| Sec. 504.09. A board of township trustees shall determine | 15 |
|
its own rules and
order of business and keep a journal of its | 16 |
|
proceedings.
Notwithstanding section 507.04 of the Revised Code | 17 |
|
and anything to the contrary in section 504.04 of the Revised | 18 |
|
Code, the board may designate, by majority vote, any person to | 19 |
|
keep its journal and take the minutes of board meetings. A | 20 |
|
majority of the
members of the board constitutes a quorum. | 21 |
| Sec. 504.12. No resolution and no section or numbered or | 22 |
|
lettered division of a section shall be revised or amended unless | 23 |
|
the new resolution contains the entire resolution, section, or | 24 |
|
division as revised or amended, and the resolution, section, or | 25 |
|
division so amended shall be repealed. This requirement does not | 26 |
|
prevent the amendment of a resolution by the addition of a new | 27 |
|
section, or division, and in this case the full text of the
former | 28 |
|
resolution need not be set forth, nor does this section
prevent | 29 |
|
repeals by implication. Except in the case of a
codification or | 30 |
|
recodification of resolutions, a separate vote
shall be taken on | 31 |
|
each resolution proposed to be amended.
Resolutions that have been | 32 |
|
introduced and have received their
first reading or their first | 33 |
|
and second readings, but have not
been voted on for passage, may | 34 |
|
be amended or revised by a
majority vote of the members of the | 35 |
|
board of township trustees,
and the amended or revised resolution | 36 |
|
need not receive additional
readings. | 37 |
| The board of township trustees of a limited home
rule | 38 |
|
township may revise, codify, and publish in book form the | 39 |
|
resolutions of the township in the same manner as provided in | 40 |
|
section 731.23 of the Revised Code for municipal corporations.
| 41 |
|
Resolutions adopted by the board shall be published in the same | 42 |
|
manner as provided by sections 731.21, 731.22, 731.24, 731.25,
and | 43 |
|
731.26 of the Revised Code for municipal corporations, except
that | 44 |
|
they shall be published in newspapers circulating within the | 45 |
|
township. The clerk of the township shall perform the duties
that | 46 |
|
the clerk of the legislative authority of a municipal
corporation | 47 |
|
is required to perform under those sections. | 48 |
| Sec. 505.38. (A) In each township or fire district that
has | 52 |
|
a fire department, the head of
the department shall be
a
fire | 53 |
|
chief, appointed by the board of township trustees, except
that, | 54 |
|
in a joint fire district, the fire chief shall be
appointed
by the | 55 |
|
board of fire district trustees.
Neither this section
nor any | 56 |
|
other section of the Revised Code requires, or shall be construed | 57 |
|
to require,
that the fire chief be a resident of
the township or | 58 |
|
fire district. | 59 |
| The board shall provide
for the employment of
firefighters | 60 |
|
as it
considers best and shall fix their
compensation. No person | 61 |
|
shall be
appointed as a permanent
full-time paid member, whose | 62 |
|
duties include
fire
fighting, of the fire department of any | 63 |
|
township or fire district
unless
that person has received a | 64 |
|
certificate issued under
former
section 3303.07 or section 4765.55 | 65 |
|
of the Revised Code
evidencing
satisfactory completion of a | 66 |
|
firefighter
training
program.
Those appointees shall continue in | 67 |
|
office until
removed
from office as provided by sections 733.35 | 68 |
|
to
733.39
of the Revised Code. To
initiate removal proceedings, | 69 |
|
and
for
that purpose, the
board
shall designate the fire chief or | 70 |
|
a private citizen to
investigate the conduct and prepare the | 71 |
necessary charges in
conformity with
those sections
733.35 to | 72 |
733.39 of
the Revised Code. | 73 |
| (2) The person began serving as a permanent full-time paid | 89 |
|
firefighter with the fire department of a city or village
prior to | 90 |
|
July 2, 1970, or as a
volunteer firefighter with the fire | 91 |
|
department of a city,
village, or other township or fire district | 92 |
|
prior to
July 2, 1979, and receives a certificate issued under | 93 |
|
division
(C)(3) of section 4765.55 of
the Revised Code. | 94 |
| No person shall receive an appointment under this section,
in | 95 |
|
the case of a volunteer
firefighter, unless
the person has, not | 96 |
|
more than
sixty days prior to receiving
the
appointment, passed a | 97 |
|
physical examination, given by a
licensed
physician, showing that | 98 |
|
the person meets the physical
requirements
necessary to perform | 99 |
|
the duties of the position to
which the
person is appointed as | 100 |
|
established by the board of
township trustees
having jurisdiction | 101 |
over the appointment. The
appointing authority
shall, prior to | 102 |
|
making
an
appointment,
shall file with the
Ohio police
and fire | 103 |
|
pension
fund
or
the local volunteer fire fighters'
dependents
fund | 104 |
|
board a
copy of
the report or findings
of
that licensed | 105 |
|
physician. The
professional fee for
the
physical examination | 106 |
|
shall be paid
for
by the board of township
trustees. | 107 |
The board
of
township trustees may fix
the
compensation
for | 115 |
|
the
fire prevention officer and the fire prevention
officer's | 116 |
deputies as it considers best.
The board
of
township trustees | 117 |
|
shall appoint each fire prevention
officer
and deputy for a | 118 |
|
one-year term. An appointee may be reappointed
at the end of a | 119 |
|
term to another one-year term. Any appointee may
be removed from | 120 |
|
office during a term as provided by sections
733.35 to 733.39 of | 121 |
|
the Revised Code.
Section
505.45 of the
Revised Code
extends to
| 122 |
|
those officers. | 123 |
(C)(1) Division (A) of this section
shalldoes not apply to | 124 |
|
any
township
that has a population of ten thousand or more | 125 |
|
persons
residing within the township and outside of any municipal | 126 |
|
corporation,
that has its own fire department employing
ten
or | 127 |
|
more full-time paid employees, and
that has a civil
service | 128 |
|
commission established under division (B) of section
124.40 of
the | 129 |
|
Revised Code.
The
township shall comply with
the
procedures
for | 130 |
|
the employment, promotion, and discharge of
firefighters
provided | 131 |
by Chapter 124. of the Revised Code, except
that
theas
otherwise | 132 |
|
provided in divisions (C)(2) and (3) of this section. | 133 |
| (2) The board of
township trustees of the township may | 134 |
|
appoint
the fire
chief, and
any person so appointed shall be in | 135 |
|
the
unclassified
service under
section 124.11 of the Revised Code | 136 |
|
and
shall serve
at the pleasure
of the board.
Neither this section | 137 |
|
nor
any other section
of the
Revised Code requires, or shall be | 138 |
|
construed to require,
that the
fire chief be a resident of the | 139 |
|
township. A person
who
is
appointed fire chief
under these | 140 |
|
conditions
and who is removed by
the board or
resigns
from the | 141 |
|
position is entitled to return to
the classified service
in the | 142 |
|
township fire department in the
position held just
prior to the | 143 |
appointment as fire chief.
The | 144 |
| (6) Persons employed as
firefighters in
the township | 159 |
| described in this division on the date a
civil service
commission | 160 |
|
is appointed pursuant to division (B) of
section 124.40
of the | 161 |
Revised Code
shall, without being required
to pass a
competitive | 162 |
|
examination or a firefighter training
program,
shall retain
their | 163 |
|
employment and any rank previously granted
them by action of
the | 164 |
|
board of township trustees or otherwise, but
those
persons are | 165 |
|
eligible for promotion only by compliance with
Chapter
124. of the | 166 |
|
Revised Code. | 167 |
| (2) Except as otherwise provided in division (E)
of this | 175 |
|
section and subject to division (D) of this section, the
township | 176 |
|
trustees by a two-thirds vote of the board
shall appoint a chief | 177 |
|
of police for the district, determine the
number of patrol | 178 |
|
officers and other personnel required
by the district,
and | 179 |
|
establish salary schedules and other conditions of employment
for | 180 |
|
the employees of the township police district. The chief of | 181 |
|
police of the district shall serve at the pleasure of the
township | 182 |
|
trustees and shall appoint patrol officers
and other
personnel | 183 |
|
that the district may require, subject to division
(D) of this | 184 |
|
section and to the rules and
limits as to qualifications, salary | 185 |
ranges, and
numbers of
personnel established by the
township board | 186 |
|
of
township trustees. The
township trustees may include in the | 187 |
|
township police district and
under the direction and control of | 188 |
the chief of police, any
constable appointed pursuant to section | 189 |
|
509.01 of the Revised
Code, or may designate the chief of police | 190 |
|
or any patrol
officer appointed
by the chief of police as a | 191 |
|
constable, as provided for in
section 509.01 of the
Revised Code, | 192 |
|
for the township police district. | 193 |
| (3) Except as provided in division
(D) of this section, a | 194 |
|
patrol officer, other police district
employee, or police | 195 |
|
constable, who has been awarded a certificate attesting to the | 196 |
|
satisfactory
completion of an approved state, county, or
municipal | 197 |
|
police basic training program, as required by section
109.77 of | 198 |
|
the Revised Code, may be removed or suspended only
under the | 199 |
|
conditions and by the procedures in sections 505.491 to
505.495 of | 200 |
|
the Revised Code. Any other patrol
officer, police
district | 201 |
|
employee, or police constable shall serve at the
pleasure of the | 202 |
|
township trustees. In case of removal or
suspension of an | 203 |
|
appointee by the board of township
trustees, that appointee may | 204 |
|
appeal the
decision of the board to the court of common pleas of | 205 |
|
the county
in which the district is situated to determine the | 206 |
|
sufficiency
of the cause of removal or suspension. The appointee | 207 |
|
shall
take the appeal within ten days of written notice to the | 208 |
|
appointee of the
decision of the board. | 209 |
| (C)(1) Division (B) of this section does
not apply to a | 210 |
|
township that has a population
of ten thousand or more persons | 211 |
|
residing within the township and outside of any municipal | 212 |
|
corporation, that has its own police department employing ten or | 213 |
|
more full-time paid employees, and that has a civil service | 214 |
|
commission established under division (B) of section 124.40 of
the | 215 |
Revised Code.
That type ofThe township shall comply with the | 216 |
|
procedures
for the employment, promotion, and discharge of police | 217 |
|
personnel
provided by Chapter 124. of the Revised Code, except | 218 |
that theas otherwise provided in divisions (C)(2) and (3) of this | 219 |
|
section. | 220 |
| (2) The
board of township trustees of the township may | 221 |
|
appoint the chief
of police, and a person so appointed shall be in | 222 |
|
the
unclassified service under section 124.11 of the Revised Code | 223 |
|
and
shall serve at the pleasure of the board. A person appointed | 224 |
|
chief of police under these conditions who is removed by the
board | 225 |
|
or who resigns from the position shall be entitled to
return to | 226 |
|
the classified service in the township police
department, in the | 227 |
|
position that person held previous to
the person's appointment as | 228 |
chief of police.
The | 229 |
(5) Persons employed as police
personnel in
that type ofa | 238 |
|
township
described in this division on the date a civil
service | 239 |
|
commission
is appointed pursuant to division (B) of section 124.40 | 240 |
|
of the
Revised Code, without being required to pass a competitive | 241 |
|
examination or a police training program, shall retain their | 242 |
|
employment
and any rank previously granted them by action of the | 243 |
|
township
trustees or otherwise, but those persons are eligible for | 244 |
|
promotion only by compliance with Chapter 124. of the Revised | 245 |
Code.
This | 246 |
| (D)(1) The board of township trustees
shall not appoint or | 250 |
|
employ a person as a chief of police, and
the chief of police | 251 |
|
shall not appoint or employ a person as a
patrol officer or other | 252 |
|
peace officer of a township police district or
a township police | 253 |
|
department, on a permanent basis, on a
temporary basis, for a | 254 |
|
probationary term, or on other than a
permanent basis if the | 255 |
|
person previously has been convicted of or
has pleaded guilty to a | 256 |
|
felony. | 257 |
| (ii) Pleads guilty to a misdemeanor pursuant to
a negotiated | 263 |
|
plea agreement as provided in division
(D) of section 2929.29 of | 264 |
|
the
Revised
Code in which the chief of
police, patrol officer, or | 265 |
|
other peace officer of a township
police district or township | 266 |
|
police department agrees to
surrender the certificate awarded to | 267 |
|
that chief of police,
patrol officer, or other peace officer under | 268 |
|
section 109.77 of
the Revised
Code. | 269 |
| (b) The board shall suspend the appointment or
employment of | 270 |
|
a chief of police, patrol officer, or other peace
officer of a | 271 |
|
township police district or township police
department who is | 272 |
|
convicted, after trial, of a felony.
If the chief of police, | 273 |
|
patrol officer, or other peace
officer of a township police | 274 |
|
district or township police
department files an appeal from that | 275 |
|
conviction
and the conviction is upheld by the highest
court to | 276 |
|
which the appeal is taken or if no timely appeal is
filed, the | 277 |
|
board shall terminate the appointment or employment of
that chief | 278 |
|
of police, patrol officer, or other peace officer. If the
chief | 279 |
|
of police, patrol officer, or other peace officer of a township | 280 |
|
police district or township police department files an appeal
that | 281 |
|
results in that chief of police's, patrol officer's, or other | 282 |
|
peace
officer's acquittal of the felony or conviction of a | 283 |
|
misdemeanor,
or in
the dismissal of the felony charge against the | 284 |
|
chief of police,
patrol officer, or other peace officer, the
board | 285 |
|
shall reinstate that chief of police, patrol officer, or other | 286 |
|
peace officer. A chief of police, patrol officer, or other peace | 287 |
|
officer of a township police district or township police | 288 |
|
department who is reinstated under division
(D)(2)(b) of this | 289 |
|
section shall not receive
any back pay unless the conviction of | 290 |
|
that chief of police, patrol officer, or
other peace officer of | 291 |
|
the felony
was reversed on appeal, or the felony charge was | 292 |
|
dismissed, because the court found insufficient evidence to | 293 |
|
convict the chief of police, patrol officer, or other peace | 294 |
|
officer of
the felony. | 295 |
| (E) The board of township trustees may enter into a
contract | 302 |
|
under section 505.43 or 505.50 of the Revised Code to
obtain all | 303 |
|
police protection for the township police district
from one or | 304 |
|
more municipal corporations, county sheriffs, or
other townships. | 305 |
|
If the board enters into such a contract, subject
to division (D) | 306 |
|
of this section, it may, but is not required to,
appoint a police | 307 |
|
chief for the district. | 308 |
| (G) A chief of police or patrol
officer of a township police | 313 |
|
district, or of a township police department, may participate, as | 314 |
|
the director of an organized crime task force established under | 315 |
|
section 177.02 of the Revised Code or as a member of the | 316 |
|
investigatory staff of that task force, in an investigation of | 317 |
|
organized criminal activity in any county or counties in this | 318 |
|
state under sections 177.01 to 177.03 of the Revised Code. | 319 |
| (1) Classify occupations or industries with respect to
their | 323 |
|
degree of hazard and determine the risks of the different
classes | 324 |
|
according to the categories the national council on
compensation | 325 |
|
insurance establishes that are applicable to
employers in this | 326 |
state;. The administrator shall place employees of urban | 327 |
|
townships, as defined in section 504.01 of the Revised Code, in | 328 |
|
the same occupational classifications as employees of municipal | 329 |
|
corporations. | 330 |
| (2) Fix the rates of premium of the risks of the classes | 331 |
|
based upon the total payroll in each of the classes of occupation | 332 |
|
or industry sufficiently large to provide a fund for the | 333 |
|
compensation provided for in this chapter and to maintain a state | 334 |
|
insurance fund from year to year. The administrator shall set
the | 335 |
|
rates at a level that assures the solvency of the fund.
Where the | 336 |
|
payroll cannot be obtained or, in the opinion of the | 337 |
|
administrator, is not an adequate measure for determining the | 338 |
|
premium to be paid for the degree of hazard, the administrator
may | 339 |
|
determine the rates of premium upon such other basis,
consistent | 340 |
|
with insurance principles, as is equitable in view of
the degree | 341 |
|
of hazard, and whenever in this chapter reference is
made to | 342 |
|
payroll or expenditure of wages with reference to fixing
premiums, | 343 |
|
the reference shall be construed to have been made also
to such | 344 |
|
other basis for fixing the rates of premium as the
administrator | 345 |
|
may determine under this section. | 346 |
| (6) Make available to every employer who is paying
premiums | 400 |
to the state insurance fund a program whereby the
employer or
his | 401 |
| the employer's agent pays to the claimant or on
behalf of the | 402 |
|
claimant the first one thousand dollars of a compensable workers' | 403 |
|
compensation medical-only claim filed by that claimant that is | 404 |
|
related to the same injury or occupational disease. If an | 405 |
|
employer elects to enter the program, the administrator shall not | 406 |
|
reimburse the employer for such amounts paid and shall not charge | 407 |
|
the first one thousand dollars of any medical-only claim paid by | 408 |
|
an employer to the employer's experience or otherwise use it in | 409 |
|
merit rating or determining the risks of any employer for the | 410 |
|
purpose of payment of premiums under this chapter. The | 411 |
|
administrator shall adopt rules to implement and administer | 412 |
|
division (A)(6) of this section. | 413 |