581 N.E.2d 1150 | Ohio Ct. App. | 1989
This appeal involves a class action brought by Hamilton County deputy sheriffs against Sheriff Simon L. Leis, Jr. ("the sheriff") regarding the sheriff's refusal to certify the deputies as peace officers.1
Appellants Jeffrey Dektas, John Wainscott, and Randy Webb are employed as Hamilton County deputy sheriffs and work in the sheriff's corrections division. Appellants sought to be certified as peace officers by the sheriff in order to partake in training courses at the Peace Officer Training Academy pursuant to R.C.
Appellants have appealed the trial court's granting of the sheriff's summary judgment motion and the denial of their motion. In their single assignment of error, appellants argue that corrections officers fit within the purview of the definition given to "peace officer" in R.C.
As provided in R.C.
"A deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporation, member of a police force employed by *452
a metropolitan housing authority under division (D) of section
In order for a person to be a peace officer under R.C.
As deputy sheriffs, appellants clearly satisfy the first prong of the statutory definition. However, based on the following, we hold that appellants do not meet the remaining statutory requirements.
The notices which accompanied appellants' appointments as deputy sheriffs restricted appellants' authority to that which was necessary to perform and fulfill the job duties set forth in their respective classifications and job descriptions as "corrections officers." The record contains affidavits from the sheriff and his predecessor, Lincoln J. Stokes, which state that neither of them "at any time, appointed, commissioned, or employed plaintiffs [appellants] as `peace officers' within the meaning of that term as it is or was defined in Ohio Revised Code [Section]
In light of the above, we are compelled to conclude that appellants were not "commissioned and employed" as peace officers and that their primary duties as jail correction officers do not equate to those of peace officers within the meaning of R.C.
The sheriff was entitled to judgment as a matter of law. SeeTemple v. Wean United, Inc. (1977),
The judgment of the trial court is affirmed.
Judgment affirmed.
DOAN, P.J., KLUSMEIER and HILDEBRANDT, JJ., concur.