Ordinance 2023-78

An Ordinance Amending Sections 129.02 by Adding Subsection (a)(9), and Amending Subsection (b), 129.03(a), (b)(1)(B) and (C), (c), and 129.04(b)(1) of the Codified Ordinances Regarding Appointment of Police Officers and Declaring an Emergency

  • Introduced by: Gutierrez
  • 1st Reading (12/11/2023)
  • Passed (12/11/2023)

Whereas, Chapter 129 of the Codified Ordinances of the Village of Chagrin Falls provides for appointment of Patrol Officers and the Chief of Police of the Village of Chagrin Falls has requested that certain changes be made to Chapter 129 of the Codified Ordinances regarding appointment of Patrol Officers and Police Officers.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. Codified Ordinance Section 129.02(a) is hereby amended to add a new Subsection 9 which reads as follows:

  1. (9) Police Officer. There is hereby created the position of Police Officer who is not considered to be a Regular Patrol Officer who may perform other duties including, but not limited to, acting as a School Safety Officer.

Section 2. Codified Ordinance Section 129.02(b) is hereby amended by revising the first sentence to read as follows:

  1. (b) All Full-Time Regular Patrol Officers and all Police Officers shall be appointed by the Mayor, subject to confirmation by Council.

Section 3. Codified Ordinance Section 129.02(b), in the first sentence, the full text of which follows is hereby repealed:

  1. (b) All Full-Time Regular Patrol Officers shall be appointed by the Mayor, subject to confirmation by Council.

Section 4. Codified Ordinance Section 129.03(a) is hereby amended in its entirety to read as follows:

  1. (a) All Full-Time Regular Patrol Officers and Police Officers shall be appointed for a probationary period of six months full-time continuous service, and no such appointment shall be deemed permanent until any such officer has satisfactorily served their probationary period. The Chief of Police, in the exercise of reasonable discretion, may extend the probationary period for a Full-Time Patrol Officer or Police Officer for an additional six month period. Part-Time Patrol Officer or Police Officers shall not be considered a “Permanent Appointment” or an “Original Appointment”.

Section 5. Existing Codified Ordinance Section 129.03(a) the full text of which follows is hereby repealed.

  1. (a) All Full-Time Regular Patrol Officers shall be appointed for a probationary period of six months full-time continuous service, and no such appointment shall be deemed permanent until any such patrol officer has satisfactorily served his probationary period. The Chief of Police, in the exercise of reasonable discretion, may extend the probationary period for a Full-Time Regular Patrol Officer for an additional six month period. Part-Time Patrol Officer shall not be considered a “Permanent Appointment” or an “Original Appointment”.

Section 6. Codified Ordinance Section 129.03(b)(1)(B) is hereby amended to read as follows:

  1. (B) Except as otherwise provided herein, (i) thirty-five (35) years of age for Original Appointment with no prior law enforcement or United States Military experience, (ii) forty (40) years of age for members of the United States Military who received an Honorable Discharge and (iii) forty-five (45) years of age for applicants who have service credit in one (1) of the three (3) Ohio qualified public pension systems shall be the maximum age for Original Appointment.

Section 7. Existing Codified Ordinance Sections 129.03(b)(1)(B), and 129.03(b)(1)(C), the full text of which follows are hereby repealed:

  1. (B) Except as otherwise provided herein, thirty-five (35) years of age shall be the maximum age for Original Appointment.

  2. (C) Applicants for Original Appointment who have service credit verified in one of three qualified Ohio law enforcement pension systems (Ohio Police and Fire Pension Fund; Ohio Public Employees Retirement System; Ohio Highway Patrol Retirement System) are granted up to a five year extension to the maximum age for Original Appointment. For such Applicants, the Village hereby establishes forty (40) years of age as the maximum age for Original Appointment.

Section 8. Codified Ordinance Section 129.03(c)(4) is hereby amended to read in its entirety as follows:

  1. (4) Have completed the Ohio Peace Officer’s Basic Training Academy at the time of appointment, and hold a current certificate of eligibility; or an active commission in good standing; and

Section 9. Existing Codified Ordinance Section 129.03(c)(4) the full text of which follows is hereby repealed:

  1. (4) Have completed the Ohio Peace Officer’s Basic Training Academy at the time of appointment; and

Section 10. Codified Ordinance Section 129.04(b)(1) is hereby amended in its entirety to read as follows:

  1. (1) Applications shall be filled out by the applicant using such medium as determined by the Chief of Police and must be fully completed and legible or will be rejected.

Section 11. Existing Codified Ordinance Section 129.04(b)(1) the full text of which follows is hereby repealed:

  1. (1) Applications must be filled out in ink and handwritten. Illegible applications shall be rejected.

Section 12. Sections 1 through 11 of this Ordinance shall be effective immediately upon adoption of this Ordinance.

Section 13. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 14. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days in the Village Hall.

Section 15. This Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health and safety of the inhabitants of the Village and for the further reason that the Amendment of Chapter 129 of the Codified Ordinances is required to be immediately effective in order to attract a wider pool of applicants, and to clarify the process for appointing police officers; wherefore, provided it receives the affirmative vote of at least two-thirds (⅔) of all members elected to Council, this Ordinance shall be in full force and effect from and immediately upon its passage and approval by the Mayor, otherwise it shall take effect and be in force after the earliest period allowed by law.