Chapter 4501:2-6 Administrative Rules

4501:2-6-01 Definitions.

(A) "Administrative investigation" means any investigation or inquiry conducted by a supervisor, or other person specifically designated by a supervisor into the alleged improper conduct by any member.

(B) "Commissioned officer" means the rank of lieutenant and above.

(C) "Deadly force" means any force which carries a substantial risk that it will proximately result in the death or serious bodily injury of any person.

(D) "Division" means the Ohio state highway patrol.

(E) "Member" means any sworn officer, except police officers, employed by the Ohio state highway patrol.

(F) "Officer in charge" means an officer designated with the responsibility for a specific shift or assignment.

(G) "On duty" means any of the following:

(1) In uniform and performing job related activities; or

(2) Acting pursuant to an order from a supervisor or engaged in or carrying out any duty required of a member; or

(3) Operating or being a passenger in motor equipment owned or leased by the division or the state of Ohio.

(H) "Supervisor" means the rank of sergeant and above.

Replaces: 4501:2-6-01

Effective: 04/29/2011
Promulgated Under: 111.15
Statutory Authority: R.C. 5503.03
Rule Amplifies: R.C. 5503.03
Prior Effective Dates: 8/1/67, 3/24/84, 8/9/91

4501:2-6-02 Performance of duty and conduct.

(A) A member shall be subject to any applicable provision of the Revised Code and Administrative Code including, but not limited to, Chapter 5503. of the Revised Code. A member shall also be subject to all of the division's rules, adopted under section 111.15 of the Revised Code and published in the rules and regulations of the division, and all provisions of any applicable collective bargaining agreement.

(B) Performance of duty

(1) A member shall carry out all duties completely and without delay, evasion or neglect. Members shall report for duty at the time and place specified or scheduled by their supervisor, properly attired, and ready to assume on-duty status.

(2) A member shall submit all required reports without delay and in accordance with directives established by the superintendent.

(3) A member, while on duty, shall not be absent from his/her district, post, section, unit, detail or assignment without authorization and shall be available through usual communication channels.

(4) Members who are off duty shall keep their supervisor advised when they are not available for recall to duty.

(5) Members who fail to perform their duties because of an error in judgment, or otherwise fail to satisfactorily perform a duty of which such member is capable, may be charged with inefficiency. Unsatisfactory performance may be demonstrated by a lack of job-related knowledge, an unwillingness or inability to perform assigned tasks, failure to take required action, or failure to take appropriate action at any time.

(6) Any member who at any time becomes aware of another employee's impending or actual violations of the rules and regulations, the directives of the superintendent, or violations of any criminal or civil statutes, shall take immediate action to prevent such violations and then report the violations to a supervisor as soon as possible.

(C) Assistance to the public

A member, while on duty, shall offer and render appropriate assistance to anyone in need. Members shall not make unsolicited endorsements regarding the use or procurement of a particular product or service.

(D) Credentials: Use of official identification

(1) A member, while off duty, shall not wear any part of the uniform or convert to personal use any issued equipment without the permission of the superintendent.

(2) A member shall not permit any other person to use his/her badge, identification card or any other part of the uniform or equipment assigned to the member.

(3) A member, while on duty, shall provide proper identification to any person upon demand, including name, badge number and/or unit number.

(E) False statement, truthfulness

(1) A member shall not make any false statement, verbal or written, or false claims concerning his/her conduct or the conduct of others.

(2) A member shall not, in any manner, cheat on, or tamper with, an examination, test, or measurement. A member shall not, nor attempt to, obtain, furnish, or accept answers or questions to examinations.

(3) A member shall not feign illness or injury, falsely report illness or injury, or otherwise deceive, or attempt to deceive, any official of the division as to the condition of his/her health.

(F) Rewards, bribes, payment for duty

(1) A member shall not solicit or accept any reward, bribe, gratuity, gift of any nature, payment or compensation for the performance of any duty for which a regular salary is received.

(2) A member shall not use or attempt to use his/her official position to secure anything of value that would not ordinarily accrue to the member.

(3) Any member offered a bribe shall report it immediately to a supervisor.

(4) Any member who is offered or receives a reward, gift, or gratuity shall take immediate action to return such item and shall report it immediately to a supervisor.

(G) Off-duty employment

(1) A member shall not engage in any off-duty employment which hinders or interferes with the performance of his/her duties. A member shall not engage in any off-duty employment that represents a conflict of interest with the performance of his/her duties.

(2) A member shall not engage in off-duty employment unless such employment has been approved, in writing, according to directives established by the superintendent.

(3) A member shall not use division equipment or supplies for any purpose in off-duty employment unless authorized by the superintendent.

(H) Release and control of information

(1) A member shall keep in confidence any information acquired in the performance of his/her duties when the release of such information might be embarrassing or damaging to any person or the division. A member shall divulge such information only when necessary to do so by reason of subpoena, or other court action, or upon the lawful order of a supervisor.

(2) A member shall give information to the news media in accordance with directives established by the superintendent.

(I) Conduct unbecoming an officer

A member may be charged with conduct unbecoming an officer in the following situations:

(1) For conduct, on or off duty, that may bring discredit to the division and/or any of its members or employees. A member shall not engage in any conduct which could reasonably be expected to adversely affect the public's respect, confidence, or trust for Ohio state highway patrol troopers and/or the division.

(2) For committing any crime, offense or violation of the laws of the United States, the state of Ohio, or any municipality.

(3) For any improper on-duty association with any individual for purposes other than those necessary for the performance of official duties

(4) A member shall perform his/her duties in a professional, courteous manner.

(J) Sexual harassment and discrimination

(1) No member shall sexually harass any person. "Sexual harassment" is defined as the unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or contact, or innuendo of a sexual nature. No member shall, by his/her actions, create an intimidating, hostile, or offensive work environment.

(2) A member shall not make disparaging comments, statements, acts, or discriminate against any person on the basis of age, sex, marital status, race, color, creed, national origin, religion, handicap, political affiliation or sexual preference/orientation.

(K) Use of alcohol

(1) A member shall not consume any kind of alcoholic beverage while on duty unless approved by the superintendent or designee.

(2) A member shall not report for duty or return to duty showing any evidence or effects of alcoholic beverage consumption.

(L) Use of narcotics and controlled substances

A member shall not use any narcotic or any other controlled substance except as prescribed by a physician. The member shall notify a supervisor, prior to reporting for duty or operating any division equipment, that the member is taking a prescribed narcotic or controlled substance. A member shall report any potential side effects that may affect fitness for duty to a supervisor.

(M) Gambling

A member shall not indulge in any type of gambling while on duty.

(N) Bail and bond, prohibited

A member, while on duty, shall not undertake as surety on bond, furnish bail, recommend bond or recommend an attorney for any person.

(O) Court action

(1) Members shall report, in writing, as soon as possible, to his/her supervisors, any court action instituted against them.

(2) No member, while on duty, shall appear as a witness in a court action, except when subpoenaed to appear based on an action arising from his/her employment with the division.

(P) Involvement in motor vehicle crash

A member, while on duty, who is involved in a motor vehicle crash shall report the crash to a supervisor immediately.

(Q) Personal financial responsibility

A member shall pay all debts and obligations that are his/her legal responsibility.

(R) Soliciting funds, raffles and lotteries A member, while on duty, shall not solicit funds nor sell any tickets or memberships for any non-charity organization, function, raffle or lottery.

(S) Appearance

A member, while on duty, shall maintain a neat, well groomed appearance according to the written directives established by the superintendent.

(T) Personal health and job related injuries

(1) A member shall keep physically fit and be in compliance with standards of the highway patrol health and physical fitness program.

(2) A member may be periodically examined by the patrol medical staff or other designated medical or professional personnel to determine the member's level of physical or psychological fitness.

(3) A member who contracts any disease, illness, or injury that would affect the performance of his/her duties shall report such fact to a supervisor as soon as possible.

(4) A member who becomes pregnant shall, as soon as possible, have the required divisional medical forms completed by her attending physician and returned to a supervisor. The member shall thereafter submit such additional completed medical forms as required to evaluate such member's ability to continue her performance of duty.

(U) Use of leaves

A member shall be entitled to all leaves applicable to employees of the state of Ohio and all shall be governed by the sections of the Ohio Revised Code, Administrative Code, or the current collective bargaining agreement that may be applicable to such leaves.

(V) Response to resistance and firearms

(1) A member shall only use that force reasonable to effect an arrest, detention, or mission. A member shall not infringe on the rights of an individual within his/her control.

(2) A member shall exercise care in handling, carrying, transporting, storing and using firearms so as to avoid endangering any persons. A member shall only draw and display his/her firearm in time of demonstrated need, for official inspection, or during training, qualification, or cleaning.

(3) A member shall be permitted to use division issued firearms in accordance with directives established by the superintendent.

(4) A member, while off duty, shall not carry a firearm issued by the division unless authorized by the superintendent

(W) Evidence and recovered property

A member shall carefully protect and preserve for proper disposition any article of property recovered or turned over to him/her after loss by its rightful owner, held as evidence, seized from a prisoner or otherwise entrusted to his/her care. A member shall exercise diligence in safeguarding vehicles, or property connected with a crash, or other incident, in order that such property shall be returned to its rightful owner without damage, loss or unnecessary delay. A member taking control of any such property shall secure that property and report its recovery according to directives established by the superintendent.

(X) Living quarters

(1) A member shall establish living quarters in such location as is necessary for the discharge of all regular duties and in compliance with applicable provisions of the current collective bargaining agreement and/or directives established by the superintendent.

(2) A member shall immediately establish telephone service, by cellular or landline, upon occupying living quarters and shall maintain such service to permit ready contact concerning regular and emergency duties.

(3) A member shall promptly answer or respond to any telephone call from the division.

(Y) Compliance to orders

(1) A member shall immediately and completely carry out the lawful orders of a supervisor, or designated officer in charge, which pertain to the discharge of the member's duties.

(2) A member shall conform with, and abide by, all rules, regulations, orders and directives established by the superintendent for the operation and administration of the division.

(3) A member is prohibited from using audio or video recording devices in the workplace unless used in the member's normal job duties or as outlined in the collective bargaining agreement.

(4) A member is prohibited from soliciting, or arranging for, other individuals to engage in recording any conversation, telephone calls, or other activities in the workplace.

(Z) Loitering

Members shall not spend unreasonable amounts of time, while on duty, at any public or private establishment or location, unless acting in the official performance of his/her duties.

Effective: 04/29/2011
Promulgated Under: 111.15
Statutory Authority: R.C. 5503.03
Rule Amplifies: R.C. 5503.03
Prior Effective Dates: 8/1/67, 3/24/84, 8/9/91, 12/1/95, 2/1/96, 1/8/00

4501:2-6-03 Command and military courtesy.

(A) Responsibility of command

A member who is in command of any post, district, section, unit, detail or assignment, or part thereof, either on a temporary or permanent basis, shall be held responsible for the efficiency, discipline, performance and welfare of the persons under his/her command, for facilities assigned under this command, and for the performance and condition of all equipment and the effective discharge of the duties and responsibilities of the division within the scope of this command.

(B) Succession of command

In the absence or incapacitation of the designated commander of any post, district, section, unit, detail or assignment, or when two or more members are performing a duty in the absence of a designated commander, the member senior in rank or grade, or with longer time in rank or grade, shall assume command until relieved by a superior officer, except that any commander may specifically designate a member to fulfill a supervisory position on a temporary basis.

(C) Responsibility for orders

A supervisor or officer in charge shall be held strictly responsible and accountable for all orders and instructions issued to those under the member's command, and for any consequences arising from the discharge of the member's orders and instructions.

(D) Military courtesy and respect for rank

(1) A member, while on duty and in uniform, shall render a hand salute to the commissioned officers of the division, the governor, the director of public safety, and commissioned officers of other law enforcement agencies, whom the member encounters out of doors and when the member is not engaged in such duties that would render the salute impractical.

(2) A member shall address commissioned officers by their rank or by using the words "sir" or "ma'am".

(3) A member shall not act or speak in an insubordinate manner to any supervisor.

(4) A supervisor shall not bring physical or verbal abuse upon a subordinate.

(5) A member will honor the flag of the United States of America and/or the national anthem according to the customs of the country. When in uniform, a member will render a hand salute during the raising or lowering of the flag or during the playing of the anthem except when the member is engaged in duties that would render the salute impractical.

(E) Personal interview with supervisor

A member shall be granted a personal interview with a supervisor upon request and without unnecessary delay.

(F) Complaints and grievances

Any complaint by a member shall be submitted to a supervisor. A written complaint or grievance filed by an exempt employee shall be processed in accordance with directives established by the superintendent. Grievances filed by bargaining unit members will be subject to the provisions of the applicable collective bargaining agreement.

Effective: 04/29/2011
Promulgated Under: 111.15
Statutory Authority: R.C. 5503.03
Rule Amplifies: R.C. 5503.03
Prior Effective Dates: 1/8/00, 2/1/96, 8/9/91, 3/20/84, 8/1/67

4501:2-6-04 Promotions.

(A) Under the authority of section 5503.03 of the Revised Code, the superintendent, with the approval of the director, shall promote members of the division from one rank to another.

(B) The superintendent shall promulgate directives determining promotional eligibility requirements for each rank in the division.

(C) No member shall release any information or portion thereof concerning the confidential elements of the promotional process except as directed by the superintendent.

Effective: 04/29/2011
Promulgated Under: 111.15
Statutory Authority: R.C. 5503.03
Rule Amplifies: R.C. 5503.03
Prior Effective Dates: 8/1/67, 3/24/84, 8/9/91, 2/1/96

4501:2-6-05 Equipment.

(A) Care of equipment

(1) A member shall be responsible and accountable for any equipment assigned or placed under his/her control.

(2) A member shall not intentionally or negligently damage, abuse or misuse any equipment.

(3) A member shall keep all assigned equipment in good condition and ready for immediate use.

(4) A member shall not modify or alter any division equipment nor install any accessories on said equipment without authorization from a supervisor.

(5) A member shall immediately report any damage or loss of division equipment to a supervisor.

(B) Use of equipment

(1) A member shall not use division equipment or facilities except in the performance of official duties.

(2) A member shall not permit persons to enter or be transported in division motor equipment unless it is part of his/her official duties or when directed to do so by a supervisor.

(3) A member shall not permit any person to use or operate division equipment unless:

(a) It is necessary during an emergency condition, or

(b) The member has been authorized to do so by a supervisor, or

(c) It is a necessary part of authorized repairs or maintenance.

(4) A member shall, while on duty, carry the division issued firearm for which proficiency has been established in accordance with division directives.

(5) A member, while on duty, may carry a second handgun in accordance with division directives.

(6) A member, while on duty, shall not carry or use any unauthorized equipment without the prior approval of the superintendent.

(C) Wearing the uniform

(1) A member shall wear all uniform equipment according to the directives established by the superintendent.

(2) A member shall not wear any unauthorized equipment without prior supervisory approval.

(3) A member shall not wear any uniform equipment to any personal or private activity unless authorized to do so by a supervisor.

(D) Motor vehicle and aircraft operation

(1) A member shall operate all division motor vehicles and aircraft in accordance with all applicable laws and directives. A member shall operate motor vehicles and aircraft in a careful and prudent manner.

Effective: 04/29/2011
Promulgated Under: 111.15
Statutory Authority: R.C. 5503.03
Rule Amplifies: R.C. 5503.03
Prior Effective Dates: 8/1/67, 3/24/84, 8/9/91, 2/1/96, 1/8/00

4501:2-6-06 Administrative investigation.

(A) When there is reason to believe that a member has violated a rule or regulation of the division, the directives of the superintendent, or of any criminal or civil statute(s), an administrative investigation shall be conducted.

(B) Administrative investigation

All administrative investigations shall be conducted in accordance with the directives established by the superintendent. Members shall be informed of all applicable rights.

(C) Discipline

Discipline for violations of the rules and regulations of the division may be given as follows:

(1) "Verbal reprimand" - with appropriate notation in employee's personnel file, may be given to a subordinate by any supervisor with the approval of the commander of the office of personnel or his/her designee.

(2) "Written reprimand" - may be assessed to a subordinate by a post commander or other commissioned officer with the approval of the commander of the office of personnel or his/her designee.

(3) "Suspension" or "Fine" - at the direction of the superintendent and with the approval of the director of the department of public safety, a member may be suspended or fined.

(4) "Demotion or removal" - at the direction of the superintendent, and with the approval of the director of the department of public safety, a member may be demoted or removed.

Effective: 04/29/2011
Promulgated Under: 111.15
Statutory Authority: R.C. 5503.03
Rule Amplifies: R.C. 5503.03
Prior Effective Dates: 8/1/67, 3/24/84, 8/9/91, 2/1/96, 1/8/00

4501:2-6-07 Code of ethics and oath of office.

(A) Code of ethics

(1) Members of the Ohio state highway patrol in recognizing their responsibilities as public servants, shall be particularly attentive to citizens seeking assistance and/or information or who desire to give evidence or register a complaint. Members shall broaden their knowledge of the state and its laws, better enabling them to satisfy the demands of the public.

(2) They shall accept their responsibility to the public by being punctual in their engagements and expeditious in the performance of their duty.

(3) They shall regard their office as a public trust and in the discharge of their duties be mindful of their primary obligations to serve the public efficiently and effectively.

(4) They shall administer the law in a just, impartial manner, affording the same reasonable treatment in all cases. They shall recognize the limitations of their authority and at no time use the power of their office for their own personal advantage.

(5) They shall be true to their obligations as custodians of public property bearing in mind that the misuse or waste of public property is equally as reprehensible as the misuse or waste of money from the public treasury.

(6) They shall not limit their effectiveness in the administration of their office by accepting gratuities or favors.

(7) They shall cooperate fully with other public officials to assure the safety and general welfare of the public. They shall not permit jealousies or personal differences to influence their ability to cooperate with other members of the division or other agencies.

(8) They shall add to their effectiveness by diligent study and sincere attention to self-improvement, including physical readiness. They shall welcome the opportunity to disseminate practical and useful information relating to matters of the public's safety and welfare.

(9) They shall so conduct their private and public life that the public will regard them as examples of stability, fidelity and morality.

(10) They shall bear faithful allegiance to their government, and be loyal to their profession. They shall accept as a sacred obligation their responsibility to support the constitution of the United States and the constitution of the state of Ohio. As public officers, they shall consider the privilege of defending the principles of liberty the greatest honor that may be bestowed upon any person.

(B) Oath of office

Every member of the uniformed division of the Ohio state highway patrol shall make the following oath of office at the time of appointment as a trooper.

"I do solemnly swear/affirm that I will support the constitution of the United States and the constitution of the state of Ohio, and that I will faithfully, honestly and impartially discharge the duties of the office of trooper in the Ohio state highway patrol to the best of my ability, during my continuance in that office."

Effective: 04/29/2011
Promulgated Under: 111.15
Statutory Authority: RC. 5503.03
Rule Amplifies: RC. 5503.03
Prior Effective Dates: 1-18-00