Ohio § 505.49

§ 505.49.

(A) As used in this section, “felony” has the same meaning as in section 109.511 of the Revised Code . (B)(1) The township trustees of a township police district, by a two-thirds vote of the

board, or a joint police district board, by majority vote of its members, may adopt

rules necessary for the operation of the township or joint police district, including

a determination of the qualifications of the chief of police, patrol officers, and

others to serve as members of the district police force. (2) Except as otherwise provided in division (E) of this section and subject to division

(D) of this section, the township trustees of a township police district, by a two-thirds

vote of the board or the joint police district board, by majority vote of its members,

shall appoint a chief of police for the district, determine the number of patrol officers

and other personnel required by the district, and establish salary schedules and other

conditions of employment for the employees of the township or joint police district.  The chief of police of the district shall serve at the pleasure of the township

trustees or the joint police district board and shall appoint patrol officers and

other personnel that the district may require, subject to division (D) of this section

and to the rules and limits as to qualifications, salary ranges, and numbers of personnel

established by the board of township trustees or the joint police district board.  The township trustees may include in the township police district and under the

direction and control of the chief of police any constable appointed pursuant to section 509.01 of the Revised Code , or may designate the chief of police or any patrol officer appointed by the chief

of police as a constable, as provided for in section 509.01 of the Revised Code , for the township police district. (3) Except as provided in division (D) of this section, a patrol officer, other police

district employee, or police constable, who has been awarded a certificate attesting

to the satisfactory completion of an approved state, county, or municipal police basic

training program, as required by section 109.77 of the Revised Code , may be removed or suspended only under the conditions and by the procedures in sections 505.491 to 505.495 of the Revised Code .  Any other patrol officer, police district employee, or police constable shall serve

at the pleasure of the township trustees or joint police district board.  In case of removal or suspension of an appointee by the board of township trustees

of a township police district or the joint police district board, that appointee may

appeal the decision of either board to the court of common pleas of the county in

which the district is situated to determine the sufficiency of the cause of removal

or suspension.  The appointee shall take the appeal within ten days of written notice to the appointee

of the decision of the board. (C)(1) Division (B) of this section does not apply to a township that has a population of

ten thousand or more persons residing within the township and outside of any municipal

corporation, that has its own police department employing ten or more full-time paid

employees, and that has a civil service commission established under division (B) of section 124.40 of the Revised Code .  The township shall comply with the procedures for the employment, promotion, and

discharge of police personnel provided by Chapter 124. of the Revised Code, except

as otherwise provided in divisions (C)(2) and (3) of this section. (2) The board of township trustees of the township may appoint the chief of police, and

a person so appointed shall be in the unclassified service under section 124.11 of the Revised Code and shall serve at the pleasure of the board.  A person appointed chief of police under these conditions who is removed by the

board or who resigns from the position shall be entitled to return to the classified

service in the township police department, in the position that person held previous

to the person's appointment as chief of police. (3) The appointing authority of an urban township, as defined in section 504.01 of the Revised Code , may appoint to a vacant position any one of the three highest scorers on the eligible

list for a promotional examination. (4) The board of township trustees of a township described in this division shall determine

the number of personnel required and establish salary schedules and conditions of

employment not in conflict with Chapter 124. of the Revised Code. (5) Persons employed as police personnel in a township described in this division on

the date a civil service commission is appointed pursuant to division (B) of section 124.40 of the Revised Code , without being required to pass a competitive examination or a police training program,

shall retain their employment and any rank previously granted them by action of the

township trustees or otherwise, but those persons are eligible for promotion only

by compliance with Chapter 124. of the Revised Code. (6) This division does not apply to constables appointed pursuant to section 509.01 of the Revised Code .  This division is subject to division (D) of this section. (D)(1) The board of township trustees or a joint police district board shall not appoint

or employ a person as a chief of police, and the chief of police shall not appoint

or employ a person as a patrol officer or other peace officer of a township police

district, township police department, or joint police district on a permanent basis,

on a temporary basis, for a probationary term, or on other than a permanent basis

if the person previously has been convicted of or has pleaded guilty to a felony. (2)(a) The board of township trustees or joint police district board shall terminate the

appointment or employment of a chief of police, patrol officer, or other peace officer

of a township police district, township police department, or joint police district

who does either of the following: (i) Pleads guilty to a felony; (ii) Pleads guilty to a misdemeanor pursuant to a negotiated plea agreement as provided

in division (D) of section 2929.43 of the Revised Code in which the chief of police, patrol officer, or other peace officer of a township

police district, township police department, or joint police district agrees to surrender

the certificate awarded to that chief of police, patrol officer, or other peace officer

under section 109.77 of the Revised Code . (b) The board shall suspend the appointment or employment of a chief of police, patrol

officer, or other peace officer of a township police district, township police department,

or joint police district who is convicted, after trial, of a felony.  If such chief of police, patrol officer, or other peace officer files an appeal

from that conviction and the conviction is upheld by the highest court to which the

appeal is taken, or, if no timely appeal is filed, the board shall terminate the appointment

or employment of that chief of police, patrol officer, or other peace officer.  If the chief of police, patrol officer, or other peace officer of a township police

district, township police department, or joint police district files an appeal that

results in that chief of police's, patrol officer's, or other peace officer's acquittal

of the felony or conviction of a misdemeanor, or in the dismissal of the felony charge

against the chief of police, patrol officer, or other peace officer, the board shall

reinstate that chief of police, patrol officer, or other peace officer.  A chief of police, patrol officer, or other peace officer who is reinstated under

division (D)(2)(b) of this section shall not receive any back pay unless the conviction

of that chief of police, patrol officer, or other peace officer of the felony was

reversed on appeal, or the felony charge was dismissed, because the court found insufficient

evidence to convict the chief of police, patrol officer, or other peace officer of

the felony. (3) Division (D) of this section does not apply regarding an offense that was committed

prior to January 1, 1997. (4) The suspension or termination of the appointment or employment of a chief of police,

patrol officer, or other peace officer under division (D)(2) of this section shall

be in accordance with Chapter 119. of the Revised Code. (E) The board of township trustees or the joint police district board may enter into

a contract under section 505.43 or 505.50 of the Revised Code to obtain all police protection for the township police district or joint police

district from one or more municipal corporations, county sheriffs, or other townships.  If the board enters into such a contract, subject to division (D) of this section,

it may, but is not required to, appoint a police chief for the district. (F) The members of the police force of a township police district of a township, or of

a joint police district board comprised of a township, that adopts the limited self-government

form of township government shall serve as peace officers for the township territory

included in the district. (G) A chief of police or patrol officer of a township police district, township police

department, or joint police district may participate, as the director of an organized

crime task force established under section 177.02 of the Revised Code or as a member of the investigatory staff of that task force, in an investigation

of organized criminal activity in any county or counties in this state under sections 177.01 to 177.03 of the Revised Code .