As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee                    2            

122nd General Assembly                                             5            

   Regular Session                        Am. Sub. H. B. No. 348   6            

      1997-1998                                                    7            


 REPRESENTATIVES SCHUCK-TAYLOR-SCHULER-GRENDELL-CORBIN-WILLIAMS-   9            

   GARCIA-THOMAS-WACHTMANN-BRADING-WINKLER-CLANCY-TERWILLEGER-     10           

        O'BRIEN-VESPER-THOMPSON-SENATORS SCHAFRATH-MUMPER          11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 124.34 and 4117.10 of the Revised   14           

                Code to make conviction of certain felonies a      15           

                separate basis for disciplining a classified       16           

                employee, to prohibit appeals to the State         18           

                Personnel Board of Review or a local civil         19           

                service commission if the subject of the appeal    20           

                is a classified employee's discipline for          22           

                conviction of certain felonies, to deprive a       23           

                person convicted of certain felonies of tenure     24           

                rights to public employment, and to specify the    25           

                date when a disciplinary order is served upon a    27           

                classified  employee.                              28           




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

      Section 1.  That sections 124.34 and 4117.10 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, fined in excess of                

five days' pay, suspended, or removed, except as provided in       51           

                                                          2      

                                                                 
section 124.32 of the Revised Code, and for incompetency,          52           

inefficiency, dishonesty, drunkenness, immoral conduct,            53           

insubordination, discourteous treatment of the public, neglect of  54           

duty, violation of such sections or the rules of the director of   55           

administrative services or the commission, or any other failure    56           

of good behavior, or any other acts of misfeasance, malfeasance,   57           

or nonfeasance in office, OR CONVICTION OF A FELONY.  A finding    59           

by the appropriate ethics commission, based upon a preponderance   60           

of the evidence, that the facts alleged in a complaint under       61           

section 102.06 of the Revised Code constitute a violation of       62           

Chapter 102., section 2921.42, or section 2921.43 of the Revised   63           

Code may constitute grounds for dismissal.  Failure to file a      64           

statement or falsely filing a statement required by section        65           

102.02 of the Revised Code may also constitute grounds for         66           

dismissal.                                                                      

      CONVICTION OF A FELONY IS A SEPARATE BASIS FOR REDUCING IN   68           

PAY OR POSITION, SUSPENDING, OR REMOVING AN OFFICER OR EMPLOYEE,   69           

EVEN IF THE OFFICER OR EMPLOYEE HAS ALREADY BEEN REDUCED IN PAY    70           

OR POSITION, SUSPENDED, OR REMOVED FOR THE SAME CONDUCT THAT IS    71           

THE BASIS OF THE FELONY.  AN OFFICER OR EMPLOYEE MAY NOT APPEAL    72           

TO THE STATE PERSONNEL BOARD OF REVIEW OR THE COMMISSION ANY       73           

DISCIPLINARY ACTION TAKEN BY AN APPOINTING AUTHORITY AS A RESULT   74           

OF THE OFFICER'S OR EMPLOYEE'S CONVICTION OF A FELONY.  IF AN      75           

OFFICER OR EMPLOYEE REMOVED UNDER THIS SECTION IS REINSTATED AS A  76           

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

THAT OCCURS DURING THE PENDENCY OF THE APPEAL IS A BASIS FOR       77           

FURTHER DISCIPLINARY ACTION UNDER THIS SECTION UPON THE OFFICER'S  78           

OR EMPLOYEE'S REINSTATEMENT.                                       79           

      A PERSON CONVICTED OF A FELONY IMMEDIATELY FORFEITS ANY      81           

RIGHTS TO TENURE IN ANY PUBLIC EMPLOYMENT ON AND AFTER THE DATE    82           

OF CONVICTION FOR THE FELONY.  IF AN OFFICER OR EMPLOYEE IS        83           

REMOVED UNDER THIS SECTION AS A RESULT OF BEING CONVICTED OF A     84           

FELONY OR IS SUBSEQUENTLY CONVICTED OF A FELONY THAT INVOLVES THE  85           

SAME CONDUCT THAT WAS THE BASIS FOR THE REMOVAL, THE OFFICER OR    86           

                                                          3      

                                                                 
EMPLOYEE IS BARRED FROM RECEIVING ANY COMPENSATION AFTER THE       87           

REMOVAL NOTWITHSTANDING ANY MODIFICATION OR DISAFFIRMANCE OF THE   88           

REMOVAL, UNLESS THE CONVICTION FOR THE FELONY IS SUBSEQUENTLY      89           

REVERSED OR ANNULLED.                                              90           

      AS USED IN THIS DIVISION, "FELONY" MEANS ANY OF THE          92           

FOLLOWING:                                                                      

      (1)  A FELONY THAT IS AN OFFENSE OF VIOLENCE AS DEFINED IN   94           

SECTION 2901.01 OF THE REVISED CODE;                               95           

      (2)  A FELONY THAT IS A FELONY DRUG ABUSE OFFENSE AS         97           

DEFINED IN SECTION 2925.01 OF THE REVISED CODE;                    98           

      (3)  A FELONY UNDER THE LAWS OF THIS OR ANY OTHER STATE OR   100          

THE UNITED STATES THAT IS A CRIME OF MORAL TURPITUDE;              101          

      (4)  A FELONY INVOLVING DISHONESTY, FRAUD, OR THEFT;         103          

      (5)  A FELONY THAT IS A VIOLATION OF SECTION 2921.05,        105          

2921.32, OR 2921.42 OF THE REVISED CODE.                           106          

      (B)  In any case of a fine, reduction, suspension of more    108          

than three working days, or removal, the appointing authority      109          

shall furnish SERVE such employee with a copy of the order of      110          

reduction, suspension, or removal, which order shall state the     111          

reasons therefor.  Such order shall be filed with the director of  112          

administrative services and state personnel board of review, or    113          

the commission, as may be appropriate.                             114          

      Within ten days following the filing of DATE ON WHICH such   116          

order IS SERVED, the employee, EXCEPT AS OTHERWISE PROVIDED IN     117          

THIS SECTION, may file an appeal, in writing, with the state       119          

personnel board of review or the commission.  In the event FOR     120          

PURPOSES OF THIS SECTION, THE DATE ON WHICH AN ORDER IS SERVED IS  121          

THE DATE OF HAND DELIVERY OF THE ORDER OR THE DATE OF DELIVERY OF  122          

THE ORDER BY CERTIFIED UNITED STATES MAIL, WHICHEVER OCCURS        123          

FIRST.  IF such an appeal is filed, the board or commission shall  125          

forthwith notify the appointing authority and shall hear, or       126          

appoint a trial board to hear, such appeal within thirty days      127          

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

may affirm, disaffirm, or modify the judgment of the appointing    128          

                                                          4      

                                                                 
authority.                                                                      

      In cases of removal or reduction in pay for disciplinary     130          

reasons, either the appointing authority or the officer or         131          

employee may appeal from the decision of the state personnel       132          

board of review or the commission to the court of common pleas of  133          

the county in which the employee resides in accordance with the    134          

procedure provided by section 119.12 of the Revised Code.          135          

      (C)  In the case of the suspension for any period of time,   137          

or a fine, demotion, or removal of a chief of police or a chief    138          

of a fire department or any member of the police or fire           139          

department of a city or civil service township, the appointing     140          

authority shall furnish such chief or member of a department with  141          

a copy of the order of suspension, demotion, or removal, which     142          

order shall state the reasons therefor.  Such order shall be       143          

filed with the municipal or civil service township civil service   144          

commission. Within ten days following the filing of such order     145          

such chief or member of a department may file an appeal, in        146          

writing, with the municipal or civil service township civil        147          

service commission.  In the event IF such an appeal is filed, the  148          

commission shall forthwith notify the appointing authority and     149          

shall hear, or appoint a trial board to hear, such appeal within   150          

thirty days from and after its filing with the commission, and it  151          

may affirm, disaffirm, or modify the judgment of the appointing    152          

authority.  An appeal on questions of law and fact may be had      153          

from the decision of the municipal or civil service township       154          

civil service commission to the court of common pleas in the       155          

county in which such city or civil service township is situated.   156          

Such appeal shall be taken within thirty days from the finding of  157          

the commission.                                                    158          

      (D)  A violation of division (A)(7) of section 2907.03 of    160          

the Revised Code is grounds for termination of employment of a     161          

nonteaching employee under this section.                           162          

      Sec. 4117.10.  (A)  An agreement between a public employer   171          

and an exclusive representative entered into pursuant to this      172          

                                                          5      

                                                                 
chapter governs the wages, hours, and terms and conditions of      173          

public employment covered by the agreement.  If the agreement      174          

provides for a final and binding arbitration of grievances,        175          

public employers, employees, and employee organizations are        176          

subject solely to that grievance procedure and the state           177          

personnel board of review or civil service commissions have no     178          

jurisdiction to receive and determine any appeals relating to      179          

matters that were the subject of a final and binding grievance     180          

procedure.  Where no agreement exists or where an agreement makes  181          

no specification about a matter, the public employer and public    182          

employees are subject to all applicable state or local laws or     183          

ordinances pertaining to the wages, hours, and terms and           184          

conditions of employment for public employees.  Laws pertaining    185          

to civil rights, affirmative action, unemployment compensation,    186          

workers' compensation, the retirement of public employees, and     187          

residency requirements, the minimum educational requirements       188          

contained in the Revised Code pertaining to public education       189          

including the requirement of a certificate by the fiscal officer   190          

of a school district pursuant to section 5705.41 of the Revised    191          

Code, THE PROVISIONS OF DIVISION (A) OF SECTION 124.34 OF THE      192          

REVISED CODE GOVERNING THE DISCIPLINING OF OFFICERS AND EMPLOYEES  193          

WHO HAVE BEEN CONVICTED OF A FELONY, and the minimum standards     194          

promulgated by the state board of education pursuant to division   196          

(D) of section 3301.07 of the Revised Code prevail over            197          

conflicting provisions of agreements between employee              198          

organizations and public employers.  The law pertaining to the     199          

leave of absence and compensation provided under section 5923.05   200          

of the Revised Code prevails over any conflicting provisions of    201          

such agreements if the terms of the agreement contain benefits     202          

which are less than those contained in that section or the         203          

agreement contains no such terms and the public authority is the   204          

state or any agency, authority, commission, or board of the state  205          

or if the public authority is another entity listed in division    206          

(B) of section 4117.01 of the Revised Code that elects to provide  207          

                                                          6      

                                                                 
leave of absence and compensation as provided in section 5923.05   208          

of the Revised Code. Except for sections 306.08, 306.12, 306.35,   209          

and 4981.22 of the Revised Code and arrangements entered into      210          

thereunder, and section 4981.21 of the Revised Code as necessary   211          

to comply with section 13(c) of the "Urban Mass Transportation     212          

Act of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as amended, and   213          

arrangements entered into thereunder, this chapter prevails over   214          

any and all other conflicting laws, resolutions, provisions,       215          

present or future, except as otherwise specified in this chapter   216          

or as otherwise specified by the general assembly.  Nothing in     217          

this section prohibits or shall be construed to invalidate the     218          

provisions of an agreement establishing supplemental workers'      219          

compensation or unemployment compensation benefits or exceeding    220          

minimum requirements contained in the Revised Code pertaining to   221          

public education or the minimum standards promulgated by the       222          

state board of education pursuant to division (D) of section       223          

3301.07 of the Revised Code.                                       224          

      (B)  The public employer shall submit a request for funds    226          

necessary to implement an agreement and for approval of any other  227          

matter requiring the approval of the appropriate legislative body  228          

to the legislative body within fourteen days of the date on which  229          

the parties finalize the agreement, unless otherwise specified,    230          

but if the appropriate legislative body is not in session at the   231          

time, then within fourteen days after it convenes.  The            232          

legislative body must approve or reject the submission as a        233          

whole, and the submission is deemed approved if the legislative    234          

body fails to act within thirty days after the public employer     235          

submits the agreement.  The parties may specify that those         236          

provisions of the agreement not requiring action by a legislative  237          

body are effective and operative in accordance with the terms of   238          

the agreement, provided there has been compliance with division    239          

(C) of this section.  If the legislative body rejects the          240          

submission of the public employer, either party may reopen all or  241          

part of the entire agreement.                                      242          

                                                          7      

                                                                 
      As used in this section, "legislative body" includes the     244          

general assembly, the governing board of a municipal corporation,  245          

school district, college or university, village, township, or      246          

board of county commissioners or any other body that has           247          

authority to approve the budget of their public jurisdiction.      248          

      (C)  The chief executive officer, or his THE CHIEF           250          

EXECUTIVE OFFICER'S representative, of each municipal              252          

corporation, the designated representative of the board of         253          

education of each school district, college or university, or any   254          

other body that has authority to approve the budget of their       255          

public jurisdiction, the designated representative of the board    256          

of county commissioners and of each elected officeholder of the    257          

county whose employees are covered by the collective               258          

negotiations, and the designated representative of the village or  259          

the board of township trustees of each township is responsible     260          

for negotiations in the collective bargaining process; except      261          

that the legislative body may accept or reject a proposed          262          

collective bargaining agreement.  When the matters about which     263          

there is agreement are reduced to writing and approved by the      264          

employee organization and the legislative body, the agreement is   265          

binding upon the legislative body, the employer, and the employee  266          

organization and employees covered by the agreement.                            

      (D)  There is hereby established an office of collective     268          

bargaining in the department of administrative services for the    269          

purpose of negotiating with and entering into written agreements   270          

between state agencies, departments, boards, and commissions and   271          

the exclusive representative on matters of wages, hours, terms     272          

and other conditions of employment and the continuation,           273          

modification, or deletion of an existing provision of a            274          

collective bargaining agreement.  Nothing in any provision of law  275          

to the contrary shall be interpreted as excluding the bureau of    276          

workers' compensation and the industrial commission from the       277          

preceding sentence.  This office shall not negotiate on behalf of  278          

other statewide elected officials or boards of trustees of state   279          

                                                          8      

                                                                 
institutions of higher education who shall be considered as        280          

separate public employers for the purposes of this chapter;        281          

however, the office may negotiate on behalf of these officials or  282          

trustees where authorized by the officials or trustees.  The       283          

staff of the office of collective bargaining are in the            284          

unclassified service.  The director of administrative services     285          

shall fix the compensation of the staff.                           286          

      The office of collective bargaining shall:                   288          

      (1)  Assist the director in formulating management's         290          

philosophy for public collective bargaining as well as planning    291          

bargaining strategies;                                             292          

      (2)  Conduct negotiations with the exclusive                 294          

representatives of each employee organization;                     295          

      (3)  Coordinate the state's resources in all mediation,      297          

fact-finding, and arbitration cases as well as in all labor        298          

disputes;                                                          299          

      (4)  Conduct systematic reviews of collective bargaining     301          

agreements for the purpose of contract negotiations;               302          

      (5)  Coordinate the systematic compilation of data by all    304          

agencies that is required for negotiating purposes;                305          

      (6)  Prepare and submit an annual report and other reports   307          

as requested to the governor and the general assembly on the       308          

implementation of this chapter and its impact upon state           309          

government.                                                        310          

      Section 2.  That existing sections 124.34 and 4117.10 of     312          

the Revised Code are hereby repealed.                              313