Rep. Gerberry seeks clarity in sheriff requirement law

By David Skolnick

An associate degree would be needed to be a sheriff candidate in Ohio.

YOUNGSTOWN — The amount of college needed to be eligible for a sheriff candidate — an issue in last year’s election here — would be clarified under legislation introduced in the Ohio House by state Rep. Ronald V. Gerberry.

To be eligible to run for sheriff, state law requires candidates to have “at least two years of post-secondary education or the equivalent in semester or quarter hours” or “at least two years of supervisory experience at the rank of corporal or above.”

Gerberry’s bill would require sheriff candidates qualifying under the education requirement to have at least a two-year associate degree. His proposal has slightly different language regarding supervisory experience, but doesn’t change the minimum qualification.

“I want clarity,” said Gerberry of Austintown, D-59th, of the bill. “It’s a little tougher, but it’s a lot more clear.”

The legislator said controversy surrounding the eligibility of David P. Aey as a Mahoning County sheriff candidate in last year’s election prompted him to seek a change to the sheriff requirement law. Gerberry was heavily involved in establishing sheriff eligibility requirements when he served in the Ohio House 20 years ago.

The Ohio Supreme Court decided in October 2008 that Aey wasn’t qualified to run as a write-in candidate for sheriff in the November election even though he provided transcripts from accredited universities that he had 60 credit hours of post-secondary education. That’s 12 more credits than needed for two years of post-secondary education.

But the court ruled in a 5-2 decision that the county board of elections, which voted that Aey had men the education requirement, had “abused its discretion” by allowing him to run as a write-in.

Aey received 16 credit hours from Jefferson Community College in Steubenville for “life skills” earned for taking training courses to be a deputy years prior. The court ruled that the training “should not be acceptable as college credit under [state law] because it is already included in the separate eligibility requirement” for the job.

“The Ohio Supreme Court came out of nowhere with their interpretation,” Gerberry said. “I don’t know what the court was thinking.”

Aey said he’s pleased Gerberry’s bill would clarify how much post-secondary education is needed to be a sheriff candidate.

“It’s good for anyone who wants to run in the future,” he said.

While he doesn’t object to the proposed change, Aey said, “I’d rather see a time frame of law experience, like 10 years, rather than an associate degree as a requirement.”

Attempts Thursday to reach Sheriff Randall Wellington, who filed the objection to Aey’s eligibility with the Supreme Court, were unsuccessful.

skolnick@vindy.com