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Ohio Laws and Rules
When used in Chapter 109:2-5 of the Administrative Code:
(A) The term commission means Ohio peace officer training commission.
(B) The term “executive director” means the executive director of the Ohio peace officer training commission.
(C) The term “commander” means the director or other head of a school offering a commission-approved basic training course for bailiffs and deputy bailiffs.
(D) The term “bailiff” or “deputy bailiff” means any person employed by a court of record and designated by a judge of that court of record as a bailiff or deputy bailiff who is authorized to carry a firearm while on duty.
(E) The term “bailiff training program” means all provisions for the training of bailiffs and deputy bailiffs as promulgated in this chapter.
(F) The term “basic course” means the training curriculum which has been approved by the executive director in accordance with rule 109:2-5-04 of the Administrative Code.
(G) The term “school” means any specific bailiff or deputy bailiff program conducted by a commander and approved by the executive director.
R.C. 119.032 review dates: 02/28/2008 and 02/28/2013
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.75
Prior Effective Dates: 4/11/87, 2/14/02
(A) Any person employed by a court of record and designated by a judge of that court of record as a bailiff or deputy bailiff, and who is authorized to carry a firearm while on duty is required to complete the basic course. Such training is not required if the person has successfully completed a firearms training program approved by the executive director at the time the training was conducted prior to employment as a bailiff or deputy bailiff, or unless prior to June 6, 1986, the person was authorized to carry a firearm by that court of record and has received training in the use of firearms that the executive director determines is equivalent to the firearms training that is required by rule 109:2-5-04 of the Administrative Code.
(B) Statement of purpose.
(1) It shall be clearly understood that the basic course described is designed as an absolute minimum program. The commander is encouraged to exceed this minimum course whenever possible.
(2) Nothing in this chapter shall limit or be construed as limiting the commander, employing court, or appointing judge to enact rules and regulations which establish a higher standard of training above the minimum required by rule 109:2-5-04 of the Administrative Code
(C) Local topics.
Instruction in topics such as court rules and regulations, local ordinances, personnel policies and procedures may be given entirely upon local initiative. No portion of the instructional time devoted to this training or other non-commission required topics shall be credited against the hours of instruction required under rule 109:2-5-04 of the Administrative Code.
HISTORY: Eff 4-11-87; 7-7-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73, 109.75
R.C. 119.032 Review Dates: 2/15/2002 and 07/07/2007
Each school shall have available:
(A) A classroom with adequate space, heating, lighting, ventilation, and restroom facilities;
(B) A chalkboard and chalk, or equivalent;
(C) Tables and chairs suitable for writing or seats with an arm for writing;
(D) Audio visual equipment;
(E) A lectern, stand, or table for the instructor’s use;
(F) A gymnasium or large indoor area for teaching defensive tactics and other physical skills topics supplied with appropriate training and safety equipment;
(G) Access to a commission-approved firearms range;
(H) Any other equipment or facilities as required by the executive director.
R.C. 119.032 review dates: 02/28/2008 and 02/28/2013
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.75
Prior Effective Dates: 4/11/87, 2/14/02
(A) The commander of a school shall, twenty-one days prior to the beginning date, complete and forward to the executive director on forms provided by the executive director, an application, a training calendar, and a preliminary enrollment list.
(B) The school approved by the executive director shall include training in the following units: administration, legal, human relations, firearms, defensive tactics, medical issues, investigation, court security, jury procedures, emergency procedures, and other subject matter as prescribed by the executive director.
(C) The student enrollment list shall list the name and employing court of each bailiff or deputy bailiff. The student enrollment list shall be signed by the commander and accompanied by documentation prescribed by the executive director regarding each student’s authorization to attend the school.
(D) It is understood that the units, topics, hours, and student performance objectives approved by the executive director are established as mandatory minimum for obtaining certification. Commanders and instructors are encouraged to exceed the minimums as they deem appropriate.
Reasonable latitude shall be granted to instructors to deliver the material in a manner deemed most effective and to permit the use of instructional methods and material deemed to be the most appropriate and useful, provided the approved material is covered in its entirety.
(E) A school will not be approved that has less than ten students unless the commander certifies that there are less than ten bailiffs or deputy bailiffs in the general geographic area who need training; that has less than six approved instructors; or which extends more than sixteen weeks unless approved by the executive director.
(F) School approvals shall be issued by the executive director in writing. No training class or portion thereof will be recognized if conducted prior to the issuance of an approval letter assigning a school number.
(G) The executive director may revoke the approval of any school for failure to maintain the minimum standards as set forth in this rule or any other rule or policy established by the Ohio peace officer training commission for conducting the basic course. The executive director shall notify the commander of the school in writing of this revocation and shall advise the commander that the commander may request a hearing before the commission as provided in sections 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.
HISTORY: Eff 4-11-87; 7-7-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73, 109.75
Replaces: 109:2-5-03
R.C. 119.032 Review Dates: 07/07/2007
Each commander is required to have the approval of the executive director to conduct a school. Such approval will be based upon the submission of a notarized statement of qualifications by the person seeking approval as a commander on a form prescribed by the executive director. All persons seeking approval to be a commander on or after the effective date of this rule, who have not previously been designated a commander, shall conform to the minimum qualifications for certification as a commander as established herein and must be associated with an established or proposed school.
(A) Minimum qualification for certification of commanders shall be as follows:
(1) High school graduate or possession of a general education development certificate; and
(2) Two years experience as a law enforcement officer assigned to the court or as a bailiff;
(3) Successful completion of a bailiff or peace officer basic training school;
(4) Successful completion of an instructional skills course or equivalent;
(5) Three professional references from individuals currently serving as any of the following: a judge, court administrator, prosecutor, magistrate, chief of police, or sheriff;
(6) No conviction for a felony, crime of moral turpitude, or firearms disability offense per Ohio Revised Code Chapter 2923.
HISTORY: Eff 7-7-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73, 109.75
R.C. 119.032 Review Dates: 07/07/2007
Each instructor is required to have the approval of the executive director. Such approval will be based upon the recommendation of a current commander and the submission on a prescribed form of a statement of qualifications for each subject or subjects for which approval is sought.
(A) Minimum qualifications for unit instructor.
(1) High school graduate or possession of a general education development certificate;
(2) Five years experience as a bailiff and/or law enforcement officer;
(3) Successful completion of an instructional skills course or equivalent;
(4) Submission of documentation of completion of training which allows a person to acquire specific knowledge and skills in an area for which approval is sought;
(5) Recommendation of a current commander.
(6) Persons approved to instruct topics in programs pursuant to Ohio Administrative Code Chapter 109:2-1 or 109:2-9 may instruct those same topics in a commission-approved bailiff training course.
(B) Minimum qualifications for special subject instructor shall be as follows:
(1) High school graduate or possession of a general education development certificate:
(2) Special skills:
(a) Possession of a license in a particular occupation such as medical doctors, attorneys, nurses, judges, teachers of special subjects related to the basic course; or
(b) Recognition for competency in bailiff or court security areas such as court security, legal issues, medical issues, defensive tactics, human relations, or other special subject or skill areas in which the person has a minimum of two years of full-time experience and training in the subject area to be taught, one year of which must be full-time experience.
(3) Recommendation of a current commander;
(4) Special subject instructors shall not be eligible to instruct topics in the firearms unit.
(5) Persons approved to instruct topics in programs pursuant to Ohio Administrative Code Chapter 109-2-1 and 109:2-9 may instruct those same topics in a commission-approved bailiff training course.
(C) Renewal of unit and special subject certification.
(1) Instructors certified by unit shall renew their certificate every three years. At least sixty days and no more than ninety days prior to expiration of the certificate, the instructor shall file with the executive director an application for renewal on a form supplied by the executive director. The instructor shall also file:
(a) Written evidence documenting that the instructor has successfully completed, within the past three years, a minimum of twelve clock hours of training in topics related to the basic course.
(b) Written evidence from a school commander that the instructor has taught in at least one commission-approved school for a minimum total of twelve teaching hours within the past three years.
(2) Persons certified as special subject instructors shall renew their certificate every three years. At least sixty days and no more than ninety days prior to expiration of the certificate, the instructor shall file with the executive director an application for renewal on a form supplied by the executive director. The instructor shall also file:
(a) Written evidence documenting that the instructor has successfully completed, within the past three years, a minimum of eight clock hours of training in topics related to the basic course.
(b) Written evidence from a school commander that the instructor has taught in at least one commission-approved school for a minimum total of eight teaching hours within the past three years.
(D) Denial of certification, denial of renewal of certification, or revocation of certification:
(1) Should the executive director refuse to issue or renew a certificate, or should the executive director revoke a certificate, notice of this action shall be sent to the applicant. The applicant shall be advised that 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.
(E) Grounds for revocation of instructor certification.
(1) Failure to meet renewal criteria;
(2) Failure to meet renewal deadline;
(3) Submission of falsified records, application, or other documentation;
(4) Unacceptable performance evaluations;
(5) Convictions of a felony or a crime of moral turpitude;
(6) Any other good cause shown.
If an instructor’s certification is revoked for any of the listed reasons, notice of this action shall be sent and any requested hearing shall be conducted as required in paragraph (D)(1) of this rule.
HISTORY: Eff 4-11-87; 7-7-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73, 109.75
Replaces: 109:2-5-04
R.C. 119.032 Review Dates: 07/07/2007
(A) Upon successful completion of an approved basic course a bailiff or deputy bailiff shall be issued a certificate of completion by the executive director.
(B) Receipt of the certificate by a bailiff or deputy bailiff shall be considered as fulfillment of only one of the conditions of employment and shall not be construed as a limitation of the discretionary power of the appointing judge or other official.
R.C. 119.032 review dates: 02/28/2008 and 02/28/2013
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.75
Prior Effective Dates: 4/11/87, 2/14/02
Attendance shall be required of each student at all sessions of the basic school.
(A) Absence of ten percent or less.
When a student is absent for ten percent or less of the non-mandatory commission-required hours of the school in which the student is enrolled, the commander may excuse the absence if, in the commander’s judgment, the absences were for valid reasons, including but not limited to: illness of either the student or the student’s immediate family, an emergency employment situation, or other valid reasons. The commander may require the student to make up the missed training to assure satisfactory completion of all subjects.
(B) Absence of more than ten percent.
(1) If a student misses more than ten percent of the non-mandatory commission-required hours for the school, the student may complete the school but shall not be permitted to take the final examination nor shall a certificate of completion be issued. The student may submit to the executive director a notarized statement setting forth the reasons for the absences and request to complete the training that was missed. Reasons for absence which the executive director may consider include, but are not limited to: illness of either the student or the student’s immediate family, emergency employment situations, or other valid reasons. The executive director shall rule on that request within fifteen calendar days of receipt of the request. If the request is granted, the executive director shall approve in writing the method of completing the training.
(2) If the request to complete the missed training is denied by the executive director, the student may request a hearing before the Ohio peace officer training 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) There shall not be excused absences from the firearms, defensive tactics, or medical issues training portion of the basic course or any other topic designated by the commission or executive director.
(D) The commander shall be responsible for maintaining records for each student at the school in a manner and on forms provided by the executive director. The commander shall forward such records to the executive director, at the completion of training.
HISTORY: Eff 4-11-87; 7-7-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73, 109.75
Replaces: 109:2-5-06
R.C. 119.032 Review Dates: 07/07/2007
Each student in the school shall maintain, as one of the requirements for certification completion, a notebook during the school and shall submit such notebook to the commander for inspection. The notebook shall contain entries of material covered during the school. Among the factors to be evaluated in the notebook are: sufficiency of course content, organization, appropriateness of material, regularity of entries, neatness, accuracy, and legibility. The notebook will be evaluated by the commander as either satisfactory or unsatisfactory. Student notebooks are subject to inspection by commission representatives upon request.
HISTORY: Eff 4-11-87; 7-7-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73, 109.75
Replaces: 109:2-5-07
R.C. 119.032 Review Dates: 07/07/2007
To be eligible for a certificate of completion a final written examination which covers the required student performance objectives must be taken and passed by a minimum score of seventy percent by each student. The assembling of examination material, and preparation, supervision, and grading of the examination shall be the responsibility of the commander. The commander shall forward the examination results and a copy of the examination to the executive director at the completion of the basic course. No person shall participate in the final written examination who has been evaluated as unsatisfactory for units of firearms, defensive tactics, medical issues, the student notebook, or any other area designated by the executive director.
HISTORY: Eff 4-11-87; 7-7-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73, 109.75
Replaces: 109:2-5-08
R.C. 119.032 Review Dates: 07/07/2007
A person requesting credit for prior equivalent training must submit documentation of successful completion of training and the course curriculum to the executive director for review. The executive director, in reviewing said training, shall consider the number of hours, subject matter, instructor qualification, final student evaluation, and whether the course was certified by an accrediting agency in determining equivalency.
HISTORY: Eff 4-11-87; 7-7-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73, 109.75
Replaces: 109:2-5-10
R.C. 119.032 Review Dates: 07/07/2007