Chapter 109:2-5 Basic Course Training Program for Bailiffs and Deputy Bailiffs

109:2-5-01 Definitions.

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 commission.

(C) The term "commander" means the director or other head of a basic school for court officers.

(D) The term "court officer" means a bailiff, deputy bailiff, probation or parole officer that carries a firearm in the course of their official duties, or an employee of the department of youth services who is designated pursuant to division (A)(2) of section 5139.53 of the Revised Code as being authorized to carry a firearm while on duty.

(E) 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.

(F) The term "basic course" means the court officer training curriculum which has been approved by the commission in accordance with rule 109:2-5-04 of the Administrative Code.

(G) The term "basic school" means any specific court officer basic course conducted by a commander and approved by the executive director.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 2/3/2021
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.75
Prior Effective Dates: 04/11/1987, 07/07/2002, 02/03/2011

109:2-5-02 Basic course for court officers.

(A) Any court officers is required to complete a basic school. Such training is not required if:

(1) 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 court officer and can show documentation of being currently re-qualified with their authorized duty weapon; or,

(2) Unless prior to June 6, 1986, the bailiff or deputy bailiff 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; or,

(3) Holds a commission certificate of completion for a peace officer basic school.

(B) Statement of purpose.

(1) It shall be clearly understood that the basic course described is designed as an absolute minimum. The commander is encouraged to exceed this minimum course wherever possible.

(2) Nothing in this chapter shall limit or be construed as limiting the authority of a commander, the court officer's employer , or appointing judge to enact rules and regulations which establish a higher standard of training above the minimum required by the rules of this chapter.

(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.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 2/3/2021
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.75
Prior Effective Dates: 04/11/1987, 07/07/2002, 04/24/2008, 02/03/2011

109:2-5-03 School facilities.

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) Access to a commission-approved firearms range;

(G) Any other equipment or facilities as required by the executive director.

Five Year Review (FYR) Dates: 02/03/2016 and 02/03/2021
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.75
Prior Effective Dates: 4/11/1987, 7/7/2002

109:2-5-04 Approval of school.

(A) The commander of a basic school shall, twenty-one calendar days prior to the start date, complete and forward to the executive director on forms provided by the executive director, an application and, a training calendar.

(B) The basic school approved by the executive director shall include training in firearms and other subject matter as prescribed by the commission. The hours and student performance objectives for the basic course shall, be taught in their entirety.

(C) The student enrollment list shall list the name and employer of each court officer. The student enrollment list shall be accompanied by documentation prescribed by the executive director regarding each student's authorization to attend the basic school.

(D) The hours and student performance objectives approved by the commission are established as a mandatory minimum for obtaining certification. Commanders and instructors are encouraged to exceed the minimums.

(E) A basic school will not be approved that has less than ten students, unless the commander certifies that there are less than ten court officers in the general geographic area who need training and the executive director approves. In all instances the basic school must meet student to instructor ratios as determined by the executive director.

(F) Basic 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 basic school for failure to maintain the minimum standards as set forth in this rule or any other rule or policy established by the 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 119.06 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.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 2/3/2021
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.75
Prior Effective Dates: 04/11/1987, 07/07/2002, 04/24/2008, 02/03/2011

109:2-5-05 Approval of commanders.

Each commander is required to have the approval of the executive director to conduct a basic school. Such approval will be based upon the submission of a 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 basic school.

(A) Minimum qualification for certification of commanders shall be as follows:

(1) High school graduate or possession of a general education development certificate;

(2) Five years of relevant law enforcement experience, five years of experience as a court officer, or five years of experience as a corrections officer authorized to carry a firearm while on duty and required to complete an annual firearms requalification;

(3) Two years of relevent, full-time supervisory experience

(4) Three professional references from individuals currently serving as any of the following: a judge, court administrator, prosecutor, magistrate, chief of police, or sheriff;

(5) No conviction for a felony, crime of moral turpitude, offense of violence, sexually oriented offense or child-victim oriented offense, or firearms disability offense per Chapter 2923. of the Revised Code.

(6) For applicants applying to be commanders on or after July 1, 2017 , completion of a commander training program approved by the executive director.

(B) Upon receipt and verification of an application form for commander certification and completion of a commander conference, the executive director may issue a certificate to the applicant. Should the executive director refuse to issue a certificate, the notice of this action shall be sent to the applicant. Unless the decision was of a ministerial nature 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.

(C) Certification shall be renewed every five years. At least sixty days and no more than ninety days prior to expiration of the certificate, the individual shall submit, on a form prescribed by the executive director, an application for renewal that indicates the applicant has complied with the following:

(1) The applicant has conducted at least two basic training schools within the renewal period;

(2) The applicant has attended at least one commander conference within the renewal period if commander conferences are offered; and

(3) The applicant has completed at least twenty-four hours of training relevant to conducting and overseeing a basic training school.

(D) The executive director shall deny, refuse to renew, or revoke the certification of any commander for the following reasons:

(1) Failure to meet the minimum qualifications for certification or renewal listed in paragraphs (A) and (C) of this rule;

(2) A commander's evaluation reflecting unacceptable performance;

(3) Conviction for a felony, crime of moral turpitude, offense of violence, sexually oriented or child-victim oriented offense, or any other disqualifying offense;

(4) Falsifying information on records, application, or other documentation;

(5) Violation of rules promulgated under this chapter; or;

(6) For any other good cause shown.

The executive director shall notify the commander in writing of this revocation. The commander 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) The executive director may suspend the certification of any commander that is charged with any felony, crime of moral turpitude, offense of violence, sexually oriented or child-victim oriented offense, or any other disqualifying offenses .

(F) Should the executive director suspend or revoke the certificate, the executive director shall notify the commander in writing of this decision. The commander 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.

(G) Currently, approved peace officer school commanders can also administer basic schools approved by the executive director.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 2/3/2021
Promulgated Under: 119.03
Statutory Authority: R.C. 109.74
Rule Amplifies: R.C 109.73, R.C. 109.75
Prior Effective Dates: 04/11/1987, 07/07/2002, 04/24/2008, 02/03/2011, 07/01/2014, 07/01/2017

109:2-5-06 Approval of instructors.

Each instructor is required to have the approval of the executive director. Such approval will be based upon 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 of relevant experience as a court officer, law enforcement officer, or a corrections officer authorized to carry a firearm while on duty and required to complete an annual firearms requalification;

(3) Successful completion of an eighty-hour instructional skills course or equivalent as approved by the executive director;

(4) Submission of documentation of completion of instructor-level training which allows a person to acquire specific knowledge and skills in an area for which approval is sought;

(5) Recommendation of a current peace officer basic training or court officer basic commander.

(6) Persons approved to instruct topics in programs pursuant to Chapter 109:2-1 may instruct those same topics in a court officer basic school.

(B) Renewal of certification.

(1) 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 twelve clock hours of training in topics related to the basic course.

(b) Written evidence from a commander that the instructor has taught in at least one basic school for a minimum total of twelve teaching hours within the past three years.

(C) Denial of certification, denial of renewal of certification, or revocation of certification:

Should the executive director refuse to issue or renew a certificate, or should the executive director suspend or revoke a certificate, notice of this action shall be sent to the applicant. Unless the decision is of a ministerial nature, 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.

(D) Grounds for denial or revocation of instructor certification.

(1) Failure to meet the minimum qualifications for instructor certification listed in paragraph (A) of this rule;

(2) Failure to meet renewal criteria;

(3) Failure to meet renewal deadline;

(4) Submission of falsified records, application, or other documentation;

(5) Unacceptable performance evaluations;

(6) Convictions of a felony, a crime of moral turpitude, offense of violence, sexually oriented or child-victim oriented offense, or any other peace officer disqualifying offense;

(7) Any other good cause shown.

(E) The executive director may suspend the certification of any instructor that is charged with any felony, crime of moral turpitude, offense of violence, sexually oriented or child-victim oriented offense, or any other peace officer disqualifying offense.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 2/3/2021
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.75
Prior Effective Dates: 04/11/1987, 07/07/2002, 04/24/2008, 02/03/2011, 07/01/2014

109:2-5-07 Certification of court officers.

(A) Upon successful completion of an approved basic course a court officer shall be issued a certificate of completion by the executive director.

(B) Receipt of the certificate by a court officer 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.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 11/17/2020
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.75
Prior Effective Dates: 04/11/1987, 07/07/2002

109:2-5-08 Attendance.

(A) Each student must attend all sessions of the school.

(B) 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.

Five Year Review (FYR) Dates: 02/03/2016 and 02/03/2021
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.75
Prior Effective Dates: 4/11/1987, 7/72002, 4/24/2008

109:2-5-09 [Rescinded].

Effective: 1/1/2018
Five Year Review (FYR) Dates: 9/20/2017
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.75
Prior Effective Dates: 04/11/1987, 07/07/2002, 04/24/2008, 02/03/2011

109:2-5-10 Credit for prior equivalent training.

A person requesting credit for prior firearms training must submit documentation of successful completion of an Ohio peace officer training commission approved firearms training program. The training must have been approved by the executive director and taken prior to employment as a court officer. They will, at the same time, submit documentation of current requalification with their duty weapon. Submission will be made on a form supplied by the executive director.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 2/3/2021
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.75
Prior Effective Dates: 04/11/1987, 07/07/2002, 04/24/2008, 02/03/2011

109:2-5-11 Forms.

All forms referenced in this chapter can be found at http://www.ohioattorneygeneral.gov/files/forms/forms-for-law-enforcement/law-enforcement-training-forms.aspxor by contacting the Ohio peace officer training academy at askopota@ohioattorneygeneral.gov

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Effective: 09/01/2014
R.C. 119.032 review dates: 08/22/2019
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.75