109:2-1-12 Certification before service and re-entry requirements.

 

 

 

109:2-1-12                   Certification before service and re-entry requirements.

 

 

 

(A)

 

(1)    No person shall, after January 1, 1966, receive an original appointment on a permanent basis as a peace officer unless such person has previously been awarded a certificate by the executive director attesting to his satisfactory completion of the basic course prescribed in rule 109:2-1-16 of the Administrative Code.

 

(2)   No person shall, after January 1, 1989, be permitted to perform the functions of a peace officer or to carry a weapon in connection with peace officer duties unless such person has successfully completed the basic course and has been awarded a certificate of completion by the executive director.

 

(3)   All peace officers employed by a county, township, or municipal corporation of the state of Ohio on January 1, 1966, and who have completed at least sixteen years of full-time active service as such peace officer, may receive an original appointment on a permanent basis and serve as a peace officer of a county, township, or municipal corporation, or as a state university law enforcement officer without receiving a basic training certificate signed by the executive director.

 

(B)  Credit for prior equivalent training or education:

 

(1)   An individual who has successfully completed prior training or education other than under the auspices of the Ohio peace officer training commission and who is appointed as a peace officer in Ohio may request credit for that portion of the basic training course which is equal to training previously completed. Training or education which will be accepted may include, but is not limited to, training or education certified by another state, another government agency, military service, the state highway patrol or a college, university or other educational institution.

 

(2)   The applicant shall provide to the executive director documented evidence of the training. The executive director shall review the record of the prior training or education and make a determination of the training the person shall be required to complete in a commission-approved basic training school.

 

(3)   No credit shall be given under this rule for experience which is not part of a formal training or education program.

 

(4)   If the applicant disputes any of the training assigned by the executive director,

 

 

 

he or she may request a hearing before the commission as provided in sections 119.06 and 119.07 of the Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

(C)    All persons who have previously been appointed as a peace officer and have been awarded a certificate of completion of basic training by the executive director or those peace officers described in paragraph (A)(3) of this rule who terminate their appointment from, an agency will have their training eligibility reviewed by the executive director upon reappointment.

Upon appointing a person to a peace officer position as described in section 109.71(A) of the Revised Code, the appointing agency shall submit a request for the executive director to evaluate the officer's training and eligibility to perform the functions of a peace officer. Such request will be made on a form provided by the executive director and shall be submitted immediately upon appointing the officer.

(D)  Breaks in service/requirements for update training evaluations:

(1)    All persons who have previously been appointed as a peace officer and have been awarded a certificate of completion of basic training by the executive director or those peace officers described in paragraph (A)(3) of this rule who have had their appointment as a peace officer terminated for less than one year may maintain their eligibility for re-appointment as a peace officer. In the event specialized training has been mandated during the period between the date of the original appointment and the re-appointment date, said individual shall be required to successfully complete the mandated specialized training within one year of re-appointment as a peace officer. Officers required to complete such mandated training are permitted to perform the functions of a peace officer for one year from the date of the re-appointment which gave rise to the requirement.

(2)    All persons who have previously been appointed as a peace officer and have been awarded a certificate of completion of basic training by the executive director or those peace officers described in paragraph (A)(3) of this rule who have not been appointed as a peace officer for one year or more but less than four years shall, within one year of the re-appointment date as a peace officer, successfully complete a refresher course prescribed by the executive director and any training as required by paragraph (D)(1) of this rule. This course and appropriate examination must be approved by the executive director and shall meet the criteria set forth in this chapter for the conduct of a basic training course. Officers required to complete the refresher course are permitted to perform the functions of a peace officer for one year from the date of the re-appointment which gave rise to the requirement.

(3)    All persons who have previously been appointed as a peace officer and have been awarded a certificate of completion of basic training by the executive director or those peace officers described in paragraph (A)(3) of this rule who have not been appointed as a peace officer for more than four years shall, upon re-appointment as a peace officer, complete the basic training course prior to performing the functions of a peace officer.

(4) Notwithstanding the training requirements set forth in paragraph (D)(1) and (D)(2) of this rule, a member of the National Guard or a military reservist who has previously been appointed as a peace officer and has been awarded a certificate of successful completion of basic training by the executive director or those peace officers described in paragraph (A)(3) of this rule who are members of the National Guard or military reserves and have not been appointed as a peace officer for one year or more due to active duty in the uniformed services, when such absence from the appointment is as a direct result of the person's mobilization to active duty service, shall, upon return from active duty, be immediately eligible for appointment as a peace officer and shall not be required to meet the training requirements set forth in paragraphs (D)(1) and (D)(2) of this rule.

(E)    Any person who has been appointed as a peace officer and has been awarded a certificate of completion of basic training by the executive director and has been elected or appointed to the office of sheriff shall be considered a peace officer during the term of office for the purpose of maintaining a current and valid basic training certificate. Any training requirements required of peace officers shall also be required of sheriffs.

(F)    Every person who has been re-appointed as a peace officer and who must complete training pursuant to paragraph (D)(1) or (D)(2) of this rule shall cease performing the functions of a peace officer and shall cease carrying a weapon unless the person has within one year from the date of re-appointment, received documentation from the executive director attesting to the satisfactory completion of the above training requirements.

(G)      The executive director may extend the time for completion of the training requirements based upon written application from the appointing authority of the individual. Such application will contain an explanation of the circumstances which create the need for the extension. Factors which may be considered in granting or denying the extension include, but are not limited to, serious illness of the individual or an immediate family member, the absence of a reasonably accessible training course, or an unreasonable shortage of manpower within the employing agency. Based on the circumstances in a given case, the executive director may modify the completion date for any training assigned. An extension shall generally

be for ninety days, but in no event may the executive director grant an extension beyond one hundred eighty days.

(1)   Should the executive director deny the request for an extension, he shall notify and advise the appointing authority that the appointing authority may request a hearing before the commission as provided in sections 119.06 and 119.07 of the Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

(2)    The provisions of paragraph (G) of this rule shall remain in effect until such time as the commission makes the determination to grant or deny the request.

(H)     This rule shall not be construed to preclude a township, county, or municipal corporation from establishing time limits for satisfactory completion of the basic course and re-entry requirements of less than the maximum limits prescribed by the commission. If a township, county, or municipal corporation has adopted time limits less than the maximum limits prescribed above, such time limits shall be controlling.

Effective:                                                     06/09/2006

R.C. 119.032 review dates:                         12/21/2005 and 05/30/2011

CERTIFIED ELECTRONICALLY

Certification

05/30/2006

Date

Promulgated Under:                           119.03

Statutory Authority:                           109.74

Rule Amplifies:                                  109.73, 109.75

Prior Effective Dates:                         7-1-76; 3-1-82; 1-15-88; 8-21-90; 3-25-91; 10-1-93;

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