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H. B. No. 187 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Brenner, Fedor
A BILL
To amend section 311.01 of the Revised Code to change
the education and experience requirements
necessary for eligibility to be a candidate for
the office of sheriff.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 311.01 of the Revised Code be amended
to read as follows:
Sec. 311.01. (A) A sheriff shall be elected quadrennially in
each county. A sheriff shall hold office for a term of four years,
beginning on the first Monday of January next after the sheriff's
election.
(B) Except as otherwise provided in this section, no person
is eligible to be a candidate for sheriff, and no person shall be
elected or appointed to the office of sheriff, unless that person
meets all of the following requirements:
(1) The person is a citizen of the United States.
(2) The person has been a resident of the county in which the
person is a candidate for or is appointed to the office of sheriff
for at least one year immediately prior to the qualification date.
(3) The person has the qualifications of an elector as
specified in section 3503.01 of the Revised Code and has complied
with all applicable election laws.
(4) The person has been awarded a high school diploma or a
certificate of high school equivalence issued for achievement of
specified minimum scores on the general educational development
test of the American council on education.
(5) The person has not been convicted of or pleaded guilty to
a felony or any offense involving moral turpitude under the laws
of this or any other state or the United States, and has not been
convicted of or pleaded guilty to an offense that is a misdemeanor
of the first degree under the laws of this state or an offense
under the laws of any other state or the United States that
carries a penalty that is substantially equivalent to the penalty
for a misdemeanor of the first degree under the laws of this
state.
(6) The person has been fingerprinted and has been the
subject of a search of local, state, and national fingerprint
files to disclose any criminal record. Such fingerprints shall be
taken under the direction of the administrative judge of the court
of common pleas who, prior to the applicable qualification date,
shall notify the board of elections, board of county
commissioners, or county central committee of the proper political
party, as applicable, of the judge's findings.
(7) The person has prepared a complete history of the
person's places of residence for a period of six years immediately
preceding the qualification date and a complete history of the
person's places of employment for a period of six years
immediately preceding the qualification date, indicating the name
and address of each employer and the period of time employed by
that employer. The residence and employment histories shall be
filed with the administrative judge of the court of common pleas
of the county, who shall forward them with the findings under
division (B)(6) of this section to the appropriate board of
elections, board of county commissioners, or county central
committee of the proper political party prior to the applicable
qualification date.
(8) The person meets at least one of the following
conditions:
(a) Has obtained or held, within the four-year period ending
immediately prior to the qualification date, a valid basic peace
officer certificate of training issued by the Ohio peace officer
training commission or has been issued a certificate of training
pursuant to section 5503.05 of the Revised Code, and, within the
four-year period ending immediately prior to the qualification
date, has been employed as an appointee pursuant to section
5503.01 of the Revised Code or as a full-time peace officer as
defined in section 109.71 of the Revised Code performing duties
related to the enforcement of statutes, ordinances, or codes;
(b) Has obtained or held, within the three-year period ending
immediately prior to the qualification date, a valid basic peace
officer certificate of training issued by the Ohio peace officer
training commission and has been employed for at least the last
three years prior to the qualification date as a full-time law
enforcement officer, as defined in division (A)(11) of section
2901.01 of the Revised Code, performing duties related to the
enforcement of statutes, ordinances, or codes.
(9) The person meets at least one of the following
conditions:
(a) Has at least two years of supervisory experience as a
peace officer at the rank of corporal, sergeant, or above, or has
been appointed pursuant to section 5503.01 of the Revised Code and
served at the rank of sergeant or above, in the five-year period
ending immediately prior to the qualification date;
(b) Has completed satisfactorily, at
least two years of
post-secondary education or the equivalent in semester or quarter
hours a minimum, a two-year associate degree in a college or
university authorized to confer degrees by the Ohio board of
regents or the comparable agency of another state in which the
college or university is located or in a school that holds a
certificate of registration issued by the state board of career
colleges and schools under Chapter 3332. of the Revised Code.
(C) Persons who meet the requirements of division (B) of this
section, except the requirement of division (B)(2) of this
section, may take all actions otherwise necessary to comply with
division (B) of this section. If, on the applicable qualification
date, no person has met all the requirements of division (B) of
this section, then persons who have complied with and meet the
requirements of division (B) of this section, except the
requirement of division (B)(2) of this section, shall be
considered qualified candidates under division (B) of this
section.
(D) Newly elected sheriffs shall attend a basic training
course conducted by the Ohio peace officer training commission
pursuant to division (A) of section 109.80 of the Revised Code. A
newly elected sheriff shall complete not less than two weeks of
this course before the first Monday in January next after the
sheriff's election. While attending the basic training course, a
newly elected sheriff may, with the approval of the board of
county commissioners, receive compensation, paid for from funds
established by the sheriff's county for this purpose, in the same
manner and amounts as if carrying out the powers and duties of the
office of sheriff.
Appointed sheriffs shall attend the first basic training
course conducted by the Ohio peace officer training commission
pursuant to division (A) of section 109.80 of the Revised Code
within six months following the date of appointment or election to
the office of sheriff. While attending the basic training course,
appointed sheriffs shall receive regular compensation in the same
manner and amounts as if carrying out their regular powers and
duties.
Five days of instruction at the basic training course shall
be considered equal to one week of work. The costs of conducting
the basic training course and the costs of meals, lodging, and
travel of appointed and newly elected sheriffs attending the
course shall be paid from state funds appropriated to the
commission for this purpose.
(E) In each calendar year, each sheriff shall attend and
successfully complete at least sixteen hours of continuing
education approved under division (B) of section 109.80 of the
Revised Code. A sheriff who receives a waiver of the continuing
education requirement from the commission under division (C) of
section 109.80 of the Revised Code because of medical disability
or for other good cause shall complete the requirement at the
earliest time after the disability or cause terminates.
(F)(1) Each person who is a candidate for election to or who
is under consideration for appointment to the office of sheriff
shall swear before the administrative judge of the court of common
pleas as to the truth of any information the person provides to
verify the person's qualifications for the office. A person who
violates this requirement is guilty of falsification under section
2921.13 of the Revised Code.
(2) Each board of elections shall certify whether or not a
candidate for the office of sheriff who has filed a declaration of
candidacy, a statement of candidacy, or a declaration of intent to
be a write-in candidate meets the qualifications specified in
divisions (B) and (C) of this section.
(G) The office of a sheriff who is required to comply with
division (D) or (E) of this section and who fails to successfully
complete the courses pursuant to those divisions is hereby deemed
to be vacant.
(H) As used in this section:
(1) "Qualification date" means the last day on which a
candidate for the office of sheriff can file a declaration of
candidacy, a statement of candidacy, or a declaration of intent to
be a write-in candidate, as applicable, in the case of a primary
election for the office of sheriff; the last day on which a person
may be appointed to fill a vacancy in a party nomination for the
office of sheriff under Chapter 3513. of the Revised Code, in the
case of a vacancy in the office of sheriff; or a date thirty days
after the day on which a vacancy in the office of sheriff occurs,
in the case of an appointment to such a vacancy under section
305.02 of the Revised Code.
(2) "Newly elected sheriff" means a person who did not hold
the office of sheriff of a county on the date the person was
elected sheriff of that county.
Section 2. That existing section 311.01 of the Revised Code
is hereby repealed.
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