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(123rd General Assembly)(Senate Bill Number 325)
AN ACT
To amend sections 1901.33 and 1901.331 of the Revised Code to permit the
judges of a municipal court with an elected clerk to appoint an administrative
assistant for personnel matters.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 1901.33 and 1901.331 of the Revised Code be amended
to read as follows:
Sec. 1901.33. (A) The judge or judges of a municipal court may
appoint one or more interpreters, one or more mental
health professionals, one
or more probation officers, an assignment commissioner,
deputy assignment commissioners, and other court aides
on a full-time, part-time, hourly, or other basis. Each appointee shall
receive the compensation out of the city treasury that the legislative
authority prescribes, except that in a county-operated municipal
court they shall receive the compensation out of the treasury of
the county in which the court is located that the board of county
commissioners prescribes. Probation officers have all the powers
of regular police officers and shall perform any duties that are
designated by the judge or judges of the court. Assignment
commissioners shall assign cases for trial and perform any other
duties that the court directs. The judge or judges may appoint one or more typists,
stenographers, statistical clerks, and official court reporters,
each of whom shall be paid the compensation out of the city
treasury that the legislative authority prescribes, except that in
a county-operated municipal court they shall be paid the
compensation out of the treasury of the county in which the court
is located that the board of county commissioners prescribes. (B) If a municipal court appoints one or more probation officers, those
officers shall constitute the municipal court department of probation unless
the court designates other employees as the department of probation for the
court. (C) The chief probation officer may grant permission to a probation officer
to carry firearms when required in the discharge of the probation
officer's official
duties,
provided that any probation officer who is granted permission to carry
firearms in the discharge of the probation officer's official
duties, within six months of
receiving permission to carry a firearm, shall
successfully complete a basic firearm training program that is
conducted at a training school approved by the Ohio peace officer training
commission and that is substantially similar to the basic firearm training
program for peace officers conducted at the Ohio peace officer training
academy and receive a certificate of satisfactory completion of that program
from the executive director of the Ohio peace officer training commission.
Any
probation officer who does not successfully complete a basic firearm training
program within the six-month period after receiving permission to carry a
firearm shall not carry, after the expiration of that six-month period, a
firearm in the discharge of the probation officer's official duties
until the probation officer has
successfully
completed a basic firearm training program. A probation officer who has
received a certificate of satisfactory completion of a basic firearm training
program, to maintain the right to carry a firearm in the discharge of
the probation officer's
official duties, annually shall successfully complete a firearms
requalification program in accordance with section 109.801 of the Revised
Code. (D) The judge or judges of a municipal court in which the clerk
of the court is elected as provided in division
(A)(1)(a) or (d) or
(A)(2)(b) of section 1901.31 of the Revised Code may appoint an
administrative assistant. The administrative assistant shall have charge of
personnel related matters of the court and shall perform any other
administrative duties assigned by the court. The administrative assistant
shall receive the compensation out of the city treasury that the court
prescribes, except that, in a county-operated municipal court, the
administrative assistant shall receive the compensation out of the treasury of
the county in which the court is located that the court prescribes. Sec. 1901.331. (A)(1) Except as provided in divisions
(A)(2) and (3) of this section, in those municipal courts in
which a housing or environmental division is established pursuant
to section 1901.011 of the Revised Code, the judge of the
division shall appoint a chief housing or environmental
specialist, may appoint one or more housing or environmental
specialists and housing or environmental division referees, and
may appoint for the division any employee or officer whom the
judges of a municipal court can appoint pursuant to section
1901.32 or division (A) of section 1901.33 of the Revised
Code. (2) For the housing division of the Toledo municipal
court, the judges of the court shall appoint a chief housing
specialist, may appoint one or more housing specialists and
housing division referees, and may appoint any employee or
officer whom the judges can appoint pursuant to section 1901.32
or division (A) of section 1901.33 of the Revised Code. (3) For the environmental division of the Franklin county
municipal court, the judges of the court shall appoint a chief
environmental specialist, may appoint one or more environmental
specialists and environmental division referees, and may appoint
any employee or officer whom the judges can appoint pursuant to
section 1901.32 or division (A) of section 1901.33 of the
Revised Code. In lieu of, or
in addition to, appointing environmental specialists,
environmental division referees, and other environmental division
employees or officers to perform duties only for that division,
the judges of the court may appoint environmental specialists,
referees, and other employees and officers to perform duties for
the environmental division and the other divisions of the court,
and the administrative judge of the court may assign other
referees, employees, and officers of the court to perform
functions for the environmental division. (4)(a) Except as otherwise provided in this division, the
chief housing or environmental specialist, housing or
environmental specialists, housing or environmental division
referees, and other employees and officers of the housing or
environmental division of a municipal court shall receive the
compensation that the legislative authority prescribes, and shall
be under the control of the judge of the division. (b) The chief environmental specialist, environmental
specialists, environmental division referees, and other employees
and officers of the environmental division of the Franklin county
municipal court, during the time when they are performing duties
for that division, and any other referees, employees, and
officers of the court, during the time when they are performing
duties for the environmental division pursuant to an assignment
by the administrative judge of the court, shall be under the
control of the judge of the environmental division. (B)(1) The chief housing or environmental specialist and
housing or environmental specialists of the housing or
environmental division of a municipal court shall be
knowledgeable in the maintenance, repair, and rehabilitation of
dwelling units and with respect to federal, state, and municipal
laws and ordinances that pertain to the maintenance, repair, and
rehabilitation of dwelling units. Subject to division (B)(2) of
this section, they shall provide expert assistance to the
division and the parties before the division in the areas of
their qualifications, perform mediation and field investigation
services, and perform any other duties that the judge of the
division prescribes. (2) The chief environmental specialist and, during the
time when they are performing duties for the environmental
division of the Franklin county municipal court, environmental
specialists shall provide expert assistance to the division and
the parties before the division in the areas of their
qualifications, perform mediation and field investigation
services, and perform any other duties that the judge of the
division prescribes. SECTION 2 . That existing sections 1901.33 and 1901.331 of the Revised Code are
hereby repealed.
SECTION 3 . Section 1901.33 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 438 and Sub. H.B. 670 of the 121st General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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