As Passed by the Senate 1
123rd General Assembly 4
Regular Session S. B. No. 325 5
1999-2000 6
SENATORS OELSLAGER-HERINGTON-HOTTINGER 8
_________________________________________________________________ 10
A B I L L
To amend sections 1901.33 and 1901.331 of the 12
Revised Code to permit the judges of a municipal 13
court with an elected clerk to appoint an
administrative assistant for personnel matters. 14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That sections 1901.33 and 1901.331 of the 18
Revised Code be amended to read as follows: 19
Sec. 1901.33. (A) The judge or judges of a municipal 32
court may appoint one or more interpreters, one or more mental 33
health professionals, one or more probation officers, an 35
assignment commissioner, deputy assignment commissioners, and 36
other court aides on a full-time, part-time, hourly, or other 37
basis. Each appointee shall receive the compensation out of the 38
city treasury that the legislative authority prescribes, except 39
that in a county-operated municipal court they shall receive the 40
compensation out of the treasury of the county in which the court 41
is located that the board of county commissioners prescribes. 42
Probation officers have all the powers of regular police officers 43
and shall perform any duties that are designated by the judge or 44
judges of the court. Assignment commissioners shall assign cases 45
for trial and perform any other duties that the court directs. 46
The judge or judges may appoint one or more typists, 48
stenographers, statistical clerks, and official court reporters, 49
each of whom shall be paid the compensation out of the city 50
treasury that the legislative authority prescribes, except that 51
in a county-operated municipal court they shall be paid the 52
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compensation out of the treasury of the county in which the court 53
is located that the board of county commissioners prescribes. 54
(B) If a municipal court appoints one or more probation 56
officers, those officers shall constitute the municipal court 57
department of probation unless the court designates other 58
employees as the department of probation for the court. 59
(C) The chief probation officer may grant permission to a 61
probation officer to carry firearms when required in the 62
discharge of the probation officer's official duties, provided 65
that any probation officer who is granted permission to carry
firearms in the discharge of the probation officer's official 66
duties, within six months of receiving permission to carry a 68
firearm, shall successfully complete a basic firearm training 69
program that is conducted at a training school approved by the 70
Ohio peace officer training commission and that is substantially 71
similar to the basic firearm training program for peace officers 72
conducted at the Ohio peace officer training academy and receive 73
a certificate of satisfactory completion of that program from the 74
executive director of the Ohio peace officer training commission.
Any probation officer who does not successfully complete a basic 76
firearm training program within the six-month period after 77
receiving permission to carry a firearm shall not carry, after 78
the expiration of that six-month period, a firearm in the 79
discharge of the probation officer's official duties until the 80
probation officer has successfully completed a basic firearm 82
training program. A probation officer who has received a 83
certificate of satisfactory completion of a basic firearm
training program, to maintain the right to carry a firearm in the 84
discharge of the probation officer's official duties, annually 86
shall successfully complete a firearms requalification program in 87
accordance with section 109.801 of the Revised Code. 88
(D) THE JUDGE OR JUDGES OF A MUNICIPAL COURT IN WHICH THE 90
CLERK OF THE COURT IS ELECTED AS PROVIDED IN DIVISION (A)(1)(a) 92
OR (d) OR (A)(2)(b) OF SECTION 1901.31 OF THE REVISED CODE MAY 93
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APPOINT AN ADMINISTRATIVE ASSISTANT. THE ADMINISTRATIVE 94
ASSISTANT SHALL HAVE CHARGE OF PERSONNEL RELATED MATTERS OF THE 95
COURT AND SHALL PERFORM ANY OTHER ADMINISTRATIVE DUTIES ASSIGNED 96
BY THE COURT. THE ADMINISTRATIVE ASSISTANT SHALL RECEIVE THE 97
COMPENSATION OUT OF THE CITY TREASURY THAT THE COURT PRESCRIBES, 98
EXCEPT THAT, IN A COUNTY-OPERATED MUNICIPAL COURT, THE
ADMINISTRATIVE ASSISTANT SHALL RECEIVE THE COMPENSATION OUT OF 99
THE TREASURY OF THE COUNTY IN WHICH THE COURT IS LOCATED THAT THE 100
COURT PRESCRIBES.
Sec. 1901.331. (A)(1) Except as provided in divisions 109
(A)(2) and (3) of this section, in those municipal courts in 110
which a housing or environmental division is established pursuant 111
to section 1901.011 of the Revised Code, the judge of the 112
division shall appoint a chief housing or environmental 113
specialist, may appoint one or more housing or environmental 114
specialists and housing or environmental division referees, and 115
may appoint for the division any employee or officer whom the 116
judges of a municipal court can appoint pursuant to section 117
1901.32 or DIVISION (A) OF SECTION 1901.33 of the Revised Code. 119
(2) For the housing division of the Toledo municipal 121
court, the judges of the court shall appoint a chief housing 122
specialist, may appoint one or more housing specialists and 123
housing division referees, and may appoint any employee or 124
officer whom the judges can appoint pursuant to section 1901.32 125
or DIVISION (A) OF SECTION 1901.33 of the Revised Code. 126
(3) For the environmental division of the Franklin county 128
municipal court, the judges of the court shall appoint a chief 129
environmental specialist, may appoint one or more environmental 130
specialists and environmental division referees, and may appoint 131
any employee or officer whom the judges can appoint pursuant to 132
section 1901.32 or DIVISION (A) OF SECTION 1901.33 of the Revised 134
Code. In lieu of, or in addition to, appointing environmental 135
specialists, environmental division referees, and other 136
environmental division employees or officers to perform duties 137
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only for that division, the judges of the court may appoint 138
environmental specialists, referees, and other employees and 139
officers to perform duties for the environmental division and the 140
other divisions of the court, and the administrative judge of the 141
court may assign other referees, employees, and officers of the 142
court to perform functions for the environmental division. 143
(4)(a) Except as otherwise provided in this division, the 145
chief housing or environmental specialist, housing or 146
environmental specialists, housing or environmental division 147
referees, and other employees and officers of the housing or 148
environmental division of a municipal court shall receive the 149
compensation that the legislative authority prescribes, and shall 150
be under the control of the judge of the division. 151
(b) The chief environmental specialist, environmental 153
specialists, environmental division referees, and other employees 154
and officers of the environmental division of the Franklin county 155
municipal court, during the time when they are performing duties 156
for that division, and any other referees, employees, and 157
officers of the court, during the time when they are performing 158
duties for the environmental division pursuant to an assignment 159
by the administrative judge of the court, shall be under the 160
control of the judge of the environmental division. 161
(B)(1) The chief housing or environmental specialist and 163
housing or environmental specialists of the housing or 164
environmental division of a municipal court shall be 165
knowledgeable in the maintenance, repair, and rehabilitation of 166
dwelling units and with respect to federal, state, and municipal 167
laws and ordinances that pertain to the maintenance, repair, and 168
rehabilitation of dwelling units. Subject to division (B)(2) of 169
this section, they shall provide expert assistance to the 170
division and the parties before the division in the areas of 171
their qualifications, perform mediation and field investigation 172
services, and perform any other duties that the judge of the 173
division prescribes. 174
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(2) The chief environmental specialist and, during the 176
time when they are performing duties for the environmental 177
division of the Franklin county municipal court, environmental 178
specialists shall provide expert assistance to the division and 179
the parties before the division in the areas of their 180
qualifications, perform mediation and field investigation 181
services, and perform any other duties that the judge of the 182
division prescribes. 183
Section 2. That existing sections 1901.33 and 1901.331 of 185
the Revised Code are hereby repealed. 186
Section 3. Section 1901.33 of the Revised Code is 188
presented in this act as a composite of the section as amended by 189
both Am. Sub. H.B. 438 and Sub. H.B. 670 of the 121st General 190
Assembly, with the new language of neither of the acts shown in 192
capital letters. This is in recognition of the principle stated 193
in division (B) of section 1.52 of the Revised Code that such 194
amendments are to be harmonized where not substantively 195
irreconcilable and constitutes a legislative finding that such is 196
the resulting version in effect prior to the effective date of 197
this act.