FAIRLAWN CITY COTJNCIL COMMITTEE OF'THE WHOLE
DATE: 05/1312019 TIME: 6:00 PM
NAME OF COMMITTEE: COMMITTEE OF THE WHOI,F,
CALLED TO ORDER AT: 6:01 PM BY: Russell Shamsky
COMI\,IITTEE MEMBERS: Kathleen Baum. Philip Brillhart. Maria Williams. Barbara Potts. and Todd Stock
OTHERS: Mayor Roth. Bryan Nace. Emie Staten. Bill Arnold" Chief Duman. Lt. Wisner- [.t- Adams- Chief Caotain Brant- Jacob Kaufman
EXCUSED: Michael Detorakis 1. Call to Order
2. Legislation in Committees:
COMMITTEE OF THE WHOLE:
Ordinance 2019-026 Offered by Mayor Roth AN ORDINANCE AUTHORIZING AND DIRECTING THE APPROPRIATION OF CERTAIN INTERESTS IN REAL PROPERTY REFERRED TO AS PARCEL OOI-WD & WDV NECESSARY FOR THE CLEVELAND-MASSILLON ROAD WIDENING PROJECT AND APPROPRIATING FI]NDS FOR THE PURPOSE THEREOF (Expires 08104/19) (1't Reading 05/06119)
Discussion: Mr. Nace commented on situations where acouisitions are not reached and narties need to move to trail for a
FINANCE COMMITTEE:
Ordinance 2019-023 Offered by Mayor Roth AN ORDINANCE AUTHORIZING VARIOUS APPROPzuATIONS (Expires 08/04/19) (l't Reading 0s/06/19)
I)iscussion: Mr. Kaufman commented on adjustments that are needed for 2019 budget. Exhibit forthcomins.
PLAIINING COMMITTEE:
Ordinance 2019-021 Offered by Mayor Roth AN ORDINANCE AMENDING AND/OR SUPPLEMENTING CFIAPTER IO24 *EXCAVATIONS" OF TITLE TWO "STREET AND SIDEWALK AREAS", PART TEN "STREETS, UTILITIES, AND PUBLIC SERVICES CODE'' OF THE CODIFIED ORDINANCES OF THE CITY OF FAIRLAWN (Expires 07/l4l19) (1't Reading 04/15/19) (2nd Reading 05/06119)
Discussion: Code changes needed related to contractors operating in the Citv and not responding to issues annronriatelv or ti
05/13/19 Page I of2 Notes 3. Mayorts Report
a Chief Duman attended to address Council's concerns related to stafling of Fairlawn Police Officers at Copley-Fairlawn schools outside the jurisdiction. Documentation provided is ) attached.
o Liberty Development Project on Riviera Drive to close by the end of May.
a Potential land sales at Fairlawn Corporate Park.
a Mayor's trip to Europe was outlined to Council.
4. Other Business
a Emergency Operation Plan reviewed by Fairlawn Fire Deparhnent.
a Mrs. Baum expressed concerns regarding condition of Sand Run Parkway.
o Mr. Nace outlined upcoming legislation.
5. MEETING ADJOURNED AT: 7:50 PM Russell T. Shamsky, President of Council o
U
05/t3lt9 Page2 of2 Notes 2935.03 Authority to arrest without warrant - pursuit outside j u risd iction.
(A)
(1) A sheriff, deputy sheriff, marshal, deputy marshal, municipal police officer, township constable, police officer of a township or joint police district, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code, state university law enforcement officer appointed under section 3345.04 of the Revised Code, veterans' home police officer appointed under section 5907.O2 of the Revised Code, special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code, or a special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and ls governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1'544. of Title 49 of the Code of Federal Regulations, as amended, shall arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the political subdivision, metropolitan housing authority housing project, regional transit authority facilities or areas of a municipal corporation that have been agreed to by a regional transit authority and a municipal corporation located within its territorial jurisdiction, college, university, veterans' home operated under Chapter 5907. of the Revised Code, port authority, or municipal airpoft or other municipal air navigation facility, in which the peace officer is appointed, employed, or elected, a law of this state, an ordinance of a municipal corporation, or a resolution of a township.
(2) A peace officer of the department of natural resources, a state fire marshal law enforcement officer described in division (A)(23) of section LA9.7t of the Revised Code, or an individual designated to perform law enforcement duties under section sLL.232,1545.13, or 6101.75 of the Revised Code shall arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the peace officer's, state fire marshal law enforcement officer's, or individual's territorial jurisdiction, a law of this state.
(3) The house sergeant at arms, if the house sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code, and an assistant house sergeant at arms shall arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the sergeant at arms's or assistant sergeant at arms's territorial jurisdiction specified in division (D)(1)(a) of section 101.311 of the Revised Code or while providing security pursuant to division (D)(1Xf) of section 101.311 of the Revised Code, a law of this state, an ordinance of a municipal corporation, or a resolution of a township.
(4) The senate sergeant at arms and an assistant senate sergeant at arms shall arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the sergeant at arms's or assistant sergeant at arms's territorialjurisdiction specified in division (B) of section 101.312 of the Revised Code, a law of this state, an ordinance of a municipal corporation, or a resolution of a township.
(B)
(1) When there is reasonable ground to believe that an offense of violence, the offense of criminal child enticement as defined in section 2905.05 of the Revised Code, the offense of public indecency as defined in section 2907.O9 of the Revised Code, the offense of domestic violence as defined in section 2919.25 of the Revised Code, the offense of violating a protection order as defined in section 29t9.27 of the Revised Code, the offense of menacing by stalking as defined in section 2903.211 of the Revised Code, the offense of aggravated trespass as defined in section 29L1.2IL of the Revised Code, a theft offense as defined in section 2913.01 of the Revised Code, or a felony drug abuse offense as defined in section 2925.OL of the Revised Code, has been committed within the limits of the political subdivision, metropolitan housing authority housing project, regional transit authority facilities or those areas of a municipal corporation that have been agreed to by a regional transit authority and a municipal corporation located within its territorial jurisdiction, college, university, veterans'home operated under Chapter 5907. of the Revised Code, port authority, or municipal airport or other municipal air navigation facility, in which the peace officer is appointed, employed, or elected or within the limits of the territorial jurisdiction of the peace officer, a peace officer described in division (A) of this section may arrest and detain until a warrant can be obtained any person who the peace officer has reasonable cause to believe is guilty of the violation.
(2) For purposes of division (BX1) of this section, the execution of any of the following constitutes reasonable ground to believe that the offense alleged in the statement was committed and reasonable cause to believe that the person alleged in the statement to have committed the offense is guilty of the violation:
(a) A written statement by a person alleging that an alleged offender has committed the offense of menacing by stalking or aggravated trespass;
(b) A written statement by the administrator of the interstate compact on mental health appointed under section 5119.71 of the Revised Code alleging that a person who had been hospitalized, institutionalized, or confined in any facility under an order made pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.4O2 of the Revised Code has escaped from the facility, from confinement in a vehicle fortransportation to orfrom the facility, or from supervision by an employee of the facility that is incidental to hospitalization, institutionalization, or confinement in the facility and that occurs outside of the facility, in violation of section 292I.34 of the Revised Code;
(c) A written statement by the administrator of any facility in which a person has been hospitalized, institutionalized, or confined under an order made pursuant to or under authority of section 2945.37,2945.37I,2945-38,2945.39,2945.40,2945.401, or 2945.4O2 of the Revised Code alleging that the person has escaped from the facility, from confinement in a vehicle for transportation to or from the facility, or from supervision by an employee of the facility that is incidental to hospitalization, institutionalization, or confinement in the facility and that occurs outside of the facility, in violation of section 292L.34 of the Revised Code.
(3)
(a) For purposes of division (B)(1) of this section, a peace officer described in division (A) of this section has reasonable grounds to believe that the offense of domestic violence or the offense of violating a protection order has been committed and reasonable cause to believe that a particular person is guilty of committing the offense if any of the following occurs:
(i) A person executes a written statement alleging that the person in question has committed the offense of domestic violence or the offense of violating a protection order against the person who executes the statement or against a child of the person who executes the statement.
(ii) No written statement of the type described in division (AX3)(aXi) of this section is executed, but the peace officer, based upon the peace officer's own knowledge and observation of the facts and circumstances of the alleged incident of the offense of domestic violence or the alleged incident of the offense of violating a protection order or based upon any other information, including, but not limited to, any reasonably trustworthy information given to the peace officer by the alleged victim of the alleged incident of the offense or any witness of the alleged incident of the offense, concludes that there are reasonable grounds to believe that the offense of domestic violence or the offense of violating a protection order has been committed and reasonable cause to believe that the person in question is guilty of committing the offense.
(iii) No written statement of the type described in division (e)(3)(a)(i) of this section is executed, but the peace officer witnessed the person in question commit the offense of domestic violence or the offense of violating a protection order.
(b) If pursuant to division (ax3)(a) of this section a peace officer has reasonable grounds to believe that the offense of domestic violence or the offense of violating a protection order has been committed and reasonable cause to believe that a particular person is guilty of committing the offense, it is the preferred course of action in this state that the officer arrest and detain that person pursuant to division (B)(1) of this section until a warrant can be obtained.
If pursuant to division (a)(3)(a) of this section a peace officer has reasonable grounds to believe that the offense of domestic violence or the offense of violating a protection order has been committed and reasonable cause to believe that family or household members have committed the offense against each oth'er, it is the preferred course of action in this state that the officer, pursuant to division (B)(1) of this section, arrest and detain until a warrant can be obtained the family or household member who committed the offense and whom the officer has reasonable cause to believe is the primary physical aggressor. There is no preferred course of action in this state regarding any other family or household member who committed the offense and whom the officer does not have reasonable cause to believe is the primary physical aggressor, but, pursuant to division (B)(1) of this section, the peace officer may arrest and detain until a warrant can be obtained any other family or household member who committed the offense and whom the officer does not have reasonable cause to believe is the primary physical aggressor.
(c) If a peace officer described in division (A) of this section does not arrest and detain a person whom the officer has reasonable cause to believe committed the offense of domestic violence or the offense of violating a protection order when it is the preferred course of action in this state pursuant to division (B)(3)(b) of this section that the officer arrest that person, the officer shall articulate in the written report of the incident required by section 2935.032 of the Revised Code a clear statement of the officer's reasons for not arresting and detaining that person until a warrant can be obtained.
(d) In determining for purposes of division (BX3)(b) of this section which family or household member is the primary physical aggressor in a situation in which family or household members have committed the offense of domestic violence or the offense of violating a protection order against each other, a peace officer described in division (A) of this section, in addition to any other relevant circumstances, should consider all of the following:
(i) Any history of domestic violence or of any other violent acts by either person involved in the alleged offense that the officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged violence was caused by a person acting in self- defense;
(iii) Each person's fear of physical harm, if any, resulting from the other person's threatened use of force against any person or resulting from the other person's use or history of the use of force against any person, and the reasonableness of that fear; (iv) The comparative severity of any injuries suffered by the persons involved in the alleged offense.
(e)
(i) A peace officer described in division (A) of this section shall not require, as a prerequisite to arresting or charging a person who has committed the offense of domestic violence or the offense of violating a protection order, that the victim of the offense specifically consent to the filing of charges against the person who has committed the offense or sign a complaint against the person who has committed the offense.
(ii) If a person is arrested for or charged with committing the offense of domestic violence or the offense of violating a protection order and if the victim of the offense does not cooperate with the involved law enforcement or prosecuting authorities in the prosecution of the offense or, subsequent to the arrest or the filing of the charges, informs the involved law enforcement or prosecuting authorities that the victim does not wish the prosecution of the offense to continue or wishes to drop charges against the alleged offender relative to the offense, the involved prosecuting authorities, in determining whether to continue with the prosecution of the offense or whether to dismiss charges against the alleged offender relative to the offense and notwithstanding the victim's failure to cooperate or the victim's wishes, shall consider all facts and circumstances that are relevant to the offense, including, but not limited to, the statements and observations of the peace officers who responded to the incident that resulted in the arrest or filing of the charges and of all witnesses to that incident.
(f) In determining pursuant to divisions (AX3Xa) to (g) of this section whether to arrest a person pursuant to division (BX1) of this section, a peace officer described in division (A) of this section shall not consider as a factor any possible shortage of cell space at the detention facility to which the person will be taken subsequent to the person's arrest or any possibility that the person's arrest might cause/ contribute to, or exacerbate overcrowding at that detention facility or at any other detention facility.
(g) If a peace officer described in division (A) of this section intends pursuant to divisions (A)(3Xa) to (g) of this section to arrest a person pursuant to division (B)(1) of this section and if the officer is unable to do so because the person is not present, the officer promptly shall seek a warrant for the arrest of the person.
(h) If a peace officer described in division (A) of this section responds to a report of an alleged incident of the offense of domestic violence or an alleged incident of the offense of violating a protection order and if the circumstances of the incident involved the use or threatened use of a deadly weapon or any person involved in the incident brandished a deadly weapon during or in relation to the incident, the deadly weapon that was used, threatened to be used, or brandished constitutes contraband, and, to the extent possible, the officer shall seize the deadly weapon as contraband pursuant to Chapter 298t. of the Revised Code, Upon the seizure of a deadly weapon pursuant to division (BX3)(h) of this section, section 298t.L2 of the Revised Code shall apply regarding the treatment and disposition of the deadly weapon. For purposes of that section, the "underlying criminal offense" that was the basis of the seizure of a deadly weapon under division (B)(3)(h) of this section and to which the deadly weapon had a relationship is any of the following that is applicable:
(i) The alleged incident of the offense of domestic violence or the alleged incident of the offense of violating a protection order to which the officer who seized the deadly weapon responded; (ii) Any offense that arose out of the same facts and circumstances as the report of the alleged incident of the offense of domestic violence or the alleged incident of the offense of violating a protection order to which the officer who seized the deadly weapon responded.
(4) If , in the circumstances described in divisions (B)(3)(a) to (g) of this section, a peace officer described in division (A) of this section arrests and detains a person pursuant to division (B)(1) of this section, or if , pursuant to division (BX3)(h) of this section, a peace officer described in division (A) of this section seizes a deadly weapon, the officer, to the extent described in and in accordance with section 9.86 or 2744.03 of the Revised Code, is immune in any civil action for damages for injury, death, or loss to person or property that arises from or is related to the arrest and detention or the seizure.
(C) When there is reasonable ground to believe that a violation of division (A)(1), (2), (3), (4), or (5) of section 4506.15 or a violation of section 451L.1-9 of the Revised Code has been committed by a person operating a motor vehicle subject to regulation by the public utilities commission of Ohio under Title XLIX of the Revised Code, a peace officer with authority to enforce that provision of law may stop or detain the person whom the officer has reasonable cause to believe was operating the motor vehicle in violation of the division or section and, after investigating the circumstances surrounding the operation of the vehicle, may arrest and detain the person.
(D) If a sheriff, deputy sheriff, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code, special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code, special police officer employed by a municipal corporation at a municipal airport or other municipal air navigation facility described in division (A) of this section, township constable, police officerof a township or joint police district, state university law enforcement officer appointed under section 3345.04 of the Revised Code, peace officer of the department of natural resources, individual designated to perform law enforcement duties under section 511.232,1545.13, or 6101.75 of the Revised Code, the house sergeant at arms if the house sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code, or an assistant house sergeant at arms is authorized by division (A) or (B) of this section to arrest and detain, within the limits of the political subdivision, metropolitan housing authority housing project, regional transit authority facilities or those areas of a municipal corporation that have been agreed to by a regional transit authority and a municipal corporation located within its territorial jurisdiction, port authority, municipal airport or other municipal air navigation facility, college, or university in which the officer is appointed, employed, or elected or within the limits of the territorial jurisdiction of the peace officer, a person until a warrant can be obtained, the peace officer, outside the limits of that territory, may pursue, arrest, and detain that person until a warrant can be obtained if all of the following apply:
(1) The pursuit takes place without unreasonable delay after the offense is committed;
(2) The pursuit is initiated within the limits of the political subdivision, metropolitan housing authority housing project, regional transit authority facilities or those areas of a municipal corporation that have been agreed to by a regional transit authority and a municipal corporation located within its territorial jurisdiction, port authority, municipal airport or other municipal air navigation facility, college, or university in which the peace officer is appointed, employed, or elected or within the limits of the territorialjurisdiction of the peace officer;
(3) The offense involved is a felony, a misdemeanor of the first degree or a substantially equivalent municipal ordinance, a misdemeanor of the second degree or a substantially equivalent municipal ordinance, or any offense for which points are chargeable pursuant to section 4510.036 of the Revised Code. (E) In addition to the authority granted under division (A) or (B) of this section
(1) A sheriff or deputy sheriff may arrest and detain, until a warrant can be obtained, any person found violating section 45A3-lL, 45O3.2t, or 4549.01, sections 4549.08 to 4549-L2, section 4549.62, or Chapter 4511. or 4513. of the Revised Code on the portion of any street or highway that is located immediately adjacent to the boundaries of the county in which the sheriff or deputy sheriff is elected or appointed.
(2) A member of the police force of a township police district created under section 505.48 of the Revised Code, a member of the police force of a joint police district created under section 505.482 of the Revised Code, or a township constable appointed in accordance with section 509.01 of the Revised Code, who has received a certificate from the Ohio peace officer training commission under section 109.75 of the Revised Code, may arrest and detain, until a warrant can be obtained, any person found violating any section or chapter of the Revised Code listed in division (E)(1) of this section, other than sections 4513.33 and 451'3.34 of the Revised Code, on the portion of any street or highway that is located immediately adjacent to the boundaries of the township police district or joint police district, in the case of a member of a township police district or joint police district police force, or the unincorporated territory of the township, in the case of a township constable. However, if the population of the township that created the township police district served by the member's police force, or the townships and municipal corporations that created the joint police district served by the member's police force, or the township that is served by the township constable, is sixty thousand or less, the member of the township police district or joint police district police force orthe township constable may not make an arrest under division (EX2) of this section on a state highway that is included as part of the interstate system.
(3) A police officer or village marshal appointed, elected, or employed by a municipal corporation may arrest and detain, until a warrant can be obtained, any person found violating any section or chapter of the Revised Code listed in division (E)(1) of this section on the portion of any street or highway that is located immediately adjacent to the boundaries of the municipal corporation in which the police officer or village marshal is appointed, elected, or employed.
(4) A peace officer of the department of natural resources, a state fire marshal law enforcement officer described in division (AX23) of section 109.71 of the Revised Code, or an individual designated to perform law enforcement duties under section 5tI.232,1545.13, or 6101.75 of the Revised Code may arrest and detain, until a warrant can be obtained, any person found violating any section or chapter of the Revised Code listed in division (EX1) of this section, other than sections 4513.33 and 4513.34 of the Revised Code, on the portion of any street or highway that is located immediately adjacent to the boundaries of the lands and waters that constitute the territorial jurisdiction of the peace officer or state fire marshal law enforcement officer.
(F)
(1) A department of mental health and addiction services special police officer or a department of developmental disabilities special police officer may arrest without a warrant and detain until a warrant can be obtained any person found committing on the premises of any institution under the jurisdiction of the particular department a misdemeanor under a law of the state.
A department of mental health and addiction services special police officer or a department of developmental disabilities special police officer may arrest without a warrant and detain until a warrant can be obtained any person who has been hospitalized, institutionalized, or confined in an institution under the jurisdiction of the particular department pursuant to or under authority of section 2945.37, 2945.37L, 2945.38, 2945.39, 2945.4O, 2945.4Ot, or 2945.4O2 of the Revised Code and who is found committing on the premises of any institution under the jurisdiction of the particular department a violation of section 292I-34 of the Revised Code that involves an escape from the premises of the institution.
(2)
(a) If a department of mental health and addiction services special police officer or a department of developmental disabilities special police officer finds any person who has been hospitalized, institutionalized, or confined in an institution under the jurisdiction of the particular department pursuant to or under authority of section 2945.37,2945-37L,2945.38,2945.39,2945.4A, 2945.4OI, or 2945.4Q2 of the Revised Code committing a violation of section 292L34 of the Revised Code that involves an escape from the premises of the institution, or if there is reasonable ground to believe that a violation of section 2921.34 of the Revised Code has been committed that involves an escape from the premises of an institution under the jurisdiction of the department of mental health and addiction services or the department of developmental disabilities and if a department of mental health and addiction services special police officer or a department of developmental disabilities special police officer has reasonable cause to believe that a particular person who has been hospitalized, institutionalized, or confined in the institution pursuant to or under authority of section 2945.37 ,2945.37t,2945.38,2945.39,2945.4O,2945.4OI, or 2945.4O2 of the Revised Code is guilty of the violation, the special police officer, outside of the premises of the institution, may pursue, arrest, and detain that person for that violation of section 292L34 of the Revised Code, until a warrant can be obtained, if both of the following apply:
(i) The pursuit takes place without unreasonable delay afterthe offense is committed;
(ii) The pursuit is initiated within the premises of the institution from which the violation of section 292L.34 of the Revised Code occurred.
(b) For purposes of division (f)(Z)(a) of this section, the execution of a written statement by the administrator of the institution in which a person had been hospitalized, institutionalized, or confined pursuant to or under authority of section 2945.37,2945.37!,2945.38,2945.39,2945.4O, 2945.401, or 2945.402 of the Revised Code alleging that the person has escaped from the premises of the institution in violation of section 292L.34 of the Revised Code constitutes reasonable ground to believe that the violation was committed and reasonable cause to believe that the person alleged in the statement to have committed the offense is guilty of the violation.
(G) As used in this section
(1) A "department of mental health and addiction services special police officer" means a special police officer of the department of mental health and addiction services designated under section 5119.08 of the Revised Code who is certified by the Ohio peace officer training commission under section IO9.77 of the Revised Code as having successfully completed an approved peace officer basic training program.
(2) A "department of developmental disabilities special police officer" means a special police officer of the department of developmental disabilities designated under section 5123.13 of the Revised Code who is certified by the Ohio peace officer training council under section tDg.77 of the Revised Code as having successfully completed an approved peace ofFicer basic training program.
(3) "Deadly weapon" has the same meaning as in section 2923.t1of the Revised Code.
(4) "Family or household member" has the same meaning as in section 2919.25 of the Revised Code. (5) "Street" or "highway" has the same meaning as in section 4511.01 of the Revised Code
(6) "Interstate system" has the same meaning as in section 5516.01 of the Revised Code
(7) "Peace officer of the department of natural resources" means an employee of the department of natural resources who is a natural resources law enforcement staff officer designated pursuant to section 1501.013 of the Revised Code, a forest-fire investigator appointed pursuant to section 1503.09 of the Revised Code, a natural resources officer appointed pursuant to section L5OL.24 of the Revised Code, or a wildlife officer designated pursuant to section 1531.13 of the Revised Code .
(8) "Portion of any street or highway" means all lanes of the street or highway irrespective of direction of travel, including designated turn lanes, and any berm, median, or shoulder.
Amended by 131st General Assembly File No. TBD, SB 293, EL, etf .9/14/2016.
Amended by 130th General Assembly File No. 25, HB 59, 5101.01, eff. 9/2912013.
Amended by 129th General AssemblyFile No.127, HB 487,5101.01, eff .9/LO/20I2.
Amended by 129th General AssemblyFile No.28, HB 153, S101.01, ett.9/29/2OIt.
Amended by 128th General Assemblych.23, SB 79,9L, etf . 7A/6/2009.
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3313.951 Qualifications for school resource officers.
(A) As used in this section:
(1) "Law enforcement agency" has the same meaning as in section t49.435 of the Revised Code,
(2) "Peace officer" has the same meaning as in division (A)(1) of section 709.71of the Revised Code.
(3) "School resource officer" means a peace officer who is appointed through a memorandum of understanding between a law enforcement agency and a school district to provide services to a school district or school as described in this section.
(B)
(1) A school resource officer who provides services to a school district or school on or after November 2,2078, shall, except as described in division (B)(2) of this section, satisfy both of the following conditions:
(a) Complete a basic training program approved by the Ohio peace officer training commission, as described in division (B)(1) of section L09.77 of the Revised Code;
(b) Complete at least forty hours of school resource officer training within one year after appointment to provide those services through one of the following entities, as approved by the Ohio peace officer training commission:
(i) The national association of school resource officers;
(ii) The Ohio school resource officer association;
(iii) The Ohio peace officer training academy.
(2) A school resource officer who is appointed to provide services to a school district or school prior to November 2, 2018, shall be exempt from compliance with the training requirements prescribed in division (B)(1)(b) of this section.
(3) A certified training program provided by an entity described in division (B)(1Xb) of this section shall include instruction regarding skills, tactics, and strategies necessary to address the specific nature of all of the following:
(a) School campuses;
(b) School building security needs and characteristics;
(c) The nuances of law enforcement functions conducted inside a school environment, including:
(i) Understanding the psychological and physiological characteristics consistent with the ages of the students in the assigned building or buildings;
(ii) Understanding the appropriate role of school resource officers regarding discipline and reducing the number of referrals to juvenile court; and
(iii) Understanding the use of developmentally appropriate interview, interrogation, de-escalation, and behavior management strategies.
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(d) The mechanics of being a positive role model for youth, including appropriate communication techniques which enhance interactions between the school resource officer and students;
(e) Providing assistance on topics such as classroom management tools to provide law-related education to students and methods for managing the behaviors sometimes associated with educating children with special needs;
(f) The mechanics of the laws regarding compulsory attendance/ as set forth in Chapter 3321. of the Revised Code;
(g) Identifying the trends in drug use, eliminating the instance of drug use, and encouraging a drug- free environment in schools.
(4) The Ohio peace officer training commission shall
adopt rules, in accordance with Chapter 119. of the Revised Code, for the approval of school resource
officertraining provided by an entity described in division (B)(1)(b) of this section . (c)
(1) If a school district decides to utilize school resource officer services, the school district and the appropriate law enforcement agency shall first enter into a memorandum of understanding that clarifies the purpose of the school resource officer program and roles and expectations between the participating entities. If a school district is already utilizing school resource officer services on November 2, 20L8, the school district and the law enforcement agency shall enter into a memorandum of understanding within one year after November 2,2OLB.
(2) Each memorandum of understanding shall address the following items:
(a) Clearly defined set of goals for the school resource officer program;
(b) Background requirements or suggested expertise for employing law enforcement in the school setting, including an understanding of child and adolescent development;
(c) Professional development, including training requirements that focus on age-appropriate practices for conflict resolution and developmentally informed de-escalation and crisis intervention methods;
(d) Clearly defined roles, responsibilities, and expectations of the parties involved, including school resource officers, law enforcement, school administrators, staff, and teachers;
(e) A protocol for how suspected criminal activity versus school discipline is to be handled;
(f) The requirement for coordinated crisis planning and updating of school crisis plans;
(g) Any other discretionary items determined by the parties to foster a school resource officer program that builds positive relationships between law enforcement, school staff, and the students, promotes a safe and positive learning environment, and decreases the number of youth formally referred to the juvenile justice system.
(3) A school district, through its school administration, may give students an opportunity to provide input during the drafting process of any memorandum of understanding being entered into pursuant to division (C) of this section.
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(D)
(1) In accordance with the requirements prescribed in this section, a school resource officer may work in one or more school districts or schools providing the following services:
(a) Assistance with adoption, implementation, and amendment of the comprehensive emergency management plan required under section 3313.536 of the Revised Code;
(b) Carrying out any additional responsibilities assigned to the school resource officer under the employment engagement, contract, or memorandum of understanding, including but not limited to:
(i) Providing a safe learning environment;
(ii) Providing valuable resources to school staff members;
(iii) Fostering positive relationships with students and staff;
(iv) Developing strategies to resolve problems affecting youth and protecting all students.
(2) A school resource officer shall consult with local law enforcement officials and flrst responders when assisting a school district's administrator in the development of a comprehensive emergency management plan.
(E) The school district or school administrator shall have final decision-making authority regarding all matters of school discipline.
Amended by 132nd General Assembly File No. TBD, HB 49t, 91, ett.3120/2OL9. () Added by 132nd General Assembly File No. TBD, HB 318, S1, eff . LL/2/2OL8.
iJ
http ://codes.ohio.gov/orcl33 13 .9 5 lvI 412912019 Lawriter - ORC - 737 .04 Mutual aid contracts for police protection. Page 1 ofl
737.O4 Mutual aid contracts for police protection.
The legislative authority of any municipal corporation, in order to obtain police protection or to obtain additional police protection, or to allow its police officers to work in multijurisdictional drug, gang, or career criminal task forces, ffi6y enter into contracts with one or more municipal corporations, townships, township police districts, joint police districts, or county sheriffs in this state, with one or more park districts created pursuant to section 511.18 or 1545.01 of the Revised Code, 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.
Chapter 2744: of the Revised Code, 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.
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 Chapter 4123. of the Revised Code, to the same extent as while performing service within the subdivision.
The contracts may provide for:
(A) A fixed annual charge to be paid at the times agreed upon and stipulated in the contract;
(B) Compensation based upon:
(1) A stipulated price for each call or emergency;
(2) The number of members or pieces of equipment employed;
(3) The elapsed time of service required in each call or emergency.
(C) Compensation for loss or damage to equipment while engaged in rendering police services outside the limits of the subdivision owning and furnishing the equipment;
(D) Reimbursement of the 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.
Amended by 129th General AssemblyFile No.2B, HB 153, 5101.01, etf .9/29/ZOLL
Effective Date: 12-31-1997; 20O7 HB67 07-03-2007
http ://codes.ohio. gov/ orcl 7 37 .04 4t29t20t9 Lawriter - ORC - 737.041Providing police service without contract. Page I of I
737.O41 Providing police service without contract.
The police department of any municipal corporation may provide police protection to any county, municipal corporation, township, township police district, or joint police district of this state, to a park district created pursuant to section 511.18 or 1545.01 of the Revised Code, to a port authority, to any multijurisdictional 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 of the municipal corporation in which the department is located and upon authorization by an officer or employee of the police department providing the police protection who is designated by title of office or position, pursuant to the resolution of the legislative authority of the municipal corporation, to give the authorization.
Chapter 2744: of the Revised Code, insofar as it applies to the operation of police departments, shall apply to any municipal corporation and to members of its police department when the members are rendering police services pursuant to this section outside the municipal corporation by which they are employed.
Police department members acting, as provided in this section, outside the municipal corporation by which they are employed shall be entitled to participate in any pension or indemnity fund established by their employer to the same extent as while acting within the municipal corporation by which they are employed. Those members shall be entitled to all the rights and benefits of Chapter 4123. of the Revised Code to the same extent as while performing services within the municipal corporation by which they are employed.
Amended by 129th General AssemblyFile No.28, HB 153, 9101.01, etf .9/29/2OIL Effective Date: 12-31-7997 ; 2OA7 HB67 07-03-2007
http: I I codes.ohio. gov I orcl 7 37 .041v I slU20t9 iJzrt.rz NoNRSsTDENT pRorECTroN" (a) Bath Township.
(l) The Fairlawn Police Division is hereby authorized to provide assistance for police protection to the Township of Bath upon authorization of the Chief of the Fairlawn Division of Police or an authorized officer thereof.
(2) Council, by the enactment of this subsection, hereby declares its intention to cooperate with the Township of Bath to provide for the health, safety and welfare of the residents of that community
(3) All officers of the Fairlawn Police Division, while acting outside the limits of the City under authority of this subsection and Ohio R.C.737 .041, shall be entitled to and shall receive all forms of compensation, insurance and benefits which they would be entitled to if acting within the City limits.
(b) Copley Township.
(1) The Fairlawn Police Division is hereby authorized to provide assistance for police protection to the Township of Copley upon authorization of the Chief of the Fairlawn Division of Police or an authorized ofhcer thereof.
(2) Council, by the enactment of this subsection, hereby declares its intention to cooperate with the Township of Copley to provide for the health, safety and welfare of the residents of that community.
(3) All officers of the Fairlawn Police Division, while acting outside the limits of the City under authority of this subsection and Ohio R.C.737.041, shall be entitled to and shall receive all forms of compensation, insurance and benefits which they would be entitled to if acting within the City limits.
(c) Statewide and Adjoining States.
(1) Council hereby approves the provision of police protection to any county, municipal corporation, or township of the State, or an adjoining state, and the provision of complex investigation assistance whenever necessary upon proper authorization.
(2) Police protection and assistance shall be extended only upon authorization of the Chief of Police, or any officer acting with the authority of the Chief of Police as provided by the Rules promulgated by the Fairlawn City Council, taking into account the following considerations:
A. That such police protection may be extended in times of emergency or disaster or other necessary circumstances, so far as is consistent with the proper protection of the City.
B. That the availability of police equipment and personnel shall be subject to priority of use within the City.
(Ord. 2018-005. Passed 2-5-18) OAG 7,0-09,1 ATTORNEY CENERAL 2-382
oPtNlot{ No.74-004
Syllobus:
.1. An off-duty nurl,clpal pollcc offteer nay errcrt rndl dletaln anothcr pcrlon rhon-he has rcaronablc eairec io ucrr.trr 1r gullty of a tclony untll a warrent can ba obtal.ncd, aa nay any othar cLtlzcn, pursuant to n.e. zgts.ol. 2, .tn off-duty nunlel,pal pollc ofllcqr lray, Durlulnt to R.C..-2935.C3, arr.rt for a rnltdclpuror vlthout i rirrent only rlthln the tcrrltorlal Jurladl,ctlon ln yhlctr hc le appointca, rhlch h thc corp,orrtc Ltnrttr ot tho nrunt clpellty
To: Donlel T. Spitler, Ulood County Pros. Atty., Bowllng Green, Ohio By: Ulillicn J. Brown, Attorney Generol, November lS, ln4
I hael bclorc rr your rcqu.lt lor ny oplnlon, vhlctr porc! thc tollorlng qucrtlon: rllry tull tlrr poltcc otflccre of a nunl,clpel corporatlon rhllc orqloyod on r part thp barlt- durl,ng tholr ott duty hour u rccurlty guudr ln burlncrr .rtrblhhnntt outrlalr of thc eorporrta llnltr ot thclr drpartnrntr nunlclpat Jurhdl,ctlon, but rhlh tn tull pollcc wrl,tom tncludlng ralponr, nakc arrcrta tor oltcnrclr crpacttlly rnl.rdcruanor otlonrcr cqudttcd ln thclr prllenoa or tor rhleh thGy hr\E obtelncd the nrcctrar? problbl. cau.c." R.c. 2935.0{, rhlch provldcr for erncrt by eny pcrron ln care of fcl.ony, ncrdr el follorr: "lllrcn I fctony har bcsn cmlttcal, or thcrc lr rceronablc Around to bcllovr that a lolony her bcan eomlttGd, eny pcnoD ylthout I rurr$t ney arnlt another rtron hc hlt reraonablc caurc to bclicrc la gutlty of thc offonrr, end dlrteln hfin untll ! rurant cen bc obtelncd." Thu! rn oft-duty nrmlclpal pollcc otttccr, Iika any othcr parron, Lr authorlzoil to rtraat ural d.taln anothcr pcrron ehon he har rcaronablc erula to bcUGvl te gullty o! e fclony, utrtll a warrant can be obteLncd.
However, R.C. 2935.04 has no appllcatlon where the offense committed was a misdemeanor. As a general rule a peace officer has no authority to make an arrest for a migdemeanor without a warrant outside of the territorial jurisdiction in which he is appointed, unless specifically otherwise authorized by law. SJale v. Elder, 6? Ohio L. Abs. 385 (1953) Opinion No. t0?6, Opinions of the At6frey GE-neral for 1939, page 154?. Opimon No. 66-1?9, Opinions of
Jrnuty 1975 Adv. Sltctls 2 -383 oPINIONS t974 oAG 71-09. the Attorney General for 1966, states that s*'r* it offends common sense to assume that every police olticer of errery Ohio municipality has unlimited police turisdction throughout the state.' See also Fairborn v. Munlrun, 28 Ohio St. 2d2Vl (19?1), in which tlre court held that a fiGi?Ipil po-iiEEldfficer may make an anest for a violatlon of a municipal ordinance, upon a properly issued warrant, anyrhere within the jurisdictional limits of the issuing court. That case ean bedistinguishedfromthefacts in ttre instant situation, however, since the arrest in that eage was made pursuant to a warrant.
R.C. 2935.03, which provides for an arrest by a peace officer without a warrant for a misdemeanor, reads as follows: "A sheriff, deputy sheriff, marshal, deputy marshal, or polic6 officer shall arrest and detain a person found vlolating a law ot thig state, or an ordinance of a municipal
"\ilhere there is reasonable ground to believe that an offense of violence, or a theft offense as defined in section 2913.01 of the Revised Code, has been committed, a sheriff, deputy sheriff, marshal, deputy marshal, or police officer may arrest without a warrant any person whom he has reasonable cause to believe is guilty of tlte violation, and detain him until a warrant can be obtained.
uA constable within limits of the township in which said constable has been appointed or elected, shall arrest and detain a person found by him in the commission of a misdemeanor, either in violation of a law of this state or an ordinance of a village, untll a warrant can be obtained.' (erphaeta eddcd.) lhle lengutge rppcrra to placc no linitatlon on thc Jurk- dlqtlon of pollce offic'cra, eharifft, dcputy ahcrlffr, and nerlhale to arrGlt rnledcncanantt slthout a wrrrant. But nelthcr doer lt rpcclty that eueh Jurledlctton l.! ltltcyide. fn thc abrcncc of e clcar lndl.catlon to expand thc Jurl,edlctlon of such offlclalr bcyond lte ordl.narT lfunltr, f herltatc to lnrpoae ao unrcrronable a conltructlon on the ltatute. See R.C. 1.17(C). The fact that R.c. 2935.03 cnprcarly lfunltr the Jurtralctlon of tornrhlp conatablcr but not thrt of thc other pcace otflccre nanttoncd doc! not ncccrrarlly lndlcate a leglelatlrrc lntent to lnrpoec no lfunltatlon on the Jurlldlctlon ol ttrc othcr offieers. For rnort pur?olcr, thc Jurlsdlctlon of townehlp conetrblca Lg county-rl,dc. Dryton v. Brenn$, 6l Ohlo L. tbs. 525 (1952). The c!(p!c!a llrnltatlon of towarhlp conltabtcgr lurlsdlctlon In R.C. 2935.03 wae nccessary to ltmlt tt geographlcally for eertain purposes. There waa no such neceaelty ln the case of pollee offlcers, gherlffs and dcputy ahertlfe, and narahale, lf the ceneral Aseambly dld not wl.ah to change thelr ordlnary J urledlctlon. f eoncludc, then, that R.C. 2935.03 was not Lntcnded to confcr statr-ntdte Jurledlctlon on pollca offlcers for thc arreet of rnlgderneanants $rlthout a uarrarrt, and ttrat thelr Jurledletlon lr llnlted to the munlclpall.ty.
Jrnurt.r 1975 Adr. Sh..ls 74-095 oAc ATTORNEY GENERAL 2 -384
In epecltlc anawer to your guestion, tt te rry oplnlon andt yotr qre go ad,vlgedlr that: l. ln off-duty murletpal pollce officcr lray arrcat and detein another_pcrron whorn hs har rrasonablc caulc to belicvc ir gullty of a fclony untll a ytrrant can be obtatncdl, a! mry any othcr gltlzenr pursurnt to R.C. 2935.04. 2. An off-duty nunlcipal pollca ofllccr 66r,, pullurnt to R.C. 2935.03r arreat for a rnLsderelnor wlthout r wirrant only wlthln the terrl.torlal Jurlrdlctlon ln wirleh he 1g appolntcd, whlch ls the coryorate lln1tr of the nrrnle!.pallty.
oPtNlot.l No.74-095
5yl lobus: I board of cducatl.on tnay, purruant to Itr authorlty under R.C. 3313.20 and R.C. 3313.17, cnact a ragulatlon dealgrnatlng ararr vlthln a rshool bulldlng uhars rtudlcnt! ghall be pcranlttcd to rnpkc ar long as thc Board ol Educ.- tlon deternlner lt lt not lnjurtoue to thc hcalth or morale of thc studcntr.
To: Lee C. Fqlke, Montgomery County Pros. Atty., Doyton, Ohio By: Williqrn J. Brown, Attorney Generql, November 15, 1974
I ha\ts beforc nro your rGgucrt for an optnlon ag to rhethcr or not lt ls 1e9al1y pcrnl.ealblc for a board of educatlon to dealgrnatc rrear ytthln cchool buildinge wherc rtudcnt! ehall be permlttcd to srnok€. Boardlc of cducatl.on Ln Oht,o are crlture! of etatutc an Jrnrrrt 1975 Adv. Shcltt 2-349 1986 Opinions oAG 8fl)65 oPtNrol{ No. m5 Sylhbur: I. Pursuent to R.C. 2935.03, a runlcllnl pollce ottlccr ray Pursue, e!rest, anrl ilcteln untll a urrraBt ean bc obtained. a rleileleanor oCfendcr outalile tho lirlts of th€ runiclpality th.t apgointeil the oftlcer lf tho offlcet ia ruthorlzcil unaler R.c. 2935.03(f) or (B) to arr€6t anit detaln the offeniler rlthout e uerrant rlthln the jurlsrtlctlon that alrpointeil tbe offlcer. if tbe pureult la lnltirted rttbin the of,f,lccr'g furlailtctlon clthout unaeasonable ilelay rfter thc otlcnse la colrlttod. and 1g tha oltease 1g a tlret drgree llsilsroanor or a vlolation' of a aubetantlelly agulvrlcnt runlctpel oritlnance. a egcoarl Asgreo rledcreanor or r vlolatlon of r aubitanthlly rgutvelcnt runlclDel oritlnencc. or eay ottcnrc for chlch polnta rrc chrrgcrblc undcr n.c. t50?.o21(G). (19?l oD. Arily c€n. No. 7a-091 overrulcd ln p.rt.) 2 I runlcllnl 1n1lcc otllcer rto lg a rerbcr of a gollce test lorcc that, by tbc tsrra of a contract undcr n.e. 7n.Ol lncluder ecvcrel runlclgrlltlcs rnil grovtrlcc for gcncnl DoIlce lorylceg, haa tbc aarc ruthorlty Co relc thplrabcr l9tt6 oAG 86-065 Attorney General 2-350 vrrrrntloss .rrssta of nledeleanoE of,f,onalars ult,hln th. tartltory of th€ coBtractlng aunlelpalltlcr thrt he haa slthl,n the nunlclpellty thrt agpolnted hh. (195s Op. Att'y Gon. No. 68-155 aDprov€il and folloucd.) To: John T. Corrlgrn, Cuyrhoga Counly Prorcctllng Atlomey, Clcvolrnd, Ohlo By: Anlhony J. Cclcbrezo, Jr., Allorney G.neral, 9eplcmber 12, 19E0 You hevo requGsteal an oplnlon eoncqrnlng thc authorlty of gollcc ottlccre under n.e. 2935.03. In llgbt of roecnt lcglcletlvc ehangc., ggg, note I . !trlE!., end gursuant to couunlcatione gtth your otfl,ce. your gueotlon ray b€ phras€il rg follose: I! a runlclpel poltce offlcer la a nerber of e task loree th.t, by contract. lncluilea several ruolcipalltlce. undor trhat clrcunatancee ray that offlccr arE€at ilgdoneanor otfen 2938.13, uniler a[ obllgatlon to slther Drssent th€ ets. fot the strta ln a crlrtntl prosocutlon ia county court lnvolvlng the vloletlon of a Btrtc rtatuto or onaurc tbat the pioaecutorial resDonalblllty ls oth.rrtse carrkil/outr). In thc sv€nt thtt rn rrreat ratlo by e aerber of t task lotce that. by contract, lncluilea geveral. nunlcl9al,ltlee rlthln tbe county. results ln tbo l,rosecutlon r)t an otlentler by the countlr Ptosecutor. the pro.ccutor rust bs rblc to ascertaln the legallty of the arre3t. It Ls, tbua, elser thrt you have an lnterest ln agcertatnlng the effest posers of runtslDal pollce. and tbat I rl autboEizeal to ailvlge you on thlg subject. Eec R.C. log.la. ' Your queetton concorns th€ authorlty of a runlclpal poltce off,lcar to .!rsst lleiteleanor of,fsnalers outslde the te!rltory ol tha lualclpallty thet appolated tbe gollce of!lccr. gs, qoneral lv B.C. CbaBter 737. It te a general rul€ that tha ruthorlty ol a Dollce olflecr to rakc uarrantless ertraterrltorial arreatd !u6t errlo egeclf,lcally fsor the l€glslaturs. See qenoralle elty ot tr€ttctipq y. Holle!. 6l ohio St,. zd z3z, at6 N.E.zd 59e (fgso); C-Itv oi c{nclnnati v. ALg| g.gL, 5r ohlo 8t. zat 2t8, 375 il.E.zd 12al (tg?S)i Srrae v. nall.ce, 50 ohlo lDp. 2d 78, 361 !{.E.Zd sl6 (Franklln Counry 1976); l97l Op. Attry CeD. IVo. 7t-09t; 1968 0p. Att,y cen. Ifo. 68-155. Thu8, a nunicipal. pollce offlcer ray rake a sarrentlssa arrest outalile tho territory of the Jurledletion that appointed hln only as provideil by atatute. see cencrallv ohlo R. erh. P. a, 1.1 The only statr.iru glvlog a pollee olflcer ergllclt authorlty to lelrs a uarrentl€r.1 artsat of a nla I The vcrglon of R.c. 2935.03 quoteil hereln sas enacteit by Ar. sub. s.B. 356. 116th c€n. A. (1986)(eff., in part. sept. 21, 1986), aa an lntori! gectlon, effectlve untll Dccenber 31. 1987. The vcrston set fosth in lf,. sub. S.8. 356 to tahe aftsct D€caebsr 31, l9E7 orlts all reforenceg i,o rranber of a gollce torce ergloyed by a letsogolitan boualng authorlty under dlvision (D) of gectton 3735.31 of the Rsvieed eode' anal rnctropolltan houalng authority houalng profect.r Earller vcrelons of botb the lnterh sectlon and tbe p€rraneut sectlon ucre eaacteil by 1983-1981 Ohlo Laut, Pert I, 2066-67, 2O?5-2O75 (Sub. H.B. 129, cff.. ln part, April 12, f905). Extenglve alendronts to both of thoae earller velglons rere sBacteil by Sub. S.B. 33. lt6th ccn. l. (f985) (cff. . ln tldrt. oct. lO, 1985). but u€re substantlally rcpealed by lr. H.B. zal,1l5th Ccn. t. (I986) (cff.. 1n pelt, Uareb 6. 19e6). The repealed portions of thoso snendnenta, shleh rare refer€nceil in your reguoat. ar€ not coneldereal tn thls oplnlon. S(ptcmbfi l9E0 oAG 86{6s Attorney General 2-352 officer ia agpointed. enPloyed, or el€ctsd. a las of this Btate or an ordinance of a nunlciPal eorporatlon. (E) llhen there 1g reaaonable ground to belleve that an offenae of vlolenee. the off,ense of crlnlnal chllil entlcenent as ilefined in eection 2905.05 of the nevlBed eoda, the offsnse of Dubltc lnilecency ag ilefinail 1n s€ction 2907.09 of, the Reviseal Code. the oftonse oC donectic vlolence a8 deflned ln gectlon 2919.25 of the Revlsail eodo, t thoft of,tense a8 definod ln eection 2913.01 of the Revleed coder or a f€lony drug abuae offsnse a8 ilefineil ln tection 2g25.ol oe ihe Revieeal code. hae been conaltt€il uithln the llnlts of the polltical subittvlglon. netrogolltao houaing authorlty houalng prolect, college, or unlveriity 1n shlch the peac€ off,lcer ie appolnted. enploycd. or elected. a eherlff. deputy eheriff. larshal, ateputy Larahal. police offlcer. nenber of a pollce force elDloyed by a notropolltsn houeing authorlty unatet divlalon (D) of sectlon 3735.3I of the Revlsed code, or state university Iac enforcenent bfflcer appointeil under section 3315.Oa of the Revieeil eode nay arreat and iletain until a rarrant can be obtained any p€rson uhon he has reaSonable cauae to believe ts guilty of the violation. For Purposee of this divlglon. the erecution of a vrltten statenent by a psr3o! alleglng that an aIlege [etropo tan ng au ty ng Pro ect, col Iege, or unlversity enployeit or €lected. (r) Itnea 2 la Dll-?dtt tla n tleaed s dt !e an ng r ty ng gro ect. collsge, or unlverelty 1n ghlch the DCaCe ofll cer le aooolnteil angloycil, ot slccteil; 2-353 1986 Opinions oAG 8fl)65 (3' rrhrt,rnt lr rDA 6n Th 6 Sect s an lntcrln gectlon cf,f€etlvo untll Decerbsr 31. 1987. (ErDhaels adaled.) PuEau.nt to R.e.2935.03(D). a runlclpal pollce ofticer EaI, sltDout a r8rrant. Pur8u€, er!€3t. and detain untll a tatrailt can be obtalneil. a nistleleanor of,landar outslde the llrltg ot the lunlelDallty that.Dpolntoal ths Dottcc offlcqr only 1,f, eertaln conillttons ar€ srtlsfled. Flrot. thc ofltc€r rust be authorlzetl to arreat sithout e uatrant $nder B.C. 2935. 03 (A) or (B) . 2 llert. the gureult lu6t tel€ gi,ace ulthout unrsasonlble alelly aftcl th€ olf€trse ls corrltt.d. Tho gurault rust also start ulthln thc luniclDalltf that tgDointed tho olllccr. lurthor, tho ottsnse lnvolved rust bc onG of thosc sDeclticd tn 8.c. 2935.0!(Dl(3). tt rIl of thes. cotrdttlom are lct. the pureult. rlr.at. and alctalnrcnt outsldG tho lhlts ol nunlclgtllty that_ aDDotnteal th€ ofltccr slll be lestul pursuant to R.C. 2935.03.3 f note. touevsr, that your gueetlon rof€rs to a eltuatlon la rhtch a nunber ot lunleipalltlce have enlercil lnto a contrNct lor cooperatlve pollcc aEotectlon. It le !y undcrstandlng that the -cortract ln guestlon ua8 entarcd lnto pursuant to n.C. 737.O1,1 uhlch strtaa: Th€ lcqialatlvc authorlty of any runlclpal corso lrrotGlTo-; or to obtein rdalitlonal pollce protectlon. sntrr into coptrrcts ulth one or lgce runiclptl corpottaionr ln thls statc. or ulth a contiguoue nunlcipal eotpotitlon ln aa ailJoinlng state. cr 274{. Bcvlceal Coale. tncofer rs lt eppllcs to th€ opctetloo.ol pollce dGDaEtretrts, ehall 2 n.c. 2935.03(c) agpliea only to tounship eonstables .nd not to nunlelpal gollce offlcere. 3 J not€ tbat a cortrary conclugion saa reacbed in l9?l Op. Attry GsE. No. ?l-O91. otr the baels ol a vcraion o! n.C. 2935.03 ehlcb did not lncludc any of thc langurge currettly appearing in n.C. 2935.O3(D). Op. ilo. ?l-Ogt (syllabug, paragraph tro)(iIa]n oft-dutyS.gg. lunleipal police otfleer lrlr. Dursueot to R.C. 2935.03. arreat for a rl8alercanor rithout a uarrant only utthin the terrltorlal lurlgillctlon ln ublch hs ls appointeil. rblch 1g thc corl,os.ts llrits of tbe runlclpalltyr). I hetebt ovcrrute Op. lfo. 7l-O9l to Ghe erteot that lt la lnconaistcnt rith tbls oplnton. I tnig oplnloa docg not eonetder othct tyPes ot .rrtngclstrts by yhlch runlclgelltlae rry provlilc onc .nothcr slth pollce gsrvleee. !!99,, c.o., R.c 737.otl; n.c.737.10. Scptrmb.r 1986 oAG 86465 Attorney General 2-354 aDply to the contractlng polltlcal gubdlvlelons Nnil to thq poltce aloDartnont nenberg chan thcy are rcnderlng gervlce out,slac thslr oun euballvlaldna pursuent to such contEacts. Poltce departEent Derbers actlng outsiate the euballvlelon ln rhlch they are e[Dlofoal. pursuant to auch contrtcts. shall ba sntltleil to prrtlctDate ln any indennity funil sst,abllsh€d by thelr ergloyer to the 6il. erteBt as uhll6 actlng rlthln th6 €rploying eubdlvieion. Sucb D€lbera nhall be oBtltted to all the rlghts and beneflts of aectione al23.Ol to ll?3.91 of the Revleeal Code. to the sate oxtent aB chils pertdrnlnE servtce rlthln ths subatlvlelon. Such eontrrcte lay grovlile lor: (f) f fheil annual charge to bs Dald at the tinea agleed upon raal stlDulatsal thcreln! (B) corDongatlon baecd upon: (l) f .ttpulateil prlce fot each call, or energoncy; (2) The nurb€r ol nerbsrs or glecea ol equtpnent crploycil; (3) Thc clapeeil ths of aervlcc rcqulred ln guch crll or crcrgcncy. (C) CorDcnlatlon tor logg or ilaraEe to equlgnent shlle cngegril outaldc the llrlta of the gubitlvlalon osntng enil turnlrhlng thc equlgrcnt; (D) 8el$uts6rent o! Ehb aubillvlgton ln uhich the pollcc ilGgartnont lsnberg rro .lDloycd. for any lndernlty ruaral or grellul eontrlbutlon asseassal egatnet tbs eaploylng rubdlvlalon tor sorlcrs' conp.n8rt,ton bencflts for lnJurlca or death of lta pollcs aloprrtrent nelbera occurrlng ubllc engaged tn rcnilerlng rucb servlcc. (Erpharle ailddl.) One of ry gredecesaora. ln eonslilerlng R.e. ?37.O1. rsached nlhe. conclurlon that a gotlce offlcer Duraulng hio olfictal aluty to anothor iurlsdictlon purluant to a trutual police protectlon contract nay nalre laeful arrests aa an lnherent parc of thq dutise and responglbilities of hlg pogition.' op. lto. 6t-155 et 2-190. I concur ln thla conelusion. As noteil ln Op. lfo. 68-155, n.C. ?37.o1 provlitee that a pollce offlcer acting purauant to e cotrtreet undsr tbet 8€ctlon ia sntltleil to cartain of tbe sane bsnef,itt that the olficer racelvcs rhile rorklng ln tho Jurlaillction that appolnted hh. see x.e. ?37 "Ol (relerencing the rlgbt to partlclgate ln an lnilennlty tuld e8tabllsh€al by the enployer and the right to uorl€ra, corpcnratlon unal€r R.e. Chapter t123). R.e. 73?.Ol alao grovldee tlat such a gollce offlcer le aubject to R.c. cheDter 2711, rhlch govsrns tho tort llablllty ot polltteal subdlvlslong, to the ga[e €rtent as uhsn he rcnitorg eervlcsg to hlr ovn rubillvklon. The asscncc ot auch an arnngercnt ta thrt . contmct uniler R.C. 737.01 serves to erpand the ottlelal dutleg ot the pollce ottlcer, so thrt lt becoacg hls duty to crrrlt out lunctlong ln th€ telrltory rhlch hs eervcg pursuant to contract. lo tbe srlc lanner ln shleb hc carrles out hls dutlee ulthln the lurleillctlon that has agpolnteil hln, aggullag. o! course. tblt no ltnltatlons uPon hig authorlty are lrDosed by grovleton of contract. sse op. llo. 68-155 at 2-190 (ithe leglslatlve lntent ue8 thrt, guch olflcors shoulal gertorn corgletely thalr otflcial functloas rhile ln rnother Jurledlctlon lrursuaDt to a pollec protectlon cootract' ); g!.. 1965 Op. Att,y Cen. No. 66-179 (concernlng penalons and dlgablllty paynents). See qenerellv n.C. 3lI.07, l9?l 09. ttt,y Gcn. lfo. 7l-076 .t 2-259 (rlt ha8 bccn helil that thc autbority of a Itovnahlpl pollce otllcer pertonlng hla ilutlee 2-355 1986 OPinions. OAG Efl66 Durrurnt to IN contr|ct unal.t R.C. 5O5.llll ls lilentlcrl to hls ruthorlty ln hlg horc tounlhlp')! 1970 oD. lttry cl.n. llo. ?0-120. It loltors tb.t, rhcn a ruolclgellty contracts unilcr R.c. 73?.oa for th. provlrlon of gdncrel pollce acrvtcce. thc gollce ofllcere ot that :uniclpallty hrvr thc sllrc .uthorlty to rrha srrrrntlcs! rrrosts of rlrdorcanor ottendcrs tn thc tcrrltory of contrrctlng runlclpelltl.r thrt thstz h.vc rlthlD tbc tcrrltosy o! thc runlclprllty th.t rDpolntril th€r. th.rclore. ln ansver to your guestlon I ilrar the folloclng concluelona, and you are so attvleeal: I Pursuent to R.c. 2935.o3. t runlclpal pollce olticer rey pursue. arreot. rail iletetn untll a urrrant can bc obtrlncal. a llritelcenor otfcniler outslalc thc llrlts of thr runlclDallty that rDpolntcal thc otllccr ll rhc ottlccr 1r ruthortzaal undcr n.e. 2935.O3(t) or (B) to erraat enil iletaln thc of,fcnder clcbout a uarrlnt slthlo tbe Jurlrdictton thrt agpolnted the oftlccr. 1f thc Aurrult tg lnltlated rlthln th. ottlcor'B lurlaitlctlon ulthout unleaaonablc dcley aftcr thG otton8€ le corrlttcal, anal lf thc oftansc ig a tltst itagrce rlgdelcanor or r vlol,rtlon of a lubstentlrlltT cqulvelcnt runlclgal ordlnence. I stconat degtco rlgdstcanor or r vlolrttoa of I rubst.ntlalllr oqulvelent runlclgel orillnencc. oE tny oflonsc lor rblch golnts rte chargoable unilar n.e. l5O7.OZr(C). (1971 Op. lttry Gcn. llo. 7a-O9l ovorrulod ln gart.) 2 I runlclpat pollce off,lcer rho is a lerber of a Doltce ta8k forcs th.t. by thc terrs of a contract under R.e. 737.O1 lncludes arvorrl rualcipNlttles anil proviileo for gcneral golicc lctvicea, has ths Bal€ ruthotlty to reke rlrrlotleaa arseats of rlsileroanor of fcodere rlthln the territory of thG contrectlng runlclpatltles that he hae clthin tha runtcipallty that agpotnted hlr. (196s op. ltt'y Gen. llo. 68-155 apBroved anil follorail .) Scptcmb.r l9E6 Oninion No. Subsequent Disposition (Throueh 2019-010) 2017-036 followed by 2018-003 201 5-03s syllabus clarified by 2016-005 20ls-021 syllabus, paragraphs I through 9, modified in part, and followed in part, by 2017-026: syllabus, paragraph 10, explainedbv 2017-026 2015-004 syllabus, paragraph 8, followed by 2017-001 2013-022 modified, in part, by 2015-021 201 3-00 l syllabus paragraphs 3,4, and 5 overruled by 2015-005; syllabus paragraph 6 clarified by 2015-005 2012-016 syllabus, paragraph I, overruled, on the basis of statutory amendment, bv 2015-033 ,2010-018 syllabus, paragraph l, approved and followedby 2017-030 2010-001 syllabus, paragraph 2, overruled in part due to statutory change, by 2015-017 2009-031 overruled on the basis of statutory amendment by 2015-035 2008-009 ovemrled by 2009-054 2007-020 questioned by 2014-016 2006-034 followed by 2016-024; followed by 2016-028 200s-018 questioned by 2008-004; overruled in part by 2009-009; and modified I in part bv 2009-009 200s-009 syllabus, paragraphs I and2, overruled due to statutory amendment, by 2017-016 2004-038 overruled on the basis of legislative amendment by 2017-045 2004-019 followed by 2016-004 2004-001 overruled in part by 2014-016 2003-029 syllabus paragraphs I and 3, approved and followed by 2015-011 2003-021 modified by 2009-009 2003-00s overruled by 2011-017 2001-027 followed by 2016-036 2001-0l l syllabus, paragraph 2, distinguished by 2018-026 2001-006 explained by 2015-015 99-039 questioned by 2008-004 and modified by 2009-009 99-027 followed by 2016-036 99-023 approved and followed by 2018-006 98-028 clarified by 99-039; questioned by 2008-004; and ovemrled in part by 2009-009 98-026 clarified in part by 2009-009 ..J Overruled Opinions Index -2- 98-008 syllabus, paragraph 2, overruled on the basis of legislative amendment, by 2018-010 96-055 ovemrled in part by 2012-018 95-004 syllabus, paragraph 2, followed by 2015-007 94-076 distinguishe d by 20 I 8-026 94-035 overruled, in part, as a result of legislative enactment, by 2018-020 94-033 overruled in part by 95-032 94-009 questioned by 2008-004 and modified in part by 2009-009 94-004 approved and followed in part, and overruled in part, by 2019-009 93-0s9 overruled by 2005-032 92-076 overruled by 94-058 92-068 modified in part by 2005-038 92-066 questioned in part by 2009-009 92-064 approved and followed by 2016-039 9t-062 approved and followedby 2014-044 9l-06r overruled by 2007-012 9l-0s4 overruled in part by 94-012 9l-050 questioned by 2008-004 and overruled by 2009-009 9r-0r6 overruled, in part, as a result of legislative enactment,by 2018-013 9l -015 overruled, as a result of legislative enactment,by 2018-013 9l -003 clarified by 2007-025 90-104 overruled in part by 2009-009 90- I 01 syllabus, paragraph 3, modified and clarifiedby 2017-042 90-097 syllabus, paragraph 2, approved and followed by 2017-008 90-071 clarified by 2002-023 90-053 modified by 2005-038 90-049 limited in part by 2006-032 90-041 overruled by 97-009 89-1 03 modified by 90-022 89-096 ovemrled in part by 98-026 and limited by 2000-001 89-090 modified by 90-022 89-086 clarified by 98-021 89-078 modified by 98-023 89-063 syllabus, paragraph 7, overruled by 2015-004 89-021 overruled in part by 2004-032 89-012 questioned by 2008-004 and modified in part by 2009-009 Overruled Opinions Index .J 89-009 overruled in part by 2008-018 89-007 clarified by 97-034 88-103 ovemrled in part by 98-029 88-095 ovemrled by 2007-012 88-089 limited by 2000-001 88-074 overruled in part by 2004-032 88-057 overruled in part by 90-070 88-049 clarified by 2001-027 88-042 overruled in part by 2005-036 88-017 questioned by 2007-037 88-014 overruled in part by 2005-032 88-004 syllabus, paragraph I extended on the basis of legislative amendment, bv 2018-010 87-l 10 overruled in part by 94-066 87-067 overruled in part by 98-026 87-063 questioned by 2008-004 and modified in part by 2009-009 87-036 overruled in part by 87-072 87-029 overruled by 2013-013 87-010 clarified by 90-099 87-003 overruled in part by 2004-032 86-084 syllabus, paragraph 3, overruled, in part, due to statutory change, by 2015-007 86-0s9 clarified by 90-037 86-03 I overruled by 2004-012 86-028 ovemrled in part by 94-066 86-015 questioned by 88-059 and ov€rruled by 90-013 85-102 ovemrled by 98-026 85-093 limited by 88-089 and overruled by 2003-021 85-071 overruled in part by 2004-032 85-068 modified by 86-090 85-066 overruled in part by 91-008 85-058 modified by 88-009 85-056 modified by 9l-063 85-044 overruled in part by 2000-035 8s-03s modified by 89-012 8s-034 expanded by 86-008 Overruled Opinions Index -4- 8s-017 overruled by 2014-015 84-100 modified by 2001-032 84-086 modified by 90-064 84-071 qualified by 90-074 84-061 qualified by 90-074 84-05s limited by 88-089 84-048 modified by 2003-017 84-004 clarified by 86-003 83-089 overruled by 2004-008 83-073 qualified by 90-074 83-056 overruled in part by 2011-005 83-041 overruled in part by 94-070 83-038 overruled in part by 2008-032 83-032 overruled by 9l-008 83-030 questioned by 99-027 and200l-027 83-019 clarified by 2003-021 82-099 overruled in part by 2013-028 82-062 overruled by 87-023 ) 82-035 ovemrled by 85-055 82-023 overruled by 83-065 8l-049 ovemrled by 90-014 81-039 clarified by 82-025 8l -015 qualified by 90-074 8l-008 ovemrled by 2010-008 80-087 approved and followedby 2017-041 80-083 overruled in part by 2011-038 80-079 overruled in part by 87-076 80-076 overruled in part by 88-055 80-065 overruled by 90-014 80-054 overruled by 90-023 80-007 ovemrled in part by 90-11 I 80-003 overruled in part by 85-072 80-002 overruled in part by 8l-099 and 83-036 79-100 overruled in part by 2008-032 79-084 questioned by 87-102 '--,) Overruled Opinions Index -5- 79-050 clarified by 80-023 79-049 disapproved in part by 79-ll I and ovemrled by 81-100 79-042 clarified by 80-023 79-039 overruled, in part, as a result of legislative enactment,by 2018-020 79-008 overruled in part by 86-003 and modified in part by 2004-024 79-007 expanded by 96-039 and ovemrled by 99-052 79-001 overruled in part by 82-097 78-067 overruled by 80-084 78-066 modified by 85-065 78-055 ovemrled by 79-004 78-049 modified by 78-065 78-014 overruled by 79-072 78-001 overruled by 84-014 77-102 ovemrled by 2001-010 77-094 overruled by 93-027 77-078 disapproved in part by 79-l I I 77-069 ovemrled in part by 9l-024 77-068 modified by 78-025; questioned by 97-017; and overruled in part by 99-020 77-053 overruled by 81-023 77-015 overruled in part by 2013-033 77-009 limited by 88-089 77-007 overruled by 82-055 76-074 approved and followed by 2017-008 76-062 modified by 78-059 76-060 clarified by 80-023 76-059 clarified by 77-067 76-0s8 clarified by 80-002 and overruled by 8l-099 76-057 overruled in part by 88-042 76-043 ovemrled by 77-028 76-034 modified by 77-014 76-030 ovemrled in part by 76-054 76-025 ovemrled by 77-099 76-0 r 8 overruled by 80-087 76-0ls overruled in part by 81-011 76-012 overruled in part by 2004-024 Overruled Opinions Index -6- 76-001 clarified by 77-007 and modifiedby 77-029 7s-063 ovemrled by 76-022 7s-062 overruled in part by 97-010 75-053 modified by 80-079 75-048 ovemrled in part by 81-011 75-045 questioned by 2003-016 75-043 ovemrled by 83-046 74-107 overruled in part by 2002-034 74-096 clarified by 77-100 74-094 overruled in part by 86-065 74-071 overruled in part by 82-085 74-06s modified by 77-098 74-055 overruled by 8l-082 74-043 qualified by 87-069 74-039 disapproved in part by 79-lll 74-007 modified by 81-007 73-126 overruled in part by 77-064 73-1 l8 declined to follow, in part, by 2013-026 ) 73-tt6 overruled in part by 98-018 73-1 08 modified by 89-069 73-104 overruled by 81-049 and reinstated in part by 90-014 73-090 reversed by 77-098 73-082 questioned by 99-027 73-073 modified by 95-012 73-071 overruled in part by 95-017 73-065 ovemrled by 88-090 73-064 questioned by 88-033 73-063 modified by 8l-0l l 73-061 rescinded by 73-082 73-0s8 clarified by 74-051 73-048 clarified by 80-034 73-047 overruled in part by 8l-024 73-002 overruled by 8l-077 72-108 overruled in part by 99-053 72-076 clarified and amplifiedby 73-029 .) Overruled Opinions Index -7- 72-063 modified by 74-077 and 77-088 72-059 clarified by 80-002 and ovemrled by 83-036 72-031 modified by 2009-006 72-030 overruled in part by 80-095 72-012 modified by 2001-032 72-007 questioned by 87-082 7l -085 modified by 78-064 7t-037 questioned by 2001-027 7t-034 modified by 82-037 7t-0r2 overruled by 2004-008 7l-005 disapproved by 73-082 70-168 ovemrled by 8l-100 70-163 overruled by 7l-015 70-r38 questioned by 73-026 70-t2l ovemrled by 78-027 70-081 overruled in part by 2008-032 70-073 ovemrled by 84-008 70-053 questioned by 99-027 ) 70-022 questioned by 99-027 70-014 limited by 85-023 69-161 ovemrled in part by 71-083 69-t53 Ovemrled in part, due to statutory amendment,by 2017-013 69-133 questioned by 99-027 69-123 overruled by 78-014 69-lt9 overruled in part by 80-095 69-089 overruled by 9l-035 69-078 overruled by 89-067 69-062 modified by 79-052 69-05s overruled in part by 88-036 69-049 clarified and limited by 79-064 and overruled in part by 80-030 69-04s clarified by 75-084 69-031 overruled in part by 95-013 68-168 disapproved by 73-126 68-140 ovemrled by 78-029 68-105 modified by 78-064 ) Overruled Opinions Index -8- 68-098 overruled in part by 80-099 68-088 modified by 77-025 68-087 modified by 77-025 68-086 overruled in part by 8l-001 68-072 overruled in part by 90-070 68-021 overruled in part by 89-098 67-123 modified by 84-008 67-083 overruled by 79-054 67-080 overruled by 89-039 67-056 overruled by 85-024 and 91-071 67-029 overruled by 84-008 67-015 modified by 84-008 67-008 modified by 82-037 66-170 overruled by 9l-008 66-140 overruled by 69-130 66-136 overruled by 2004-008 66-127 overruled by 97-009 66-tt7 modified by 79-034 and questioned by 87-069 ) 66-l14 expanded by 87-040 66-103 ovemrled by 70-007 66-077 overruled by 72-030 66-046 overruled in part by 82-085 6s-206 overruled by 78-018 6s-199 ovemrled by 72-013 6s-193 ovemrled by 86-077 65-190 ovemrled in part by 82-054 65-145 ovemrled by 74-085 65-137 modified by 2018-008 65-126 questioned by 87-069 65-125 overruled by 82-064 6s-r23 modified by 81-01I 6s-108 modified by 78-044 6s-16 overruled, as a result of legislative enactment, by 201 8-01 6 64-t6tt overruled by 2006-012 64-1606 overruled in part by 80-064 .t-, Overruled Opinions Index -9- 64-1s24 questioned by 87-069 64-1523 ovemrled in part by 80-064 64-1499 approved and followedby 2014-027 64-1492 questioned by 87-082 64-1456 overruled in part by 80-070 64-1296 overruled by 97-012 64-1277 overruled in part by 64-1584 64-1044 overruled in part by 7l-083 64-978 overruled in part by 80-066 64-898 overruled in part by 65-123 64-897 questioned by 2004-019 64-882 overruled by 2009-005 64-780 modified by 8l-01I 63-666 overruled in part by 89-012 63-5s3 overruled in part by 80-101 63-500 modified by 83-085 63-470 disapproved by 72-037 63-4ss ovemrled by 70-084 63-346 ovemrled in part by 65-120 63-270 syllabus, paragraph 2, ovemrled by 2015-007 63-261 overruled in part by 80-101 63-152 modified by 64-1499 63-25 questioned by 2001-027 62-3513 overruled by 63-219 62-3385 overruled in part by 63-3533 62-3335 overruled by 97-001 62-3240 overruled by 83-036 62-323s questioned by 79-lll 62-3229 limited by 64-858 62-3199 overruled by 2010-024 62-3t97 overruled by 70-153 62-3170 overruled in part on the basis of legislative amendment by 2018-002 62-3145 overruled in part by 63-166 and 63-167 62-3081 overruled by 89-012 62-3067 overruled by 91-008 Overruled Opinions Index -10- 62-3027 overruled by 62-3143 62-3006 modified by 80-043 62-3005 overruled in part by 83-095 and 88-020 62-2936 overruled in part by 86-050 62-2879 overruled by 78-022 6t-2720 overruled in part by 82-054 6t-2657 modified by 63-718 6t-2410 clarified by 83-045 6t-2397 overruled as a result of legislative enactment by 2019-006 6 I -23 1l distinguishe d by 20 I 4-032 6l-2310 overruled by 78-022 6t-2216 questioned by 2003-016 6t-2206 questioned by 79-1ll 61-2188 ovemrled as a result of legislative enactmentby 2019-006 6t-2064 ovemrled by 2006-012 6t-2021 ovemrled in part by 8l-001 60-1842 limited by 79-107 60-1841 overruled in part by 2006-051 ) 60-1663 overruled in part by 78-022 60-1650 clarified by 99-045 60-1641 overruled by 8l-091 60-ls5l ovemrled in part by 64-1261 60-t464 modified by 67-109 60-1244 overruled by 8l-006 60-1234 overruled in part by 2001-028 60-l 166 overruled by 78-017 60-l 150 overruled by 65-219 59-1063 disapproved by 73-108 59-982 ovenuled by 60-1 155 59-860 ovenuled in part by 60-1202 59-850 ovenuled by 69-129 59-820 ovenuled in part by 87-062 59-693 clarified by 83-045 59-670 overruled by 65-87 s9-602 modified by and ovemrled in part by 85-080 ) Overruled Opinions Index -11- 59-451 questioned by 87-069 59-223 overruled in part by 78-022 and 88-020 59-198 disapproved in part by 79-lll 59-103 overruled in part by 79-008 59-92 overruled in part by 80-095 59-68 modified by 59-163 59-38 ovemrled in part by 62-2868 58-305 I expanded by 8l-005 58-2763 overruled by 63-449 58-2696 overruled in part by 88-036 58-2686 modified by 59-91 and overruled in part by 62-3310 58-2575 modified by 89-012 s8-2363 overruled by 80-028 58-2201 overruled by 80-036 s8-2190 overruled in part by 80-003 58-2169 modified by 58-3039 58-1 978 overruled in part by 83-023 s8-1 899 overruled in part by 60-1202 s8-1 705 questioned by 79-ll l and ovemrled by 79-ll2 57-1 380 questioned by 2001-027 57-136s modified by 58-2190 57-1187 overruled by 84-038 57-l 185 limited by 86-061 57-1 150 reconciled with 39-398 in 82-086 57-1086 modified by 58-1928 57-1052 modified by 99-035 57- I 005 overruled in part by 74-068 57-898 overruled in part by 87-069 57-844 overruled by 78-022 57-787 overruled by 69-130 57-737 overruled by 80-036 57-516 ovemrled by 88-026 57-398 ovemrled by 2004-012 s7-330 ovemrled in part by 63-3532 s6-6196 ovemrled in part by 2013-016 ,.__) Overruled Opinions Index -12- 56-6183 modified by 80-003 56-6136 ovemrled by 84-038 55-5699 syllabus paragraph I overruled on the basis of legislative amendment bv 2017-041 55-5565 disapproved in part by 79-ll1 55-5562 clarified by 87-014 55-4893 overruled by 90-077 and 98-025 55-4806 ovemrled by 2003-008 s4-4961 clarified by 83-035 54-4642 ovemrled by 59-91 54-4322 overruled by 83-036 s4-3998 modified by 77-079 54-3950 overruled by 70-021 54-3917 modified in part by 57-959 54-3644 ovemrled in part by 2008-032 53-3249 questioned by 2013-002 53-3052 overruled in part by 60-1537 and 66-067 53-2770 overruled by 83-040 \ s3-2318 modified by 57-1311 52-2184 modified by 57-736 52-14t5 overruled by 6l-2595 52-1289 questioned by 79-ll1 s l-1019 overruled by 83-086 5 1-1014 overruled by 78-022 51-931 modified by 75-026 5t-862 overruled by 84-070 5 1-8 12 overruled in part by 66-162 51-266 modified and ovemrled in part by 63-500 51-247 overruled by 58-2880 51-224 modified by 8l-020 50-2616 modified by 69-108 50-2532 ovemrled in part by 73-029 50-2396 ovemrled in part by 2014-006 . 50-1 90 I ovemrled by 58-2016 50-1784 overruled by 56-6223 s0-1606 ovemrled by 89-069 ) Overruled Opinions Index -13- 50-1s32 overruled by 91-008 50-1419 questioned by 200I-042 49-1284 modified by 2019-005 49-1083 overruled by 83-070 49-t076 overruled in part by 63-502 and ovemrled by 65-150 49-1009 modified by 61-2145 49-924 overruled by 58-1962 49-80r overruled by 2012-042 48-3893 modified by 62-3202 48-3435 overruled in part by 9l-008 48-2592 overruled by 8l -006 47-2270 ovemrled by 59-692 47-1905 modified by 65-150 46-l 168 modified by 67-109 46-942 ovemrled in part by 2001-003 46-931 overruled by 87-005 46-835 overruled by 81-006 4s-231 overruled by 69-014 I 45-143 overruled by 2004-012 44-7316 overruled by 62-3124 44-7006 overruled by 97-012 43-6406 overruled by 87-023 43-5798 overruled in part by 2014-006 42-5317 modified by 57-1269 42-5184 questioned by 87-069 42-4966 overruled by 92-013 42-4897 overruled in part by 58-2190 and 80-003 41-4685 modified by 62-3071 4t-3955 overruled by 90-023 40-3087 clarified by 83-046 40-2778 overruled in part by 62-2868 40-2521 overruled in part by 2007-046 40-1695 questioned by 87-069 39-1572 overruled by 88-081 39-1267 overruled by 2004-012 J Overruled Opinions Index -t4- 39-12t6 overruled in part by 85-051 39-713 modified by 58-3039 39-398 reconciled with 57-l 150 in 82-086 38-3546 overruled by 62-3438 38-3517 overruled in part by 81-011 38-2671 overruled by 94-086 38-2491 questioned by 87-069 38-1972 ovemrled in part by 2013-004 38-1862 overruled in part by 89-076 37-1464 overruled by 74-048 37-1283 overruled by 83-086 37-1190 questioned by 86-015 37-748 ovemrled by 8l-01I 37-714 overruled by 2019-005 37-164 questioned by 99-046 37-t34 ovemrled by 8l-040 36-6120 overruled by 86-028 36-5912 overruled by 62-2920 ) 35-4759 overruled in part by 80-003 35-4333 rendered obsolete by 74-068 35-4216 clarified by 35-4271 35-3897 overruled by 9l -008 34-3319 overruled by 2007-046 34-3162 overruled by 57-1245 34-2596 overruled by 82-022 34-2530 overruled in part by 59-198 34-2478 overruled in part by 2008-032 33-2130 overruled in part by 95-040 33-1981 overruled in part by 8l-01 1 33- I 889 overruled by 88-058 33-1 856 overruled in part by 2011-009 33-1832 modified by 58-2991 33-1174 questioned by 87-107 33-969 overruled by 2012-042 33-l6l questioned by 99-046 J Overruled Opinions Index -l 5- 32-4885 overruled in part by 65-1 l0 and clarified by 2003-006 32-4021 modified by 65-150 32-3932 clarified by 83-046 31-3513 questioned by 99-046 31-3421 overruled by 67-051 3 1 -3305 modified by 77-079 31-3170 overruled by 70-076 3t-2864 overruled in part by 2013-016 30-2603 overruled in part by 92-013 30-2407 overruled in part by 75-087 30-2165 overruled by 95-040 30-2114 overruled by 9l-008 30-1732 overruled by 88-058 30-1 583 overruled by 60-l 150 30-1 540 overruled in part by 2013-035 29-790 reconsideredby 87-025 29-697 overruled in part by 8l-098 29-242 in part \ overruled by 81-098 I 28-3079 overruled in part by 2007-018 and questioned by 2010-004 28-2940 overruled in part by 2012-009 28-2629 overruled in part by 2012-023 28-2155 overruled in part by 2012-009 28-2154 overruled in part by 87-052 28-1679 rendered obsolete by 74-068 28-1678 overruled in part by 87-069 28-1664 rendered obsolete by 74-068 27-1396 overruled in part by 89-069 27-1288 questioned by 79-1ll 27-t037 ovemrled by 80-040 27-960 ovemrled in part by 87-052 27-461 overruled in part by 2012-009 27-274 ovemrled in part by 2013-035 27-t04 ovemrled in part by 2013-035 26-3092 ovemrled by 2013-035 25-2836 ovemrled by 83-036 .*_) Overruled Opinions Index -16- 2s-2s73 overruled by 3 I -37 9 l, 3 4 -3 60 5, 4 4 -693 5, and 200 6-0 42 25-2308 overruled by 37-244 24-2098 clarified by 8l-096 23-786 modified by 80-052 23-326 overruled by 57-1148 23-37 overruled in part by 63-470 22-3741 ovemrled by 65-150 22-32t0 overruled in part by 2003-027 2l-2495 overruled by 77-001 20-1776 rendered obsolete by 74-068 20-1579 ovemrled by 90-097 20-1460 overruled by 2013-035 20-1454 overruled by 80-040 20-1073 overruled in part by 85-051 t9-798 overruled by 2019-005 t9-647 overruled by 83-036 19-5 10 ovenuled by 87-070 t9-4s overruled in part by 81-011 t8-1332 overruled by 88-010 t8-1292 overruled in part by 8l-066 I 8-1206 overruled by 2019-005 t8-1123 overruled by 9a-086 t8-949 overruled by 89-027 r8-926 overruled by 83-036 t7-723 overruled in part by 88-036 t7-595 overruled by 98-003 l7-502 overruled by 81-085 16-1462 overruled by 2019-005 t6-1237 clarified by 2004-025 ts-934 overruled by 83-036 t4-862 clarified by 2004-025 l3-401 overruled in part by 8l-098 l3-6s questioned by 99-046 l3-25 overruled by 66-014 l3-13 questioned by 87-107 aa Overruled Opinions Index -17- a) t2-s94 modified by 59-643 t2-475 overruled by 88-058 l2-262 ovemrled by 66-014 lt-241 ovemrled by 2009-018 l1 -66 ovemrled by 66-014 1910-191 l, p. 433 overruled by 2012-037 1903-1907, p. 143 ovemrled by 2004-Q25 1846-1906, vol. 4, p. 746 questioned by 99-027 () U