As Passed by the House 1
123rd General Assembly 4
Regular Session S. B. No. 325 5
1999-2000 6
SENATORS OELSLAGER-HERINGTON-HOTTINGER 8
REPRESENTATIVES MEAD-BARNES-DiPIERO-D. MILLER-ASLANIDES- 10
STEVENS-ALLEN-EVANS-BRITTON-PATTON-BOYD-SMITH-BARRETT 11
_________________________________________________________________ 12
A B I L L
To amend sections 1901.33 and 1901.331 of the 14
Revised Code to permit the judges of a municipal 15
court with an elected clerk to appoint an
administrative assistant for personnel matters. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 1901.33 and 1901.331 of the 20
Revised Code be amended to read as follows: 21
Sec. 1901.33. (A) The judge or judges of a municipal 34
court may appoint one or more interpreters, one or more mental 35
health professionals, one or more probation officers, an 37
assignment commissioner, deputy assignment commissioners, and 38
other court aides on a full-time, part-time, hourly, or other 39
basis. Each appointee shall receive the compensation out of the 40
city treasury that the legislative authority prescribes, except 41
that in a county-operated municipal court they shall receive the 42
compensation out of the treasury of the county in which the court 43
is located that the board of county commissioners prescribes. 44
Probation officers have all the powers of regular police officers 45
and shall perform any duties that are designated by the judge or 46
judges of the court. Assignment commissioners shall assign cases 47
for trial and perform any other duties that the court directs. 48
The judge or judges may appoint one or more typists, 50
stenographers, statistical clerks, and official court reporters, 51
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each of whom shall be paid the compensation out of the city 52
treasury that the legislative authority prescribes, except that 53
in a county-operated municipal court they shall be paid the 54
compensation out of the treasury of the county in which the court 55
is located that the board of county commissioners prescribes. 56
(B) If a municipal court appoints one or more probation 58
officers, those officers shall constitute the municipal court 59
department of probation unless the court designates other 60
employees as the department of probation for the court. 61
(C) The chief probation officer may grant permission to a 63
probation officer to carry firearms when required in the 64
discharge of the probation officer's official duties, provided 67
that any probation officer who is granted permission to carry
firearms in the discharge of the probation officer's official 68
duties, within six months of receiving permission to carry a 70
firearm, shall successfully complete a basic firearm training 71
program that is conducted at a training school approved by the 72
Ohio peace officer training commission and that is substantially 73
similar to the basic firearm training program for peace officers 74
conducted at the Ohio peace officer training academy and receive 75
a certificate of satisfactory completion of that program from the 76
executive director of the Ohio peace officer training commission.
Any probation officer who does not successfully complete a basic 78
firearm training program within the six-month period after 79
receiving permission to carry a firearm shall not carry, after 80
the expiration of that six-month period, a firearm in the 81
discharge of the probation officer's official duties until the 82
probation officer has successfully completed a basic firearm 84
training program. A probation officer who has received a 85
certificate of satisfactory completion of a basic firearm
training program, to maintain the right to carry a firearm in the 86
discharge of the probation officer's official duties, annually 88
shall successfully complete a firearms requalification program in 89
accordance with section 109.801 of the Revised Code. 90
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(D) THE JUDGE OR JUDGES OF A MUNICIPAL COURT IN WHICH THE 92
CLERK OF THE COURT IS ELECTED AS PROVIDED IN DIVISION (A)(1)(a) 94
OR (d) OR (A)(2)(b) OF SECTION 1901.31 OF THE REVISED CODE MAY 95
APPOINT AN ADMINISTRATIVE ASSISTANT. THE ADMINISTRATIVE 96
ASSISTANT SHALL HAVE CHARGE OF PERSONNEL RELATED MATTERS OF THE 97
COURT AND SHALL PERFORM ANY OTHER ADMINISTRATIVE DUTIES ASSIGNED 98
BY THE COURT. THE ADMINISTRATIVE ASSISTANT SHALL RECEIVE THE 99
COMPENSATION OUT OF THE CITY TREASURY THAT THE COURT PRESCRIBES, 100
EXCEPT THAT, IN A COUNTY-OPERATED MUNICIPAL COURT, THE
ADMINISTRATIVE ASSISTANT SHALL RECEIVE THE COMPENSATION OUT OF 101
THE TREASURY OF THE COUNTY IN WHICH THE COURT IS LOCATED THAT THE 102
COURT PRESCRIBES.
Sec. 1901.331. (A)(1) Except as provided in divisions 111
(A)(2) and (3) of this section, in those municipal courts in 112
which a housing or environmental division is established pursuant 113
to section 1901.011 of the Revised Code, the judge of the 114
division shall appoint a chief housing or environmental 115
specialist, may appoint one or more housing or environmental 116
specialists and housing or environmental division referees, and 117
may appoint for the division any employee or officer whom the 118
judges of a municipal court can appoint pursuant to section 119
1901.32 or DIVISION (A) OF SECTION 1901.33 of the Revised Code. 121
(2) For the housing division of the Toledo municipal 123
court, the judges of the court shall appoint a chief housing 124
specialist, may appoint one or more housing specialists and 125
housing division referees, and may appoint any employee or 126
officer whom the judges can appoint pursuant to section 1901.32 127
or DIVISION (A) OF SECTION 1901.33 of the Revised Code. 128
(3) For the environmental division of the Franklin county 130
municipal court, the judges of the court shall appoint a chief 131
environmental specialist, may appoint one or more environmental 132
specialists and environmental division referees, and may appoint 133
any employee or officer whom the judges can appoint pursuant to 134
section 1901.32 or DIVISION (A) OF SECTION 1901.33 of the Revised 136
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Code. In lieu of, or in addition to, appointing environmental 137
specialists, environmental division referees, and other 138
environmental division employees or officers to perform duties 139
only for that division, the judges of the court may appoint 140
environmental specialists, referees, and other employees and 141
officers to perform duties for the environmental division and the 142
other divisions of the court, and the administrative judge of the 143
court may assign other referees, employees, and officers of the 144
court to perform functions for the environmental division. 145
(4)(a) Except as otherwise provided in this division, the 147
chief housing or environmental specialist, housing or 148
environmental specialists, housing or environmental division 149
referees, and other employees and officers of the housing or 150
environmental division of a municipal court shall receive the 151
compensation that the legislative authority prescribes, and shall 152
be under the control of the judge of the division. 153
(b) The chief environmental specialist, environmental 155
specialists, environmental division referees, and other employees 156
and officers of the environmental division of the Franklin county 157
municipal court, during the time when they are performing duties 158
for that division, and any other referees, employees, and 159
officers of the court, during the time when they are performing 160
duties for the environmental division pursuant to an assignment 161
by the administrative judge of the court, shall be under the 162
control of the judge of the environmental division. 163
(B)(1) The chief housing or environmental specialist and 165
housing or environmental specialists of the housing or 166
environmental division of a municipal court shall be 167
knowledgeable in the maintenance, repair, and rehabilitation of 168
dwelling units and with respect to federal, state, and municipal 169
laws and ordinances that pertain to the maintenance, repair, and 170
rehabilitation of dwelling units. Subject to division (B)(2) of 171
this section, they shall provide expert assistance to the 172
division and the parties before the division in the areas of 173
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their qualifications, perform mediation and field investigation 174
services, and perform any other duties that the judge of the 175
division prescribes. 176
(2) The chief environmental specialist and, during the 178
time when they are performing duties for the environmental 179
division of the Franklin county municipal court, environmental 180
specialists shall provide expert assistance to the division and 181
the parties before the division in the areas of their 182
qualifications, perform mediation and field investigation 183
services, and perform any other duties that the judge of the 184
division prescribes. 185
Section 2. That existing sections 1901.33 and 1901.331 of 187
the Revised Code are hereby repealed. 188
Section 3. Section 1901.33 of the Revised Code is 190
presented in this act as a composite of the section as amended by 191
both Am. Sub. H.B. 438 and Sub. H.B. 670 of the 121st General 192
Assembly, with the new language of neither of the acts shown in 194
capital letters. This is in recognition of the principle stated 195
in division (B) of section 1.52 of the Revised Code that such 196
amendments are to be harmonized where not substantively 197
irreconcilable and constitutes a legislative finding that such is 198
the resulting version in effect prior to the effective date of 199
this act.