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           


                                                                   12           

                           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           

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
      (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          

                                                          8      

                                                                 
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