OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 241 Bill Analysis
135th General Assembly
Click here for H.B. 241’s Fiscal Note
Version: As Passed by the House
Primary Sponsors: Reps. J. Miller and K. Miller
Effective Date:
Kelly Bomba, Attorney
SUMMARY
Allows a police department to fill a vacant position in the classified civil service without
a competitive examination if the department presents evidence that competition is
impracticable and the position can best be filled by a person holding a specialized
certification, possessing peculiar and exceptional qualifications, or having completed the
department’s police cadet training program.
Allows the municipal police chief to conduct training schools for prospective law
enforcement officers that align with Ohio Peace Officer Training Academy standards and
offer equivalent qualification, and places the prospective officers in the unclassified civil
service.
DETAILED ANALYSIS
Fill vacant police position in classified civil service without exam
Under the bill, the Director of Administrative Services may suspend the requirement to
conduct a civil service examination to fill a vacant position in the classified civil service in a
police department where competition is impracticable in that special case, unless the exception
described below applies. To have the examination suspended, the appointing authority must
submit satisfactory evidence to the Director that competition is impracticable and the position
can best be filled by a person who:
Holds a specialized certification;
Possesses peculiar and exceptional qualifications; or
Has completed a police cadet training program through the police department.
January 4, 2024
Office of Research and Drafting LSC Legislative Budget Office
A suspension cannot be general in its application.1
The Director’s authority to suspend competitive examination requirements under the
bill does not apply to a vacancy in a position in the classified civil service in a police department
that must be filled by promotion under continuing law. Continuing law prescribes the manner
by which positions above the rank of patrol officer in a police department must be filled. 2
The Ohio Constitution requires that appointments to the civil service of the state or a
county or city be made “according to merit and fitness, to be ascertained, as far as practicable,
by competitive examinations.” It also requires that laws be passed to enforce that
requirement.3 Ohio law generally requires all applicants for a position in the classified civil
service to pass an examination to be eligible for hire.4 A city must apply the Ohio civil service
law unless its charter expressly allows it to exercise its power of local self-government in a way
that contradicts the law.5
Current law allows the Director to suspend the requirement that an examination be
conducted to fill a position where peculiar and exceptional qualifications of a scientific,
managerial, professional, or educational character are required. To receive the suspension, the
appointing authority must provide evidence that competition in each special case is
impracticable and the position can best be filled by a person of high and recognized
attainments relevant to the position.6 The Ohio Supreme Court has held that an appointing
authority must demonstrate “extraordinary circumstances” to make an appointment to a
position with exceptional qualifications without an examination.7 Determining whether
extraordinary circumstances justify suspending a competitive examination requires an
individualized analysis of the facts in each case.8
Current law also permits an appointing authority to make a temporary appointment to a
vacant position in the classified civil service by noncompetitive examination. A temporary
appointment must be made for urgent reasons and cannot last longer than 120 days, unless it is
considered necessary according to the Director’s rules.9 Security concerns resulting from
1 R.C. 124.30(A)(3).
2 R.C. 124.30(D), by reference to R.C. 124.44, not in the bill.
3 Ohio Constitution, Article XV, Section 10.
4 R.C. 124.23, not in the bill.
5Ohio Const., art. XVIII, secs. 2, 3, and 7 and State ex rel. Regetz. v. Cleveland Civ. Serv. Comm., 72 Ohio St.3d
167, 172 (1995). See also Northern Ohio Patrolmen’s Benevolent Assn. v. Parma, 61 Ohio St.2d 375 (1980).
6 R.C. 124.30(A)(2).
7 Moore v. Agin, 12 Ohio St.3d 173, 175 (1984).
8 Compare Moore at 174-175 (finding extraordinary circumstances) with Ohio Patrolmen’s Benevolent
Assn v. Fostoria Civ. Serv. Comm., 2006-Ohio-4193, ¶12-14 (3rd Dist. 2006) (refusing to find extraordinary
circumstances).
9 R.C. 124.30(A)(1).
P a g e |2 H.B. 241
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
understaffing are considered a valid “urgent reason” for making a temporary appointment.10
However, the appointing authority must administer an examination before a temporary
appointment can become permanent.11 A temporary appointee serves at the pleasure of the
appointing authority. If the temporary appointee is permanently appointed to the position, the
temporary service does not count toward the appointee’s probationary service in the
permanent position.12
Training schools for prospective law enforcement officers
The bill allows a municipal police chief to conduct training schools for prospective law
enforcement officers. The training school programs must align with Ohio Peace Officer Training
Academy standards and offer equivalent qualification. The prospective officers, during the
training period and as members of the training school, may be paid a reasonable salary. The bill
places prospective officers participating in a training school program in the unclassified civil
service. The police chief may establish rules governing the qualifications for admission to
training schools for prospective officers and provide for competitive examinations to determine
the fitness of the students and prospective officers, not inconsistent with the Director’s rules.
The police chief also may furnish the necessary supplies and equipment for the prospective
officers’ use during the training. On completing a training school program, a program graduate
may be hired directly by the relevant department.13
HISTORY
Action Date
Introduced 07-11-23
Reported, H. Homeland Security 10-30-23
Passed House (91-0) 12-13-23
ANHB0241PH-135/ks
10State ex rel. Charlton v. McFaul, 8th Dist. Cuyahoga No. 68678, 1995 Ohio App. LEXIS 5284, 1995 WL
705266 (November 30, 1995).
11See, e.g., Mines v. Warren, 11th Dist. Trumbull Case Nos. 90-T-4453, 90-T-4454, 1991 Ohio App. LEXIS
1838, 1991 WL 70115 (April 26, 1991).
12 R.C. 124.30(B) and (C), with conforming changes in R.C. 124.11.
13 R.C. 124.11(A) and 737.061.
P a g e |3 H.B. 241
As Passed by the House
Statutes affected: As Introduced: 124.11, 124.30
As Reported By House Committee: 124.11, 124.30
As Passed By House: 124.11, 124.30