Bill Text: OH HB161 | 2011-2012 | 129th General Assembly | Introduced


Bill Title: To change the education and experience requirements necessary for eligibility to be a candidate for the office of sheriff.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-03-15 - To State Government & Elections [HB161 Detail]

Download: Ohio-2011-HB161-Introduced.html
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 161


Representative Gerberry 

Cosponsors: Representatives Murray, O'Brien, Antonio 



A BILL
To amend section 311.01 of the Revised Code to change 1
the education and experience requirements 2
necessary for eligibility to be a candidate for 3
the office of sheriff. 4


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 311.01 of the Revised Code be amended 5
to read as follows: 6

       Sec. 311.01.  (A) A sheriff shall be elected quadrennially in 7
each county. A sheriff shall hold office for a term of four years, 8
beginning on the first Monday of January next after the sheriff's 9
election. 10

       (B) Except as otherwise provided in this section, no person 11
is eligible to be a candidate for sheriff, and no person shall be 12
elected or appointed to the office of sheriff, unless that person 13
meets all of the following requirements: 14

       (1) The person is a citizen of the United States. 15

       (2) The person has been a resident of the county in which the 16
person is a candidate for or is appointed to the office of sheriff 17
for at least one year immediately prior to the qualification date. 18

       (3) The person has the qualifications of an elector as 19
specified in section 3503.01 of the Revised Code and has complied 20
with all applicable election laws. 21

       (4) The person has been awarded a high school diploma or a 22
certificate of high school equivalence issued for achievement of 23
specified minimum scores on the general educational development 24
test of the American council on education. 25

       (5) The person has not been convicted of or pleaded guilty to 26
a felony or any offense involving moral turpitude under the laws 27
of this or any other state or the United States, and has not been 28
convicted of or pleaded guilty to an offense that is a misdemeanor 29
of the first degree under the laws of this state or an offense 30
under the laws of any other state or the United States that 31
carries a penalty that is substantially equivalent to the penalty 32
for a misdemeanor of the first degree under the laws of this 33
state. 34

       (6) The person has been fingerprinted and has been the 35
subject of a search of local, state, and national fingerprint 36
files to disclose any criminal record. Such fingerprints shall be 37
taken under the direction of the administrative judge of the court 38
of common pleas who, prior to the applicable qualification date, 39
shall notify the board of elections, board of county 40
commissioners, or county central committee of the proper political 41
party, as applicable, of the judge's findings. 42

       (7) The person has prepared a complete history of the 43
person's places of residence for a period of six years immediately 44
preceding the qualification date and a complete history of the 45
person's places of employment for a period of six years 46
immediately preceding the qualification date, indicating the name 47
and address of each employer and the period of time employed by 48
that employer. The residence and employment histories shall be 49
filed with the administrative judge of the court of common pleas 50
of the county, who shall forward them with the findings under 51
division (B)(6) of this section to the appropriate board of 52
elections, board of county commissioners, or county central 53
committee of the proper political party prior to the applicable 54
qualification date. 55

       (8) The person meets at least one of the following 56
conditions: 57

       (a) Has obtained or held, within the four-year period ending 58
immediately prior to the qualification date, a valid basic peace 59
officer certificate of training issued by the Ohio peace officer 60
training commission or has been issued a certificate of training 61
pursuant to section 5503.05 of the Revised Code, and, within the 62
four-year period ending immediately prior to the qualification 63
date, has been employed as an appointee pursuant to section 64
5503.01 of the Revised Code or as a full-time peace officer as 65
defined in section 109.71 of the Revised Code performing duties 66
related to the enforcement of statutes, ordinances, or codes; 67

       (b) Has obtained or held, within the three-year period ending 68
immediately prior to the qualification date, a valid basic peace 69
officer certificate of training issued by the Ohio peace officer 70
training commission and has been employed for at least the last 71
three years prior to the qualification date as a full-time law 72
enforcement officer, as defined in division (A)(11) of section 73
2901.01 of the Revised Code, performing duties related to the 74
enforcement of statutes, ordinances, or codes. 75

       (9) The person meets at least one of the following 76
conditions: 77

       (a) Has at least two years of supervisory experience as a 78
peace officer at the rank of corporal, sergeant, or above, or has 79
been appointed pursuant to section 5503.01 of the Revised Code and 80
served at the rank of sergeant or above, in the five-year period 81
ending immediately prior to the qualification date; 82

       (b) Has completed satisfactorily, at least two years of 83
post-secondary education or the equivalent in semester or quarter 84
hoursa minimum, a two-year associate degree in a college or 85
university authorized to confer degrees by the Ohio board of 86
regents or the comparable agency of another state in which the 87
college or university is located or in a school that holds a 88
certificate of registration issued by the state board of career 89
colleges and schools under Chapter 3332. of the Revised Code. 90

       (C) Persons who meet the requirements of division (B) of this 91
section, except the requirement of division (B)(2) of this 92
section, may take all actions otherwise necessary to comply with 93
division (B) of this section. If, on the applicable qualification 94
date, no person has met all the requirements of division (B) of 95
this section, then persons who have complied with and meet the 96
requirements of division (B) of this section, except the 97
requirement of division (B)(2) of this section, shall be 98
considered qualified candidates under division (B) of this 99
section. 100

       (D) Newly elected sheriffs shall attend a basic training 101
course conducted by the Ohio peace officer training commission 102
pursuant to division (A) of section 109.80 of the Revised Code. A 103
newly elected sheriff shall complete not less than two weeks of 104
this course before the first Monday in January next after the 105
sheriff's election. While attending the basic training course, a 106
newly elected sheriff may, with the approval of the board of 107
county commissioners, receive compensation, paid for from funds 108
established by the sheriff's county for this purpose, in the same 109
manner and amounts as if carrying out the powers and duties of the 110
office of sheriff. 111

       Appointed sheriffs shall attend the first basic training 112
course conducted by the Ohio peace officer training commission 113
pursuant to division (A) of section 109.80 of the Revised Code 114
within six months following the date of appointment or election to 115
the office of sheriff. While attending the basic training course, 116
appointed sheriffs shall receive regular compensation in the same 117
manner and amounts as if carrying out their regular powers and 118
duties. 119

       Five days of instruction at the basic training course shall 120
be considered equal to one week of work. The costs of conducting 121
the basic training course and the costs of meals, lodging, and 122
travel of appointed and newly elected sheriffs attending the 123
course shall be paid from state funds appropriated to the 124
commission for this purpose. 125

       (E) In each calendar year, each sheriff shall attend and 126
successfully complete at least sixteen hours of continuing 127
education approved under division (B) of section 109.80 of the 128
Revised Code. A sheriff who receives a waiver of the continuing 129
education requirement from the commission under division (C) of 130
section 109.80 of the Revised Code because of medical disability 131
or for other good cause shall complete the requirement at the 132
earliest time after the disability or cause terminates. 133

       (F)(1) Each person who is a candidate for election to or who 134
is under consideration for appointment to the office of sheriff 135
shall swear before the administrative judge of the court of common 136
pleas as to the truth of any information the person provides to 137
verify the person's qualifications for the office. A person who 138
violates this requirement is guilty of falsification under section 139
2921.13 of the Revised Code. 140

       (2) Each board of elections shall certify whether or not a 141
candidate for the office of sheriff who has filed a declaration of 142
candidacy, a statement of candidacy, or a declaration of intent to 143
be a write-in candidate meets the qualifications specified in 144
divisions (B) and (C) of this section. 145

       (G) The office of a sheriff who is required to comply with 146
division (D) or (E) of this section and who fails to successfully 147
complete the courses pursuant to those divisions is hereby deemed 148
to be vacant. 149

       (H) As used in this section: 150

       (1) "Qualification date" means the last day on which a 151
candidate for the office of sheriff can file a declaration of 152
candidacy, a statement of candidacy, or a declaration of intent to 153
be a write-in candidate, as applicable, in the case of a primary 154
election for the office of sheriff; the last day on which a person 155
may be appointed to fill a vacancy in a party nomination for the 156
office of sheriff under Chapter 3513. of the Revised Code, in the 157
case of a vacancy in the office of sheriff; or a date thirty days 158
after the day on which a vacancy in the office of sheriff occurs, 159
in the case of an appointment to such a vacancy under section 160
305.02 of the Revised Code. 161

       (2) "Newly elected sheriff" means a person who did not hold 162
the office of sheriff of a county on the date the person was 163
elected sheriff of that county. 164

       Section 2. That existing section 311.01 of the Revised Code 165
is hereby repealed. 166

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