in a state that does not require
completion of such a training program.
(B)
A newly appointed chief of police may request an equivalency
exemption from
a
portion
eight
hours
of
the forty hours of the chief of police training course
,
on topics approved by the executive director,
by submitting to the Ohio peace officer training commission
,
not more than ten calendar days following the person's appointment as
a chief of police,
evidence of training or qualification in the subject area of the
exempted
portion
topics
.
A
request for equivalency exemption by the newly appointed chief of
police shall be provided to the commission not later than fourteen
calendar days before the beginning of the course.
(C)
Upon presentation of evidence by a newly appointed chief of police
that because of a medical disability or other good cause the newly
appointed chief of police is unable to complete the chief of police
training course, the Ohio peace officer training commission may defer
the requirement for the newly appointed chief of police to complete
the chief of police training course until the disability or cause
terminates.
(D)
A newly appointed chief of police appointed on or after January 1,
2018, shall attend a chief of police training course conducted by the
Ohio peace officer training commission pursuant to division (A) of
this section not later than six months after the person's appointment
as a chief of police. While attending the chief of police training
course, a newly appointed chief of police shall receive compensation
in the same manner and amounts as if carrying out the powers and
duties of the office of chief of police. The costs of conducting the
chief of police training course shall be paid from state funds
appropriated to the attorney general. The cost of meals, lodging, and
travel of a newly appointed chief of police attending the chief of
police training course shall be paid from the budget of the entity
for which the newly appointed chief of police was appointed.
(E)
As used in this section:
"Newly
appointed chief of police" means a person appointed chief of
police under section 505.49, 737.05, or 737.15 of the Revised Code or
any administrative official that is responsible for the daily
administration and supervision of peace officers in a law enforcement
agency who
did
not hold the office
has
never held the full-time position
of
chief of police
on
the date
before
the
person was appointed chief of police.
"Law
enforcement agency" means a municipal or township police
department, or any other entity authorized by statute to appoint
peace officers to enforce criminal laws and who have the statutory
power of arrest. "Law enforcement agency" does not include
a county sheriff’s office, the state highway patrol, or the bureau
of criminal identification and investigation.
Sec.
124.11.
The
civil service of the state and the several counties, cities, civil
service townships, city health districts, general health districts,
and city school districts of the state shall be divided into the
unclassified service and the classified service.
(A)
The unclassified service shall comprise the following positions,
which shall not be included in the classified service, and which
shall be exempt from all examinations required by this chapter:
(1)
All officers elected by popular vote or persons appointed to fill
vacancies in those offices;
(2)
All election officers as defined in section 3501.01 of the Revised
Code;
(3)(a)
The members of all boards and commissions, and heads of principal
departments, boards, and commissions appointed by the governor or by
and with the governor's consent;
(b)
The heads of all departments appointed by a board of county
commissioners;
(c)
The members of all boards and commissions and all heads of
departments appointed by the mayor, or, if there is no mayor, such
other similar chief appointing authority of any city or city school
district;
Except
as otherwise provided in division (A)(17) or (C) of this section,
this chapter does not exempt the chiefs of police departments and
chiefs of fire departments of cities or civil service townships from
the competitive classified service.
(4)
The members of county or district licensing boards or commissions and
boards of revision, and not more than five deputy county auditors;
(5)
All officers and employees elected or appointed by either or both
branches of the general assembly, and employees of the city
legislative authority engaged in legislative duties;
(6)
All commissioned, warrant, and noncommissioned officers and enlisted
persons in the Ohio organized militia, including military appointees
in the adjutant general's department;
(7)(a)
All presidents, business managers, administrative officers,
superintendents, assistant superintendents, principals, deans,
assistant deans, instructors, teachers, and such employees as are
engaged in educational or research duties connected with the public
school system, colleges, and universities, as determined by the
governing body of the public school system, colleges, and
universities;
(b)
The library staff of any library in the state supported wholly or in
part at public expense.
(8)
Four clerical and administrative support employees for each of the
elective state officers, four clerical and administrative support
employees for each board of county commissioners and one such
employee for each county commissioner, and four clerical and
administrative support employees for other elective officers and each
of the principal appointive executive officers, boards, or
commissions, except for civil service commissions, that are
authorized to appoint such clerical and administrative support
employees;
(9)
The deputies and assistants of state agencies authorized to act for
and on behalf of the agency, or holding a fiduciary or administrative
relation to that agency and those persons employed by and directly
responsible to elected county officials or a county administrator and
holding a fiduciary or administrative relationship to such elected
county officials or county administrator, and the employees of such
county officials whose fitness would be impracticable to determine by
competitive examination, provided that division (A)(9) of this
section shall not affect those persons in county employment in the
classified service as of September 19, 1961. Nothing in division
(A)(9) of this section applies to any position in a county department
of job and family services created pursuant to Chapter 329. of the
Revised Code.
(10)
Bailiffs, constables, official stenographers, and commissioners of
courts of record, deputies of clerks of the courts of common pleas
who supervise or who handle public moneys or secured documents, and
such officers and employees of courts of record and such deputies of
clerks of the courts of common pleas as the appointing authority
finds it impracticable to determine their fitness by competitive
examination;
(11)
Assistants to the attorney general, special counsel appointed or
employed by the attorney general, assistants to county prosecuting
attorneys, and assistants to city directors of law;
(12)
Such teachers and employees in the agricultural experiment stations;
such students in normal schools, colleges, and universities of the
state who are employed by the state or a political subdivision of the
state in student or intern classifications; and such unskilled labor
positions as the director of administrative services, with respect to
positions in the service of the state, or any municipal civil service
commission may find it impracticable to include in the competitive
classified service; provided such exemptions shall be by order of the
commission or the director, duly entered on the record of the
commission or the director with the reasons for each such exemption;
(13)
Any physician or dentist who is a full-time employee of the
department of mental health and addiction services, the department of
developmental disabilities, or an institution under the jurisdiction
of either department; and physicians who are in residency programs at
the institutions;
(14)
Up to twenty positions at each institution under the jurisdiction of
the department of mental health and addiction services or the
department of developmental disabilities that the department director
determines to be primarily administrative or managerial; and up to
fifteen positions in any division of either department, excluding
administrative assistants to the director and division chiefs, which
are within the immediate staff of a division chief and which the
director determines to be primarily and distinctively administrative
and managerial;
(15)
Noncitizens of the United States employed by the state, or its
counties or cities, as physicians or nurses who are duly licensed to
practice their respective professions under the laws of this state,
or medical assistants, in mental or chronic disease hospitals, or
institutions;
(16)
Employees of the governor's office;
(17)
Fire chiefs and chiefs of police in civil service townships appointed
by boards of township trustees under section 505.38 or 505.49 of the
Revised Code;
(18)
Executive directors, deputy directors, and program directors employed
by boards of alcohol, drug addiction, and mental health services
under Chapter 340. of the Revised Code, and secretaries of the
executive directors, deputy directors, and program directors;
(19)
Superintendents, and management employees as defined in section
5126.20 of the Revised Code, of county boards of developmental
disabilities;
(20)
Physicians, nurses, and other employees of a county hospital who are
appointed pursuant to sections 339.03 and 339.06 of the Revised Code;
(21)
The executive director of the state medical board, who is appointed
pursuant to division (B) of section 4731.05 of the Revised Code;
(22)
County directors of job and family services as provided in section
329.02 of the Revised Code and administrators appointed under section
329.021 of the Revised Code;
(23)
A director of economic development who is hired pursuant to division
(A) of section 307.07 of the Revised Code;
(24)
Chiefs of construction and compliance, of operations and maintenance,
of worker protection, and of licensing and certification in the
division of industrial compliance in the department of commerce;
(25)
The executive director of a county transit system appointed under
division (A) of section 306.04 of the Revised Code;
(26)
Up to five positions at each of the administrative departments listed
in section 121.02 of the Revised Code and at the department of
taxation, department of the adjutant general, department of
education, Ohio board of regents, bureau of workers' compensation,
industrial commission, state lottery commission, opportunities for
Ohioans with disabilities agency, and public utilities commission of
Ohio that the head of that administrative department or of that other
state agency determines to be involved in policy development and
implementation. The head of the administrative department or other
state agency shall set the compensation for employees in these
positions at a rate that is not less than the minimum compensation
specified in pay range 41 but not more than the maximum compensation
specified in pay range 47 of salary schedule E-2 in section 124.152
of the Revised Code. The authority to establish positions in the
unclassified service under division (A)(26) of this section is in
addition to and does not limit any other authority that an
administrative department or state agency has under the Revised Code
to establish positions, appoint employees, or set compensation.
(27)
Employees of the department of agriculture employed under section
901.09 of the Revised Code;
(28)
For cities, counties, civil service townships, city health districts,
general health districts, and city school districts, the deputies and
assistants of elective or principal executive officers authorized to
act for and in the place of their principals or holding a fiduciary
relation to their principals;
(29)
Employees who receive intermittent or temporary appointments under
division
(B)
(C)
of
section 124.30 of the Revised Code;
(30)
Employees appointed to administrative staff positions for which an
appointing authority is given specific statutory authority to set
compensation;
(31)
Employees appointed to highway patrol cadet or highway patrol cadet
candidate classifications;
(32)
Employees
appointed to participate in a prospective law enforcement training
school under section 737.061 of the Revised Code;
(33)
Employees
placed in the unclassified service by another section of the Revised
Code.
(B)
The classified service shall comprise all persons in the employ of
the state and the several counties, cities, city health districts,
general health districts, and city school districts of the state, not
specifically included in the unclassified service. Upon the creation
by the board of trustees of a civil service township civil service
commission, the classified service shall also comprise, except as
otherwise provided in division (A)(17) or (C) of this section, all
persons in the employ of a civil service township police or fire
department having ten or more full-time paid employees. The
classified service consists of two classes, which shall be designated
as the competitive class and the unskilled labor class.
(1)
The competitive class shall include all positions and employments in
the state and the counties, cities, city health districts, general
health districts, and city school districts of the state, and, upon
the creation by the board of trustees of a civil service township of
a township civil service commission, all positions in a civil service
township police or fire department having ten or more full-time paid
employees, for which it is practicable to determine the merit and
fitness of applicants by competitive examinations. Appointments shall
be made to, or employment shall be given in, all positions in the
competitive class that are not filled by promotion, reinstatement,
transfer, or reduction, as provided in this chapter, and the rules of
the director of administrative services, by appointment from those
certified to the appointing officer in accordance with this chapter.
(2)
The unskilled labor class shall include ordinary unskilled laborers.
Vacancies in the labor class for positions in service of the state
shall be filled by appointment from lists of applicants registered by
the director or the director's designee. Vacancies in the labor class
for all other positions shall be filled by appointment from lists of
applicants registered by a commission. The director or the
commission, as applicable, by rule, shall require an applicant for
registration in the labor class to furnish evidence or take tests as
the director or commission considers proper with respect to age,
residence, physical condition, ability to labor, honesty, sobriety,
industry, capacity, and experience in the work or employment for
which application is made. Laborers who fulfill the requirements
shall be placed on the eligible list for the kind of labor or
employment sought, and preference shall be given in employment in
accordance with the rating received from that evidence or in those
tests. Upon the request of an appointing officer, stating the kind of
labor needed, the pay and probable length of employment, and the
number to be employed, the director or commission, as applicable,
shall certify from the highest on the list double the number to be
employed; from this number, the appointing officer shall appoint the
number actually needed for the particular work. If more than one
applicant receives the same rating, priority in time of application
shall determine the order in which their names shall be certified for
appointment.
(C)
A municipal or civil service township civil service commission may
place volunteer firefighters who are paid on a fee-for-service basis
in either the classified or the unclassified civil service.
(D)(1)
This division does not apply to persons in the unclassified service
who have the right to resume positions in the classified service
under sections 4121.121, 5119.18, 5120.38, 5120.381, 5120.382,
5123.08, and 5139.02 of the Revised Code or to cities, counties, or
political subdivisions of the state.
(2)
A person who holds a position in the classified service of the state
and who is appointed to a position in the unclassified service shall
retain the right to resume the position and status held by the person
in the classified service immediately prior to the person's
appointment to the position in the unclassified service, regardless
of the number of positions the person held in the unclassified
service. An employee's right to resume a position in the classified
service may only be exercised when an appointing authority demotes
the employee to a pay range lower than the employee's current pay
range or revokes the employee's appointment to the unclassified
service and any of the following apply:
(a)
That person held a certified position prior to July 1, 2007, in the
classified service within the appointing authority's agency;
(b)
That person held a permanent position on or after July 1, 2007, in
the classified service within the appointing authority's agency, and
was appointed to the position in the unclassified service prior to
January 1, 2016;
(c)
That person held a permanent position on or after January 1, 2016, in
the classified service within the appointing authority's agency, and
is within five years from the effective date of the person's
appointment in the unclassified service.
(3)
An employee forfeits the right to resume a position in the classified
service when:
(a)
The employee is removed from the position in the unclassified service
due to incompetence, inefficiency, dishonesty, drunkenness, immoral
conduct, insubordination, discourteous treatment of the public,
neglect of duty, violation of this chapter or the rules of the
director of administrative services, any other failure of good
behavior, any other acts of misfeasance, malfeasance, or nonfeasance
in office, or conviction of a felony while employed in the civil
service; or
(b)
Upon transfer to a different agency.
(4)
Reinstatement to a position in the classified service shall be to a
position substantially equal to that position in the classified
service held previously, as certified by the director of
administrative services. If the position the person previously held
in the classified service has been placed in the unclassified service
or is otherwise unavailable, the person shall be appointed to a
position in the classified service within the appointing authority's
agency that the director of administrative services certifies is
comparable in compensation to the position the person previously held
in the classified service. Service in the position in the
unclassified service shall be counted as service in the position in
the classified service held by the person immediately prior to the
person's appointment to the position in the unclassified service.
When a person is reinstated to a position in the classified service
as provided in this division, the person is entitled to all rights,
status, and benefits accruing to the position in the classified
service during the person's time of service in the position in the
unclassified service.
Sec.
124.30.
(A)
Classified positions in the civil service may be filled without
competition as follows:
(1)
Whenever there are urgent reasons for filling a vacancy in any
position in the classified civil service and the director of
administrative services is unable to certify to the appointing
authority, upon its request, a list of persons eligible for
appointment to the position after a competitive examination, the
appointing authority may fill the position by noncompetitive
examination.
A
temporary appointment may be made without regard to the rules of
sections 124.01 to 124.64 of the Revised Code. Except as otherwise
provided in this division, the temporary appointment may not continue
longer than one hundred twenty days, and in no case shall successive
temporary appointments be made. A temporary appointment longer than
one hundred twenty days may be made if necessary by reason of
sickness, disability, or other approved leave of absence of regular
officers or employees, in which case it may continue during the
period of sickness, disability, or other approved leave of absence,
subject to the rules of the director.
(2)
In case of a vacancy in a position in the classified civil service
where peculiar and exceptional qualifications of a scientific,
managerial, professional, or educational character are required, and
upon satisfactory evidence that for specified reasons competition in
this special case is impracticable and that the position can best be
filled by a selection of some designated person of high and
recognized attainments in those qualities, the director may suspend
the provisions of sections 124.01 to 124.64 of the Revised Code that
require competition in this special case, but no suspension shall be
general in its application. All such cases of suspension shall be
reported in the annual report of the director with the reasons for
each suspension. The director shall suspend the provisions when
either of the following applies:
(a)
The director of job and family services provides the certification
under section 5101.051 of the Revised Code that a position with the
department of job and family services can best be filled if the
provisions are suspended;
(b)
The medicaid director provides the certification under section
5160.051 of the Revised Code that a position with the department of
medicaid can best be filled if the provisions are suspended.
(3)
Except
as provided in division (D) of this section, in case of a vacancy in
a position in the classified civil service in a police department, on
satisfactory evidence that for specified reasons competition in this
special case is impracticable and that the position can best be
filled by a selection of some designated person holding a specialized
certification, possessing peculiar and exceptional qualifications, or
having completed a police cadet training program through the police
department, the director of administrative services may suspend the
provisions of sections 124.01 to 124.64 of the Revised Code that
require competition in this special case, but no suspension shall be
general in its application.
(B)
The
acceptance or refusal by an eligible person of a temporary
appointment
under
division (A)(1) of this section
shall
not affect the person's standing on the eligible list for permanent
appointment, nor shall the period of temporary service be counted as
a part of the probationary service in case of subsequent appointment
to a permanent position.
(B)
(C)
Persons
who receive temporary or intermittent appointments
under
division (A)(1) of this section
are
in the unclassified civil service and serve at the pleasure of their
appointing authority.
(D)
Division (A)(3) of this section does not apply to a vacancy in a
position in the classified civil service in a police department that
must be filled by promotion as prescribed in section 124.44 of the
Revised Code.
Sec.
737.061.
(A)
The chief of police of a municipal corporation may conduct training
schools for prospective law enforcement officers. The training school
programs shall align with Ohio peace officer training academy
standards and cadet qualifications. The prospective officers, during
the period of training and as members of the training school, may be
paid a reasonable salary. The chief of police may furnish the
necessary supplies and equipment for the use of the prospective
officers during the training period.
(B)
The chief of police may establish rules governing the qualifications
for admission to training schools for prospective officers and
provide for competitive examinations to determine the fitness of the
students and prospective officers, not inconsistent with the rules of
the director of administrative services.
(C)
Upon completion of a training school program established under this
section, a program graduate may be hired directly by the relevant
department, provided the graduate also satisfies the requirements for
original appointment under section 109.77 of the Revised Code.
Section
2.
That
existing sections
109.804,
124.11
,
and 124.30 of the Revised Code are hereby repealed.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________