As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 348   5            

      1997-1998                                                    6            


 REPRESENTATIVES SCHUCK-TAYLOR-SCHULER-GRENDELL-CORBIN-WILLIAMS-   8            

                      TAYLOR-GARCIA-THOMAS                         9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 124.34 and 2313.12 of the Revised   12           

                Code to make conviction of certain felonies a      13           

                separate basis for disciplining  a classified      14           

                employee, to prohibit appeals to the State         16           

                Personnel Board of Review or  a local civil        17           

                service commission if the subject of the appeal    18           

                is a  classified employee's discipline for         20           

                conviction of certain felonies,  to deprive a      21           

                person convicted of certain felonies of tenure     22           

                rights to state  employment, to specify the date   24           

                when a disciplinary order is served upon  a        25           

                classified employee, and to require a juror to     26           

                sign a statement affirming  that the juror has     27           

                not been convicted of a felony.                    28           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        30           

      Section 1.  That sections 124.34 and 2313.12 of the Revised  32           

Code be amended to read as follows:                                33           

      Sec. 124.34.  (A)  The tenure of every officer or employee   43           

in the classified service of the state and the counties, civil     44           

service townships, cities, city health districts, general health   45           

districts, and city school districts thereof, holding a position   46           

under this chapter of the Revised Code, shall be during good       47           

behavior and efficient service and no.  NO such officer or         49           

employee shall be reduced in pay or position, suspended, or                     

removed, except as provided in section 124.32 of the Revised       50           

                                                          2      

                                                                 
Code, and for incompetency, inefficiency, dishonesty,              51           

drunkenness, immoral conduct, insubordination, discourteous        52           

treatment of the public, neglect of duty, violation of such        53           

sections or the rules of the director of administrative services   54           

or the commission, or any other failure of good behavior, or any   55           

other acts of misfeasance, malfeasance, or nonfeasance in office,  56           

OR CONVICTION OF A FELONY.  A finding by the appropriate ethics    58           

commission, based upon a preponderance of the evidence, that the   59           

facts alleged in a complaint under section 102.06 of the Revised   61           

Code constitute a violation of Chapter 102., section 2921.42, or   62           

section 2921.43 of the Revised Code may constitute grounds for     63           

dismissal.  Failure to file a statement or falsely filing a        64           

statement required by section 102.02 of the Revised Code may also  65           

constitute grounds for dismissal.                                               

      CONVICTION OF A FELONY IS A SEPARATE BASIS FOR REDUCING IN   67           

PAY OR POSITION, SUSPENDING, OR REMOVING AN OFFICER OR EMPLOYEE,   68           

EVEN IF THE OFFICER OR EMPLOYEE HAS ALREADY BEEN REDUCED IN PAY    69           

OR POSITION, SUSPENDED, OR REMOVED FOR THE SAME CONDUCT THAT IS    70           

THE BASIS OF THE FELONY.  AN OFFICER OR EMPLOYEE MAY NOT APPEAL    71           

TO THE STATE PERSONNEL BOARD OF REVIEW OR THE COMMISSION ANY       72           

DISCIPLINARY ACTION TAKEN BY AN APPOINTING AUTHORITY AS A RESULT   73           

OF THE OFFICER'S OR EMPLOYEE'S CONVICTION OF A FELONY.  IF AN      74           

OFFICER OR EMPLOYEE REMOVED UNDER THIS SECTION IS REINSTATED AS A  75           

RESULT OF AN APPEAL OF THE REMOVAL, ANY CONVICTION OF A FELONY                  

THAT OCCURS DURING THE PENDENCY OF THE APPEAL IS A BASIS FOR       76           

FURTHER DISCIPLINARY ACTION UNDER THIS SECTION UPON THE OFFICER'S  77           

OR EMPLOYEE'S REINSTATEMENT.                                       78           

      A PERSON CONVICTED OF A FELONY IMMEDIATELY FORFEITS ANY      80           

RIGHTS TO TENURE IN ANY STATE EMPLOYMENT ON AND AFTER THE DATE OF  81           

CONVICTION FOR THE FELONY.  IF AN OFFICER OR EMPLOYEE IS REMOVED   82           

UNDER THIS SECTION AS A RESULT OF BEING CONVICTED OF A FELONY OR   83           

IS SUBSEQUENTLY CONVICTED OF A FELONY THAT INVOLVES THE SAME       84           

CONDUCT THAT WAS THE BASIS FOR THE REMOVAL, THE OFFICER OR         85           

EMPLOYEE IS BARRED FROM RECEIVING ANY COMPENSATION AFTER THE       86           

                                                          3      

                                                                 
REMOVAL NOTWITHSTANDING ANY MODIFICATION OR DISAFFIRMANCE OF THE   87           

REMOVAL, UNLESS THE CONVICTION FOR THE FELONY IS SUBSEQUENTLY      88           

REVERSED OR ANNULLED.                                              89           

      AS USED IN THIS DIVISION, "FELONY" MEANS ANY OF THE          91           

FOLLOWING:                                                                      

      (1)  A FELONY THAT IS AN OFFENSE OF VIOLENCE AS DEFINED IN   93           

SECTION 2901.01 OF THE REVISED CODE;                               94           

      (2)  A FELONY THAT IS A FELONY DRUG ABUSE OFFENSE AS         96           

DEFINED IN SECTION 2925.01 OF THE REVISED CODE;                    97           

      (3)  A FELONY UNDER THE LAWS OF THIS OR ANY OTHER STATE OR   99           

THE UNITED STATES THAT IS A CRIME OF MORAL TURPITUDE.              100          

      (B)  In any case of reduction, suspension of more than       102          

three working days, or removal, the appointing authority shall     103          

furnish SERVE such employee with a copy of the order of            104          

reduction, suspension, or removal, which order shall state the     105          

reasons therefor.  Such order shall be filed with the director of  106          

administrative services and state personnel board of review, or    107          

the commission, as may be appropriate.                             108          

      Within ten days following the filing of DATE ON WHICH such   110          

order IS SERVED, the employee, EXCEPT AS OTHERWISE PROVIDED IN     111          

THIS SECTION, may file an appeal, in writing, with the state       113          

personnel board of review or the commission.  In the event FOR     114          

PURPOSES OF THIS SECTION, THE DATE ON WHICH AN ORDER IS SERVED IS  115          

THE DATE OF HAND DELIVERY OF THE ORDER OR THE DATE OF DELIVERY OF  116          

THE ORDER BY CERTIFIED UNITED STATES MAIL, WHICHEVER OCCURS        117          

FIRST.  IF such an appeal is filed, the board or commission shall  119          

forthwith notify the appointing authority and shall hear, or       120          

appoint a trial board to hear, such appeal within thirty days      121          

from and after its filing with the board or commission, and it                  

may affirm, disaffirm, or modify the judgment of the appointing    122          

authority.                                                                      

      In cases of removal or reduction in pay for disciplinary     124          

reasons, either the appointing authority or the officer or         125          

employee may appeal from the decision of the state personnel       126          

                                                          4      

                                                                 
board of review or the commission to the court of common pleas of  127          

the county in which the employee resides in accordance with the    128          

procedure provided by section 119.12 of the Revised Code.          129          

      (C)  In the case of the suspension for any period of time,   131          

or demotion, or removal of a chief of police or a chief of a fire  132          

department or any member of the police or fire department of a     133          

city or civil service township, the appointing authority shall     134          

furnish such chief or member of a department with a copy of the    135          

order of suspension, demotion, or removal, which order shall       136          

state the reasons therefor.  Such order shall be filed with the    137          

municipal or civil service township civil service commission.      138          

Within ten days following the filing of such order such chief or   139          

member of a department may file an appeal, in writing, with the    140          

municipal or civil service township civil service commission.  In  141          

the event IF such an appeal is filed, the commission shall         142          

forthwith notify the appointing authority and shall hear, or       143          

appoint a trial board to hear, such appeal within thirty days      144          

from and after its filing with the commission, and it may affirm,  145          

disaffirm, or modify the judgment of the appointing authority.     146          

An appeal on questions of law and fact may be had from the         147          

decision of the municipal or civil service township civil service  148          

commission to the court of common pleas in the county in which     149          

such city or civil service township is situated.  Such appeal      150          

shall be taken within thirty days from the finding of the          151          

commission.                                                        152          

      (D)  A violation of division (A)(7) of section 2907.03 of    154          

the Revised Code is grounds for termination of employment of a     155          

nonteaching employee under this section.                           156          

      Sec. 2313.12.  (A)  The exemptions of jurors shall be such   165          

as are prescribed by sections 2313.01 to 2313.46, inclusive, of    166          

the Revised Code, and the general statutes of the state.  The      167          

commissioners of jurors alone shall decide upon their JURORS'      168          

qualifications and exemptions up until the time of notice for      169          

service, except as otherwise expressly provided in such            170          

                                                          5      

                                                                 
sections;, but the court may review and decide upon their          172          

qualifications and exemptions upon a written application and       173          

satisfactory legal proof at any time after they are notified and   174          

attend.  The commissioners, upon request, shall issue to a person               

entitled to an exemption a certificate of that fact, which shall   175          

exempt the person to whom it is granted from jury duty during the  176          

time specified therein.  Said THE commissioners shall keep a       177          

record of all proceedings before them or in their office, and of   179          

all persons exempted and the time and reasons for such                          

exemptions.                                                        180          

      (B)  EACH JUROR SELECTED FOR COMMON PLEAS, MUNICIPAL, OR     182          

PROBATE COURT SERVICE OR FOR GRAND JURY SERVICE SHALL SIGN A       183          

STATEMENT FOR THE COMMISSIONERS OF JURORS AND, IF NECESSARY, FOR   184          

THE COURT AFFIRMING THAT THE JUROR IS NOT DISQUALIFIED FROM        185          

SERVICE BECAUSE OF SECTION 2961.01 OF THE REVISED CODE.            186          

      Section 2.  That existing sections 124.34 and 2313.12 of     188          

the Revised Code are hereby repealed.                              189