As Reported by the House State Government Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 348 5
1997-1998 6
REPRESENTATIVES SCHUCK-TAYLOR-SCHULER-GRENDELL-CORBIN-WILLIAMS- 8
GARCIA-THOMAS-WACHTMANN 9
11
A B I L L
To amend sections 124.34 and 4117.10 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, and to specify the 23
date when a disciplinary order is served upon a 25
classified employee. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 124.34 and 4117.10 of the Revised 30
Code be amended to read as follows: 31
Sec. 124.34. (A) The tenure of every officer or employee 41
in the classified service of the state and the counties, civil 42
service townships, cities, city health districts, general health 43
districts, and city school districts thereof, holding a position 44
under this chapter of the Revised Code, shall be during good 45
behavior and efficient service and no. NO such officer or 47
employee shall be reduced in pay or position, suspended, or
removed, except as provided in section 124.32 of the Revised 48
Code, and for incompetency, inefficiency, dishonesty, 49
drunkenness, immoral conduct, insubordination, discourteous 50
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treatment of the public, neglect of duty, violation of such 51
sections or the rules of the director of administrative services 52
or the commission, or any other failure of good behavior, or any 53
other acts of misfeasance, malfeasance, or nonfeasance in office, 54
OR CONVICTION OF A FELONY. A finding by the appropriate ethics 56
commission, based upon a preponderance of the evidence, that the 57
facts alleged in a complaint under section 102.06 of the Revised 59
Code constitute a violation of Chapter 102., section 2921.42, or 60
section 2921.43 of the Revised Code may constitute grounds for 61
dismissal. Failure to file a statement or falsely filing a 62
statement required by section 102.02 of the Revised Code may also 63
constitute grounds for dismissal.
CONVICTION OF A FELONY IS A SEPARATE BASIS FOR REDUCING IN 65
PAY OR POSITION, SUSPENDING, OR REMOVING AN OFFICER OR EMPLOYEE, 66
EVEN IF THE OFFICER OR EMPLOYEE HAS ALREADY BEEN REDUCED IN PAY 67
OR POSITION, SUSPENDED, OR REMOVED FOR THE SAME CONDUCT THAT IS 68
THE BASIS OF THE FELONY. AN OFFICER OR EMPLOYEE MAY NOT APPEAL 69
TO THE STATE PERSONNEL BOARD OF REVIEW OR THE COMMISSION ANY 70
DISCIPLINARY ACTION TAKEN BY AN APPOINTING AUTHORITY AS A RESULT 71
OF THE OFFICER'S OR EMPLOYEE'S CONVICTION OF A FELONY. IF AN 72
OFFICER OR EMPLOYEE REMOVED UNDER THIS SECTION IS REINSTATED AS A 73
RESULT OF AN APPEAL OF THE REMOVAL, ANY CONVICTION OF A FELONY
THAT OCCURS DURING THE PENDENCY OF THE APPEAL IS A BASIS FOR 74
FURTHER DISCIPLINARY ACTION UNDER THIS SECTION UPON THE OFFICER'S 75
OR EMPLOYEE'S REINSTATEMENT. 76
A PERSON CONVICTED OF A FELONY IMMEDIATELY FORFEITS ANY 78
RIGHTS TO TENURE IN ANY STATE EMPLOYMENT ON AND AFTER THE DATE OF 79
CONVICTION FOR THE FELONY. IF AN OFFICER OR EMPLOYEE IS REMOVED 80
UNDER THIS SECTION AS A RESULT OF BEING CONVICTED OF A FELONY OR 81
IS SUBSEQUENTLY CONVICTED OF A FELONY THAT INVOLVES THE SAME 82
CONDUCT THAT WAS THE BASIS FOR THE REMOVAL, THE OFFICER OR 83
EMPLOYEE IS BARRED FROM RECEIVING ANY COMPENSATION AFTER THE 84
REMOVAL NOTWITHSTANDING ANY MODIFICATION OR DISAFFIRMANCE OF THE 85
REMOVAL, UNLESS THE CONVICTION FOR THE FELONY IS SUBSEQUENTLY 86
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REVERSED OR ANNULLED. 87
AS USED IN THIS DIVISION, "FELONY" MEANS ANY OF THE 89
FOLLOWING:
(1) A FELONY THAT IS AN OFFENSE OF VIOLENCE AS DEFINED IN 91
SECTION 2901.01 OF THE REVISED CODE; 92
(2) A FELONY THAT IS A FELONY DRUG ABUSE OFFENSE AS 94
DEFINED IN SECTION 2925.01 OF THE REVISED CODE; 95
(3) A FELONY UNDER THE LAWS OF THIS OR ANY OTHER STATE OR 97
THE UNITED STATES THAT IS A CRIME OF MORAL TURPITUDE. 98
(B) In any case of reduction, suspension of more than 100
three working days, or removal, the appointing authority shall 101
furnish SERVE such employee with a copy of the order of 102
reduction, suspension, or removal, which order shall state the 103
reasons therefor. Such order shall be filed with the director of 104
administrative services and state personnel board of review, or 105
the commission, as may be appropriate. 106
Within ten days following the filing of DATE ON WHICH such 108
order IS SERVED, the employee, EXCEPT AS OTHERWISE PROVIDED IN 109
THIS SECTION, may file an appeal, in writing, with the state 111
personnel board of review or the commission. In the event FOR 112
PURPOSES OF THIS SECTION, THE DATE ON WHICH AN ORDER IS SERVED IS 113
THE DATE OF HAND DELIVERY OF THE ORDER OR THE DATE OF DELIVERY OF 114
THE ORDER BY CERTIFIED UNITED STATES MAIL, WHICHEVER OCCURS 115
FIRST. IF such an appeal is filed, the board or commission shall 117
forthwith notify the appointing authority and shall hear, or 118
appoint a trial board to hear, such appeal within thirty days 119
from and after its filing with the board or commission, and it
may affirm, disaffirm, or modify the judgment of the appointing 120
authority.
In cases of removal or reduction in pay for disciplinary 122
reasons, either the appointing authority or the officer or 123
employee may appeal from the decision of the state personnel 124
board of review or the commission to the court of common pleas of 125
the county in which the employee resides in accordance with the 126
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procedure provided by section 119.12 of the Revised Code. 127
(C) In the case of the suspension for any period of time, 129
or demotion, or removal of a chief of police or a chief of a fire 130
department or any member of the police or fire department of a 131
city or civil service township, the appointing authority shall 132
furnish such chief or member of a department with a copy of the 133
order of suspension, demotion, or removal, which order shall 134
state the reasons therefor. Such order shall be filed with the 135
municipal or civil service township civil service commission. 136
Within ten days following the filing of such order such chief or 137
member of a department may file an appeal, in writing, with the 138
municipal or civil service township civil service commission. In 139
the event IF such an appeal is filed, the commission shall 140
forthwith notify the appointing authority and shall hear, or 141
appoint a trial board to hear, such appeal within thirty days 142
from and after its filing with the commission, and it may affirm, 143
disaffirm, or modify the judgment of the appointing authority. 144
An appeal on questions of law and fact may be had from the 145
decision of the municipal or civil service township civil service 146
commission to the court of common pleas in the county in which 147
such city or civil service township is situated. Such appeal 148
shall be taken within thirty days from the finding of the 149
commission. 150
(D) A violation of division (A)(7) of section 2907.03 of 152
the Revised Code is grounds for termination of employment of a 153
nonteaching employee under this section. 154
Sec. 4117.10. (A) An agreement between a public employer 163
and an exclusive representative entered into pursuant to this 164
chapter governs the wages, hours, and terms and conditions of 165
public employment covered by the agreement. If the agreement 166
provides for a final and binding arbitration of grievances, 167
public employers, employees, and employee organizations are 168
subject solely to that grievance procedure and the state 169
personnel board of review or civil service commissions have no 170
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jurisdiction to receive and determine any appeals relating to 171
matters that were the subject of a final and binding grievance 172
procedure. Where no agreement exists or where an agreement makes 173
no specification about a matter, the public employer and public 174
employees are subject to all applicable state or local laws or 175
ordinances pertaining to the wages, hours, and terms and 176
conditions of employment for public employees. Laws pertaining 177
to civil rights, affirmative action, unemployment compensation, 178
workers' compensation, the retirement of public employees, and 179
residency requirements, the minimum educational requirements 180
contained in the Revised Code pertaining to public education 181
including the requirement of a certificate by the fiscal officer 182
of a school district pursuant to section 5705.41 of the Revised 183
Code, THE PROVISIONS OF DIVISION (A) OF SECTION 124.34 OF THE 184
REVISED CODE GOVERNING THE DISCIPLINING OF OFFICERS AND EMPLOYEES 185
WHO HAVE BEEN CONVICTED OF A FELONY, and the minimum standards 186
promulgated by the state board of education pursuant to division 188
(D) of section 3301.07 of the Revised Code prevail over 189
conflicting provisions of agreements between employee 190
organizations and public employers. The law pertaining to the 191
leave of absence and compensation provided under section 5923.05 192
of the Revised Code prevails over any conflicting provisions of 193
such agreements if the terms of the agreement contain benefits 194
which are less than those contained in that section or the 195
agreement contains no such terms and the public authority is the 196
state or any agency, authority, commission, or board of the state 197
or if the public authority is another entity listed in division 198
(B) of section 4117.01 of the Revised Code that elects to provide 199
leave of absence and compensation as provided in section 5923.05 200
of the Revised Code. Except for sections 306.08, 306.12, 306.35, 201
and 4981.22 of the Revised Code and arrangements entered into 202
thereunder, and section 4981.21 of the Revised Code as necessary 203
to comply with section 13(c) of the "Urban Mass Transportation 204
Act of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as amended, and 205
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arrangements entered into thereunder, this chapter prevails over 206
any and all other conflicting laws, resolutions, provisions, 207
present or future, except as otherwise specified in this chapter 208
or as otherwise specified by the general assembly. Nothing in 209
this section prohibits or shall be construed to invalidate the 210
provisions of an agreement establishing supplemental workers' 211
compensation or unemployment compensation benefits or exceeding 212
minimum requirements contained in the Revised Code pertaining to 213
public education or the minimum standards promulgated by the 214
state board of education pursuant to division (D) of section 215
3301.07 of the Revised Code. 216
(B) The public employer shall submit a request for funds 218
necessary to implement an agreement and for approval of any other 219
matter requiring the approval of the appropriate legislative body 220
to the legislative body within fourteen days of the date on which 221
the parties finalize the agreement, unless otherwise specified, 222
but if the appropriate legislative body is not in session at the 223
time, then within fourteen days after it convenes. The 224
legislative body must approve or reject the submission as a 225
whole, and the submission is deemed approved if the legislative 226
body fails to act within thirty days after the public employer 227
submits the agreement. The parties may specify that those 228
provisions of the agreement not requiring action by a legislative 229
body are effective and operative in accordance with the terms of 230
the agreement, provided there has been compliance with division 231
(C) of this section. If the legislative body rejects the 232
submission of the public employer, either party may reopen all or 233
part of the entire agreement. 234
As used in this section, "legislative body" includes the 236
general assembly, the governing board of a municipal corporation, 237
school district, college or university, village, township, or 238
board of county commissioners or any other body that has 239
authority to approve the budget of their public jurisdiction. 240
(C) The chief executive officer, or his THE CHIEF 242
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EXECUTIVE OFFICER'S representative, of each municipal 244
corporation, the designated representative of the board of 245
education of each school district, college or university, or any 246
other body that has authority to approve the budget of their 247
public jurisdiction, the designated representative of the board 248
of county commissioners and of each elected officeholder of the 249
county whose employees are covered by the collective 250
negotiations, and the designated representative of the village or 251
the board of township trustees of each township is responsible 252
for negotiations in the collective bargaining process; except 253
that the legislative body may accept or reject a proposed 254
collective bargaining agreement. When the matters about which 255
there is agreement are reduced to writing and approved by the 256
employee organization and the legislative body, the agreement is 257
binding upon the legislative body, the employer, and the employee 258
organization and employees covered by the agreement.
(D) There is hereby established an office of collective 260
bargaining in the department of administrative services for the 261
purpose of negotiating with and entering into written agreements 262
between state agencies, departments, boards, and commissions and 263
the exclusive representative on matters of wages, hours, terms 264
and other conditions of employment and the continuation, 265
modification, or deletion of an existing provision of a 266
collective bargaining agreement. Nothing in any provision of law 267
to the contrary shall be interpreted as excluding the bureau of 268
workers' compensation and the industrial commission from the 269
preceding sentence. This office shall not negotiate on behalf of 270
other statewide elected officials or boards of trustees of state 271
institutions of higher education who shall be considered as 272
separate public employers for the purposes of this chapter; 273
however, the office may negotiate on behalf of these officials or 274
trustees where authorized by the officials or trustees. The 275
staff of the office of collective bargaining are in the 276
unclassified service. The director of administrative services 277
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shall fix the compensation of the staff. 278
The office of collective bargaining shall: 280
(1) Assist the director in formulating management's 282
philosophy for public collective bargaining as well as planning 283
bargaining strategies; 284
(2) Conduct negotiations with the exclusive 286
representatives of each employee organization; 287
(3) Coordinate the state's resources in all mediation, 289
fact-finding, and arbitration cases as well as in all labor 290
disputes; 291
(4) Conduct systematic reviews of collective bargaining 293
agreements for the purpose of contract negotiations; 294
(5) Coordinate the systematic compilation of data by all 296
agencies that is required for negotiating purposes; 297
(6) Prepare and submit an annual report and other reports 299
as requested to the governor and the general assembly on the 300
implementation of this chapter and its impact upon state 301
government. 302
Section 2. That existing sections 124.34 and 4117.10 of 304
the Revised Code are hereby repealed. 305