The mayor shall, when provided for by the legislative authority of a village, and subject to its confirmation, appoint all deputy marshals, police officers, night guards, and special police officers. All such officers shall continue in office until removed therefrom for the cause and in the manner provided by section 737.19 of the Revised Code.
No person shall receive an appointment under this section after January 1, 1970, unless the person has, not more than sixty days prior to receiving such appointment, passed a physical examination, given by a licensed physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife, showing that the person meets the physical requirements necessary to perform the duties of the position to which the person is to be appointed as established by the legislative authority of the village. The appointing authority shall, prior to making any such appointment, file with the Ohio police and fire pension fund a copy of the report or findings of said licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife. The professional fee for such physical examination shall be paid for by the legislative authority.
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 1958–2022 · leading case: Haven v. Lodi, 2022-Ohio-3957, 200 N.E.3d 395.
Haven v. Lodi, 2022-Ohio-3957, 200 N.E.3d 395. · cites it 10דR.C. 737.16 provides for the appointment of a police officer for a village and that the “officer[] shall continue in office until removed therefrom for the cause and in the manner 5 provided by [R.”
West v. Vill. of Bentleyville, 536 N.E.2d 401 (Ohio Ct. App. 1987). · cites it 3דPursuant to R.C. 737.16, only the mayor has authority to appoint police officers subject to approval of council.”
Mick v. New Holland, 2020-Ohio-4475, 158 N.E.3d 901. · cites it 4דOn appeal, Appellant, Village of New Holland, contends that 1) the trial court erred in finding that Mick was hired under R.C. 737.16 because there was no legal authority for the Village to hire Mick under R.”
State v. Byomin, 154 N.E.2d 823 (Ohio Ct. App. 9th Dist. 1958). · cites it 4ד15, Revised Code, in its pertinent part, reads as follows: “Each village shall have a marshal, designated chief of police, appointed by the mayor with the advice and consent of the legislative authority of the village, who is an elector thereof * # # 9 Section 737.16, Revised…”
Dillingham v. Vill. of Woodlawn, 619 N.E.2d 1152 (Ohio Ct. App. 1st Dist. 1993). “We hold, moreover, that a village does have the authority to hire “temporary” policemen under R.C. 737.16 and 737.17. Dillingham’s first assignment of error is, therefore, overruled.”
Harvey v. Brumback, 177 N.E.2d 70 (Ohio Ct. App. 1960). · cites it 2ד16 of the Revised Code [Section 737.16, Revised Code, is not pertinent to our present inquiry], shall be for a probationary period of six months’ continuous service, and none shall be finally made until the appointee has satisfactorily served his probationary period.”
Toth v. Vill. of Elmwood Place, 485 N.E.2d 735 (Ohio Ct. App. 1st Dist. 1984). “The appellee, on the other hand, argues at some length that the procedure for removing a village police officer is exclusively governed by R.C. 737.16 and 737.19, with which procedure the village quite clearly did not comply.”
Dalton-Webb v. Vill. of Wakeman, No. 3:19-cv-00630 (N.D. Ohio Aug. 21, 2020). · cites it 16ד24, at 4-6); see also Ohio Rev. Code § 737.16 (requiring Village Council confirmation of initial appointment).”
State ex rel. Sullivan v. Vill. of Middleburg Heights, 174 N.E.2d 777 (Ohio Ct. App. 8th Dist. 1961). · cites it 18ד” Section 737.16. “The mayor shall, when provided for by the legislative authority of a village, and subject to its confirmation, appoint all deputy marshals, policemen, night watchmen, and special policemen.”
State ex rel. Brettrager v. Newburgh Hts., 89 Ohio St. 3d 272 (2000). · cites it 4ד” In response, Brettrager filed copies of R.C. 737.16 and 737.17. The village subsequently filed a motion to dismiss, or, in the alternative, for summary judgment, and Brettrager filed a motion for summary judgment.”
Reed v. Vill. of Wilmot, No. 5:18-cv-02386 (N.D. Ohio Sept. 30, 2019). · cites it 2ד” Section 737.16 provides for the appointment of deputy police chiefs and police officers.”
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