As Passed by the House 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-BRADING-WINKLER-CLANCY-TERWILLEGER- 9
O'BRIEN-VESPER-THOMPSON 10
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A B I L L
To amend sections 124.34 and 4117.10 of the Revised 13
Code to make conviction of certain felonies a 14
separate basis for disciplining a classified 15
employee, to prohibit appeals to the State 17
Personnel Board of Review or a local civil 18
service commission if the subject of the appeal 19
is a classified employee's discipline for 21
conviction of certain felonies, to deprive a 22
person convicted of certain felonies of tenure 23
rights to state employment, and to specify the 24
date when a disciplinary order is served upon a 26
classified employee. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 124.34 and 4117.10 of the Revised 31
Code be amended to read as follows: 32
Sec. 124.34. (A) The tenure of every officer or employee 42
in the classified service of the state and the counties, civil 43
service townships, cities, city health districts, general health 44
districts, and city school districts thereof, holding a position 45
under this chapter of the Revised Code, shall be during good 46
behavior and efficient service and no. NO such officer or 48
employee shall be reduced in pay or position, suspended, or
removed, except as provided in section 124.32 of the Revised 49
Code, and for incompetency, inefficiency, dishonesty, 50
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drunkenness, immoral conduct, insubordination, discourteous 51
treatment of the public, neglect of duty, violation of such 52
sections or the rules of the director of administrative services 53
or the commission, or any other failure of good behavior, or any 54
other acts of misfeasance, malfeasance, or nonfeasance in office, 55
OR CONVICTION OF A FELONY. A finding by the appropriate ethics 57
commission, based upon a preponderance of the evidence, that the 58
facts alleged in a complaint under section 102.06 of the Revised 60
Code constitute a violation of Chapter 102., section 2921.42, or 61
section 2921.43 of the Revised Code may constitute grounds for 62
dismissal. Failure to file a statement or falsely filing a 63
statement required by section 102.02 of the Revised Code may also 64
constitute grounds for dismissal.
CONVICTION OF A FELONY IS A SEPARATE BASIS FOR REDUCING IN 66
PAY OR POSITION, SUSPENDING, OR REMOVING AN OFFICER OR EMPLOYEE, 67
EVEN IF THE OFFICER OR EMPLOYEE HAS ALREADY BEEN REDUCED IN PAY 68
OR POSITION, SUSPENDED, OR REMOVED FOR THE SAME CONDUCT THAT IS 69
THE BASIS OF THE FELONY. AN OFFICER OR EMPLOYEE MAY NOT APPEAL 70
TO THE STATE PERSONNEL BOARD OF REVIEW OR THE COMMISSION ANY 71
DISCIPLINARY ACTION TAKEN BY AN APPOINTING AUTHORITY AS A RESULT 72
OF THE OFFICER'S OR EMPLOYEE'S CONVICTION OF A FELONY. IF AN 73
OFFICER OR EMPLOYEE REMOVED UNDER THIS SECTION IS REINSTATED AS A 74
RESULT OF AN APPEAL OF THE REMOVAL, ANY CONVICTION OF A FELONY
THAT OCCURS DURING THE PENDENCY OF THE APPEAL IS A BASIS FOR 75
FURTHER DISCIPLINARY ACTION UNDER THIS SECTION UPON THE OFFICER'S 76
OR EMPLOYEE'S REINSTATEMENT. 77
A PERSON CONVICTED OF A FELONY IMMEDIATELY FORFEITS ANY 79
RIGHTS TO TENURE IN ANY STATE EMPLOYMENT ON AND AFTER THE DATE OF 80
CONVICTION FOR THE FELONY. IF AN OFFICER OR EMPLOYEE IS REMOVED 81
UNDER THIS SECTION AS A RESULT OF BEING CONVICTED OF A FELONY OR 82
IS SUBSEQUENTLY CONVICTED OF A FELONY THAT INVOLVES THE SAME 83
CONDUCT THAT WAS THE BASIS FOR THE REMOVAL, THE OFFICER OR 84
EMPLOYEE IS BARRED FROM RECEIVING ANY COMPENSATION AFTER THE 85
REMOVAL NOTWITHSTANDING ANY MODIFICATION OR DISAFFIRMANCE OF THE 86
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REMOVAL, UNLESS THE CONVICTION FOR THE FELONY IS SUBSEQUENTLY 87
REVERSED OR ANNULLED. 88
AS USED IN THIS DIVISION, "FELONY" MEANS ANY OF THE 90
FOLLOWING:
(1) A FELONY THAT IS AN OFFENSE OF VIOLENCE AS DEFINED IN 92
SECTION 2901.01 OF THE REVISED CODE; 93
(2) A FELONY THAT IS A FELONY DRUG ABUSE OFFENSE AS 95
DEFINED IN SECTION 2925.01 OF THE REVISED CODE; 96
(3) A FELONY UNDER THE LAWS OF THIS OR ANY OTHER STATE OR 98
THE UNITED STATES THAT IS A CRIME OF MORAL TURPITUDE. 99
(B) In any case of reduction, suspension of more than 101
three working days, or removal, the appointing authority shall 102
furnish SERVE such employee with a copy of the order of 103
reduction, suspension, or removal, which order shall state the 104
reasons therefor. Such order shall be filed with the director of 105
administrative services and state personnel board of review, or 106
the commission, as may be appropriate. 107
Within ten days following the filing of DATE ON WHICH such 109
order IS SERVED, the employee, EXCEPT AS OTHERWISE PROVIDED IN 110
THIS SECTION, may file an appeal, in writing, with the state 112
personnel board of review or the commission. In the event FOR 113
PURPOSES OF THIS SECTION, THE DATE ON WHICH AN ORDER IS SERVED IS 114
THE DATE OF HAND DELIVERY OF THE ORDER OR THE DATE OF DELIVERY OF 115
THE ORDER BY CERTIFIED UNITED STATES MAIL, WHICHEVER OCCURS 116
FIRST. IF such an appeal is filed, the board or commission shall 118
forthwith notify the appointing authority and shall hear, or 119
appoint a trial board to hear, such appeal within thirty days 120
from and after its filing with the board or commission, and it
may affirm, disaffirm, or modify the judgment of the appointing 121
authority.
In cases of removal or reduction in pay for disciplinary 123
reasons, either the appointing authority or the officer or 124
employee may appeal from the decision of the state personnel 125
board of review or the commission to the court of common pleas of 126
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the county in which the employee resides in accordance with the 127
procedure provided by section 119.12 of the Revised Code. 128
(C) In the case of the suspension for any period of time, 130
or demotion, or removal of a chief of police or a chief of a fire 131
department or any member of the police or fire department of a 132
city or civil service township, the appointing authority shall 133
furnish such chief or member of a department with a copy of the 134
order of suspension, demotion, or removal, which order shall 135
state the reasons therefor. Such order shall be filed with the 136
municipal or civil service township civil service commission. 137
Within ten days following the filing of such order such chief or 138
member of a department may file an appeal, in writing, with the 139
municipal or civil service township civil service commission. In 140
the event IF such an appeal is filed, the commission shall 141
forthwith notify the appointing authority and shall hear, or 142
appoint a trial board to hear, such appeal within thirty days 143
from and after its filing with the commission, and it may affirm, 144
disaffirm, or modify the judgment of the appointing authority. 145
An appeal on questions of law and fact may be had from the 146
decision of the municipal or civil service township civil service 147
commission to the court of common pleas in the county in which 148
such city or civil service township is situated. Such appeal 149
shall be taken within thirty days from the finding of the 150
commission. 151
(D) A violation of division (A)(7) of section 2907.03 of 153
the Revised Code is grounds for termination of employment of a 154
nonteaching employee under this section. 155
Sec. 4117.10. (A) An agreement between a public employer 164
and an exclusive representative entered into pursuant to this 165
chapter governs the wages, hours, and terms and conditions of 166
public employment covered by the agreement. If the agreement 167
provides for a final and binding arbitration of grievances, 168
public employers, employees, and employee organizations are 169
subject solely to that grievance procedure and the state 170
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personnel board of review or civil service commissions have no 171
jurisdiction to receive and determine any appeals relating to 172
matters that were the subject of a final and binding grievance 173
procedure. Where no agreement exists or where an agreement makes 174
no specification about a matter, the public employer and public 175
employees are subject to all applicable state or local laws or 176
ordinances pertaining to the wages, hours, and terms and 177
conditions of employment for public employees. Laws pertaining 178
to civil rights, affirmative action, unemployment compensation, 179
workers' compensation, the retirement of public employees, and 180
residency requirements, the minimum educational requirements 181
contained in the Revised Code pertaining to public education 182
including the requirement of a certificate by the fiscal officer 183
of a school district pursuant to section 5705.41 of the Revised 184
Code, THE PROVISIONS OF DIVISION (A) OF SECTION 124.34 OF THE 185
REVISED CODE GOVERNING THE DISCIPLINING OF OFFICERS AND EMPLOYEES 186
WHO HAVE BEEN CONVICTED OF A FELONY, and the minimum standards 187
promulgated by the state board of education pursuant to division 189
(D) of section 3301.07 of the Revised Code prevail over 190
conflicting provisions of agreements between employee 191
organizations and public employers. The law pertaining to the 192
leave of absence and compensation provided under section 5923.05 193
of the Revised Code prevails over any conflicting provisions of 194
such agreements if the terms of the agreement contain benefits 195
which are less than those contained in that section or the 196
agreement contains no such terms and the public authority is the 197
state or any agency, authority, commission, or board of the state 198
or if the public authority is another entity listed in division 199
(B) of section 4117.01 of the Revised Code that elects to provide 200
leave of absence and compensation as provided in section 5923.05 201
of the Revised Code. Except for sections 306.08, 306.12, 306.35, 202
and 4981.22 of the Revised Code and arrangements entered into 203
thereunder, and section 4981.21 of the Revised Code as necessary 204
to comply with section 13(c) of the "Urban Mass Transportation 205
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Act of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as amended, and 206
arrangements entered into thereunder, this chapter prevails over 207
any and all other conflicting laws, resolutions, provisions, 208
present or future, except as otherwise specified in this chapter 209
or as otherwise specified by the general assembly. Nothing in 210
this section prohibits or shall be construed to invalidate the 211
provisions of an agreement establishing supplemental workers' 212
compensation or unemployment compensation benefits or exceeding 213
minimum requirements contained in the Revised Code pertaining to 214
public education or the minimum standards promulgated by the 215
state board of education pursuant to division (D) of section 216
3301.07 of the Revised Code. 217
(B) The public employer shall submit a request for funds 219
necessary to implement an agreement and for approval of any other 220
matter requiring the approval of the appropriate legislative body 221
to the legislative body within fourteen days of the date on which 222
the parties finalize the agreement, unless otherwise specified, 223
but if the appropriate legislative body is not in session at the 224
time, then within fourteen days after it convenes. The 225
legislative body must approve or reject the submission as a 226
whole, and the submission is deemed approved if the legislative 227
body fails to act within thirty days after the public employer 228
submits the agreement. The parties may specify that those 229
provisions of the agreement not requiring action by a legislative 230
body are effective and operative in accordance with the terms of 231
the agreement, provided there has been compliance with division 232
(C) of this section. If the legislative body rejects the 233
submission of the public employer, either party may reopen all or 234
part of the entire agreement. 235
As used in this section, "legislative body" includes the 237
general assembly, the governing board of a municipal corporation, 238
school district, college or university, village, township, or 239
board of county commissioners or any other body that has 240
authority to approve the budget of their public jurisdiction. 241
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(C) The chief executive officer, or his THE CHIEF 243
EXECUTIVE OFFICER'S representative, of each municipal 245
corporation, the designated representative of the board of 246
education of each school district, college or university, or any 247
other body that has authority to approve the budget of their 248
public jurisdiction, the designated representative of the board 249
of county commissioners and of each elected officeholder of the 250
county whose employees are covered by the collective 251
negotiations, and the designated representative of the village or 252
the board of township trustees of each township is responsible 253
for negotiations in the collective bargaining process; except 254
that the legislative body may accept or reject a proposed 255
collective bargaining agreement. When the matters about which 256
there is agreement are reduced to writing and approved by the 257
employee organization and the legislative body, the agreement is 258
binding upon the legislative body, the employer, and the employee 259
organization and employees covered by the agreement.
(D) There is hereby established an office of collective 261
bargaining in the department of administrative services for the 262
purpose of negotiating with and entering into written agreements 263
between state agencies, departments, boards, and commissions and 264
the exclusive representative on matters of wages, hours, terms 265
and other conditions of employment and the continuation, 266
modification, or deletion of an existing provision of a 267
collective bargaining agreement. Nothing in any provision of law 268
to the contrary shall be interpreted as excluding the bureau of 269
workers' compensation and the industrial commission from the 270
preceding sentence. This office shall not negotiate on behalf of 271
other statewide elected officials or boards of trustees of state 272
institutions of higher education who shall be considered as 273
separate public employers for the purposes of this chapter; 274
however, the office may negotiate on behalf of these officials or 275
trustees where authorized by the officials or trustees. The 276
staff of the office of collective bargaining are in the 277
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unclassified service. The director of administrative services 278
shall fix the compensation of the staff. 279
The office of collective bargaining shall: 281
(1) Assist the director in formulating management's 283
philosophy for public collective bargaining as well as planning 284
bargaining strategies; 285
(2) Conduct negotiations with the exclusive 287
representatives of each employee organization; 288
(3) Coordinate the state's resources in all mediation, 290
fact-finding, and arbitration cases as well as in all labor 291
disputes; 292
(4) Conduct systematic reviews of collective bargaining 294
agreements for the purpose of contract negotiations; 295
(5) Coordinate the systematic compilation of data by all 297
agencies that is required for negotiating purposes; 298
(6) Prepare and submit an annual report and other reports 300
as requested to the governor and the general assembly on the 301
implementation of this chapter and its impact upon state 302
government. 303
Section 2. That existing sections 124.34 and 4117.10 of 305
the Revised Code are hereby repealed. 306