The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 515As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
| |
REPRESENTATIVES Schmidt, Seitz, Raga, Brinkman, Hagan, Faber, Collier, Carano, Seaver, Schaffer, Lendrum, Fessler, Grendell, Blasdel, Schneider
A BILL
To amend sections 504.09, 504.12, 505.38,
505.49,
and 4123.29 of
the Revised Code to
make changes relating to the
keeping of the board
of township trustees' journal,
the taking of
minutes of board meetings, and the
publication of
board resolutions in a home rule
township; to allow
civil service townships that are
urban townships to
appoint any one of the three
highest scorers on a
police or fire department
promotional exam; and to place
urban township employees in
the same occupational
classifications as municipal
employees for workers'
compensation purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 504.09, 504.12, 505.38,
505.49,
and 4123.29 of the Revised
Code be amended to read
as follows:
Sec. 504.09. A board of township trustees shall determine
its own rules and
order of business and keep a journal of its
proceedings.
Notwithstanding section 507.04 of the Revised Code
and anything to the contrary in section 504.04 of the Revised
Code, the board may designate, by majority vote, any person to
keep its journal and take the minutes of board meetings. A
majority of the
members of the board constitutes a quorum.
Sec. 504.12. No resolution and no section or numbered or
lettered division of a section shall be revised or amended unless
the new resolution contains the entire resolution, section, or
division as revised or amended, and the resolution, section, or
division so amended shall be repealed. This requirement does not
prevent the amendment of a resolution by the addition of a new
section, or division, and in this case the full text of the
former
resolution need not be set forth, nor does this section
prevent
repeals by implication. Except in the case of a
codification or
recodification of resolutions, a separate vote
shall be taken on
each resolution proposed to be amended.
Resolutions that have been
introduced and have received their
first reading or their first
and second readings, but have not
been voted on for passage, may
be amended or revised by a
majority vote of the members of the
board of township trustees,
and the amended or revised resolution
need not receive additional
readings. The board of township trustees of a limited home
rule
township may revise, codify, and publish in book form the
resolutions of the township in the same manner as provided in
section 731.23 of the Revised Code for municipal corporations.
Resolutions adopted by the board shall be published in the same
manner as provided by sections 731.21, 731.22, 731.24, 731.25,
and
731.26 of the Revised Code for municipal corporations, except
that
they shall be published in newspapers circulating within the
township. The clerk of the township shall perform the duties
that
the clerk of the legislative authority of a municipal
corporation
is required to perform under those sections.
The procedures provided in this section apply only to
resolutions adopted pursuant to a township's limited home rule
powers as authorized by this chapter.
Sec. 505.38. (A) In each township or fire district that
has
a fire department, the head of
the department shall be
a
fire
chief, appointed by the board of township trustees, except
that,
in a joint fire district, the fire chief shall be
appointed
by the
board of fire district trustees.
Neither this section
nor any
other section of the Revised Code requires, or shall be construed
to require,
that the fire chief be a resident of
the township or
fire district. The board shall provide
for the employment of
firefighters
as it
considers best and shall fix their
compensation. No person
shall be
appointed as a permanent
full-time paid member, whose
duties include
fire
fighting, of the fire department of any
township or fire district
unless
that person has received a
certificate issued under
former
section 3303.07 or section 4765.55
of the Revised Code
evidencing
satisfactory completion of a
firefighter
training
program.
Those appointees shall continue in
office until
removed
from office as provided by sections 733.35
to
733.39
of the Revised Code. To
initiate removal proceedings,
and
for
that purpose, the
board
shall designate the fire chief or
a private citizen to
investigate the conduct and prepare the
necessary charges in
conformity with
those sections
733.35 to
733.39 of
the Revised Code. In case of the removal of a fire chief or any member of the
fire department of a township or
fire district, an appeal may be
had
from the decision of the board to the court of common pleas of
the county in which
the township or
fire district
fire
department
is
situated to determine the sufficiency of the cause
of removal.
The appeal from the findings of the board shall
be taken
within
ten days. No person who is appointed as a volunteer
firefighter of the
fire department of any township or fire district
shall remain in
that position
unless either of the
following applies: (1) Within one year
of the appointment, the person has
received
a certificate issued under
former section 3303.07 of the
Revised Code or division (C)(1) or (2)
of section 4765.55 of the
Revised Code
evidencing satisfactory completion of a
firefighter
training program. (2) The person began serving as a permanent full-time paid
firefighter with the fire department of a city or village
prior to
July 2, 1970, or as a
volunteer firefighter with the fire
department of a city,
village, or other township or fire district
prior to
July 2, 1979, and receives a certificate issued under
division
(C)(3) of section 4765.55 of
the Revised Code. No person shall receive an appointment under this section,
in
the case of a volunteer
firefighter, unless
the person has, not
more than
sixty days prior to receiving
the
appointment, passed a
physical examination, given by a
licensed
physician, showing that
the person meets the physical
requirements
necessary to perform
the duties of the position to
which the
person is appointed as
established by the board of
township trustees
having jurisdiction
over the appointment. The
appointing authority
shall, prior to
making
an
appointment,
shall file with the
Ohio police
and fire
pension
fund
or
the local volunteer fire fighters'
dependents
fund
board a
copy of
the report or findings
of
that licensed
physician. The
professional fee for
the
physical examination
shall be paid
for
by the board of township
trustees. (B) In each township not having a fire department, the
board
of
township trustees shall appoint a fire prevention officer who
shall exercise all of the duties of a fire chief except those
involving the maintenance and operation of fire apparatus. The
board
of
township trustees may appoint one or more deputy fire
prevention
officers who shall exercise the duties assigned by
the
fire
prevention officer. The board
of
township trustees may fix
the
compensation
for
the
fire prevention officer and the fire prevention
officer's
deputies as it considers best.
The board
of
township trustees
shall appoint each fire prevention
officer
and deputy for a
one-year term. An appointee may be reappointed
at the end of a
term to another one-year term. Any appointee may
be removed from
office during a term as provided by sections
733.35 to 733.39 of
the Revised Code.
Section
505.45 of the
Revised Code
extends to
those officers. (C)(1) Division (A) of this section
shall
does not apply to
any
township
that has a population of ten thousand or more
persons
residing within the township and outside of any municipal
corporation,
that has its own fire department employing
ten
or
more full-time paid employees, and
that has a civil
service
commission established under division (B) of section
124.40 of
the
Revised Code.
The
township shall comply with
the
procedures
for
the employment, promotion, and discharge of
firefighters
provided
by Chapter 124. of the Revised Code, except
that
the
as
otherwise
provided in divisions (C)(2) and (3) of this section. (2) The board of
township trustees of the township may
appoint
the fire
chief, and
any person so appointed shall be in
the
unclassified
service under
section 124.11 of the Revised Code
and
shall serve
at the pleasure
of the board.
Neither this section
nor
any other section
of the
Revised Code requires, or shall be
construed to require,
that the
fire chief be a resident of the
township. A person
who
is
appointed fire chief
under these
conditions
and who is removed by
the board or
resigns
from the
position is entitled to return to
the classified service
in the
township fire department in the
position held just
prior to the
appointment as fire chief.
The (3) The appointing authority of an urban township, as
defined in section 504.01 of the Revised Code, may appoint to a
vacant position any one of the three highest scorers on the
eligible list for a promotional examination. (4) The
board of township
trustees shall
determine the
number of personnel
required and
establish salary
schedules and
conditions of
employment not in
conflict with
Chapter 124. of the
Revised Code.
No (5) No person shall
receive an
original appointment as a
permanent
full-time paid
member of the
fire department of
the
township
described in this division
unless the
person has
received
a certificate issued under
former
section 3303.07
or
section
4765.55 of the Revised Code
evidencing
the
satisfactory
completion
of a firefighter
training
program.
Persons (6) Persons employed as
firefighters in
the township
described in this division on the date a
civil service
commission
is appointed pursuant to division (B) of
section 124.40
of the
Revised Code
shall, without being required
to pass a
competitive
examination or a firefighter training
program,
shall retain
their
employment and any rank previously granted
them by action of
the
board of township trustees or otherwise, but
those
persons are
eligible for promotion only by compliance with
Chapter
124. of the
Revised Code.
Sec. 505.49. (A) As used in this section, "felony"
has the
same meaning as in section 109.511 of the Revised Code. (B)(1) The township trustees by a two-thirds
vote of the
board may adopt rules necessary for the operation of
the township
police district, including a determination of the
qualifications
of the chief of police, patrol
officers, and others to
serve as
members of the district police force. (2) Except as otherwise provided in division (E)
of this
section and subject to division (D) of this section, the
township
trustees by a two-thirds vote of the board
shall appoint a chief
of police for the district, determine the
number of patrol
officers and other personnel required
by the district,
and
establish salary schedules and other conditions of employment
for
the employees of the township police district. The chief of
police of the district shall serve at the pleasure of the
township
trustees and shall appoint patrol officers
and other
personnel
that the district may require, subject to division
(D) of this
section and to the rules and
limits as to qualifications, salary
ranges, and
numbers of
personnel established by the
township board
of
township trustees. The
township trustees may include in the
township police district and
under the direction and control of
the chief of police, any
constable appointed pursuant to section
509.01 of the Revised
Code, or may designate the chief of police
or any patrol
officer appointed
by the chief of police as a
constable, as provided for in
section 509.01 of the
Revised Code,
for the township police district. (3) Except as provided in division
(D) of this section, a
patrol officer, other police district
employee, or police
constable, who has been awarded a certificate attesting to the
satisfactory
completion of an approved state, county, or
municipal
police basic training program, as required by section
109.77 of
the Revised Code, may be removed or suspended only
under the
conditions and by the procedures in sections 505.491 to
505.495 of
the Revised Code. Any other patrol
officer, police
district
employee, or police constable shall serve at the
pleasure of the
township trustees. In case of removal or
suspension of an
appointee by the board of township
trustees, that appointee may
appeal the
decision of the board to the court of common pleas of
the county
in which the district is situated to determine the
sufficiency
of the cause of removal or suspension. The appointee
shall
take the appeal within ten days of written notice to the
appointee of the
decision of the board. (C)(1) Division (B) of this section does
not apply to a
township that has a population
of ten thousand or more persons
residing within the township and outside of any municipal
corporation, that has its own police department employing ten or
more full-time paid employees, and that has a civil service
commission established under division (B) of section 124.40 of
the
Revised Code.
That type of
The township shall comply with the
procedures
for the employment, promotion, and discharge of police
personnel
provided by Chapter 124. of the Revised Code, except
that the
as otherwise provided in divisions (C)(2) and (3) of this
section. (2) The
board of township trustees of the township may
appoint the chief
of police, and a person so appointed shall be in
the
unclassified service under section 124.11 of the Revised Code
and
shall serve at the pleasure of the board. A person appointed
chief of police under these conditions who is removed by the
board
or who resigns from the position shall be entitled to
return to
the classified service in the township police
department, in the
position that person held previous to
the person's appointment as
chief of police.
The (3) The appointing authority of an urban township, as defined
in section 504.01 of the Revised Code, may appoint to a vacant
position any one of the three highest scorers on the eligible list
for a promotional examination. (4) The board of
township trustees shall
determine the number
of personnel required and establish salary
schedules and
conditions of employment not in conflict with
Chapter 124. of the
Revised Code.
Persons (5) Persons employed as police
personnel in
that type of
a
township
described in this division on the date a civil
service
commission
is appointed pursuant to division (B) of section 124.40
of the
Revised Code, without being required to pass a competitive
examination or a police training program, shall retain their
employment
and any rank previously granted them by action of the
township
trustees or otherwise, but those persons are eligible for
promotion only by compliance with Chapter 124. of the Revised
Code.
This (6) This division does not apply to constables appointed
pursuant to section 509.01 of the Revised Code. This division is
subject
to division (D) of this section. (D)(1) The board of township trustees
shall not appoint or
employ a person as a chief of police, and
the chief of police
shall not appoint or employ a person as a
patrol officer or other
peace officer of a township police district or
a township police
department, on a permanent basis, on a
temporary basis, for a
probationary term, or on other than a
permanent basis if the
person previously has been convicted of or
has pleaded guilty to a
felony. (2)(a) The board of township trustees shall
terminate the
appointment or employment of a chief of police,
patrol officer, or
other peace officer of a township police district
or township
police department who does either of the following: (i) Pleads guilty to a felony; (ii) Pleads guilty to a misdemeanor pursuant to
a negotiated
plea agreement as provided in division
(D) of section 2929.29 of
the
Revised
Code in which the chief of
police, patrol officer, or
other peace officer of a township
police district or township
police department agrees to
surrender the certificate awarded to
that chief of police,
patrol officer, or other peace officer under
section 109.77 of
the Revised
Code. (b) The board shall suspend the appointment or
employment of
a chief of police, patrol officer, or other peace
officer of a
township police district or township police
department who is
convicted, after trial, of a felony.
If the chief of police,
patrol officer, or other peace
officer of a township police
district or township police
department files an appeal from that
conviction
and the conviction is upheld by the highest
court to
which the appeal is taken or if no timely appeal is
filed, the
board shall terminate the appointment or employment of
that chief
of police, patrol officer, or other peace officer. If the
chief
of police, patrol officer, or other peace officer of a township
police district or township police department files an appeal
that
results in that chief of police's, patrol officer's, or other
peace
officer's acquittal of the felony or conviction of a
misdemeanor,
or in
the dismissal of the felony charge against the
chief of police,
patrol officer, or other peace officer, the
board
shall reinstate that chief of police, patrol officer, or other
peace officer. A chief of police, patrol officer, or other peace
officer of a township police district or township police
department who is reinstated under division
(D)(2)(b) of this
section shall not receive
any back pay unless the conviction of
that chief of police, patrol officer, or
other peace officer of
the felony
was reversed on appeal, or the felony charge was
dismissed, because the court found insufficient evidence to
convict the chief of police, patrol officer, or other peace
officer of
the felony. (3) Division (D) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997. (4) The suspension or termination of the appointment or
employment of a
chief of police, patrol officer, or other peace
officer under division
(D)(2) of this section shall be in
accordance with Chapter
119. of the Revised Code. (E) The board of township trustees may enter into a
contract
under section 505.43 or 505.50 of the Revised Code to
obtain all
police protection for the township police district
from one or
more municipal corporations, county sheriffs, or
other townships.
If the board enters into such a contract, subject
to division (D)
of this section, it may, but is not required to,
appoint a police
chief for the district. (F) The members of the police force of a township police
district of a township that adopts the limited self-government
form of township government shall serve as peace officers for the
township territory included in the district. (G) A chief of police or patrol
officer of a township police
district, or of a township police department, may participate, as
the director of an organized crime task force established under
section 177.02 of the Revised Code or as a member of the
investigatory staff of that task force, in an investigation of
organized criminal activity in any county or counties in this
state under sections 177.01 to 177.03 of the Revised Code.
Sec. 4123.29. (A) The administrator of workers'
compensation, subject to the approval of the workers'
compensation
oversight commission, shall do all of the
following: (1) Classify occupations or industries with respect to
their
degree of hazard and determine the risks of the different
classes
according to the categories the national council on
compensation
insurance establishes that are applicable to
employers in this
state;. The administrator shall place employees of urban
townships, as defined in section 504.01 of the Revised Code, in
the same occupational classifications as employees of municipal
corporations. (2) Fix the rates of premium of the risks of the classes
based upon the total payroll in each of the classes of occupation
or industry sufficiently large to provide a fund for the
compensation provided for in this chapter and to maintain a state
insurance fund from year to year. The administrator shall set
the
rates at a level that assures the solvency of the fund.
Where the
payroll cannot be obtained or, in the opinion of the
administrator, is not an adequate measure for determining the
premium to be paid for the degree of hazard, the administrator
may
determine the rates of premium upon such other basis,
consistent
with insurance principles, as is equitable in view of
the degree
of hazard, and whenever in this chapter reference is
made to
payroll or expenditure of wages with reference to fixing
premiums,
the reference shall be construed to have been made also
to such
other basis for fixing the rates of premium as the
administrator
may determine under this section. The administrator in setting or revising rates shall
furnish
to employers an adequate explanation of the basis for the
rates
set. (3) Develop and make available to employers who are paying
premiums to the state insurance fund alternative premium plans.
Alternative premium plans shall include retrospective rating
plans. The administrator may make available plans under which an
advanced deposit may be applied against a specified deductible
amount per claim. (4) Offer to insure the obligations of employers under
this
chapter under a plan that groups, for rating purposes,
employers,
and pools the risk of the employers within the group
provided that
the employers meet all of the following conditions: (a) All of the employers within the group are members of
an
organization that has been in existence for at least two years
prior to the date of application for group coverage;. (b) The organization was formed for purposes other than
that
of obtaining group workers' compensation under this
division;. (c) The employers' business in the organization is
substantially similar, such that the risks
which
that are grouped
are
substantially homogeneous;. (d) The group of employers consists of at least one
hundred
members or the aggregate workers' compensation premiums
of the
members, as determined by the administrator,
are expected
to
exceed one hundred fifty thousand dollars during the coverage
period;. (e) The formation and operation of the group program in
the
organization will substantially improve accident prevention
and
claims handling for the employers in the group;. (f) Each employer seeking to enroll in a group for
workers'
compensation coverage has an industrial insurance
account in good
standing with the bureau of workers' compensation,
such that, at
the time the agreement is processed, no outstanding
premiums,
penalties, or assessments are due from any of the
employers. In providing employer group plans under division (A)(4) of
this section, the administrator shall consider an employer group
as a single employing entity for purposes of retrospective
rating.
No employer may be a member of more than one group for
the purpose
of obtaining workers' compensation coverage under
this division. In no event shall division (A)(4) of this section be
construed as granting to an employer status as a self-insuring
employer. The administrator shall develop classifications of
occupations or industries that are sufficiently distinct so as
not
to group employers in classifications that unfairly represent
the
risks of employment with the employer. (5) Generally promote employer participation in the state
insurance fund through the regular dissemination of information
to
all classes of employers describing the advantages and
benefits of
opting to make premium payments to the fund. To that
end, the
administrator shall regularly make employers aware of
the various
workers' compensation premium packages developed and
offered
pursuant to this section. (6) Make available to every employer who is paying
premiums
to the state insurance fund a program whereby the
employer or
his
the employer's agent pays to the claimant or on
behalf of the
claimant the first one thousand dollars of a compensable workers'
compensation medical-only claim filed by that claimant that is
related to the same injury or occupational disease. If an
employer elects to enter the program, the administrator shall not
reimburse the employer for such amounts paid and shall not charge
the first one thousand dollars of any medical-only claim paid by
an employer to the employer's experience or otherwise use it in
merit rating or determining the risks of any employer for the
purpose of payment of premiums under this chapter. The
administrator shall adopt rules to implement and administer
division (A)(6) of this section. (B) The administrator, with the
advice and consent of the
oversight commission, by
rule, may do both of the following: (1) Grant an employer who makes
his
the employer's
semiannual
premium
payment at least one month prior to the last
day on which the
payment may be made without penalty, a discount
as the
administrator fixes from time to time; (2) Levy a minimum annual administrative charge upon risks
where semiannual premium reports develop a charge less than
he
the
administrator
considers adequate to offset administrative costs of
processing.
Section 2. That existing sections 504.09, 504.12,
505.38,
505.49, and 4123.29 of the Revised Code are hereby
repealed.
|
|