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