The designation “Marshal”, wherever used in this code, is defined to include the term “Police Chief”, and the designation “Police Chief”, wherever used in this code, is defined to include the term “Marshal”.
(A) Each municipality shall have a Marshal or designated Police Chief, appointed by the Mayor with the advice and consent of the Legislative Authority, who need not be a resident of the municipality at the time of appointment, but shall become a resident thereof within six months after appointment by the Mayor and confirmation by the Legislative Authority, unless the residence requirement is waived by ordinance, and who shall continue in office until removed therefrom as provided by § 34.06.
(B) No person shall receive an appointment under this section unless, not more than 60 days prior to receiving an appointment, the person has passed a physical examination given by a licensed physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife, showing that the person meets the physical requirements necessary to perform the duties of Marshal as established by the Legislative Authority. The appointing authority shall, prior to making any appointment, file with the Ohio Police and Fire Pension Fund a copy of the report or findings of this licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife. The professional fee for the physical examination shall be paid for by the Legislative Authority.
(R.C. § 737.15) (Rev. 2003)
(A) The Mayor shall, when provided for by the Legislative Authority, and subject to its confirmation, appoint all deputy marshals, police officers, night guards, and special police officers. All officers shall continue in office until removed therefrom for the cause and in the manner provided by § 34.08.
(B) No person shall receive an appointment under this section unless the person has, not more than 60 days prior to receiving appointment, passed a physical examination given by a licensed physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife, showing that the person meets the physical requirements necessary to perform the duties of the position to which the person is to be appointed as established by the Legislative Authority. The appointing authority shall, prior to making any appointment, file with the Ohio Police and Fire Pension Fund a copy of the report or findings of the licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse- midwife. The professional fee for the physical examination shall be paid for by the Legislative Authority.
(R.C. § 737.16) (Rev. 2003)
(A) The Legislative Authority may establish, by ordinance, an auxiliary police unit within the police department, and provide for the regulation of auxiliary police officers. The Mayor shall be the executive head of the auxiliary police unit, shall make all appointments and removals of auxiliary police officers, subject to any general rules prescribed by the Legislative Authority by ordinance, and shall prescribe rules for the organization, training, administration, control, and conduct of the auxiliary police unit. The Marshal shall have exclusive control of the stationing and transferring of all auxiliary police officers, under such general rules as the Mayor prescribes.
(B) (1) The Legislative Authority may establish, by ordinance, a parking enforcement unit within the police department, and provide for the regulation of parking enforcement officers. The Mayor shall be the executive head of the parking enforcement unit, shall make all appointments and removals of parking enforcement officers, subject to any general rules prescribed by the Legislative Authority by ordinance, and shall prescribe rules for the organization, training, administration, control, and conduct of the parking enforcement unit. The Mayor may appoint parking enforcement officers who agree to serve for nominal compensation, and persons with physical disabilities may receive appointments as parking enforcement officers.
(2) The authority of the parking enforcement officers shall be limited to the enforcement of ordinances governing parking in accessible parking locations and fire lanes and any other parking ordinances specified in the ordinance creating the parking enforcement unit. Parking enforcement officers shall have no other powers.
(3) The training of parking enforcement officers shall include instruction in general administrative rules and procedures governing the parking enforcement unit, the role of the judicial system as it relates to parking regulations and enforcement, proper techniques and methods relating to the enforcement of parking ordinances, human interaction skills, and first aid.
(R.C. § 737.161) (Rev. 2024)
Cross-reference: Auxiliary police unit established; executive head; appointments, see § 170.01 et. seq.(A) Offenses affecting employment.
(1) As used in this section, FELONY has the same meaning as in R.C. § 109.511.
(2) (a) The Mayor shall not appoint a person as a Marshal, a deputy marshal, a police officer, a night security officer, a special police officer, or an auxiliary police officer 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.
(b) 1. The Mayor shall terminate the employment of a Marshal, deputy marshal, police officer, night security officer, special police officer, or auxiliary police officer who does either of the following: pleads guilty to a felony; or pleads guilty to a misdemeanor pursuant to a negotiated plea agreement as provided in R.C. § 2929.43(D) in which the Marshal, deputy marshal, police officer, night security officer, special police officer, or auxiliary police officer agrees to surrender the certificate awarded to that person under R.C. § 109.77.
2. The Mayor shall suspend from employment a Marshal, deputy marshal, police officer, night security officer, special police officer, or auxiliary police officer who is convicted, after trial, of a felony. If the Marshal, deputy marshal, police officer, night security officer, special police officer, or auxiliary police officer files an appeal from that conviction and the conviction is upheld by the highest court to which the appeal is taken or if that person does not file a timely appeal, the Mayor shall terminate that person’s employment. If the Marshal, deputy marshal, police officer, night security officer, special police officer, or auxiliary police officer files an appeal that results in that person’s acquittal of the felony or conviction of a misdemeanor, or in the dismissal of the felony charge against that person, the Mayor shall reinstate that person. A Marshal, deputy marshal, police officer, night security officer, special police officer, or auxiliary police officer who is reinstated under this division shall not receive any back pay unless that person’s conviction of the felony was reversed on appeal, or the felony charge was dismissed, because the court found insufficient evidence to convict that person of the felony.
(c) This division (A)(2) of this section does not apply regarding an offense that was committed prior to January 1, 1997.
(d) The suspension from employment, or the termination of the employment, of a Marshal, deputy marshal, police officer, night security officer, special police officer, or auxiliary police officer under division (A)(2)(b) of this section shall be in accordance with R.C. Chapter 119.
(R.C. § 737.162) (Rev. 2004)
(B) Probationary period; final appointment. Any appointments made shall be for a probationary period of six months continuous service, and no appointments shall be deemed finally made until the appointee has satisfactorily served his or her probationary period. At the end of the probationary period the Mayor shall transmit to the Legislative Authority a record of the employee’s service with his or her recommendations thereon; and with the concurrence of the Legislative Authority, the Mayor may remove or finally appoint the employee.
(R.C. § 737.17) (Rev. 1997)
(A) Except as provided in § 34.05(A), if the Mayor has reason to believe that a duly appointed Marshal of the municipality has been guilty of incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other acts of misfeasance, malfeasance, or nonfeasance in the performance of his or her official duty, the Mayor shall file with the Legislative Authority written charges against the person, setting forth in detail the reason therefor and immediately shall serve a true copy thereof upon the person against whom they are made.
(B) Charges filed under this section shall be heard at the next regular meeting of the Legislative Authority occurring not less than five days after the date the charges have been served on the person against whom they are made. The person against whom charges are filed may appear in person and by counsel at the hearing, examine all witnesses, and answer all charges against him or her.
(C) At the conclusion of the hearing, the Legislative Authority may dismiss the charges, suspend the accused from office for not more than 60 days, or remove the accused from office.
(D) Action of the Legislative Authority removing or suspending the accused from office shall require the affirmative vote of two-thirds of all elected members.
(E) In the case of removal from office, the person so removed may appeal on questions of law and fact the decision of the Legislative Authority to the Court of Common Pleas. The person shall take the appeal within ten days from the date of the finding of the Legislative Authority.
(R.C. § 737.171) (Rev. 1997)
(A) The Marshal shall be the peace officer of the municipality and the executive head, under the Mayor, of the police force. The Marshal, and the deputy marshals, police officers, or night security officers under him or her shall have the powers conferred by law upon police officers in all municipalities of the state, and other powers not inconsistent with the nature of their offices as are conferred by ordinance.
(B) A Marshal, deputy marshal, or police officer of a municipality may participate, as the director of an organized crime task force established under R.C. § 177.02 or as a member of the investigatory staff of such a task force, in an investigation of organized criminal activity in any counties in this state under R.C. §§ 177.01 through 177.03.
(R.C. § 737.18)
(A) The Marshal has exclusive authority over the stationing and transfer of all deputies, officers, and employees within the police department under the general rules that the Mayor prescribes.
(B) (1) Except as provided in § 34.05(A), the Marshal has the exclusive right to suspend any of the deputies, officers, or employees in the police department who are under the management and control of the Marshal for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders given them by the proper authority, or for any other reasonable or just cause.
(2) If an employee is suspended under this section, the Marshal immediately shall certify this fact in writing, together with the cause for the suspension, to the Mayor and immediately shall serve a true copy of the charge upon the person against whom they are made. Within five days after receiving this certification, the Mayor shall inquire into the cause of the suspension and shall render a judgment on it. If the Mayor sustains the charges, the judgment of the Mayor may be for the person’s suspension, reduction in rank, or removal from the department.
(3) Suspensions of more than three days, reduction in rank, or removal from the department under this section may be appealed to the Legislative Authority within five days from the date of the Mayor’s judgment. The Legislative Authority shall hear the appeal at its next regularly scheduled meeting. The person against whom the judgment has been rendered may appear in person and by counsel at the hearing, examine all witnesses and answer all charges against him or her.
(4) At the conclusion of the hearing, the Legislative Authority may dismiss the charges, uphold the Mayor’s judgment, or modify the judgment to one of suspension for not more than 60 days, reduction in rank, or removal from the department.
(5) Action of the Legislative Authority removing or suspending the accused from the department requires the affirmative vote of two-thirds of all members elected to it.
(6) In the case of removal from the department, the person so removed may appeal on questions of law and fact the decision of the Legislative Authority to the Court of Common Pleas of the county in which the municipality is situated. The person shall take the appeal within ten days from the date of the finding of the Legislative Authority.
(C) The Marshal shall suppress all riots, disturbances, and breaches of the peace, and to that end may call upon the citizens to aid him or her. The Marshal shall arrest all disorderly persons in the municipality, and pursue and arrest any person fleeing from justice in any part of the state. The Marshal shall arrest any person in the act of committing an offense against the laws of the state or the ordinances of the municipality, and forthwith bring the person before the Mayor or other competent authority for examination or trial. The Marshal shall receive and execute proper authority for the arrest and detention of criminals fleeing or escaping from other places or states.
(D) In the discharge of his or her duties, the Marshal shall have the powers and be subject to the responsibilities of constables, and for services performed by the Marshal or his or her deputies the same fees and expenses shall be taxed as are allowed constables.
(R.C. § 737.19) (Rev. 1997)
All fees, costs, fines, and penalties collected by the Marshal shall immediately be paid to the Mayor, who shall report to the Legislative Authority monthly the amount thereof, from whom and for what purpose collected, and when paid to the Mayor.
(R.C. § 737.20)
(A) Stolen or other property recovered by members of the police force shall be deposited and kept in a place designated by the Mayor. Each article shall be entered in a book kept for that purpose, with the name of the owner, if ascertained, the person from whom taken, the place where found with general circumstances, the date of its receipt, and the name of the officer recovering it.
(B) An inventory of all money or other property shall be given to the party from whom taken, and, in case it is not claimed by some person within 30 days after arrest and seizure, it shall be delivered to the person from whom taken, and to no other person, either attorney, agent, factor, or clerk, except by special order of the Mayor.
(R.C. § 737.29)
Cross-reference:Disposition of unclaimed or forfeited property held by Police Department; regulations, see § 130.17If, within 30 days, the money or property recovered under § 34.10 is claimed by any person other than the person from whom the property was recovered from, it shall be retained by the custodian thereof until after the discharge or conviction of the person from whom it was taken, and so long as it may be required as evidence in any case in court. If the claimant establishes to the satisfaction of the court that he or she is the rightful owner, it shall be restored to him or her; otherwise, it shall be returned to the accused person, personally, and not to any attorney, agent, factor, or clerk of the accused person, except upon special order of the Mayor after all liens and claims in favor of the municipality have first been discharged and satisfied.
(R.C. § 737.31)
Cross-reference:Disposition of unclaimed or forfeited property held by Police Department; regulations, see § 130.17(A) Except as otherwise provided in this section and unless the property involved is required to be disposed of pursuant to another section of the Ohio Revised Code, property that is unclaimed for 90 days or more shall be sold by the Marshal, Police Chief or licensed auctioneer at public auction, after notice of the sale has been provided by publication once a week for three successive weeks in a newspaper of general circulation in the county or as provided in R.C. § 7.16. The proceeds of the sale shall be paid to the Treasurer and shall be credited to the General Fund of the municipality.
(B) If authorized to do so by an ordinance adopted by the Legislative Authority of the municipality and if the property involved is not required to be disposed of pursuant to another section of the Ohio Revised Code, the Police Chief or Marshal may contribute property that is unclaimed for 90 days or more to one or more public agencies, to one or more nonprofit organizations no part of the net income of which inures to the benefit of any private shareholder or individual and no substantial part of the activities of which consists of carrying on propaganda or otherwise attempting to influence legislation, or to one or more organizations satisfying IRC § 501(c)(3) or (c)(19).
(R.C. § 737.32) (Rev. 2012)
Cross-reference:Disposition of unclaimed or forfeited property held by Police Department; regulations, see § 130.17Upon the sale of any unclaimed or impounded property as provided in § 34.12, if any such unclaimed or impounded property was ordered removed to a place of storage or stored, or both, by or under the direction of the Police Chief or Marshal, any expenses or charges for the removal or storage, or both, and costs of sale, provided the same are approved by the Police Chief or Marshal, shall first be paid from the proceeds of the sale. Notice shall be given by registered mail 30 days before the date of sale to the owner and mortgagee, or other lien holder, at their last known address.
(R.C. § 737.33)
Cross-reference:Disposition of unclaimed or forfeited property held by Police Department; regulations, see § 130.17(A) The Legislative Authority, in order to obtain police protection or to obtain additional police protection or to allow police officers to work in multi-jurisdictional drug, gang or career criminal task forces, may enter into contracts with one or more municipal corporations, townships, township police districts, joint police districts, or county sheriffs in the state, with one or more park districts created pursuant to R.C. § 511.18 or 1545.01, with one or more port authorities, or with a contiguous municipal corporation in an adjoining state, upon any terms that are agreed upon, for services of police departments or the use of police equipment or for the interchange of services of police departments or police equipment within the several territories of the contracting subdivisions.
(B) The provisions of R.C. Chapter 2744, insofar as it applies to the operation of police departments, shall apply to the contracting political subdivisions and to the Police Department members when they are rendering service outside their own subdivisions pursuant to the contracts.
(C) Police Department members acting outside the subdivision in which they are employed, pursuant to a contract entered into under this section, shall be entitled to participate in any indemnity fund established by their employer to the same extent as while acting within the employing subdivision. Those members shall be entitled to all the rights and benefits of R.C. Chapter 4123, to the same extent as while performing service within the subdivision.
(D) The contracts may provide for:
(1) A fixed annual charge to be paid at the times agreed upon and stipulated in the contract;
(2) Compensation based upon:
(a) A stipulated price for each call or emergency;
(b) The number of members or pieces of equipment employed; or
(c) The elapsed time of service required in each call or emergency;
(3) Compensation for loss or damage to equipment while engaged in rendering police services outside the limits of the political subdivision owning and furnishing the equipment; and
(4) Reimbursement of the political subdivision in which the police department members are employed for any indemnity award or premium contribution assessed against the employing subdivision for workers’ compensation benefits for injuries or death of its police department members occurring while engaged in rendering police services pursuant to the contract.
(R.C. § 737.04) (Rev. 2012)
(E) Nonresident service without contract.
(1) The Police Department may provide police protection to any county, municipal corporation, township or township police district, or joint police district of the state, to a park district created pursuant to R.C. § 511.18 or 1545.01, to a port authority, to any multi-jurisdictional drug, gang or career criminal task force, or to a governmental entity of an adjoining state without a contract to provide police protection, upon the approval, by resolution, of the Legislative Authority and upon authorization by an officer or employee of the Police Department who is designated by title of office or position, pursuant to the resolution of the Legislative Authority, to give the authorization.
(2) The provisions of R.C. Chapter 2744, insofar as it applies to the operation of police departments, shall apply to the municipality and to members of its Police Department when the members are rendering police services pursuant to this section outside the municipality.
(3) Police Department members acting, as provided in this section, outside the municipality, shall be entitled to participate in any pension or indemnity fund established by their employer to the same extent as while acting within the municipality. Those members shall be entitled to all the rights and benefits of R.C. Chapter 4123, to the same extent as while performing services within the municipality.
(R.C. § 737.041) (Rev. 2012)
(A) As used in this section, PEACE OFFICER has the same meaning as in R.C. § 2935.01, except that the term does not include, for any purpose, the superintendent or any trooper of the State Highway Patrol.
(B) A peace officer who has completed a course of in- service training that includes training in the administration of oaths and the acknowledgment of documents and that is approved by the chief legal officer of the political subdivision in which the peace officer is elected or of the political subdivision or other entity in which or by which the peace officer is appointed or employed may administer oaths and acknowledge criminal and juvenile complaints, summonses, affidavits, and returns of court orders in matters related to the peace officer’s official duties.
(C) A trooper of the State Highway Patrol who has completed a course of in-service training that includes training in the administration of oaths and the acknowledgment of documents and that is approved by the Ohio Director of Public Safety may administer oaths and acknowledge criminal and juvenile court complaints, summonses, affidavits, and returns of court orders in matters related to the trooper’s official duties.
(D) Except as authorized by division (B) or (C) of this section, no peace officer or trooper who has completed a course of in-service training of a type described in division (B) or (C) of this section shall knowingly perform any act that is specifically required of a notary public unless the peace officer or trooper has complied with R.C. Chapter 147.
(R.C. § 2935.081) (Rev. 2019)