(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 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 either completed at least sixteen years of
full-time active service as such peace officer or have completed equivalent
service as determined by the executive director, 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 law enforcement training or education and who is
appointed, or seeking an appointment, as a peace officer in Ohio may request
credit for that portion of the basic training course which is equivalent to
training previously completed. Training or education which shall be accepted
includes, 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 determine the training the person shall be required to complete in a
commission-approved basic training school.
(3) Applicants that have
five or more years of full-time experience in a position in another state that
is substantially similar to that of an Ohio peace officer or as a full-time
sworn agent employed by a federal law enforcement agency, and has been employed
in that position within the previous four years, shall only be required to
complete statutorily mandated peace officer basic training topics and other
peace officer basic material specific to Ohio.
(4) Credit for equivalent training may
also be given under this rule for experience when the applicant can, through a
means that the executive director has approved in advance, demonstrate to the
executive director a level of proficiency that is equivalent to the proficiency
required to complete one or more portions of the basic training
course.
(5) All applicants,
regardless of the amount of credit received, shall be required to sit for and
successfully complete a statewide certification exam set forth in rule
109:2-1-11 of the Administrative Code and, prior to carrying a firearm during
the course of their official duties, shall successfully complete a firearms
requalification course pursuant to section 109.801 of the Revised
Code.
(6) 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.
(7) Evidence of
successful completion of a commission approved basic training course shall not
be accepted for prior equivalent credit.
(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 division (A) of section 109.71 of the Revised Code, or
up to ninety days prior to appointing a person to a peace officer position, 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 no
appointment as either a peace officer or a trooper for one year or less, shall
remain eligible for re-appointment as a peace officer and shall not be required
to complete additional, specialized training to remain eligible for
re-appointment as a peace officer.
(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 either a peace officer or a trooper for more than one year 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. This course and appropriate examination must be approved by
the executive director and shall be sufficient in content and subject material
to refresh that officer's knowledge of the role, function, and practices
of a peace officer in light of that officer's past training and
experience. Officers have one year from the date of re-appointment to complete
the refresher course, and may perform the functions of a peace officer during
that period. 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 that mandated
specialized training within one year of re-appointment as a peace officer or
else demonstrate to the executive director a level of proficiency in that area
of specialized training that is equivalent to the proficiency of one who has
completed such training.
(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 either a peace officer or a trooper for more than four years
shall, upon re-appointment as a peace officer, complete the basic training
course at a commission-approved basic training school prior to performing the
functions of a peace officer.
(4) Notwithstanding the
training requirements set forth in paragraphs (D)(1), (D)(2), and (D)(3) 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),
(D)(2), and (D)(3) of this rule provided that they present satisfactory
evidence of the service member's discharge under honorable conditions or
release under honorable conditions from active duty or national guard duty
within six months after the discharge or release.
(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, including continuing
professional training pursuant to section 109.803 of the Revised Code, shall
also be required of sheriffs who wish to maintain a current and valid peace
officer certificate during their term in office.
(F) Any person who has been awarded a
certificate of completion of basic training by the executive director and has
been appointed as a deputy inspector general under section 121.48 of the
Revised Code shall be considered a peace officer during the term of the deputy
inspector general's appointment for the purpose of maintaining a current
and valid basic training certificate. Any training requirements required of
peace officers, including continuing professional training pursuant to section
109.803 of the Revised Code, shall also be required of deputy inspector
generals who wish to maintain a current and valid peace officer certificate.
(G) 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 that
certifies that person's compliance with the training requirements listed
in this rule.
(H) 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 unexpected 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 (F) of this rule shall remain in effect until such time as the
commission makes the determination to grant or deny the request.
(I) 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.