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
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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
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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
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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
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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