Clark County sheriff questions law on reserve officer benefits

Bill designed to help families of those killed or injured.

Clark County and all political subdivisions with agencies that employ peace officers statewide must now set aside $300 to $500 to help pay benefits for part-time or reserve police officers injured or killed in the line of duty.

But Clark County Sheriff Gene Kelly said officials have a lot of questions about the bill.

The Volunteer Peace Officer’s Dependents Fund was established as part of Senate Bill 11 in honor of Jason Gresko, a Willoughby police officer who was hit by a drunk driver and killed while responding to a request for assistance at Lake West Hospital in Lake County Ohio on Sept. 21, 2012.

Surviving family members of part-time officers would be paid an initial $1,000 and $300 a month thereafter. A parent of guardian of dependent children would receive $125 per month, and a disabled volunteer peace officer would receive $300 per month.

Kelly and area leaders applaud the intention of the bill, also known as the Jason Gresko Act.

But he said instructions provided to law enforcement officials and political subdivisions about the bill are unclear.

“They didn’t think this through. It’s not clear. We’ve read it and read it … It doesn’t make any real sense,” Kelly said. “I think the Senate should spend more time thinking through things and having testimony so that people can have a clear understanding of what their intent was.”

Each political subdivision will become members of the fund, and each member — there are at least 11 in Clark County — must establish a five-member board to administer claims for the benefits from the fund, according to the County Commissioners Association of Ohio.

Board members must be named by April 22.

Each political subdivision or member must pay an initial premium of $300 to $500, which is based on the member’s assessed property valuation. Additional premiums may be required, according to the County Commissioner’s Association of Ohio.

Kelly said there’s uncertainty how area jurisdictions will establish these boards and which entities are included because he said the park rangers also have volunteer peace officers.

“It had good intentions, but it certainly wasn’t well thought out or explained,” Kelly said.

Kelly said reserve officers for the sheriff’s office are already covered under workers compensation.

He said the officers may provide security at games, direct traffic or cover a run for a fundraiser, but they cannot work without support of a regular deputy.

Kelly said peace officers with other agencies may be “total volunteers” who are not covered by insurance.

The benefit only applies to those reserve officers who are not covered by a public employee retirement systems, police and fire pension fund, state highway patrol retirement system or the Cincinnati retirement system, according to Ohio Department of Commerce officials.

The bill was sponsored by Senators John Eklund and Frank LaRose and co-sponsored by dozens of other senators, including Sen. Bob Hackett, R-London.

Hackett said the goal of the bill is to provide peace officers and their families a small death benefit or disability payment for their sacrifice.

“It brings some protection that they didn’t have,” Hackett said.

Hackett said he would work to clarify the administrative side of the bill to help officials better understand their role as members of the fund.

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