Effective: October 16, 1996
Latest Legislation: House Bill 566 - 121st General Assembly
(A) The marshal of a village has exclusive authority over the stationing and transfer of all deputies, officers, and employees within the police department of the village, under the general rules that the mayor prescribes.
(B) Except as provided in section 737.162 of the Revised Code, the marshal of a village has the exclusive right to suspend any of the deputies, officers, or employees in the village 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.
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 of the village and immediately shall serve a true copy of the charges 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.
Suspensions of more than three days, reduction in rank, or removal from the department under this section may be appealed to the legislative authority of the village 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 that person.
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 sixty days, reduction in rank, or removal from the department.
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.
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 village is situated. The person shall take the appeal within ten days from the date of the finding of the legislative authority.
(C) The marshal of a village shall suppress all riots, disturbances, and breaches of the peace, and to that end may call upon the citizens to aid the marshal. The marshal shall arrest all disorderly persons in the village 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 village and forthwith bring that 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.
In the discharge of the marshal's duties, the marshal shall have the powers and be subject to the responsibilities of constables, and, for services performed by the marshal or the marshal's deputies, the same fees and expenses shall be taxed as are allowed constables.
Structure Ohio Revised Code
Title 7 | Municipal Corporations
Section 737.01 | Director of Public Safety.
Section 737.02 | General Duties - Records - Contracts.
Section 737.021 | Division of Traffic Engineering and Safety in Department of Public Safety.
Section 737.022 | Authority of Director of Public Safety to Promulgate Certain Traffic Regulations.
Section 737.03 | Management of Certain Institutions - Contracts and Expenditures.
Section 737.04 | Mutual Aid Contracts for Police Protection.
Section 737.041 | Providing Police Service Without Contract.
Section 737.05 | Composition and Control of Police Department.
Section 737.051 | City Auxiliary Police Unit - City Parking Enforcement Unit.
Section 737.052 | Felony Conviction Precludes or Terminates Employment.
Section 737.06 | Chief of Police.
Section 737.07 | Hours of Work for Policemen in Cities - Leave of Absence.
Section 737.08 | Composition and Control of City Fire Department.
Section 737.081 | Criminal Records Check.
Section 737.082 | Employee Status of Volunteer Firefighter.
Section 737.09 | Chief of Fire Department.
Section 737.10 | Additional Patrolmen and Firemen in Emergency Situation.
Section 737.11 | General Duties of Police and Fire Departments.
Section 737.111 | Fines, Rewards and Fees of Police Department Credited to General Fund.
Section 737.112 | Fines, Proceeds and Fees of Fire Department Credited to General Fund.
Section 737.12 | Suspension of Police and Fire Personnel.
Section 737.13 | Classification of Service - Rules and Regulations.
Section 737.14 | Relief for Members of Police or Fire Department.
Section 737.15 | Appointment of Village Marshal.
Section 737.161 | Village Auxiliary Police Unit - Parking Enforcement Unit.
Section 737.162 | Felony Conviction Precludes or Terminates Employment.
Section 737.17 | Probationary Period - Final Appointment.
Section 737.171 | Procedure for Removal of Village Marshal.
Section 737.18 | General Powers of Village Police Officers.
Section 737.19 | Powers and Duties of Village Marshal.
Section 737.20 | Disposition of Fines and Penalties.
Section 737.21 | Municipal Fire Regulations, Department, Companies, and Rescue Units.
Section 737.22 | Appointment of Fire Chief or Fire Prevention Officer and Firefighters.
Section 737.221 | Criminal Records Check.
Section 737.222 | Employee Status of Volunteer Firefighter.
Section 737.23 | Schooling of Officers and Firemen of Fire Department.
Section 737.24 | Legislative Authority May Purchase Engines and Equipment.
Section 737.25 | Buildings for Department.
Section 737.27 | Investigation of Fires.
Section 737.28 | Erection of Houses and Business Structures - Removal.
Section 737.29 | Property Recovered by Police.
Section 737.31 | Disposition to Claimant.
Section 737.32 | Sale or Donation of Unclaimed Property.
Section 737.33 | Expenses of Storage and Sale - Notice.
Section 737.37 | Power of Legislative Authority to Regulate.
Section 737.40 | Voluntary Motor Vehicle Decal Registration Program.