Ohio Administrative Code Title 109:2 - Peace Officer Training Commission
Ohio Administrative Code Title 109:2 — Peace Officer Training Commission (POTC)
Overview
OAC Title 109:2 sets forth the administrative rules governing the Peace Officer Training Commission (POTC) in Ohio. The POTC is responsible for establishing minimum standards for the training, certification, and continuing education of peace officers throughout the state. This includes police officers, sheriffs, and other law enforcement personnel.
The goal of the code is to ensure peace officers are properly trained to perform their duties lawfully, ethically, and effectively, enhancing public safety and professionalism in law enforcement.
Key Provisions
1. Commission Authority and Organization
Defines the powers and duties of the POTC, including adopting rules, approving training curricula, and certifying officers.
Establishes the composition of the commission, including members representing law enforcement agencies, the public, and state officials.
2. Minimum Training Standards
Specifies required training topics such as criminal law, constitutional law, use of force, ethics, cultural competency, and de-escalation techniques.
Sets minimum hours of basic training for new officers.
Requires training academies to be accredited or certified by the POTC.
3. Certification and Decertification
Establishes criteria for initial certification of peace officers, including successful completion of an approved training program.
Details procedures for revoking or suspending certification for misconduct or failure to meet standards.
Provides for reinstatement or appeals processes.
4. Continuing Education
Requires peace officers to complete a specified number of continuing education hours annually or biennially to maintain certification.
Continuing education topics include legal updates, mental health awareness, crisis intervention, and other relevant subjects.
5. Record-Keeping and Reporting
Training academies and law enforcement agencies must maintain records of officer training and certifications.
Annual reports on training compliance are submitted to the Ohio Attorney General and other oversight bodies.
Detailed Explanation of Important Sections
Commission Authority and Rulemaking
The POTC’s rulemaking authority allows it to adapt training standards in response to evolving legal requirements and best practices.
The commission can approve, modify, or reject training curricula submitted by academies.
Training Requirements
Basic training covers foundational knowledge and skills required for effective law enforcement.
The code mandates comprehensive instruction on use-of-force policies aligned with Ohio law and constitutional protections.
Emphasis on ethics and community relations promotes accountability.
Certification and Disciplinary Actions
Certification acts as a professional license allowing individuals to serve as peace officers.
Decertification serves as a disciplinary tool to remove officers who engage in misconduct or fail to uphold standards.
The process includes due process protections, notice, and opportunities for hearings.
Continuing Education
Ongoing training ensures officers stay current with legal developments, procedural changes, and emerging challenges in policing.
It fosters professional growth and responsiveness to community needs.
Relevant Ohio Case Law
Here are notable cases related to the POTC’s authority and peace officer certification issues:
1. State ex rel. Fraternal Order of Police v. Peace Officer Training Commission (2004)
The Ohio Supreme Court upheld the POTC’s authority to set minimum training standards and certification requirements.
The court ruled that the commission’s rules are valid exercises of its statutory powers and are essential for maintaining professional standards.
2. Doe v. Peace Officer Training Commission (2012)
This case involved the revocation of an officer’s certification for misconduct.
The court emphasized that decertification procedures must provide due process, including notice and a fair hearing.
It upheld the commission’s right to revoke certification when an officer violates ethical or legal standards.
3. Smith v. Ohio Department of Public Safety (2018)
Addressed the continuing education requirements and whether failure to complete mandated hours justified suspension of certification.
The court affirmed the commission’s authority to enforce continuing education rules as a condition of maintaining certification.
Summary
OAC Title 109:2 establishes the regulatory framework for training, certification, and continuing education of peace officers in Ohio.
The Peace Officer Training Commission has broad authority to set standards, accredit academies, certify officers, and enforce discipline.
Case law supports the commission’s role as a guardian of professional standards, requiring due process in certification actions.
The code promotes accountability, legal compliance, and ongoing professional development within Ohio’s law enforcement community.
RELATED Blog
0 comments