(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 (A) 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) 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) above shall be in accordance with R.C. Ch. 119.
(R.C. § 737.162)
(B) Probationary period; final appointment. Any appointments made shall be for a probationary period of one-year 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.
(2000 Code, § 34.05) (Ord. O-21-18, passed 7-23-2018)