Bill Text: OH HB548 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To change the eligibility requirements for county sheriff.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2010-06-09 - To Local Government/Public Administration [HB548 Detail]

Download: Ohio-2009-HB548-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 548

Representative Pryor 

Cosponsor: Representative Book 

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A BILL

To amend section 311.01 of the Revised Code to change

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the eligibility requirements for county sheriff.

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

Section 1. That section 311.01 of the Revised Code be amended	3
to read as follows:	4

Sec. 311.01.  (A) A sheriff shall be elected quadrennially in	5
each county. A sheriff shall hold office for a term of four years,	6
beginning on the first Monday of January next after the sheriff's	7
election.	8

(B) Except as otherwise provided in this section, no person	9
is eligible to be a candidate for sheriff, and no person shall be	10
elected or appointed to the office of sheriff, unless that person	11
meets all of the following requirements:	12

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

13

(2) The person has been a resident of the county in which the	14
person is a candidate for or is appointed to the office of sheriff	15
for at least one year immediately prior to the qualification date.	16

(3) The person has the qualifications of an elector as	17
specified in section 3503.01 of the Revised Code and has complied	18
with all applicable election laws.	19

(4) The person has been awarded a high school diploma or a	20
certificate of high school equivalence issued for achievement of	21
specified minimum scores on the general educational development	22
test of the American council on education.	23

(5) The person has not been convicted of or pleaded guilty to	24
a felony or any offense involving moral turpitude under the laws	25
of this or any other state or the United States, and has not been	26
convicted of or pleaded guilty to an offense that is a misdemeanor	27
of the first degree under the laws of this state or an offense	28
under the laws of any other state or the United States that	29
carries a penalty that is substantially equivalent to the penalty	30
for a misdemeanor of the first degree under the laws of this	31
state.	32

(6) The person has been fingerprinted and has been the	33
subject of a search of local, state, and national fingerprint	34
files to disclose any criminal record. Such fingerprints shall be	35
taken under the direction of the administrative judge of the court	36
of common pleas who, prior to the applicable qualification date,	37
shall notify the board of elections, board of county	38
commissioners, or county central committee of the proper political	39
party, as applicable, of the judge's findings.	40

(7) The person has prepared a complete history of the	41
person's places of residence for a period of six years immediately	42
preceding the qualification date and a complete history of the	43
person's places of employment for a period of six years	44
immediately preceding the qualification date, indicating the name	45
and address of each employer and the period of time employed by	46
that employer. The residence and employment histories shall be	47
filed with the administrative judge of the court of common pleas	48
of the county, who shall forward them with the findings under	49
division (B)(6) of this section to the appropriate board of	50
elections, board of county commissioners, or county central	51
committee of the proper political party prior to the applicable	52
qualification date.	53

(8) The person meets at least one of the following	54
conditions:	55

(a) Has obtained or held, within the four-year period ending	56
immediately prior to the qualification date, a valid basic peace	57
officer certificate of training issued by the Ohio peace officer	58
training commission or has been issued a certificate of training	59
pursuant to section 5503.05 of the Revised Code, and, within the	60
four-year period ending immediately prior to the qualification	61
date, has been employed for a cumulative period of five years any	62
time in the past as an appointee pursuant to section 5503.01 of	63
the Revised Code or as a full-time peace officer as defined in	64
section 109.71 of the Revised Code performing duties related to	65
the enforcement of statutes, ordinances, or codes;	66

(b) Has obtained or held, within the three-year period ending	67
immediately prior to the qualification date, a valid basic peace	68
officer certificate of training issued by the Ohio peace officer	69
training commission or has been issued a certificate of training	70
under section 5503.05 of the Revised Code, and has been employed	71
for at least the last three years prior toa cumulative period of	72
five years any time in the past before the qualification date as a	73
full-time law enforcement officer, as defined in division (A)(11)	74
of section 2901.01 of the Revised Code, performing duties related	75
to the enforcement of statutes, ordinances, or codes.	76

(9) The person meets at least one of the following	77
conditions:	78

(a) Has at least two years of supervisory experience as a	79
peacelaw enforcement officer at the rank of corporal or above, or	80
has been appointed pursuant to section 5503.01 of the Revised Code	81
and served at the rank of sergeant or above, in the five-year	82
period ending immediatelyfor one year in the past prior to the	83
qualification date, or has obtained a certificate of training in	84
law enforcement supervisor schooling;	85

(b) Has completed satisfactorily at least two yearsone year	86
of post-secondary education or the equivalent in semester or	87
quarter hours, but at least forty-five credit hours, in a college	88
or university authorized to confer degrees by the Ohio board of	89
regents or the comparable agency of another state in which the	90
college or university is located or in a school that holds a	91
certificate of registration issued by the state board of career	92
colleges and schools under Chapter 3332. of the Revised Code. Any	93
previous college credits, law enforcement educational credits, or	94
military service shall be accepted as college credit for the	95
purpose of meeting the forty-five credits required by this	96
division.	97

(C) Persons who meet the requirements of division (B) of this	98
section, except the requirement of division (B)(2) of this	99
section, may take all actions otherwise necessary to comply with	100
division (B) of this section. If, on the applicable qualification	101
date, no person has met all the requirements of division (B) of	102
this section, then persons who have complied with and meet the	103
requirements of division (B) of this section, except the	104
requirement of division (B)(2) of this section, shall be	105
considered qualified candidates under division (B) of this	106
section.	107

(D) Newly elected sheriffs shall attend a basic training	108
course conducted by the Ohio peace officer training commission	109
pursuant to division (A) of section 109.80 of the Revised Code. A	110
newly elected sheriff shall complete not less than two weeks of	111
this course before the first Monday in January next after the	112
sheriff's election. While attending the basic training course, a	113
newly elected sheriff may, with the approval of the board of	114
county commissioners, receive compensation, paid for from funds	115
established by the sheriff's county for this purpose, in the same	116
manner and amounts as if carrying out the powers and duties of the	117
office of sheriff.	118

Appointed sheriffs shall attend the first basic training	119
course conducted by the Ohio peace officer training commission	120
pursuant to division (A) of section 109.80 of the Revised Code	121
within six months following the date of appointment or election to	122
the office of sheriff. While attending the basic training course,	123
appointed sheriffs shall receive regular compensation in the same	124
manner and amounts as if carrying out their regular powers and	125
duties.	126

Five days of instruction at the basic training course shall	127
be considered equal to one week of work. The costs of conducting	128
the basic training course and the costs of meals, lodging, and	129
travel of appointed and newly elected sheriffs attending the	130
course shall be paid from state funds appropriated to the	131
commission for this purpose.	132

(E) In each calendar year, each sheriff shall attend and	133
successfully complete at least sixteen hours of continuing	134
education approved under division (B) of section 109.80 of the	135
Revised Code. A sheriff who receives a waiver of the continuing	136
education requirement from the commission under division (C) of	137
section 109.80 of the Revised Code because of medical disability	138
or for other good cause shall complete the requirement at the	139
earliest time after the disability or cause terminates.	140

(F)(1) Each person who is a candidate for election to or who	141
is under consideration for appointment to the office of sheriff	142
shall swear before the administrative judge of the court of common	143
pleas as to the truth of any information the person provides to	144
verify the person's qualifications for the office. A person who	145
violates this requirement is guilty of falsification under section	146
2921.13 of the Revised Code.	147

(2) Each board of elections shall certify whether or not a	148
candidate for the office of sheriff who has filed a declaration of	149
candidacy, a statement of candidacy, or a declaration of intent to	150
be a write-in candidate meets the qualifications specified in	151
divisions (B) and (C) of this section.	152

(G) The office of a sheriff who is required to comply with	153
division (D) or (E) of this section and who fails to successfully	154
complete the courses pursuant to those divisions is hereby deemed	155
to be vacant.	156

(H) As used in this section:

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(1) "Qualification date" means the last day on which a	158
candidate for the office of sheriff can file a declaration of	159
candidacy, a statement of candidacy, or a declaration of intent to	160
be a write-in candidate, as applicable, in the case of a primary	161
election for the office of sheriff; the last day on which a person	162
may be appointed to fill a vacancy in a party nomination for the	163
office of sheriff under Chapter 3513. of the Revised Code, in the	164
case of a vacancy in the office of sheriff; or a date thirty days	165
after the day on which a vacancy in the office of sheriff occurs,	166
in the case of an appointment to such a vacancy under section	167
305.02 of the Revised Code.	168

(2) "Newly elected sheriff" means a person who did not hold	169
the office of sheriff of a county on the date the person was	170
elected sheriff of that county.	171

Section 2. That existing section 311.01 of the Revised Code	172
is hereby repealed.	173