As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                  S. B. No. 144  5            

      1997-1998                                                    6            


                          SENATOR WATTS                            8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 124.03, 124.09, 124.10, 124.11,     12           

                124.13, 124.134, 124.136, 124.14, 124.15,          13           

                124.152, 124.18, 124.181, 124.25, 124.27, 124.32,  14           

                124.34, 124.382, 124.383, 124.384, 124.386,                     

                124.387, 124.388, 124.87, 124.92, 125.041,         15           

                125.12, 125.13, 125.21, 125.48, and 156.04 and to               

                repeal section 124.139 of the Revised Code to      16           

                make various changes in the Civil Service, Excess  17           

                and Surplus Supplies, and State Printing Laws and  18           

                in other laws that affect the Department of                     

                Administrative Services.                           19           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 124.03, 124.09, 124.10, 124.11,    22           

124.13, 124.134, 124.136, 124.14, 124.15, 124.152, 124.18,         23           

124.181, 124.25, 124.27, 124.32, 124.34, 124.382, 124.383,         24           

124.384, 124.386, 124.387, 124.388, 124.87, 124.92, 125.041,       25           

125.12, 125.13, 125.21, 125.48, and 156.04 of the Revised Code be  26           

amended to read as follows:                                                     

      Sec. 124.03.  The state personnel board of review shall      35           

exercise the following powers and perform the following duties:    36           

      (A)  Hear appeals, as provided by law, of employees in the   38           

classified state service from final decisions of appointing        39           

authorities or the director of administrative services relative    40           

to reduction in pay or position, job abolishments, layoff,         41           

suspension, discharge, assignment or reassignment to a new or      42           

different position classification, or refusal of the director, or  43           

                                                          2      

                                                                 
anybody authorized to perform his THE DIRECTOR'S functions, to     44           

reassign an employee to another classification or to reclassify    45           

the employee's position with or without a job audit under          46           

division (E)(D) of section 124.14 of the Revised Code.  As used    47           

in this division, "discharge" includes involuntary disability      48           

separations.  The board may affirm, disaffirm, or modify the       51           

decisions of the appointing authorities or the director, as the    52           

case may be, and its decision is final.  The board's decisions     53           

shall be consistent with the applicable classification                          

specifications.  The board shall not be deprived of jurisdiction   54           

to hear any appeal due to the failure of an appointing authority   55           

to file its decision with the board.  Any final decision of an     56           

appointing authority or of the director not filed in the manner    57           

provided in this chapter shall be disaffirmed.  The board may      58           

place an exempt employee, as defined in section 124.152 of the     59           

Revised Code, into a bargaining unit classification, if the board  60           

determines that the bargaining unit classification is the proper   61           

classification for that employee.  Notwithstanding Chapter 4117.   62           

of the Revised Code or instruments and contracts negotiated under  63           

it, such placements are at the board's discretion.                              

      In any hearing before the board, including any hearing at    65           

which a record is taken that may be the basis of an appeal to a    66           

court, an employee may be represented by a person permitted to     67           

practice before the board who is not an attorney at law so long    68           

as the person does not receive any compensation from the employee  69           

for such representation.                                           70           

      (B)  Hear appeals, as provided by law, of appointing         72           

authorities from final decisions of the director relative to the   73           

classification or reclassification of any position in the          74           

classified state service under the jurisdiction of such            75           

appointing authority.  The board may affirm, disaffirm, or modify  76           

the decisions of the director, and its decision is final.  The     77           

board's decisions shall be consistent with the applicable          79           

classification specifications.                                     80           

                                                          3      

                                                                 
      (C)  Exercise the authority provided by section 124.40 of    82           

the Revised Code, for appointment, removal, and supervision of     83           

municipal and civil service township civil service commissions;    84           

      (D)  Appoint a secretary, referees, examiners, and whatever  86           

other employees are necessary in the exercise of its powers and    87           

performance of its duties and functions.  The board shall          88           

determine appropriate education and experience requirements for    89           

its secretary, referees, examiners, and other employees and shall  90           

prescribe their duties.  A referee or examiner does not need to    91           

have been admitted to the practice of law.                         92           

      (E)  Maintain a journal which shall be open to public        94           

inspection, in which it shall keep a record of all of its          95           

proceedings and of the vote of each of its members upon every      96           

action taken by it;                                                97           

      (F)  Adopt rules in accordance with Chapter 119. of the      99           

Revised Code relating to the procedure of the board in             100          

administering the laws which it has the authority or duty to       101          

administer and for the purpose of invoking the jurisdiction of     102          

the board in hearing appeals of appointing authorities and         103          

employees in matters set forth in divisions (A) and (B) of this    104          

section;                                                           105          

      (G)  Subpoena and require the attendance and testimony of    107          

witnesses and the production of books, papers, public records,     108          

and other documentary evidence pertinent to any matter which it    109          

has authority to investigate, inquire into, or hear in the same    110          

manner and to the same extent as provided by division (G) of       111          

section 124.09 of the Revised Code.  All witness fees shall be     112          

paid in the manner set forth in that division.                     113          

      (H)  The board shall be funded by general revenue fund       115          

appropriations.  All moneys received by the board for copies of    116          

documents, rule books, and transcriptions shall be paid into the   117          

state treasury to the credit of the transcript and other           118          

documents fund, which is hereby created to defray the cost of      119          

furnishing or making available such copies, rule books, and        120          

                                                          4      

                                                                 
transcriptions.                                                    121          

      Sec. 124.09.  The director of administrative services shall  131          

do all of the following:                                                        

      (A)  Prescribe, amend, and enforce administrative rules for  133          

the purpose of carrying out the functions, powers, and duties      134          

vested in and imposed upon the director by this chapter.  Except   136          

in the case of rules adopted pursuant to section 124.14 of the     137          

Revised Code, the prescription, amendment, and enforcement of      138          

rules under this division are subject to approval, disapproval,    139          

or modification by the state personnel board of review.            140          

      (B)  Keep records of the director's proceedings and records  142          

of all applications for examinations and all examinations          143          

conducted by the director.  All such records, except examinations  144          

and recommendations of former employers, shall be open to public   146          

inspection under reasonable regulations; provided the governor,    147          

or any person designated by the governor, may, for the purpose of  148          

investigation, have free access to all such records, whenever the  149          

governor has reason to believe that this chapter, or the           150          

administrative rules of the director prescribed under such         151          

sections, are being violated.                                                   

      (C)  Prepare, continue, and keep in the office of the        153          

department, a complete roster of all persons in the classified     154          

service WHO ARE PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE.  155          

This roster shall be open to public inspection at all reasonable   157          

hours.  It shall show in reference to each of such THOSE persons,  158          

the person's name, address, the date of appointment to or          159          

employment in such THE CLASSIFIED service, the person's AND        160          

salary or compensation, the title of the place or office which     161          

THAT the person holds, the nature of the duties thereof OF THAT    162          

PLACE OR OFFICE, and, in case of the person's removal or           163          

resignation, the date of the termination of such THAT service.     164          

      (D)  Approve the establishment of all new positions in the   166          

civil service of the state and the reestablishment of abolished    167          

positions.                                                         168          

                                                          5      

                                                                 
      (E)  Require the abolishment of any position in the civil    170          

service of the state that is not filled after a period of twelve   171          

months unless it is determined that the position is seasonal in    172          

nature or that the vacancy is otherwise justified.                 173          

      (F)  Make investigations concerning all matters touching     175          

the enforcement and effect of this chapter, and the                176          

administrative rules of the director prescribed under such         177          

sections THIS CHAPTER.  In the course of such investigations, the  178          

director or the director's deputy may administer oaths and         179          

affirmations, and take testimony relative to any matter which the  181          

director has authority to investigate.                             182          

      (G)  Have the power to subpoena and require the attendance   184          

and testimony of witnesses and the production of books, papers,    185          

public records, and other documentary evidence pertinent to the    186          

investigations, inquiries, or hearings on any matter which the     187          

director has authority to investigate, inquire into or hear, and   188          

to examine them in relation to any matter which the director has   189          

authority to investigate, inquire into, or hear.  Fees shall be    190          

allowed to witnesses, and on their certificate, duly audited,      191          

shall be paid by the treasurer of state, or in the case of         192          

municipal or civil service township civil service commissions by   193          

the county treasurer, for attendance and traveling, as is          194          

provided in section 2335.06 of the Revised Code for witnesses in   195          

courts of record.  All officers in the civil service of the state  196          

or any of the political subdivisions thereof and their deputies,   197          

clerks, and employees shall attend and testify when summoned to    198          

do so by the director or the state personnel board of review.      199          

Depositions of witnesses may be taken by the director or the       200          

board, or any member thereof, in the manner prescribed by law for  201          

like depositions in civil actions in the courts of common pleas.   202          

In case any person, in disobedience to any subpoena issued by the  203          

director or the board, or any member thereof, or the chief         204          

examiner, fails or refuses to attend and testify to any matter     205          

regarding which the person may be lawfully interrogated, or        206          

                                                          6      

                                                                 
produce any documentary evidence pertinent to any investigation,   208          

inquiry, or hearing, the court of common pleas of any county, or   209          

any judge thereof, where such disobedience, failure, or refusal    210          

occurs, upon application of the director or the board, or any      211          

member thereof, or a municipal or civil service township civil     212          

service commission, or any commissioner thereof, or their chief    213          

examiner, shall compel obedience by attachment proceedings for     214          

contempt as in the case of disobedience of the requirements of a   215          

subpoena issued from such courts or a refusal to testify therein.  216          

      (H)  Make a report to the governor, on or before the first   218          

day of January of each year, showing the director's actions, the   220          

rules and all exceptions thereto in force, and any                 221          

recommendations for the more effectual accomplishment of the       222          

purposes of this chapter.  The director shall also furnish any     223          

special reports to the governor whenever the governor requests     224          

them.  Such reports shall be printed for public distribution       226          

under the same regulations as are the reports of other state       227          

officers, boards, or commissions.                                  228          

      Sec. 124.10.  (A)  Any creditor or judgment creditor of an   237          

employee or officer of the state may maintain against the state    238          

any action or proceeding in attachment or garnishment, or in aid   239          

of execution to subject to the payment of his THE CREDITOR'S OR    240          

JUDGMENT CREDITOR'S claim or judgment any salary, wages, or other  241          

compensation owing to any such employee or officer of the state,   242          

in the same manner, to the same extent, and in the same courts as  244          

any creditor or judgment creditor may, under the laws of this      245          

state, subject moneys due his A debtor or judgment debtor from     246          

any person.                                                                     

      In any such action or proceeding against the state, the      248          

order and notice of attachment, garnishment, or proceeding in aid  249          

of execution shall be served upon the director of administrative   250          

services and shall set forth the name of the state agency in       251          

which such THE debtor or judgment debtor is employed.              252          

      (B)  NOTWITHSTANDING SECTION 2716.03 OF THE REVISED CODE,    254          

                                                          7      

                                                                 
NO PROCEEDING IN GARNISHMENT OF PERSONAL EARNINGS SHALL BE         255          

BROUGHT AGAINST A JUDGMENT DEBTOR SOONER THAN THIRTY DAYS AFTER    257          

THE TIME AN ORDER AND NOTICE OF GARNISHMENT IS SERVED UPON THE                  

DIRECTOR OF ADMINISTRATIVE SERVICES, REGARDLESS OF WHO BRINGS THE  258          

PROCEEDING OR WHO BROUGHT THE LAST SUCCESSFUL PROCEEDING.          259          

      (C)  If, at the time an order and notice of garnishment is   261          

served upon the director of administrative services pursuant to    262          

section 2716.05 of the Revised Code, he THE DIRECTOR has lost      263          

administrative control of disposable earnings of the defendant     265          

that are being held back, the director may answer question 4(B)    266          

of the "Answer of Employer (Garnishee)."  In such a case, the      267          

director, as garnishee, shall answer the order and notice of       268          

garnishment on the first workday following the defendant's next    269          

subsequent pay period, notwithstanding any other different time    270          

of answer prescribed by Chapter 2716. of the Revised Code.  If,    271          

at the time an order and notice of garnishment is served upon him  272          

THE DIRECTOR pursuant to section 2716.05 of the Revised Code, the  273          

director has not lost administrative control of disposable         274          

earnings of the defendant that are being held back, the director,  275          

as garnishee, shall answer the order and notice of garnishment on  276          

the first workday following the then-current pay period,           277          

notwithstanding any different time of answer prescribed by         278          

Chapter 2716. of the Revised Code.                                 279          

      Sec. 124.11.  The civil service of the state and the         287          

several counties, cities, civil service townships, city health     288          

districts, general health districts, and city school districts     289          

thereof shall be divided into the unclassified service and the     290          

classified service.                                                291          

      (A)  The unclassified service shall comprise the following   293          

positions, which shall not be included in the classified service,  294          

and which shall be exempt from all examinations required by this   295          

chapter:                                                           296          

      (1)  All officers elected by popular vote or persons         298          

appointed to fill vacancies in such offices;                       299          

                                                          8      

                                                                 
      (2)  All election officers as defined in section 3501.01 of  301          

the Revised Code;                                                  302          

      (3)  The members of all boards and commissions, and heads    304          

of principal departments, boards, and commissions appointed by     305          

the governor or by and with the governor's consent; and the        306          

members of all boards and commissions and all heads of             307          

departments appointed by the mayor, or, if there is no mayor,      308          

such other similar chief appointing authority of any city or city  309          

school district; except as otherwise provided in division (A)(17)  310          

or (C) of this section, this chapter does not exempt the chiefs    311          

of police departments and chiefs of fire departments of cities or  312          

civil service townships from the competitive classified service;   313          

      (4)  The members of county or district licensing boards or   315          

commissions and boards of revision, and deputy county auditors;    316          

      (5)  All officers and employees elected or appointed by      318          

either or both branches of the general assembly, and such          319          

employees of the city legislative authority as are engaged in      320          

legislative duties;                                                321          

      (6)  All commissioned and noncommissioned officers and       323          

enlisted persons in the military service of the state including    324          

military appointees in the office of the adjutant general;         325          

      (7)(a)  All presidents, business managers, administrative    327          

officers, superintendents, assistant superintendents, principals,  328          

deans, assistant deans, instructors, teachers, and such employees  329          

as are engaged in educational or research duties connected with    330          

the public school system, colleges, and universities, as           331          

determined by the governing body of the public school system,      332          

colleges, and universities;                                        333          

      (b)  The library staff of any library in the state           335          

supported wholly or in part at public expense.                     336          

      (8)  Four clerical and administrative support employees for  338          

each of the elective state officers; and three clerical and        339          

administrative support employees for other elective officers and   340          

each of the principal appointive executive officers, boards, or    341          

                                                          9      

                                                                 
commissions, except for civil service commissions, that are        342          

authorized to appoint such clerical and administrative support     343          

employees;                                                         344          

      (9)  The deputies and assistants of state agencies           346          

authorized to act for and on behalf of the agency, or holding a    347          

fiduciary or administrative relation to that agency and those      348          

persons employed by and directly responsible to elected county     349          

officials or a county administrator and holding a fiduciary or     350          

administrative relationship to such elected county officials or    351          

county administrator, and the employees of such county officials   352          

whose fitness would be impracticable to determine by competitive   354          

examination, provided that division (A)(9) of this section shall   355          

not affect those persons in county employment in the classified    356          

service as of September 19, 1961.  Nothing in division (A)(9) of   357          

this section applies to any position in a county department of     358          

human services created pursuant to sections 329.01 to 329.10 of    359          

the Revised Code.                                                  360          

      (10)  Bailiffs, constables, official stenographers, and      362          

commissioners of courts of record, deputies of clerks of the       363          

courts of common pleas who supervise, or who handle public moneys  364          

or secured documents, and such officers and employees of courts    365          

of record and such deputies of clerks of the courts of common      366          

pleas as the director of administrative services finds it          367          

impracticable to determine their fitness by competitive            368          

examination;                                                       369          

      (11)  Assistants to the attorney general, special counsel    371          

appointed or employed by the attorney general, assistants to       372          

county prosecuting attorneys, and assistants to city directors of  373          

law;                                                               374          

      (12)  Such teachers and employees in the agricultural        376          

experiment stations; such students in normal schools, colleges,    377          

and universities of the state who are employed by the state or a   378          

political subdivision of the state in student or intern            379          

classifications; and such unskilled labor positions as the         380          

                                                          10     

                                                                 
director of administrative services or any municipal civil         381          

service commission may find it impracticable to include in the     382          

competitive classified service; provided such exemptions shall be  383          

by order of the commission or the director, duly entered on the    384          

record of the commission or the director with the reasons for      385          

each such exemption;                                               386          

      (13)  Any physician or dentist who is a full-time employee   388          

of the department of mental health or the department of mental     389          

retardation and developmental disabilities or of an institution    390          

under the jurisdiction of either department; and physicians who    391          

are in residency programs at the institutions;                     392          

      (14)  Up to twenty positions at each institution under the   394          

jurisdiction of the department of mental health or the department  395          

of mental retardation and developmental disabilities that the      396          

department director determines to be primarily administrative or   397          

managerial; and up to fifteen positions in any division of either  398          

department, excluding administrative assistants to the director    399          

and division chiefs, which are within the immediate staff of a     400          

division chief and which the director determines to be primarily   401          

and distinctively administrative and managerial;                   402          

      (15)  Noncitizens of the United States employed by the       404          

state, or its counties or cities, as physicians or nurses who are  405          

duly licensed to practice their respective professions under the   406          

laws of Ohio, or medical assistants, in mental, tuberculosis, or   407          

chronic disease hospitals, or institutions;                        408          

      (16)  Employees of the governor's office;                    410          

      (17)  Fire chiefs and chiefs of police in civil service      412          

townships appointed by boards of township trustees under section   413          

505.38 or 505.49 of the Revised Code;                              414          

      (18)  Executive directors, deputy directors, and program     416          

directors employed by boards of alcohol, drug addiction, and       417          

mental health services under Chapter 340. of the Revised Code,     418          

and secretaries of the executive directors, deputy directors, and  419          

program directors;                                                 420          

                                                          11     

                                                                 
      (19)  Superintendents, and management employees as defined   422          

in section 5126.20 of the Revised Code, of county boards of        423          

mental retardation and developmental disabilities;                 424          

      (20)  Physicians, nurses, and other employees of a county    426          

hospital who are appointed pursuant to sections 339.03 and 339.06  427          

of the Revised Code;                                               428          

      (21)  The executive director of the state medical board,     430          

who is appointed pursuant to division (B) of section 4731.05 of    431          

the Revised Code;                                                  432          

      (22)  County directors of human services as provided in      434          

section 329.02 of the Revised Code and administrators appointed    435          

under section 329.021 of the Revised Code;                         436          

      (23)  A director of economic development who is hired        438          

pursuant to division (A) of section 307.07 of the Revised Code;    439          

      (24)  Chiefs of construction and compliance, of operations   441          

and maintenance, and of licensing and certification in the         442          

division of industrial compliance in the department of commerce;   443          

      (25)  The executive director of a county transit system      445          

appointed under division (A) of section 306.04 of the Revised      446          

Code;                                                                           

      (26)  Up to five positions at each of the administrative     448          

departments listed in section 121.02 of the Revised Code and at    449          

the department of taxation, department of the adjutant general,    450          

department of education, Ohio board of regents, bureau of          451          

employment services, bureau of workers' compensation, industrial   452          

commission, state lottery commission, and public utilities         453          

commission of Ohio that the head of that administrative            454          

department or of that other state agency determines to be                       

involved in policy development and implementation.  The head of    455          

the administrative department or other state agency shall set the  456          

compensation for employees in these positions at a rate that is    457          

not less than the minimum compensation specified in pay range 41   458          

but not more than the maximum compensation specified in pay range  459          

44 of salary schedule E-2 in section 124.152 of the Revised Code.  460          

                                                          12     

                                                                 
The authority to establish positions in the unclassified service   461          

under division (A)(26) of this section is in addition to and does  462          

not limit any other authority that an administrative department    463          

or state agency has under the Revised Code to establish            464          

positions, appoint employees, or set compensation.                 465          

      (27)  Employees of the department of agriculture employed    467          

under section 901.09 of the Revised Code;                          468          

      (28)  For cities, counties, civil service townships, city    470          

health districts, general health districts, and city school        472          

districts, the deputies and assistants of elective or principal    473          

executive officers authorized to act for and in the place of       474          

their principals or holding a fiduciary relation to their                       

principals;                                                        475          

      (29)  EMPLOYEES WHO RECEIVE EXTERNAL INTERIM, INTERMITTENT,  477          

OR TEMPORARY APPOINTMENTS UNDER SECTION 124.30 OF THE REVISED      478          

CODE;                                                                           

      (30)  EMPLOYEES APPOINTED TO ADMINISTRATIVE STAFF POSITIONS  480          

FOR WHICH AN APPOINTING AUTHORITY IS GIVEN SPECIFIC STATUTORY      481          

AUTHORITY TO SET COMPENSATION.                                     482          

      (B)  The classified service shall comprise all persons in    484          

the employ of the state and the several counties, cities, city     485          

health districts, general health districts, and city school        486          

districts thereof, not specifically included in the unclassified   487          

service.  Upon the creation by the board of trustees of a civil    488          

service township civil service commission, the classified service  489          

shall also comprise, except as otherwise provided in division      490          

(A)(17) or (C) of this section, all persons in the employ of       491          

civil service township police or fire departments having ten or    492          

more full-time paid employees.  The classified service consists    493          

of two classes, which shall be designated as the competitive       494          

class and the unskilled labor class.                               495          

      (1)  The competitive class shall include all positions and   497          

employments in the state and the counties, cities, city health     498          

districts, general health districts, and city school districts     499          

                                                          13     

                                                                 
thereof, and upon the creation by the board of trustees of a       500          

civil service township of a township civil service commission all  501          

positions in civil service township police or fire departments     502          

having ten or more full-time paid employees, for which it is       503          

practicable to determine the merit and fitness of applicants by    504          

competitive examinations.  Appointments shall be made to, or       505          

employment shall be given in, all positions in the competitive     506          

class that are not filled by promotion, reinstatement, transfer,   507          

or reduction, as provided in this chapter, and the rules of the    508          

director of administrative services, by appointment from those     509          

certified to the appointing officer in accordance with this        510          

chapter.                                                           511          

      (2)  The unskilled labor class shall include ordinary        513          

unskilled laborers.  Vacancies in the labor class shall be filled  514          

by appointment from lists of applicants registered by the          515          

director.  The director or the commission shall, by rule, require  516          

an applicant for registration in the labor class to furnish such   517          

evidence or take such tests as the director considers proper with  518          

respect to age, residence, physical condition, ability to labor,   519          

honesty, sobriety, industry, capacity, and experience in the work  520          

or employment for which he applies APPLICATION IS MADE.  Laborers  522          

who fulfill the requirements shall be placed on the eligible list  524          

for the kind of labor or employment sought, and preference shall   525          

be given in employment in accordance with the rating received      526          

from such evidence or in such tests.  Upon the request of an       527          

appointing officer, stating the kind of labor needed, the pay and  528          

probable length of employment, and the number to be employed, the  529          

director shall certify from the highest on the list double the     530          

number to be employed; from this number the appointing officer     531          

shall appoint the number actually needed for the particular work.  532          

If more than one applicant receives the same rating, priority in   533          

time of application shall determine the order in which their       534          

names shall be certified for appointment.                          535          

      (C)  A municipal or civil service township civil service     537          

                                                          14     

                                                                 
commission may place volunteer fire fighters FIREFIGHTERS who are  539          

paid on a fee-for-service basis in either the classified or the    540          

unclassified civil service.                                        541          

      (D)  IN THE DISCRETION OF AN APPOINTING AUTHORITY WHOSE      543          

EMPLOYEES ARE PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE,    544          

THE APPOINTING AUTHORITY MAY APPOINT A PERSON WHO HOLDS A          545          

POSITION IN THE CLASSIFIED SERVICE WITHIN THE APPOINTING           546          

AUTHORITY'S AGENCY TO A POSITION IN THE UNCLASSIFIED SERVICE       547          

WITHIN THE APPOINTING AUTHORITY'S AGENCY.  A PERSON APPOINTED                   

PURSUANT TO THIS DIVISION SHALL RETAIN THE RIGHT TO RESUME THE     549          

POSITION AND STATUS HELD BY THE PERSON IN THE CLASSIFIED SERVICE   550          

IMMEDIATELY PRIOR TO THE PERSON'S APPOINTMENT IN THE UNCLASSIFIED  551          

SERVICE.  REINSTATEMENT TO A POSITION IN THE CLASSIFIED SERVICE    552          

SHALL BE TO A POSITION SUBSTANTIALLY EQUAL TO THAT HELD                         

PREVIOUSLY, AS CERTIFIED BY THE DIRECTOR OF ADMINISTRATIVE         553          

SERVICES.  IF THE POSITION THE PERSON PREVIOUSLY HELD HAS BEEN     554          

PLACED IN THE UNCLASSIFIED SERVICE OR IS OTHERWISE UNAVAILABLE,    555          

THE PERSON SHALL BE APPOINTED TO A POSITION IN THE CLASSIFIED      556          

SERVICE WITHIN THE APPOINTING AUTHORITY'S AGENCY THAT THE          557          

DIRECTOR OF ADMINISTRATIVE SERVICES CERTIFIES IS COMPARABLE IN                  

COMPENSATION TO THE POSITION THE PERSON PREVIOUSLY HELD.  SERVICE  558          

IN THE POSITION IN THE UNCLASSIFIED SERVICE SHALL BE COUNTED AS    559          

SERVICE IN THE POSITION IN THE CLASSIFIED SERVICE HELD BY THE      560          

PERSON IMMEDIATELY PRIOR TO THE PERSON'S APPOINTMENT IN THE        561          

UNCLASSIFIED SERVICE.  WHEN A PERSON IS REINSTATED TO A POSITION   562          

IN THE CLASSIFIED SERVICE AS PROVIDED IN THIS DIVISION, THE                     

PERSON IS ENTITLED TO ALL RIGHTS, STATUS, AND BENEFITS ACCRUING    563          

TO THE POSITION DURING THE PERSON'S TIME OF SERVICE IN THE         564          

POSITION IN THE UNCLASSIFIED SERVICE.                              565          

      Sec. 124.13.  (A)  The grant of vacation leave to full-time  574          

employees under this division is subject to division (B) of this   575          

section AS USED IN THIS SECTION, "STATE EMPLOYEE" MEANS A STATE    576          

EMPLOYEE WHO DOES NOT ACCRUE VACATION LEAVE UNDER SECTION 124.134  577          

OF THE REVISED CODE.                                                            

                                                          15     

                                                                 
      (B)  Each full-time state employee OR COUNTY HUMAN SERVICES  579          

DEPARTMENT EMPLOYEE, including full-time hourly rate employees,    581          

after service of one year with the state, or any political         582          

subdivision of the state, shall have earned and will be due upon   583          

the attainment of the first year of employment, and annually       584          

thereafter, eighty hours of vacation leave with full pay.  One     585          

year of service shall be computed on the basis of twenty-six       586          

biweekly pay periods.  A full-time state employee, or county       587          

human services DEPARTMENT employee with eight or more years of     589          

service with the state or any political subdivision of the state   590          

shall have earned and is entitled to one hundred twenty hours of   591          

vacation leave with full pay.  A full-time state employee or       592          

county human services DEPARTMENT employee with fifteen or more     593          

years of service with the state or any political subdivision of    594          

the state shall have earned and is entitled to one hundred sixty   595          

hours of vacation leave with full pay.  A full-time state          596          

employee or county human services DEPARTMENT employee with         597          

twenty-five years of service with the state or any political       599          

subdivision of the state shall have earned and is entitled to two  600          

hundred hours of vacation leave with full pay.  Such vacation      601          

leave shall accrue to the employee at the rate of three and        602          

one-tenth hours each biweekly period for those entitled to eighty  603          

hours per year; four and six-tenths hours each biweekly period     604          

for those entitled to one hundred twenty hours per year; six and   605          

two-tenths hours each biweekly period for those entitled to one    606          

hundred sixty hours per year; and seven and seven-tenths hours     607          

each biweekly period for those entitled to two hundred hours per   608          

year.                                                                           

      (B)(C)  Full-time STATE AND COUNTY HUMAN SERVICES            610          

DEPARTMENT employees who are in active pay status for less than    612          

eighty hours in a pay period, and part-time STATE employees,                    

shall earn vacation leave on a prorated basis.  The ratio between  614          

the hours worked and the vacation hours earned by these classes    615          

of employees shall be the same as the ratio between the hours      616          

                                                          16     

                                                                 
worked and the vacation hours earned by a full-time STATE OR       617          

COUNTY HUMAN SERVICES DEPARTMENT employee who works forty hours    618          

in a pay period and who has the same amount of service as          619          

provided for in this section.                                                   

      (C)(D)  EMPLOYEES SHALL TAKE VACATION LEAVE DURING THE YEAR  621          

IN WHICH IT ACCRUES AND PRIOR TO THE NEXT ANNIVERSARY DATE OF      622          

EMPLOYMENT, EXCEPT THAT AN APPOINTING AUTHORITY MAY PERMIT         623          

EMPLOYEES TO CARRY OVER VACATION LEAVE TO THE FOLLOWING YEAR.      624          

Employees shall forfeit their right to take or to be paid for any  626          

vacation leave to their credit which is in excess of the accrual   627          

for three years.  Such excess leave shall be eliminated from the   628          

employees' leave balance.                                                       

      (D)(E)  Upon separation from state service an employee       630          

shall be entitled to compensation at the employee's current rate   632          

of pay for all lawfully accrued and unused vacation leave to the   633          

employee's credit at the time of separation up to three years.     634          

In case of transfer of an employee from one state agency to        635          

another, or between a county and the state, the employee may       636          

elect to be compensated at the employee's current rate of pay for  637          

accrued and unused vacation leave at the time of transfer by the   638          

releasing agency or to retain the accrued and unused vacation      639          

leave.  In case of death of an employee such unused vacation       640          

leave shall be paid in accordance with section 2113.04 of the      641          

Revised Code, or to the employee's estate.  Notwithstanding                     

section 325.19 of the Revised Code, county human services          642          

employees shall receive vacation benefits as provided in this      643          

section.                                                           644          

      (E)  This section does not apply to employees who accrue     646          

vacation leave under section 124.134 of the Revised Code.          647          

      Sec. 124.134.  (A)  Each full-time permanent state employee  656          

paid in accordance with section 124.152 of the Revised Code and    657          

those employees listed in divisions (B)(2) and (4) of section      658          

124.14 of the Revised Code, after service of one year, shall have  659          

earned and will be due upon the attainment of the first year of    660          

                                                          17     

                                                                 
employment, and annually thereafter, eighty hours of vacation      661          

leave with full pay.  One year of service shall be computed on     662          

the basis of twenty-six biweekly pay periods.  A full-time         663          

permanent state employee with five or more years of service shall  664          

have earned and is entitled to one hundred twenty hours of         665          

vacation leave with full pay.  A full-time permanent state         666          

employee with ten or more years of service shall have earned and   667          

is entitled to one hundred sixty hours of vacation leave with      668          

full pay.  A full-time permanent state employee with fifteen or    669          

more years of service shall have earned and is entitled to one     670          

hundred eighty hours of vacation leave with full pay.  A           671          

full-time permanent state employee with twenty or more years of    672          

service shall have earned and is entitled to two hundred hours of  673          

vacation leave with full pay.  A full-time permanent state         674          

employee with twenty-five or more years of service shall have      675          

earned and is entitled to two hundred forty hours of vacation      676          

leave with full pay.  Such vacation leave shall accrue to the      677          

employee at the rate of three and one-tenth hours each biweekly    678          

period for those entitled to eighty hours per year; four and       679          

six-tenths hours each biweekly period for those entitled to one    680          

hundred twenty hours per year; six and two-tenths hours each       681          

biweekly period for those entitled to one hundred sixty hours per  682          

year; six and nine-tenths each biweekly period for those entitled  683          

to one hundred eighty hours per year; seven and seven-tenths       684          

hours each biweekly period for those entitled to two hundred       685          

hours per year; and nine and two-tenths each biweekly period for   686          

those entitled to two hundred forty hours per year.                687          

      The amount of an employee's service shall be determined in   689          

accordance with the standard specified in section 9.44 of the      690          

Revised Code.  Credit for prior service, including an increased    692          

vacation accrual rate and longevity supplement, shall take effect               

during the first pay period that begins immediately following the  693          

date the director of administrative services approves granting     694          

credit for that prior service.  No employee, OTHER THAN AN         695          

                                                          18     

                                                                 
EMPLOYEE WHO SUBMITS PROOF OF PRIOR SERVICE WITHIN NINETY DAYS     696          

AFTER THE DATE OF THE EMPLOYEE'S HIRING, shall receive any amount  697          

of vacation leave for the period prior to the date of the          698          

director's approval of the grant of credit for prior service.      699          

      Part-time permanent employees who are paid in accordance     702          

with section 124.152 of the Revised Code and full-time permanent   703          

employees subject to this section who are in active pay status     704          

for less than eighty hours in a pay period shall earn vacation     705          

leave on a prorated basis.  The ratio between the hours worked     706          

and the vacation hours earned by these classes of employees shall  707          

be the same as the ratio between the hours worked and the          708          

vacation hours earned by a full-time permanent employee with the   709          

same amount of service as provided for in this section.                         

      (B)  Except as otherwise provided in this section,           711          

employees granted leave under this section shall forfeit their     712          

right to take or to be paid for any vacation leave to their        713          

credit which is in excess of the accrual for three years.  Such    714          

excess leave shall be eliminated from the employees' leave         715          

balance.  If an employee's vacation leave credit is in excess AT   716          

THE MAXIMUM of the accrual for three years and the employee has    717          

been denied the use of vacation leave during the immediately       718          

preceding twelve months, the employee, at the employee's request,  719          

shall be paid for all or a portion of the vacation leave the       720          

employee was denied, in the amount designated by the employee.     722          

THE EMPLOYEE SHALL NOT BE PAID FOR MORE HOURS IN ANY PAY PERIOD    723          

THAN THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO TAKE DURING ANY PAY  724          

PERIOD IF THE REQUEST HAD BEEN APPROVED, NOR IS THE EMPLOYEE       725          

ENTITLED TO BE PAID FOR VACATION LEAVE DENIED IN ANY PERIOD IN                  

WHICH THE EMPLOYEE'S VACATION LEAVE CREDIT IS NOT AT THE MAXIMUM   726          

OF ACCRUAL FOR THREE YEARS.  Any vacation leave for which an       727          

employee receives payment shall be deducted from the employee's    729          

vacation leave balance.  Such payment shall not be made for any    730          

leave accrued in the same calendar year in which the payment is    731          

made.                                                                           

                                                          19     

                                                                 
      (C)  Upon separation from state service an employee granted  734          

leave under this section is entitled to compensation at the        735          

employee's current rate of pay for all unused vacation leave       737          

accrued under this section or section 124.13 of the Revised Code   738          

to the employee's credit.  In case of transfer of an employee      740          

from one state agency to another, the employee may elect to be     741          

compensated at the employee's current rate of pay for accrued and  742          

unused vacation leave at the time of transfer by the releasing     743          

agency or to retain the accrued and unused vacation leave.  In     744          

case of death of an employee such unused vacation leave shall be   745          

paid in accordance with section 2113.04 of the Revised Code, or    746          

to the employee's estate.  AN EMPLOYEE SERVING IN A TEMPORARY      747          

WORK LEVEL OR AN INTERIM APPOINTMENT WHO IS ELIGIBLE TO RECEIVE    748          

COMPENSATION UNDER THIS DIVISION SHALL BE COMPENSATED AT THE BASE  749          

RATE OF PAY OF THE EMPLOYEE'S NORMAL CLASSIFICATION.               750          

      Sec. 124.136.  (A)(1)  Each permanent full-time and          759          

permanent part-time employee paid in accordance with section       760          

124.152 of the Revised Code and each employee listed in division   761          

(B)(2) or (4) of section 124.14 of the Revised Code who works      762          

thirty or more hours per week, and who meets the requirement of    763          

division (A)(2) of this section is eligible, upon the birth or     764          

adoption of a child, for a parental leave of absence and parental  765          

leave benefits under this section.  Parental leave of absence      766          

shall begin on the day of the birth of a child or on the day on    767          

which custody of a child is taken for adoption placement by the    768          

prospective parents.                                               769          

      (2)  To be eligible for leave and benefits under this        771          

section, an employee must be the biological parent of a newly      772          

born child or the legal guardian of and reside in the same         774          

household as a newly adopted child.  EMPLOYEES MAY ELECT TO        775          

RECEIVE TWO THOUSAND DOLLARS FOR ADOPTION EXPENSES IN LIEU OF      776          

RECEIVING THE PAID LEAVE BENEFIT PROVIDED UNDER THIS SECTION.      777          

THE TWO-THOUSAND DOLLARS PAYMENT MAY BE REQUESTED UPON PLACEMENT   778          

OF THE CHILD IN THE EMPLOYEE'S HOME.  IF THE CHILD IS ALREADY      779          

                                                          20     

                                                                 
RESIDING IN THE EMPLOYEE'S HOME, THE TWO-THOUSAND DOLLARS PAYMENT  780          

MAY BE REQUESTED AT THE TIME THE ADOPTION IS APPROVED.             781          

      (3)  The average number of regular hours worked, which       783          

shall include all hours of holiday pay and other types of paid     784          

leave, during the three-month period immediately preceding the     785          

day parental leave of absence begins shall be used to determine    786          

eligibility and benefits under this section for part-time          787          

employees, but such benefits shall not exceed forty hours per      788          

week.  If an employee has not worked for a three-month period,     789          

the number of hours for which the employee has been scheduled to   790          

work per week during the employee's period of employment shall be  792          

used to determine eligibility and benefits under this section.     793          

      (B)  Parental leave granted under this section shall not     795          

exceed six continuous weeks, which shall include four weeks or     796          

one hundred sixty hours of paid leave for permanent full-time      797          

employees and a prorated number of hours of paid leave for         798          

permanent part-time employees.  All employees granted parental     799          

leave shall serve a waiting period of fourteen days that begins    800          

on the day parental leave begins and during which they shall not   801          

receive paid leave under this section.  Employees may choose to    803          

work during the waiting period.  During the remaining four weeks   805          

of the leave period, employees shall receive paid leave equal to   806          

seventy per cent of their base rate of pay.  All of the following  807          

apply to employees granted parental leave:                                      

      (1)  They remain eligible to receive all employer-paid       809          

benefits and continue to accrue all other forms of paid leave as   810          

if they were in active pay status.                                 811          

      (2)  They are ineligible to receive overtime pay, and no     813          

portion of their parental leave shall be included in calculating   814          

their overtime pay.                                                815          

      (3)  They are ineligible to receive holiday pay.  A holiday  817          

occurring during the leave period shall be counted as one day of   818          

parental leave and be paid as such.                                819          

      (C)  Employees receiving parental leave may utilize          821          

                                                          21     

                                                                 
available sick leave, personal leave, vacation leave, or           822          

compensatory time balances in order to be paid during the          823          

fourteen-day waiting period and to supplement the seventy per      824          

cent of their base rate of pay received during the remaining part  825          

of their parental leave period, in an amount sufficient to give    826          

them up to one hundred per cent of their pay for time on parental  827          

leave.                                                             828          

      Use of parental leave does not affect an employee's          830          

eligibility for other forms of paid leave granted under this       831          

chapter and does not prohibit an employee from taking leave under  832          

the "Family and Medical Leave Act of 1993," 107 Stat. 6, 29        833          

U.S.C.A. 2601, except that parental leave shall be included in     834          

any leave time provided under that act.                            835          

      (D)  Employees receiving disability leave benefits under     837          

section 124.385 of the Revised Code prior to becoming eligible     838          

for parental leave shall continue to receive disability leave      839          

benefits for the duration of their disabling condition or as       840          

otherwise provided under the disability leave benefits program.    841          

If an employee is receiving disability leave benefits because of   842          

pregnancy and these benefits expire prior to the expiration date   843          

of any benefits the employee would have been entitled to receive   844          

under this section, the employee shall receive parental leave for  845          

such additional time without being required to serve an            846          

additional waiting period.                                         847          

      Sec. 124.14.  (A)  The director of administrative services   856          

shall establish, and may modify or repeal, by rule, a job          857          

classification plan for all positions, offices, and employments    858          

the salaries of which are paid in whole or in part by the state.   859          

The director shall group jobs within a classification so that the  860          

positions are similar enough in duties and responsibilities to be  861          

described by the same title, to have the same pay assigned with    862          

equity, and to have the same qualifications for selection          863          

applied.  The director shall, by rule, assign a classification     864          

title to each classification within the classification plan.       865          

                                                          22     

                                                                 
However, the director shall consider in establishing               866          

classifications, including classifications with parenthetical      867          

titles, and assigning pay ranges such factors as duties performed  868          

only on one shift, special skills in short supply in the labor     869          

market, recruitment problems, separation rates, comparative        870          

salary rates, the amount of training required, and other           871          

conditions affecting employment.  The director shall describe the  872          

duties and responsibilities of the class and establish the         873          

qualifications for being employed in that position, and shall      874          

file with the secretary of state a copy of specifications for all  875          

of the classifications.  The director shall file new, additional,  876          

or revised specifications with the secretary of state before       877          

being used.  The director shall, by rule, assign each              878          

classification, either on a statewide basis or in particular       879          

counties or state institutions, to a pay range established under   880          

section 124.15 or section 124.152 of the Revised Code.  The        881          

director may assign a classification to a pay range on a           882          

temporary basis for a period of time designated in the rule.  THE  883          

DIRECTOR MAY ESTABLISH, BY RULE ADOPTED UNDER CHAPTER 119. OF THE  884          

REVISED CODE, EXPERIMENTAL CLASSIFICATION PLANS FOR SOME OR ALL    885          

EMPLOYEES PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE.  THE   886          

ADMINISTRATIVE RULE SHALL INCLUDE SPECIFICATIONS FOR EACH          887          

CLASSIFICATION WITHIN THE PLAN AND SHALL SPECIFICALLY ADDRESS      888          

COMPENSATION RANGES, AND METHODS FOR ADVANCING WITHIN THE RANGES,               

FOR THE CLASSIFICATIONS, WHICH MAY BE ASSIGNED TO PAY RANGES       889          

OTHER THAN THE PAY RANGES ESTABLISHED UNDER SECTION 124.15 OR      890          

124.152 OF THE REVISED CODE.                                                    

      The director may reassign to a proper classification those   892          

positions that have been assigned to an improper classification.   893          

If the compensation of an employee in such a reassigned position   894          

exceeds the maximum rate of pay for the employee's new             895          

classification, the employee shall be placed in pay step X and     896          

shall not receive an increase in compensation until the maximum    897          

rate of pay for that classification exceeds the employee's         898          

                                                          23     

                                                                 
compensation.                                                                   

      The director may reassign an exempt employee, as defined in  900          

section 124.152 of the Revised Code, to a bargaining unit          901          

classification if the director determines that the bargaining      903          

unit classification is the proper classification for that                       

employee.  Notwithstanding Chapter 4117. of the Revised Code or    904          

instruments and contracts negotiated under it, such placements     905          

are at the director's discretion.                                  906          

      The director shall, by rule, assign related                  908          

classifications, which form a career progression, to a             909          

classification series.  The director shall, by rule, assign each   910          

classification in the classification plan a five-digit number,     911          

the first four digits of which shall denote the classification     912          

series to which the classification is assigned.  When a career     913          

progression encompasses more than ten classifications, the         914          

director shall, by rule, identify the additional classifications   915          

belonging to a classification series.  Such additional             916          

classifications shall be part of the classification series,        917          

notwithstanding the fact that the first four digits of the number  918          

assigned to the additional classifications do not correspond to    919          

the first four digits of the numbers assigned to other             920          

classifications in the classification series.                      921          

      The director shall adopt rules in accordance with Chapter    923          

119. of the Revised Code for the establishment of a                924          

classification plan for county agencies that elect not to use the  925          

services and facilities of a county personnel department.  The     926          

rules shall include a methodology for the establishment of titles  927          

unique to county agencies, the use of state classification titles  928          

and classification specifications for common positions, the        929          

criteria for a county to meet in establishing its own              930          

classification plan, and the establishment of what constitutes a   931          

classification series for county agencies.                         932          

      (B)  Division (A) of this section and sections 124.15 and    934          

124.152 of the Revised Code do not apply to the following          935          

                                                          24     

                                                                 
persons, positions, offices, and employments:                      936          

      (1)  Elected officials;                                      938          

      (2)  Legislative employees, employees of the legislative     940          

service commission, employees in the office of the governor,       941          

employees who are in the unclassified civil service and exempt     942          

from collective bargaining coverage in the office of the           943          

secretary of state, auditor of state, treasurer of state, and      944          

attorney general, and employees of the supreme court;                           

      (3)  Employees of a county children services board that      946          

establishes compensation rates under section 5153.12 of the        947          

Revised Code;                                                      948          

      (4)  Any position for which the authority to determine       950          

compensation is given by law to another individual or entity;      951          

      (5)  Employees of the bureau of workers' compensation whose  954          

compensation the administrator of workers' compensation                         

establishes under division (B) of section 4121.121 of the Revised  955          

Code.                                                              956          

      (C)  The director may employ a consulting agency to aid and  958          

assist the director in carrying out this section.                  959          

      (D)  When the director proposes to modify a classification   961          

or the assignment of classes to appropriate pay ranges, the        962          

director shall send written notice of the proposed rule to the     963          

appointing authorities of the affected employees thirty days       964          

before the hearing on the proposed rule.  The appointing           965          

authorities shall notify the affected employees regarding the      966          

proposed rule.  The director shall also send such appointing       968          

authorities notice of any final rule which is adopted within ten   969          

days after adoption.                                                            

      When the director proposes to reclassify any employee so     971          

that the employee is adversely affected, the director shall give   972          

to the employee affected and to the employee's appointing          974          

authority a written notice setting forth the proposed new          975          

classification, pay range, and salary.  Upon the request of any    976          

classified employee who is not serving in a probationary period,   977          

                                                          25     

                                                                 
the director shall perform a job audit to review the               978          

classification of the employee's position to determine whether     979          

the position is properly classified.  The director shall give to   980          

the employee affected and to the employee's appointing authority   982          

a written notice of the director's determination whether or not    983          

to reclassify the position or to reassign the employee to another  984          

classification.  An employee or appointing authority desiring a    985          

hearing shall file a written request therefor with the state       986          

personnel board of review within thirty days after receiving the   987          

notice.  The board shall set the matter for a hearing and notify   988          

the employee and appointing authority of the time and place of     989          

the hearing.  The employee, appointing authority, or any           990          

authorized representative of the employee who wishes to submit     991          

facts for the consideration of the board shall be afforded         992          

reasonable opportunity to do so.  After the hearing, the board     993          

shall consider anew the reclassification and may order the         994          

reclassification of the employee and require the director to       995          

assign the employee to such appropriate classification as the      997          

facts and evidence warrant.  As provided in division (A) of        998          

section 124.03 of the Revised Code, the board may determine the    999          

most appropriate classification for the position of any employee   1,000        

coming before the board, with or without a job audit.  The board   1,002        

shall disallow any reclassification or reassignment                1,003        

classification of any employee when it finds that changes have     1,004        

been made in the duties and responsibilities of any particular     1,005        

employee for political, religious, or other unjust reasons.        1,006        

      (E)(1)  Employees of each county department of human         1,008        

services shall be paid a salary or wage established by the board   1,010        

of county commissioners.  The provisions of section 124.18 of the  1,011        

Revised Code concerning the standard work week apply to employees  1,012        

of county departments of human services.  A board of county        1,013        

commissioners may do either of the following:                      1,014        

      (a)  Notwithstanding any other section of the Revised Code,  1,016        

supplement the sick leave, vacation leave, personal leave, and     1,017        

                                                          26     

                                                                 
other benefits of any employee of the county department of human   1,018        

services of that county, if the employee is eligible for the       1,019        

supplement under a written policy providing for the supplement;    1,020        

      (b)  Notwithstanding any other section of the Revised Code,  1,022        

establish alternative schedules of sick leave, vacation leave,     1,023        

personal leave, or other benefits for employees not inconsistent   1,024        

with the provisions of a collective bargaining agreement covering  1,025        

the affected employees.                                            1,026        

      (2)  The provisions of division (E)(1) of this section do    1,028        

not apply to employees for whom the state employment relations     1,029        

board establishes appropriate bargaining units pursuant to         1,030        

section 4117.06 of the Revised Code, except in either of the       1,031        

following situations:                                              1,032        

      (a)  The employees for whom the state employment relations   1,034        

board establishes appropriate bargaining units elect no            1,035        

representative in a board-conducted representation election.       1,036        

      (b)  After the state employment relations board establishes  1,038        

appropriate bargaining units for such employees, all employee      1,039        

organizations withdraw from a representation election.             1,040        

      (3)  Division (E)(1) of this section does not apply to       1,042        

employees of a county department of human services subject to the  1,043        

rules of a county personnel department.                            1,044        

      (F)  With respect to officers and employees of               1,046        

state-supported colleges and universities except for the powers    1,047        

and duties of the state personnel board of review, the powers,     1,048        

duties, and functions of the department of administrative          1,049        

services and the director of administrative services specified in  1,050        

this chapter are hereby vested in and assigned to the personnel    1,051        

departments of such colleges and universities subject to a         1,052        

periodic audit and review by the director to guarantee the         1,053        

uniform application of this granting of the director's powers,     1,055        

duties, and functions.  Upon the determination or finding of the   1,056        

misuse or nonuniform application of this authority granted to the  1,057        

personnel department of such state-supported colleges and          1,058        

                                                          27     

                                                                 
universities, the director shall order and direct the personnel    1,059        

functions of such institution until sections 124.01 to 124.64 of   1,060        

the Revised Code have been fully complied with.                    1,061        

      (G)(1)  Each board of county commissioners may, by a         1,063        

resolution adopted by a majority of its members, establish a       1,064        

county personnel department to exercise the powers, duties, and    1,065        

functions specified in division (G) of this section.  As used in   1,066        

division (G) of this section, "county personnel department" means  1,067        

a county personnel department established by a board of county     1,068        

commissioners under division (G)(1) of this section.               1,069        

      (2)  Each board of county commissioners may, by a            1,071        

resolution adopted by a majority of its members, designate the     1,072        

county personnel department of the county to exercise the powers,  1,073        

duties, and functions of the department of administrative          1,074        

services and the director of administrative services specified in  1,075        

sections 124.01 to 124.64 and Chapter 325. of the Revised Code,    1,076        

except for the powers and duties of the state personnel board of   1,077        

review, which powers and duties shall not be construed as having   1,078        

been modified or diminished in any manner by division (G)(2) of    1,079        

this section, with respect to the employees for whom the board of  1,080        

county commissioners is the appointing authority or co-appointing  1,081        

authority.  Upon certification of a copy of the resolution by the  1,082        

board to the director, these powers, duties, and functions are     1,083        

vested in and assigned to the county personnel department with     1,084        

respect to the employees for whom the board of county              1,085        

commissioners is the appointing authority or co-appointing         1,086        

authority.  The certification to the director shall be provided    1,087        

not later than one hundred twenty days before the first day of     1,088        

July of an odd-numbered year, and, following the certification,    1,089        

the powers, duties, and functions specified in sections 124.01 to  1,090        

124.64 and Chapter 325. of the Revised Code shall be vested in     1,091        

and assigned to the county personnel department on that first day  1,092        

of July.  Nothing in division (G)(2) of this section shall be      1,093        

construed to limit the right of any employee who possesses the     1,094        

                                                          28     

                                                                 
right of appeal to the state personnel board of review to          1,095        

continue to possess that right of appeal.                          1,096        

      Any board of county commissioners that has established a     1,098        

county personnel department may contract with the department of    1,099        

administrative services, another political subdivision, or an      1,100        

appropriate public or private entity to provide competitive        1,101        

testing services or other appropriate services.                    1,102        

      (3)  After the county personnel department of a county has   1,104        

assumed the powers, duties, and functions of the department of     1,105        

administrative services and the director as described in division  1,106        

(G)(2) of this section, any elected official, board, agency, or    1,107        

other appointing authority of that county may, upon notification   1,108        

to the director, elect to use the services and facilities of the   1,109        

county personnel department.  Upon the acceptance by the director  1,110        

of such notification, the county personnel department shall        1,111        

exercise the powers, duties, and functions of the department of    1,112        

administrative services and the director as described in division  1,113        

(G)(2) of this section with respect to the employees of that       1,114        

elected official, board, agency, or other appointing authority.    1,115        

The notification to the director shall be provided not later than  1,116        

one hundred twenty days before the first day of July of an         1,117        

odd-numbered year, and, following the notification, the powers,    1,118        

duties, and functions specified in sections 124.01 to 124.64 and   1,119        

Chapter 325. of the Revised Code with respect to the employees of  1,120        

that elected official, board, agency, or other appointing          1,121        

authority shall be vested in and assigned to the county personnel  1,122        

department on that first day of July.  Except for those employees  1,123        

under the jurisdiction of the county personnel department, the     1,124        

director shall continue to exercise these powers, duties, and      1,125        

functions with respect to employees of the county.                 1,126        

      (4)  Each board of county commissioners that has             1,128        

established a county personnel department may, by a resolution     1,129        

adopted by a majority of its members, disband the county           1,130        

personnel department and return to the department of               1,131        

                                                          29     

                                                                 
administrative services for the administration of sections 124.01  1,132        

to 124.64 and Chapter 325. of the Revised Code.  The board shall,  1,133        

not later than one hundred twenty days before the first day of     1,134        

July of an odd-numbered year, send the director a certified copy   1,135        

of the resolution disbanding the county personnel department.      1,136        

All powers, duties, and functions previously vested in and         1,137        

assigned to the county personnel department shall return to the    1,138        

director on that first day of July.                                1,139        

      (5)  Any elected official, board, agency, or appointing      1,141        

authority of a county may return to the department of              1,142        

administrative services for the administration of sections 124.01  1,143        

to 124.64 and Chapter 325. of the Revised Code.  The elected       1,144        

official, board, agency, or appointing authority shall, not later  1,145        

than one hundred twenty days before the first day of July of an    1,146        

odd-numbered year, send the director a certified copy of the       1,147        

resolution that states its decision.  All powers, duties, and      1,148        

functions previously vested in and assigned to the county          1,149        

personnel department with respect to the employees of that         1,150        

elected official, board, agency, or appointing authority shall     1,151        

return to the director on that first day of July.                  1,152        

      (6)  The director, by rule adopted in accordance with        1,154        

Chapter 119. of the Revised Code, shall prescribe criteria and     1,155        

procedures for granting to each county personnel department the    1,156        

powers, duties, and functions of the department of administrative  1,157        

services and the director as described in division (G)(2) of this  1,158        

section with respect to the employees of an elected official,      1,159        

board, agency, or other appointing authority or co-appointing      1,160        

authority.  The rules shall cover the following criteria and       1,161        

procedures:                                                        1,162        

      (a)  The notification to the department of administrative    1,164        

services that an elected official, board, agency, or other         1,165        

appointing authority of a county has elected to use the services   1,166        

and facilities of the county personnel department;                 1,167        

      (b)  A requirement that each county personnel department,    1,169        

                                                          30     

                                                                 
in carrying out its duties, adhere to merit system principles      1,170        

with regard to employees of county departments of human services,  1,171        

child support enforcement agencies, and public child welfare       1,172        

agencies so that there is no threatened loss of federal funding    1,173        

for these agencies, and a requirement that the county be           1,174        

financially liable to the state for any loss of federal funds due  1,175        

to the action or inaction of the county personnel department.      1,176        

The costs associated with audits conducted to monitor compliance   1,177        

with division (G)(6)(b) of this section shall be borne equally by  1,178        

the department of administrative services and the county.          1,179        

      (c)  The termination of services and facilities rendered by  1,181        

the department of administrative services, to include rate         1,182        

adjustments, time periods for termination, and other related       1,183        

matters;                                                           1,184        

      (d)  Authorization for the director of administrative        1,186        

services to conduct periodic audits and reviews of county          1,187        

personnel departments to guarantee the uniform application of      1,188        

this granting of his THE DIRECTOR'S powers, duties, and            1,189        

functions.  The costs of the audits and reviews shall be borne     1,191        

equally by the department of administrative services and the       1,192        

county for which the services were performed.                      1,193        

      (e)  The dissemination of audit findings under division      1,195        

(G)(5)(d) of this section, any appeals process relating to         1,196        

adverse findings by the department, and the methods whereby the    1,197        

county personnel program will revert to the authority of the       1,198        

director of administrative services due to misuse or nonuniform    1,199        

application of the authority granted to the county under division  1,200        

(G)(2) or (3) of this section.                                     1,201        

      (H)  The director shall establish the rate and method of     1,203        

compensation for all employees who are paid directly by warrant    1,204        

of the auditor of state and who are serving in positions which     1,205        

the director has determined impracticable to include in the state  1,206        

job classification plan.  This division does not apply to elected  1,207        

officials, legislative employees, employees of the legislative     1,208        

                                                          31     

                                                                 
service commission, employees who are in the unclassified civil    1,209        

service and exempt from collective bargaining coverage in the      1,210        

office of the secretary of state, auditor of state, treasurer of   1,211        

state, and attorney general, employees of the courts, employees    1,212        

of the bureau of workers' compensation whose compensation the      1,213        

administrator of workers' compensation establishes under division  1,214        

(B) of section 4121.121 of the Revised Code, or employees of an    1,215        

appointing authority authorized by law to fix the compensation of  1,216        

those employees.                                                   1,217        

      (I)  The director shall set the rate of compensation and     1,219        

employee benefits for all intermittent, interim, seasonal,         1,220        

temporary, emergency, and casual employees who are not considered  1,221        

public employees for the purposes of Chapter 4117. of the Revised  1,222        

Code.  This rate of compensation and employee benefits shall be    1,223        

equitable in terms of the rate of employees serving in the same    1,224        

or similar classifications.  This division does not apply to       1,225        

elected officials, legislative employees, employees of the         1,226        

legislative service commission, employees who are in the           1,227        

unclassified civil service and exempt from collective bargaining   1,228        

coverage in the office of the secretary of state, auditor of       1,229        

state, treasurer of state, and attorney general, employees of the  1,230        

courts, employees of the bureau of workers' compensation whose     1,231        

compensation the administrator establishes under division (B) of   1,232        

section 4121.121 of the Revised Code, or employees of an                        

appointing authority authorized by law to fix the compensation of  1,233        

those employees.                                                                

      Sec. 124.15.  (A)  Board and commission members appointed    1,245        

prior to July 1, 1991, shall be paid a salary or wage in           1,246        

accordance with the following schedules of rates:                  1,247        

Schedule B                                                         1,249        

              Pay Ranges and Step Values                           1,251        

Range            Step 1        Step 2        Step 3        Step 4  1,253        

23 Hourly          5.72          5.91          6.10          6.31  1,255        

   Annually    11897.60      12292.80      12688.00      13124.80  1,257        

                                                          32     

                                                                 
                 Step 5        Step 6                              1,258        

   Hourly          6.52          6.75                              1,260        

   Annually    13561.60      14040.00                              1,262        

                 Step 1        Step 2        Step 3        Step 4  1,265        

24 Hourly          6.00          6.20          6.41          6.63  1,267        

   Annually    12480.00      12896.00      13332.80      13790.40  1,269        

                 Step 5        Step 6                              1,270        

   Hourly          6.87          7.10                              1,272        

   Annually    14289.60      14768.00                              1,274        

                 Step 1        Step 2        Step 3        Step 4  1,277        

25 Hourly          6.31          6.52          6.75          6.99  1,279        

   Annually    13124.80      13561.60      14040.00      14539.20  1,281        

                 Step 5        Step 6                              1,282        

   Hourly          7.23          7.41                              1,284        

   Annually    15038.40      15412.80                              1,286        

                 Step 1        Step 2        Step 3        Step 4  1,289        

26 Hourly          6.63          6.87          7.10          7.32  1,291        

   Annually    13790.40      14289.60      14768.00      15225.60  1,293        

                 Step 5        Step 6                              1,294        

   Hourly          7.53          7.77                              1,296        

   Annually    15662.40      16161.60                              1,298        

                 Step 1        Step 2        Step 3        Step 4  1,301        

27 Hourly          6.99          7.23          7.41          7.64  1,303        

   Annually    14534.20      15038.40      15412.80      15891.20  1,305        

                 Step 5        Step 6        Step 7                1,307        

   Hourly          7.88          8.15          8.46                1,309        

   Annually    16390.40      16952.00      17596.80                1,311        

                 Step 1        Step 2        Step 3        Step 4  1,313        

28 Hourly          7.41          7.64          7.88          8.15  1,315        

   Annually    15412.80      15891.20      16390.40      16952.00  1,317        

                 Step 5        Step 6        Step 7                1,319        

   Hourly          8.46          8.79          9.15                1,321        

   Annually    17596.80      18283.20      19032.00                1,323        

                 Step 1        Step 2        Step 3        Step 4  1,325        

                                                          33     

                                                                 
29 Hourly          7.88          8.15          8.46          8.79  1,327        

   Annually    16390.40      16952.00      17596.80      18283.20  1,329        

                 Step 5        Step 6        Step 7                1,331        

   Hourly          9.15          9.58         10.01                1,333        

   Annually    19032.00      19926.40      20820.80                1,335        

                 Step 1        Step 2        Step 3        Step 4  1,337        

30 Hourly          8.46          8.79          9.15          9.58  1,339        

   Annually    17596.80      18283.20      19032.00      19926.40  1,341        

                 Step 5        Step 6        Step 7                1,343        

   Hourly         10.01         10.46         10.99                1,345        

   Annually    20820.80      21756.80      22859.20                1,347        

                 Step 1        Step 2        Step 3        Step 4  1,349        

31 Hourly          9.15          9.58         10.01         10.46  1,351        

   Annually    19032.00      19962.40      20820.80      21756.80  1,353        

                 Step 5        Step 6        Step 7                1,355        

   Hourly         10.99         11.52         12.09                1,357        

   Annually    22859.20      23961.60      25147.20                1,359        

                 Step 1        Step 2        Step 3        Step 4  1,361        

32 Hourly         10.01         10.46         10.99         11.52  1,363        

   Annually    20820.80      21756.80      22859.20      23961.60  1,365        

                 Step 5        Step 6        Step 7        Step 8  1,367        

   Hourly         12.09         12.68         13.29         13.94  1,369        

   Annually    25147.20      26374.40      27643.20      28995.20  1,371        

                 Step 1        Step 2        Step 3        Step 4  1,373        

33 Hourly         10.99         11.52         12.09         12.68  1,375        

   Annually    22859.20      23961.60      25147.20      26374.40  1,377        

                 Step 5        Step 6        Step 7        Step 8  1,379        

   Hourly         13.29         13.94         14.63         15.35  1,381        

   Annually    27643.20      28995.20      30430.40      31928.00  1,383        

                 Step 1        Step 2        Step 3        Step 4  1,385        

34 Hourly         12.09         12.68         13.29         13.94  1,387        

   Annually    25147.20      26374.40      27643.20      28995.20  1,389        

                 Step 5        Step 6        Step 7        Step 8  1,391        

   Hourly         14.63         15.35         16.11         16.91  1,393        

                                                          34     

                                                                 
   Annually    30430.40      31928.00      33508.80      35172.80  1,395        

                 Step 1        Step 2        Step 3        Step 4  1,397        

35 Hourly         13.29         13.94         14.63         15.35  1,399        

   Annually    27643.20      28995.20      30430.40      31928.00  1,401        

                 Step 5        Step 6        Step 7        Step 8  1,403        

   Hourly         16.11         16.91         17.73         18.62  1,405        

   Annually    33508.80      35172.80      36878.40      38729.60  1,407        

                 Step 1        Step 2        Step 3        Step 4  1,409        

36 Hourly         14.63         15.35         16.11         16.91  1,411        

   Annually    30430.40      31928.00      33508.80      35172.80  1,413        

                 Step 5        Step 6        Step 7        Step 8  1,415        

   Hourly         17.73         18.62         19.54         20.51  1,417        

   Annually    36878.40      38729.60      40643.20      42660.80  1,419        

Schedule C                                                         1,421        

                      Pay Range and Values                         1,422        

Range                             Minimum                 Maximum  1,424        

41 Hourly                           10.44                   15.72  1,425        

   Annually                      21715.20                32697.60  1,426        

42 Hourly                           11.51                   17.35  1,427        

   Annually                      23940.80                36088.00  1,428        

43 Hourly                           12.68                   19.12  1,429        

   Annually                      26374.40                39769.60  1,430        

44 Hourly                           13.99                   20.87  1,431        

   Annually                      29099.20                43409.60  1,432        

45 Hourly                           15.44                   22.80  1,433        

   Annually                      32115.20                47424.00  1,434        

46 Hourly                           17.01                   24.90  1,435        

   Annually                      35380.80                51792.00  1,436        

47 Hourly                           18.75                   27.18  1,437        

   Annually                      39000.00                56534.40  1,438        

48 Hourly                           20.67                   29.69  1,439        

   Annually                      42993.60                61755.20  1,440        

49 Hourly                           22.80                   32.06  1,441        

   Annually                      47424.00                66684.80  1,442        

                                                          35     

                                                                 
      (B)  The pay schedule of all employees shall be on a         1,445        

biweekly basis, with amounts computed on an hourly basis.          1,446        

      (C)  Part-time employees shall be compensated on an hourly   1,448        

basis for time worked, at the rates shown in division (A) of this  1,449        

section or in section 124.152 of the Revised Code.                 1,450        

      (D)  The salary and wage rates in division (A) of this       1,452        

section or in section 124.152 of the Revised Code represent base   1,453        

rates of compensation and may be augmented by the provisions of    1,454        

section 124.181 of the Revised Code.  In those cases where         1,455        

lodging, meals, laundry, or other personal services are furnished  1,456        

an employee, the actual costs or fair market value thereof shall   1,457        

be paid by the employee in such amounts and manner as determined   1,458        

by the director of administrative services and approved by the     1,459        

director of budget and management, and such services shall not be  1,460        

considered as a part of the employee's compensation.  An           1,461        

appointing authority, with the approval of the director of         1,462        

administrative services and the director of budget and             1,463        

management, may establish payments to employees for uniforms,      1,464        

tools, equipment, and other requirements of the department and     1,465        

payments for the maintenance thereof.                              1,466        

      The director of administrative services may review           1,468        

collective bargaining agreements entered into under Chapter 4117.  1,469        

of the Revised Code that cover state employees and determine       1,470        

whether certain benefits or payments provided to state employees   1,471        

covered by those agreements should also be provided to "exempt     1,472        

employees" as defined in section 124.152 of the Revised Code.  On  1,473        

completing the review, the director of administrative services,    1,474        

with the approval of the director of budget and management, may    1,475        

provide to some or all exempt employees any payment or benefit,    1,476        

except for salary, contained in such a collective bargaining       1,477        

agreement even if a similar payment or benefit is already          1,478        

provided by law to some or all of these exempt employees.  Any     1,479        

payment or benefit so provided shall not exceed the highest level  1,480        

for that payment or benefit specified in such a collective         1,481        

                                                          36     

                                                                 
bargaining agreement.  The director of administrative services     1,482        

shall not provide, and the director of budget and management       1,483        

shall not approve, any payment or benefit to an exempt employee    1,484        

under this division unless the payment or benefit is provided      1,485        

pursuant to a collective bargaining agreement to a state employee  1,486        

who is in a position with similar duties as, supervised by, or     1,487        

employed by the same appointing authority as, the exempt employee  1,488        

to whom the benefit or payment is to be provided.                               

      As used in this division, a payment or benefit provided by   1,490        

law means INCLUDES, BUT IS NOT LIMITED TO, bereavement, personal,  1,492        

vacation, administrative, and sick leave, disability benefits,     1,493        

wages, holiday pay, and pay supplements provided to exempt         1,494        

employees under the Revised Code.                                               

      (E)  New employees paid under schedule B of division (A) of  1,497        

this section or under schedule E-1 of section 124.152 of the       1,498        

Revised Code shall be employed at the minimum rate established     1,499        

for the range unless otherwise provided.  Employees with           1,500        

qualifications that are beyond the minimum normally required for   1,501        

the position and that are determined by the director to be                      

exceptional may be employed in, or may be transferred or promoted  1,502        

to, a position at an advanced step of the range.  Further, in      1,503        

time of a serious labor market condition when it is relatively     1,504        

impossible to recruit employees at the minimum rate for a          1,505        

particular classification the entrance rate may be set at an       1,506        

advanced step in the range by the director of administrative       1,507        

services.  This rate may be limited to geographical regions of     1,508        

the state.  Appointments made to an advanced step under the        1,509        

provision regarding exceptional qualifications shall not affect    1,510        

the step assignment of employees already serving.  However,        1,511        

anytime the hiring rate of an entire classification is advanced    1,512        

to a higher step all incumbents of that classification being paid  1,513        

at a step lower than that being used for hiring, shall be          1,514        

advanced beginning at the start of the first pay period            1,515        

thereafter to the new hiring rate and any time accrued at the      1,516        

                                                          37     

                                                                 
lower step will be used to calculate advancement to a succeeding   1,517        

step.  If the hiring rate of a classification is increased for     1,518        

only a geographical region of the state, then only incumbents who  1,519        

work in that geographical region shall be advanced to a higher     1,520        

step.  When an employee in the classified service is promoted to   1,521        

a higher class, the employee's salary or wage shall be increased   1,522        

to that of the lowest step in the pay range for the new class      1,523        

that will increase the employee's salary or wage by at least four  1,524        

per cent of the base pay.  When an employee in the unclassified    1,525        

service changes from one state position to another, or is          1,526        

appointed to a position in the classified service, or if an        1,527        

employee in the classified service is appointed to a position in   1,528        

the unclassified service, the employee's salary or wage in the     1,529        

new position shall be determined in the same manner as if the      1,530        

employee were an employee in the classified service.  When an      1,531        

employee in the unclassified service who is not eligible for step               

increases is appointed to a classification in the classified       1,532        

service under which step increases are provided, future step       1,533        

increases shall be based on the date on which the employee last    1,534        

received a pay increase.  Future step increases shall be           1,535        

effective on the pay period that is twenty-six pay periods                      

following the employee's last increase.  If the employee has not   1,536        

received an increase during the previous year, the date of the     1,537        

appointment to the classified service shall be used to determine   1,538        

the employee's annual step advancement date.  In assigning or      1,539        

reassigning any employee to a classification or to a new pay       1,541        

range as a result of a promotion, an increase pay range                         

adjustment, or other classification change resulting in a pay      1,542        

range increase, the director shall assign such employee to the     1,543        

step in the new pay range that will provide an increase of         1,544        

approximately four per cent if the new pay range can accommodate   1,545        

the increase.  When assigning an employee to a classification or   1,546        

new pay range as the result of a class plan change, the director   1,547        

shall assign the employee to the lowest step in the new pay range  1,548        

                                                          38     

                                                                 
that does not result in a salary decrease.  If the employee has    1,549        

completed a probationary period, the employee shall be placed in   1,550        

a step no lower than step two of the new pay range.  If the                     

employee has not completed a probationary period, the employee     1,551        

may be placed in step one of the new pay range.  All such pay      1,552        

range adjustments shall be accomplished according to this method,  1,553        

notwithstanding the provisions of Chapter 4117. of the Revised     1,554        

Code or instruments negotiated under Chapter 4117. of the Revised  1,555        

Code and in effect on the effective date of this amendment         1,556        

OCTOBER 25, 1995, except that this section does not prohibit the   1,557        

exclusive representative and employer from negotiating over this   1,558        

subject in collective bargaining agreements that become effective  1,559        

after December 31, 1995.  Such new salary or wage shall become     1,560        

effective on such date as the director determines.                              

      (F)  If employment conditions and the urgency of the work    1,562        

require such action, the director of administrative services may,  1,563        

upon the application of a department head, authorize payment at    1,564        

any rate established within the range for the class of work, for   1,565        

work of a casual or intermittent nature or on a project basis.     1,566        

Payment at such rates shall not be made to the same individual     1,567        

for more than three calendar months in any one calendar year.      1,568        

Any such action shall be subject to the approval of the director   1,569        

of budget and management as to the availability of funds.  This    1,570        

section and sections 124.14 and 124.152 of the Revised Code do     1,571        

not repeal any authority of any department or public official to   1,572        

contract with or fix the compensation of professional persons who  1,573        

may be employed temporarily for work of a casual nature or for     1,574        

work on a project basis.                                           1,575        

      (G)  Each state employee paid under schedule B of this       1,578        

section or under schedule E-1 of section 124.152 of the Revised    1,579        

Code shall be advanced to succeeding steps in the range for the    1,580        

employee's class according to the schedule established in this                  

division.  Beginning on the first day of the pay period within     1,581        

which the employee completes the prescribed probationary period    1,582        

                                                          39     

                                                                 
in the employee's classification with the state, each employee     1,583        

shall receive an automatic salary adjustment equivalent to the     1,584        

next higher step within the pay range for the employee's class or  1,585        

grade.  The base rate of each employee paid under schedule B of    1,586        

this section or under schedule E-1 of section 124.152 of the       1,587        

Revised Code shall advance at annual intervals thereafter, if the  1,588        

employee has maintained satisfactory performance, to the next      1,589        

higher step until the maximum step is reached.  When an employee   1,590        

is promoted or reassigned, or receives a change in pay range,      1,592        

other than as a result of a class plan change, the employee's      1,593        

step indicator shall return to "0."  Step advancement shall not    1,594        

be affected by demotion.  A promoted employee shall advance to                  

the next higher step of the pay range on the first day of the pay  1,595        

period in which the required probationary period is completed.     1,596        

Step advancement shall become effective at the beginning of the    1,597        

pay period within which the employee attains the necessary length  1,598        

of service.  Time spent on authorized leave of absence shall be    1,599        

counted for this purpose.                                          1,600        

      If determined to be in the best interest of the state        1,602        

service, the director of administrative services may, either       1,603        

statewide or in selected agencies, adjust the dates on which       1,604        

annual step increases are received by employees paid under                      

schedule E-1 of section 124.152 of the Revised Code.               1,605        

      (H)  Employees in appointive managerial or professional      1,607        

positions paid under salary schedule C of this section or under    1,608        

salary schedule E-2 of section 124.152 of the Revised Code may be  1,609        

appointed at any rate within the appropriate pay range.  This      1,610        

rate of pay may be adjusted higher or lower within the respective  1,611        

pay range at any time the appointing authority so desires as long  1,612        

as the adjustment is based on the employee's ability to            1,613        

successfully administer those duties assigned to the employee.     1,614        

Salary adjustments shall not be made more frequently than once in  1,615        

any six-month period under this provision to incumbents holding    1,616        

the same position and classification.                              1,617        

                                                          40     

                                                                 
      (I)  When an employee is assigned to duty outside this       1,619        

state, the employee may be compensated, upon request of the        1,620        

department head and with the approval of the director of           1,621        

administrative services at a rate not to exceed fifty per cent in  1,622        

excess of the employee's current base rate for the period of time  1,623        

spent on such duty.                                                             

      (J)  Unless compensation for members of a board or           1,625        

commission is otherwise specifically provided by law, the          1,626        

director of administrative services shall establish the rate and   1,627        

method of payment for members of boards and commissions pursuant   1,628        

to the pay schedules listed in section 124.152 of the Revised      1,629        

Code.                                                              1,630        

      (K)  Regular full-time employees in positions assigned to    1,632        

classes within the instruction and education administration        1,633        

series under the rules of the director of administrative           1,634        

services, except certificated employees on the instructional       1,635        

staff of the state school for the blind or the state school for    1,636        

the deaf, whose positions are scheduled to work on the basis of    1,637        

an academic year rather than a full calendar year, shall be paid   1,638        

according to the pay range assigned by such rules but only during  1,639        

those pay periods included in the academic year of the school      1,640        

where the employee is located.                                     1,641        

      (1)  Part-time or substitute teachers or those whose period  1,643        

of employment is other than the full academic year shall be        1,644        

compensated for the actual time worked at the rate established by  1,645        

this section.                                                      1,646        

      (2)  Employees governed by this division are exempt from     1,648        

sections 124.13 and 124.19 of the Revised Code.                    1,649        

      (3)  Length of service for the purpose of determining        1,651        

eligibility for step increases as provided by division (G) of      1,652        

this section and for the purpose of determining eligibility for    1,653        

longevity pay supplements as provided by division (F) of section   1,654        

124.181 of the Revised Code shall be computed on the basis of one  1,655        

full year of service for the completion of each academic year.     1,656        

                                                          41     

                                                                 
      (L)  The superintendent of the state school for the deaf     1,658        

and the superintendent of the state school for the blind shall,    1,659        

subject to the approval of the superintendent of public            1,660        

instruction, carry out both of the following:                      1,661        

      (1)  Annually, between the first day of April and the last   1,663        

day of June, establish for the ensuing fiscal year a schedule of   1,664        

hourly rates for the compensation of each certificated employee    1,665        

on the instructional staff of that superintendent's respective     1,666        

school constructed as follows:                                     1,667        

      (a)  Determine for each level of training, experience, and   1,669        

other professional qualification for which an hourly rate is set   1,670        

forth in the current schedule, the per cent that rate is of the    1,671        

rate set forth in such schedule for a teacher with a bachelor's    1,672        

degree and no experience.  If there is more than one such rate     1,673        

for such a teacher, the lowest rate shall be used to make the      1,674        

computation.                                                       1,675        

      (b)  Determine which six city, local, and exempted village   1,677        

school districts with territory in Franklin county have in effect  1,678        

on, or have adopted by, the first day of April for the school      1,679        

year that begins on the ensuing first day of July, teacher salary  1,680        

schedules with the highest minimum salaries for a teacher with a   1,681        

bachelor's degree and no experience;                               1,682        

      (c)  Divide the sum of such six highest minimum salaries by  1,684        

ten thousand five hundred sixty;                                   1,685        

      (d)  Multiply each per cent determined in division           1,687        

(L)(1)(a) of this section by the quotient obtained in division     1,688        

(L)(1)(c) of this section;                                         1,689        

      (e)  One hundred five per cent of each product thus          1,691        

obtained shall be the hourly rate for the corresponding level of   1,692        

training, experience, or other professional qualification in the   1,693        

schedule for the ensuing fiscal year.                              1,694        

      (2)  Annually, assign each certificated employee on the      1,696        

instructional staff of his THAT SUPERINTENDENT'S respective        1,697        

school to an hourly rate on the schedule that is commensurate      1,699        

                                                          42     

                                                                 
with the employee's training, experience, and other professional   1,700        

qualifications.                                                                 

      If an employee is employed on the basis of an academic       1,702        

year, the employee's annual salary shall be calculated by          1,703        

multiplying the employee's assigned hourly rate times one          1,704        

thousand seven hundred sixty.  If an employee is not employed on   1,705        

the basis of an academic year, the employee's annual salary shall  1,706        

be calculated in accordance with the following formula:            1,707        

      (a)  Multiply the number of days the employee is required    1,709        

to work pursuant to the employee's contract by eight;              1,710        

      (b)  Multiply the product of division (L)(2)(a) of this      1,712        

section by the employee's assigned hourly rate.                    1,713        

      Each employee shall be paid an annual salary in biweekly     1,715        

installments.  The amount of each installment shall be calculated  1,716        

by dividing the employee's annual salary by the number of          1,717        

biweekly installments to be paid during the year.                  1,718        

      Sections 124.13 and 124.19 of the Revised Code do not apply  1,720        

to an employee who is paid under this division.                    1,721        

      As used in this division, "academic year" means the number   1,723        

of days in each school year that the schools are required to be    1,724        

open for instruction with pupils in attendance.  Upon completing   1,725        

an academic year, an employee paid under this division shall be    1,726        

deemed to have completed one year of service.  An employee paid    1,727        

under this division is eligible to receive a pay supplement under  1,728        

division (L)(1), (2), or (3) of section 124.181 of the Revised     1,729        

Code for which the employee qualifies, but is not eligible to      1,730        

receive a pay supplement under division (L)(4) or (5) of such      1,731        

section.  An employee paid under this division is eligible to      1,732        

receive a pay supplement under division (L)(6) of section 124.181  1,733        

of the Revised Code for which the employee qualifies, except that  1,734        

the supplement is not limited to a maximum of five per cent of     1,735        

the employee's regular base salary in a calendar year.             1,736        

      (M)  Division (A) of this section does not apply to "exempt  1,738        

employees" as defined in section 124.152 of the Revised Code who   1,739        

                                                          43     

                                                                 
are paid under that section.                                       1,740        

      Notwithstanding any other provisions of this chapter, when   1,742        

an employee transfers between bargaining units or transfers out    1,743        

of or into a bargaining unit, the director shall establish the     1,744        

employee's compensation and adjust the maximum leave accrual       1,745        

schedule as he THE DIRECTOR deems equitable.                       1,746        

      Sec. 124.152.  (A)  Beginning on the first day of the pay    1,756        

period that includes July 1, 1994, each exempt employee shall be   1,757        

paid a salary or wage in accordance with the following schedule    1,758        

of rates:                                                          1,759        

Schedule E-1                                                       1,761        

                   Pay Ranges and Step Values                      1,763        

Range            Step 1        Step 2        Step 3        Step 4  1,765        

1  Hourly          7.82          8.16          8.50          8.85  1,766        

   Annually       16266         16973         17680         18408  1,767        

                 Step 1        Step 2        Step 3        Step 4  1,768        

2  Hourly          8.19          8.55          8.91          9.31  1,769        

   Annually       17035         17784         18533         19365  1,770        

                 Step 1        Step 2        Step 3        Step 4  1,771        

3  Hourly          8.59          8.96          9.37          9.79  1,772        

   Annually       17867         18637         19490         20363  1,773        

                 Step 1        Step 2        Step 3        Step 4  1,774        

4  Hourly          9.01          9.43          9.86         10.32  1,775        

   Annually       18741         19614         20509         21466  1,776        

                 Step 1        Step 2        Step 3        Step 4  1,777        

5  Hourly          9.47          9.88         10.32         10.75  1,778        

   Annually       19698         20550         21466         22360  1,779        

                 Step 1        Step 2        Step 3        Step 4  1,780        

6  Hourly          9.97         10.39         10.84         11.29  1,781        

   Annually       20738         21611         22547         23483  1,782        

                 Step 1        Step 2        Step 3        Step 4  1,783        

7  Hourly         10.59         11.00         11.42         11.83  1,784        

   Annually       22027         22880         23754         24606  1,785        

                 Step 5                                            1,786        

                                                          44     

                                                                 
   Hourly         12.29                                            1,787        

   Annually       25563                                            1,788        

                 Step 1        Step 2        Step 3        Step 4  1,789        

8  Hourly         11.20         11.68         12.20         12.73  1,790        

   Annually       23296         24294         25376         26478  1,791        

                 Step 5                                            1,792        

   Hourly         13.28                                            1,793        

   Annually       27622                                            1,794        

                 Step 1        Step 2        Step 3        Step 4  1,795        

9  Hourly         11.94         12.56         13.18         13.84  1,796        

   Annually       24835         26125         27414         28787  1,797        

                 Step 5                                            1,798        

   Hourly         14.54                                            1,799        

   Annually      30,243                                            1,800        

                 Step 1        Step 2        Step 3        Step 4  1,801        

10 Hourly         12.89         13.59         14.33         15.13  1,802        

   Annually       26811         28267         29806         31470  1,803        

                 Step 5                                            1,804        

   Hourly         15.95                                            1,805        

   Annually       33176                                            1,806        

                 Step 1        Step 2        Step 3        Step 4  1,807        

11 Hourly         14.03         14.85         15.71         16.59  1,808        

   Annually       29182         30888         32677         34507  1,809        

                 Step 5                                            1,810        

   Hourly         17.53                                            1,811        

   Annually       36462                                            1,812        

                 Step 1        Step 2        Step 3        Step 4  1,813        

12 Hourly         15.48         16.34         17.22         18.17  1,814        

   Annually       32198         33987         35818         37794  1,815        

                 Step 5        Step 6                              1,816        

   Hourly         19.18         20.24                              1,817        

   Annually       39894         42099                              1,818        

                 Step 1        Step 2        Step 3        Step 4  1,819        

13 Hourly         17.06         17.99         18.97         20.01  1,820        

                                                          45     

                                                                 
   Annually       35485         37419         39458         41621  1,821        

                 Step 5        Step 6                              1,822        

   Hourly         21.12         22.27                              1,823        

   Annually       43930         46322                              1,824        

                 Step 1        Step 2        Step 3        Step 4  1,825        

14 Hourly         18.76         19.80         20.89         22.03  1,826        

   Annually       39021         41184         43451         45822  1,827        

                 Step 5        Step 6                              1,828        

   Hourly         23.27         24.56                              1,829        

   Annually       48402         51085                              1,830        

                 Step 1        Step 2        Step 3        Step 4  1,831        

15 Hourly         20.62         21.76         22.99         24.26  1,832        

   Annually       42890         45261         47819         50461  1,833        

                 Step 5        Step 6                              1,834        

   Hourly         25.60         27.02                              1,835        

   Annually       53248         56202                              1,836        

                 Step 1        Step 2        Step 3        Step 4  1,837        

16 Hourly         22.72         23.98         25.31         26.72  1,838        

   Annually       47258         49878         52645         55578  1,839        

                 Step 5        Step 6                              1,840        

   Hourly         28.19         29.78                              1,841        

   Annually       58635         61942                              1,842        

                 Step 1        Step 2        Step 3        Step 4  1,843        

17 Hourly         25.04         26.42         27.89         29.44  1,844        

   Annually       52083         54954         58011         61235  1,845        

                 Step 5        Step 6                              1,846        

   Hourly         31.08         32.82                              1,847        

   Annually       64646         68266                              1,848        

                 Step 1        Step 2        Step 3        Step 4  1,849        

18 Hourly         27.59         29.12         30.74         32.45  1,850        

   Annually       57387         60570         63939         67496  1,851        

                 Step 5        Step 6                              1,852        

   Hourly         34.24         36.15                              1,853        

   Annually       71219         75192                              1,854        

                                                          46     

                                                                 
                          Schedule E-2                             1,856        

Range                             Minimum                 Maximum  1,858        

41 Hourly                           15.15                   22.80  1,859        

   Annually                         31512                   47424  1,860        

42 Hourly                           16.70                   25.18  1,861        

   Annually                         34736                   52374  1,862        

43 Hourly                           18.39                   27.74  1,863        

   Annually                         38251                   57699  1,864        

44 Hourly                           20.29                   30.29  1,865        

   Annually                         42203                   63003  1,866        

45 Hourly                           22.41                   33.09  1,867        

   Annually                         46613                   68827  1,868        

46 Hourly                           24.67                   36.14  1,869        

   Annually                         51314                   75171  1,870        

47 Hourly                           27.20                   39.44  1,871        

   Annually                         56576                   82035  1,872        

48 Hourly                           30.00                   43.06  1,873        

   Annually                         62400                   89565  1,874        

49 Hourly                           33.09                   46.49  1,875        

   Annually                         68827                   96699  1,876        

      (B)  Beginning on the first day of the pay period that       1,879        

includes July 1, 1995, each exempt employee shall be paid a        1,880        

salary or wage in accordance with the following schedule of        1,881        

rates:                                                             1,882        

Schedule E-1                                                       1,884        

                   Pay Ranges and Step Values                      1,885        

Range            Step 1        Step 2        Step 3        Step 4  1,886        

1  Hourly          8.13          8.49          8.84          9.20  1,887        

   Annually       16910         17659         18387         19136  1,888        

                 Step 1        Step 2        Step 3        Step 4  1,889        

2  Hourly          8.52          8.89          9.27          9.68  1,890        

   Annually       17722         18491         19282         20134  1,891        

                 Step 1        Step 2        Step 3        Step 4  1,892        

3  Hourly          8.93          9.32          9.74         10.18  1,893        

                                                          47     

                                                                 
   Annually       18574         19386         20259         21174  1,894        

                 Step 1        Step 2        Step 3        Step 4  1,895        

4  Hourly          9.37          9.81         10.25         10.73  1,896        

   Annually       19490         20405         21320         22318  1,897        

                 Step 1        Step 2        Step 3        Step 4  1,898        

5  Hourly          9.85         10.28         10.73         11.18  1,899        

   Annually       20488         21382         22318         23254  1,900        

                 Step 1        Step 2        Step 3        Step 4  1,901        

6  Hourly         10.37         10.81         11.27         11.74  1,902        

   Annually       21570         22485         23442         24419  1,903        

                 Step 1        Step 2        Step 3        Step 4  1,904        

7  Hourly         11.01         11.44         11.88         12.30  1,905        

   Annually       22901         23795         24710         25584  1,906        

                 Step 5                                            1,907        

   Hourly         12.78                                            1,908        

   Annually       26582                                            1,909        

                 Step 1        Step 2        Step 3        Step 4  1,910        

8  Hourly         11.65         12.15         12.69         13.24  1,911        

   Annually       24232         25272         26395         27539  1,912        

                 Step 5                                            1,913        

   Hourly         13.81                                            1,914        

   Annually       28725                                            1,915        

                 Step 1        Step 2        Step 3        Step 4  1,916        

9  Hourly         12.42         13.06         13.71         14.39  1,917        

   Annually       25834         27165         28517         29931  1,918        

                 Step 5                                            1,919        

   Hourly         15.12                                            1,920        

   Annually       31450                                            1,921        

                 Step 1        Step 2        Step 3        Step 4  1,922        

10 Hourly         13.41         14.13         14.90         15.74  1,923        

   Annually       27893         29390         30992         32739  1,924        

                 Step 5                                            1,925        

   Hourly         16.59                                            1,926        

   Annually       34507                                            1,927        

                                                          48     

                                                                 
                 Step 1        Step 2        Step 3        Step 4  1,928        

11 Hourly         14.59         15.44         16.34         17.25  1,929        

   Annually       30347         32115         33987         35880  1,930        

                 Step 5                                            1,931        

   Hourly         18.23                                            1,932        

   Annually       37918                                            1,933        

                 Step 1        Step 2        Step 3        Step 4  1,934        

12 Hourly         16.10         16.99         17.91         18.90  1,935        

   Annually       33488         35339         37253         39312  1,936        

                 Step 5        Step 6                              1,937        

   Hourly         19.95         21.05                              1,938        

   Annually       41496         43784                              1,939        

                 Step 1        Step 2        Step 3        Step 4  1,940        

13 Hourly         17.74         18.71         19.73         20.81  1,941        

   Annually       36899         38917         41038         43285  1,942        

                 Step 5        Step 6                              1,943        

   Hourly         21.96         23.16                              1,944        

   Annually       45677         48173                              1,945        

                 Step 1        Step 2        Step 3        Step 4  1,946        

14 Hourly         19.51         20.59         21.73         22.91  1,947        

   Annually       40581         42827         45198         47653  1,948        

                 Step 5        Step 6                              1,949        

   Hourly         24.20         25.54                              1,950        

   Annually       50336         53123                              1,951        

                 Step 1        Step 2        Step 3        Step 4  1,952        

15 Hourly         21.44         22.63         23.91         25.23  1,953        

   Annually       44595         47070         49733         52478  1,954        

                 Step 5        Step 6                              1,955        

   Hourly         26.62         28.10                              1,956        

   Annually       55370         58448                              1,957        

                 Step 1        Step 2        Step 3        Step 4  1,958        

16 Hourly         23.63         24.94         26.32         27.79  1,959        

   Annually       49150         51875         54746         57803  1,960        

                 Step 5        Step 6                              1,961        

                                                          49     

                                                                 
   Hourly         29.32         30.97                              1,962        

   Annually       60986         64418                              1,963        

                 Step 1        Step 2        Step 3        Step 4  1,964        

17 Hourly         26.04         27.48         29.01         30.62  1,965        

   Annually       54163         57158         60341         63690  1,966        

                 Step 5        Step 6                              1,967        

   Hourly         32.32         34.13                              1,968        

   Annually       67226         70990                              1,969        

                 Step 1        Step 2        Step 3        Step 4  1,970        

18 Hourly         28.69         30.28         31.97         33.75  1,971        

   Annually       59675         62982         66498         70200  1,972        

                 Step 5        Step 6                              1,973        

   Hourly         35.61         37.60                              1,974        

   Annually       74069         78208                              1,975        

Schedule E-2                                                       1,977        

Range                             Minimum                 Maximum  1,979        

41 Hourly                           15.76                   23.71  1,980        

   Annually                         32781                   49317  1,981        

42 Hourly                           17.37                   26.19  1,982        

   Annually                         36130                   54475  1,983        

43 Hourly                           19.13                   28.85  1,984        

   Annually                         39790                   60008  1,985        

44 Hourly                           21.10                   31.50  1,986        

   Annually                         43888                   65520  1,987        

45 Hourly                           23.31                   34.41  1,988        

   Annually                         48485                   71573  1,989        

46 Hourly                           25.66                   37.59  1,990        

   Annually                         53373                   78187  1,991        

47 Hourly                           28.29                   41.02  1,992        

   Annually                         58843                   85322  1,993        

48 Hourly                           31.20                   44.78  1,994        

   Annually                         64896                   93142  1,995        

49 Hourly                           34.41                   48.35  1,996        

   Annually                         71573                  100568  1,997        

                                                          50     

                                                                 
      (C)  Beginning on the first day of the pay period that       1,999        

includes July 1, 1996, each exempt employee shall be paid a        2,000        

salary or wage in accordance with the following schedule of        2,001        

rates:                                                             2,002        

Schedule E-1                                                       2,004        

                   Pay Ranges and Step Values                      2,005        

Range            Step 1        Step 2        Step 3        Step 4  2,007        

1  Hourly          8.37          8.74          9.11          9.48  2,008        

   Annually       17410         18179         18949         19718  2,009        

                 Step 1        Step 2        Step 3        Step 4  2,010        

2  Hourly          8.78          9.16          9.55          9.97  2,011        

   Annually       18262         19053         19864         20738  2,012        

                 Step 1        Step 2        Step 3        Step 4  2,013        

3  Hourly          9.20          9.60         10.03         10.49  2,014        

   Annually       19136         19968         20862         21819  2,015        

                 Step 1        Step 2        Step 3        Step 4  2,016        

4  Hourly          9.65         10.10         10.56         11.05  2,017        

   Annually       20072         21008         21965         22984  2,018        

                 Step 1        Step 2        Step 3        Step 4  2,019        

5  Hourly         10.15         10.59         11.05         11.52  2,020        

   Annually       21112         22027         22984         23962  2,021        

                 Step 1        Step 2        Step 3        Step 4  2,022        

6  Hourly         10.68         11.13         11.61         12.09  2,023        

   Annually       22214         23150         24149         25147  2,024        

                 Step 1        Step 2        Step 3        Step 4  2,025        

7  Hourly         11.34         11.78         12.24         12.67  2,026        

   Annually       23587         24502         25459         26354  2,027        

                 Step 5                                            2,028        

   Hourly         13.16                                            2,029        

   Annually       27373                                            2,030        

                 Step 1        Step 2        Step 3        Step 4  2,031        

8  Hourly         12.00         12.51         13.07         13.64  2,032        

   Annually       24960         26021         27186         28371  2,033        

                 Step 5                                            2,034        

                                                          51     

                                                                 
   Hourly         14.22                                            2,035        

   Annually       29578                                            2,036        

                 Step 1        Step 2        Step 3        Step 4  2,037        

9  Hourly         12.79         13.45         14.12         14.82  2,038        

   Annually       26603         27976         29370         30826  2,039        

                 Step 5                                            2,040        

   Hourly         15.57                                            2,041        

   Annually       32386                                            2,042        

                 Step 1        Step 2        Step 3        Step 4  2,043        

10 Hourly         13.81         14.55         15.35         16.21  2,044        

   Annually       28725         30264         31928         33717  2,045        

                 Step 5                                            2,046        

   Hourly         17.09                                            2,047        

   Annually       35547                                            2,048        

                 Step 1        Step 2        Step 3        Step 4  2,049        

11 Hourly         15.03         15.90         16.83         17.77  2,050        

   Annually       31262         33072         35006         36962  2,051        

                 Step 5                                            2,052        

   Hourly         18.78                                            2,053        

   Annually       39062                                            2,054        

                 Step 1        Step 2        Step 3        Step 4  2,055        

12 Hourly         16.58         17.50         18.45         19.47  2,056        

   Annually       34486         36400         38376         40498  2,057        

                 Step 5        Step 6                              2,058        

   Hourly         20.55         21.68                              2,059        

   Annually       42744         45094                              2,060        

                 Step 1        Step 2        Step 3        Step 4  2,061        

13 Hourly         18.27         19.27         20.32         21.43  2,062        

   Annually       38002         40082         42266         44574  2,063        

                 Step 5        Step 6                              2,064        

   Hourly         22.62         23.85                              2,065        

   Annually       47050         49608                              2,066        

                 Step 1        Step 2        Step 3        Step 4  2,067        

14 Hourly         20.10         21.21         22.38         23.60  2,068        

                                                          52     

                                                                 
   Annually       41808         44117         46550         49088  2,069        

                 Step 5        Step 6                              2,070        

   Hourly         24.93         26.31                              2,071        

   Annually       51854         54725                              2,072        

                 Step 1        Step 2        Step 3        Step 4  2,073        

15 Hourly         22.08         23.31         24.63         25.99  2,074        

   Annually       45926         48485         51230         54059  2,075        

                 Step 5        Step 6                              2,076        

   Hourly         27.42         28.94                              2,077        

   Annually       57034         60195                              2,078        

                 Step 1        Step 2        Step 3        Step 4  2,079        

16 Hourly         24.34         25.69         27.11         28.62  2,080        

   Annually       50627         53435         56389         59530  2,081        

                 Step 5        Step 6                              2,082        

   Hourly         30.20         31.90                              2,083        

   Annually       62816         66352                              2,084        

                 Step 1        Step 2        Step 3        Step 4  2,085        

17 Hourly         26.82         28.30         29.88         31.54  2,086        

   Annually       55786         58864         62150         65603  2,087        

                 Step 5        Step 6                              2,088        

   Hourly         33.29         35.15                              2,089        

   Annually       69243         73112                              2,090        

                 Step 1        Step 2        Step 3        Step 4  2,091        

18 Hourly         29.55         31.19         32.93         34.76  2,092        

   Annually       61464         64875         68494         72301  2,093        

                 Step 5        Step 6                              2,094        

   Hourly         36.68         38.73                              2,095        

   Annually       76294         80558                              2,096        

Schedule E-2                                                       2,099        

Range                             Minimum                 Maximum  2,101        

41 Hourly                           16.23                   24.42  2,102        

   Annually                         33758                   50794  2,103        

42 Hourly                           17.89                   26.98  2,104        

   Annually                         37211                   56118  2,105        

                                                          53     

                                                                 
43 Hourly                           19.70                   29.72  2,106        

   Annually                         40976                   61818  2,107        

44 Hourly                           21.73                   32.45  2,108        

   Annually                         45198                   67496  2,109        

45 Hourly                           24.01                   35.44  2,110        

   Annually                         49941                   73715  2,111        

46 Hourly                           26.43                   38.72  2,112        

   Annually                         54974                   80538  2,113        

47 Hourly                           29.14                   42.25  2,114        

   Annually                         60611                   87880  2,115        

48 Hourly                           32.14                   46.12  2,116        

   Annually                         66851                   95930  2,117        

49 Hourly                           35.44                   49.80  2,118        

   Annually                         73715                  103584  2,119        

      (D)  As used in this section, "exempt employee" means a      2,121        

permanent full-time or permanent part-time employee paid directly  2,122        

by warrant of the auditor of state whose position is included in   2,123        

the job classification plan established under division (A) of      2,124        

section 124.14 of the Revised Code but who is not considered a     2,125        

public employee for the purposes of Chapter 4117. of the Revised   2,126        

Code.  As used in this section, "exempt employee" also includes a  2,127        

permanent full-time or permanent part-time employee of the         2,128        

secretary of state, auditor of state, treasurer of state, or       2,129        

attorney general who has not been placed in an appropriate         2,130        

bargaining unit by the state employment relations board.           2,131        

      Sec. 124.18.  (A)  Forty hours shall be the standard work    2,140        

week for all employees whose salary or wage is paid in whole or    2,141        

in part by the state or by any state-supported college or          2,142        

university.  When any employee whose salary or wage is paid in     2,143        

whole or in part by the state or by any state-supported college    2,144        

or university is required by an authorized administrative          2,145        

authority to be in an active pay status WORK more than forty       2,146        

hours in any calendar week, the employee shall be compensated for  2,148        

such time over forty hours, except as otherwise provided in this   2,150        

                                                          54     

                                                                 
section, at one and one-half times the employee's regular rate of  2,151        

pay.  A flexible hours employee is not entitled to compensation    2,153        

for overtime work unless the employee's authorized administrative  2,154        

authority required the employee to be in active pay status WORK    2,156        

for more than forty hours in a calendar week, regardless of the    2,158        

number of hours the employee works on any day in the same          2,159        

calendar week.                                                                  

      The authorized administrative authority shall be designated  2,161        

by the appointing authority to the director of administrative      2,162        

services.  Such compensation for overtime work shall be paid no    2,163        

later than at the conclusion of the next succeeding pay period.    2,164        

      If the employee elects to take compensatory time off in      2,166        

lieu of overtime pay, for any overtime worked, such compensatory   2,167        

time shall be granted by the employee's administrative superior,   2,169        

on a time and one-half basis, at a time mutually convenient to     2,170        

the employee and the administrative superior.  An employee may     2,171        

accrue compensatory time to a maximum of two hundred forty hours,  2,172        

except that public safety employees and other employees who meet   2,173        

the criteria established in the "Federal Fair Labor Standards Act  2,174        

of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may     2,175        

accrue a maximum of four hundred eighty hours of compensatory      2,176        

time.  An employee shall be paid at the employee's regular rate    2,178        

of pay for any hours of compensatory time accrued in excess of     2,179        

these maximum amounts if the employee has not used the             2,180        

compensatory time within one hundred eighty days after it is       2,181        

granted, if the employee transfers to another agency of the        2,182        

state, or if a change in the employee's status exempts the         2,183        

employee from the payment of overtime compensation.  Upon the      2,185        

termination of employment, any employee with accrued but unused    2,186        

compensatory time shall be paid for that time at a rate that is    2,187        

the greater of the employee's final regular rate of pay or the     2,188        

employee's average regular rate of pay during the employee's last  2,189        

three years of employment with the state.                          2,190        

      No overtime, as described in this section, can be paid       2,192        

                                                          55     

                                                                 
unless it has been authorized by the authorized administrative     2,193        

authority.  Employees may be exempted from the payment of          2,194        

compensation as required by this section only under the criteria   2,195        

for exemption from the payment of overtime compensation            2,196        

established in the "Federal Fair Labor Standards Act of 1938," 52  2,197        

Stat. 1060, 29 U.S.C.A. 207, 213, as amended.  With the approval   2,198        

of the director of administrative services, the appointing         2,199        

authority may establish a policy to grant compensatory time or to  2,200        

pay compensation to state employees who are exempt from overtime   2,201        

compensation.  With the approval of the board of county            2,202        

commissioners, a county human services department may establish a  2,203        

policy to grant compensatory time or to pay compensation to        2,204        

employees of the department who are exempt from overtime           2,205        

compensation.                                                                   

      (B)  An employee, whose salary or wage is paid in whole or   2,207        

in part by the state, shall be paid for the holidays declared in   2,208        

section 124.19 of the Revised Code and shall not be required to    2,209        

work on such holidays, unless in the opinion of the employee's     2,210        

responsible administrative authority failure to work on such       2,211        

holidays would impair the public service.  An employee shall not   2,212        

be paid for a holiday unless the employee was in active pay        2,213        

status on the scheduled work day immediately preceding the         2,215        

holiday.  In the event that any of the holidays declared in        2,216        

section 124.19 of the Revised Code should fall on Saturday, the    2,217        

Friday immediately preceding shall be observed as the holiday.     2,218        

In the event that any of the holidays declared in section 124.19   2,219        

of the Revised Code should fall on Sunday, the Monday immediately  2,220        

succeeding shall be observed as the holiday.  If an employee's     2,221        

work schedule is other than Monday through Friday, the employee    2,222        

shall be entitled to holiday pay for holidays observed on the      2,224        

employee's day off regardless of the day of the week on which      2,226        

they are observed.  A full-time permanent employee is entitled to  2,227        

eight hours of pay for each holiday regardless of the employee's   2,228        

work shift and work schedule.  A flexible hours employee is        2,229        

                                                          56     

                                                                 
entitled to holiday pay for the number of hours for which the      2,230        

employee normally would have been scheduled to work.  Part-time    2,231        

permanent employees shall be paid holiday pay for that portion of  2,232        

any holiday for which they would normally have been scheduled to   2,233        

work.  When an employee who is eligible for overtime pay under     2,234        

this section is required by the employee's responsible             2,235        

administrative authority to work on the day observed as a          2,237        

holiday, the employee shall be entitled to pay for such time       2,239        

worked at one and one-half times the employee's regular rate of    2,240        

pay in addition to the employee's regular pay, or to be granted    2,242        

compensatory time off at time and one-half thereafter, at the      2,243        

employee's option.  Payment at such rate shall be excluded in the  2,244        

calculation of hours in active pay status.                                      

      (C)  Each appointing authority may designate the number of   2,246        

employees in an agency who are flexible hours employees.  The      2,247        

appointing authority may establish for each flexible hours         2,248        

employee a specified minimum number of hours to be worked each     2,249        

day that is consistent with the "Federal Fair Labor Standards Act  2,250        

of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.         2,251        

      (D)  This section shall be uniformly administered by the     2,253        

director of administrative services for employees as defined in    2,254        

section 124.01 of the Revised Code and by the personnel            2,255        

departments of state-supported colleges and universities for       2,256        

employees of state-supported colleges and universities.            2,257        

      (E)  Policies relating to the payment of overtime pay or     2,259        

the granting of compensatory time off shall be adopted by the      2,261        

executive secretary of the house of representatives for employees  2,262        

of the house of representatives, by the clerk of the senate for    2,263        

employees of the senate, and by the director of the legislative    2,264        

service commission for all other legislative employees.            2,265        

      (F)  As used in this section, "regular rate of pay" means    2,268        

the base rate of pay an employee receives plus any pay             2,269        

supplements received pursuant to section 124.181 of the Revised    2,270        

Code.                                                                           

                                                          57     

                                                                 
      Sec. 124.181.  (A)  Except as provided in division (M) of    2,279        

this section, any employee paid under schedule B of section        2,281        

124.15 or under schedule E-1 of section 124.152 of the Revised     2,282        

Code is eligible for the pay supplements provided herein upon      2,283        

application by the appointing authority substantiating the                      

employee's qualifications for the supplement and with the          2,284        

approval of the director of administrative services except as      2,285        

provided in division (E) of this section.                          2,286        

      (B)  In computing any of the pay supplements provided in     2,288        

this section the classification salary base shall be the minimum   2,289        

hourly rate of the pay range, provided in section 124.15 or        2,290        

124.152 of the Revised Code, in which the employee is assigned at  2,291        

the time of computation.                                           2,292        

      (C)  The effective date of any pay supplement, unless        2,294        

otherwise provided herein, shall be determined by the director.    2,295        

      (D)  The director shall, by rule, establish standards        2,297        

regarding the administration of this section.                      2,298        

      (E)  Except as otherwise provided in this division,          2,300        

beginning on the first day of the pay period within which the      2,301        

employee completes five years of total service with the state      2,302        

government or any of its political subdivisions, each employee in  2,303        

positions paid under salary schedule B of section 124.15 or under  2,306        

salary schedule E-1 of section 124.152 of the Revised Code shall   2,307        

receive an automatic salary adjustment equivalent to two and       2,308        

one-half per cent of the classification salary base, to the        2,309        

nearest whole cent.  Each employee shall receive thereafter an     2,310        

annual adjustment equivalent to one-half of one per cent of the    2,311        

employee's classification salary base, to the nearest whole cent,  2,312        

for each additional year of qualified employment until a maximum   2,313        

of ten per cent of the employee's classification salary base is    2,314        

reached.  The granting of longevity adjustments shall not be       2,315        

affected by promotion, demotion, or other changes in               2,316        

classification held by the employee, nor by any change in pay      2,317        

range for the employee's class.  Longevity pay adjustments shall   2,319        

                                                          58     

                                                                 
become effective at the beginning of the pay period within which   2,320        

the employee completes the necessary length of service, except     2,322        

that when an employee requests credit for prior service, the       2,323        

effective date of the prior service credit and of any longevity    2,324        

adjustment shall be the first day of the pay period following      2,325        

approval of the credit by the director of administrative           2,326        

services.  No employee, other than an employee who submits proof   2,327        

of prior service within ninety days after the date of the          2,328        

employee's hiring, shall receive any longevity adjustment for the               

period prior to the director's approval of a prior service         2,329        

credit.  Time spent on authorized leave of absence shall be        2,330        

counted for this purpose.                                          2,331        

      An employee who has retired in accordance with the           2,333        

provisions of any retirement system offered by the state and who   2,334        

is employed by the state or any political subdivision of the       2,335        

state on or after June 24, 1987, shall not have prior service      2,336        

with the state or any political subdivision of the state counted   2,337        

for the purpose of determining the amount of the salary            2,338        

adjustment provided under this division.                           2,339        

      (F)  When an exceptional condition exists that creates a     2,341        

temporary or a permanent hazard for one or more positions in a     2,342        

class paid under schedule B of section 124.15 or under salary      2,344        

schedule E-1 of section 124.152 of the Revised Code, a special     2,346        

hazard salary adjustment may be granted for the time the employee  2,347        

is subjected to the hazardous condition.  All special hazard       2,348        

conditions shall be identified for each position and incidence     2,349        

from information submitted to the director on an appropriate form  2,350        

provided by the director and categorized into standard conditions  2,351        

of:  some unusual hazard not common to the class; considerable     2,352        

unusual hazard not common to the class; and exceptional hazard     2,353        

not common to the class.                                                        

      (1)  A hazardous salary adjustment of five per cent of the   2,355        

employee's classification salary base may be applied in the case   2,356        

of some unusual hazardous condition not common to the class for    2,357        

                                                          59     

                                                                 
those hours worked, or a fraction thereof, while the employee was  2,358        

subject to the unusual hazard condition.                           2,359        

      (2)  A hazardous salary adjustment of seven and one-half     2,361        

per cent of the employee's classification salary base may be       2,362        

applied in the case of some considerable hazardous condition not   2,363        

common to the class for those hours worked, or a fraction          2,364        

thereof, while the employee was subject to the considerable        2,365        

hazard condition.                                                  2,366        

      (3)  A hazardous salary adjustment of ten per cent of the    2,368        

employee's classification salary base may be applied in the case   2,369        

of some exceptional hazardous condition not common to the class    2,370        

for those hours, or a fraction thereof, when the employee was      2,371        

subject to the exceptional hazard condition.                       2,372        

      (4)  Each claim for temporary hazard pay shall be submitted  2,374        

as a separate payment and shall be subject to an administrative    2,375        

audit by the director as to the extent and duration of the         2,376        

employee's exposure to the hazardous condition.                    2,377        

      (G)  When a full-time employee whose rate of pay for a       2,379        

normal biweekly pay period is less than a rate equivalent to pay   2,381        

range 29, step 2, salary schedule B, or pay range 9, salary        2,382        

schedule E-1 of section 124.152 of the Revised Code SALARY OR      2,383        

WAGE IS PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE AND WHO   2,384        

ALSO IS ELIGIBLE FOR OVERTIME UNDER THE "FAIR LABOR STANDARDS ACT  2,386        

OF 1938," 52 STAT. 1060, 29 U.S.C.A. 207, 213, AS AMENDED, is      2,387        

ordered by the appointing authority to report back to work after   2,388        

termination of the employee's regular work schedule and the        2,389        

employee reports, the employee shall be paid for such time.  The   2,391        

minimum the employee shall receive for reporting is an amount      2,392        

equal to four times the employee's hourly base salary BE ENTITLED  2,393        

TO FOUR HOURS AT THE EMPLOYEE'S TOTAL RATE OF PAY OR OVERTIME      2,394        

COMPENSATION FOR THE ACTUAL HOURS WORKED, WHICHEVER IS GREATER.    2,395        

This division does not apply to work that is a continuation of or  2,397        

immediately preceding an employee's regular work schedule.  An     2,398        

appointing authority may apply to the director to pay the          2,399        

                                                          60     

                                                                 
supplement provided by this division to employees who are at a     2,400        

higher pay range than those established by this division.          2,401        

      (H)  When a certain position or positions paid under         2,403        

schedule B of section 124.15 or under salary schedule E-1 of       2,405        

section 124.152 of the Revised Code require the ability to speak   2,406        

or write a language other than English a special pay supplement    2,407        

may be granted to attract bilingual individuals, to encourage      2,408        

present employees to become proficient in other languages or to    2,409        

retain qualified bilingual employees.  The bilingual pay           2,410        

supplement provided herein may be granted in the amount of five    2,411        

per cent of the employee's classification salary base for each     2,412        

required foreign language and shall remain in effect as long as    2,413        

the bilingual requirement exists.                                  2,414        

      (I)  The director may establish a shift differential for     2,416        

employees.  Such differential shall be paid to employees in        2,417        

positions working in other than the regular or first shift.  In    2,418        

those divisions or agencies where only one shift prevails, no      2,419        

shift differential shall be paid regardless of the hours of the    2,420        

day that are worked.  The director and the appointing authority    2,421        

shall designate which positions shall be covered by this section.  2,422        

      (J)  Whenever an employee is assigned to work in a higher    2,424        

level position for a continuous period of more than two weeks but  2,425        

no more than two years because of a vacancy, the employee's pay    2,427        

may be established at a rate that is at least five per cent above  2,428        

the employee's current base rate for the period the employee       2,429        

occupies the position provided that this temporary occupancy is    2,430        

approved by the director.  Employees paid under this provision     2,431        

shall continue to receive any of the pay supplements due them      2,432        

under provisions of this section based on the step one base rate   2,433        

for their normal classification.                                   2,434        

      (K)  If a certain position, or positions, within a class     2,436        

paid schedule B of section 124.15 or under salary schedule E-1 of  2,439        

section 124.152 of the Revised Code are mandated by state or       2,440        

federal law or regulation or other regulatory agency or other      2,441        

                                                          61     

                                                                 
certification authority to have special technical certification,   2,442        

registration, or licensing to perform the functions which are      2,443        

under the mandate a special professional achievement pay           2,444        

supplement may be granted.  This special professional achievement  2,445        

pay supplement shall not be granted when all incumbents in all     2,446        

positions in a class require license as provided in the            2,447        

classification description published by the department of          2,448        

administrative services; to licensees where no special or          2,449        

extensive training is required; when certification is granted      2,450        

upon completion of a stipulated term of in-service training; when  2,451        

an appointing authority has required certification; or any other   2,452        

condition prescribed by the director.                                           

      (1)  Before this supplement may be applied, evidence as to   2,454        

the requirement must be provided by the agency for each position   2,455        

involved and certification received from the director as to the    2,456        

director's concurrence for each of the positions so affected.      2,457        

      (2)  The professional achievement pay supplement provided    2,459        

herein shall be granted in an amount up to ten per cent of the     2,460        

employee's classification salary base and shall remain in effect   2,461        

as long as the mandate exists.                                     2,462        

      (L)  Those employees assigned to teaching supervisory,       2,464        

principal, assistant principal, or superintendent positions who    2,465        

have attained a higher educational level than a basic bachelor's   2,466        

degree may receive an educational pay supplement to remain in      2,467        

effect as long as the employee's assignment and classification     2,468        

remain the same.                                                   2,469        

      (1)  An educational pay supplement of two and one-half per   2,471        

cent of the employee's classification salary base may be applied   2,472        

upon the achievement of a bachelor's degree plus twenty quarter    2,473        

hours of postgraduate work.                                        2,474        

      (2)  An educational pay supplement of an additional five     2,476        

per cent of the employee's classification salary base may be       2,477        

applied upon achievement of a master's degree.                     2,478        

      (3)  An educational pay supplement of an additional two and  2,480        

                                                          62     

                                                                 
one-half per cent of the employee's classification salary base     2,481        

may be applied upon achievement of a master's degree plus thirty   2,482        

quarter hours of postgraduate work.                                2,483        

      (4)  An educational pay supplement of five per cent of the   2,485        

employee's classification salary base may be applied when the      2,486        

employee is performing as a master teacher.                        2,487        

      (5)  An educational pay supplement of five per cent of the   2,489        

employee's classification salary base may be applied when the      2,490        

employee is performing as a special education teacher.             2,491        

      (6)  Those employees in teaching supervisory, principal,     2,493        

assistant principal, or superintendent positions who are           2,494        

responsible for specific extracurricular activity programs shall   2,495        

receive overtime pay for those hours worked in excess of their     2,496        

normal schedule, at their straight time hourly rate up to a        2,497        

maximum of five per cent of their regular base salary in any       2,498        

calendar year.                                                     2,499        

      (M)  A state agency, board, or commission may establish a    2,501        

supplementary compensation schedule for those licensed physicians  2,502        

employed by the agency, board, or commission in positions          2,503        

requiring a licensed physician.  The supplementary compensation    2,504        

schedule, together with the compensation otherwise authorized by   2,505        

this chapter, shall provide for the total compensation for these   2,506        

employees to range appropriately, but not necessarily uniformly,   2,507        

for each classification title requiring a licensed physician, in   2,508        

accordance with a schedule approved by the state controlling       2,509        

board.  The individual salary levels recommended for each such     2,510        

physician employed shall be approved by the director.              2,511        

Notwithstanding section 124.11 of the Revised Code, such           2,512        

personnel are in the unclassified civil service.                   2,513        

      (N)  Notwithstanding sections 117.28, 117.30, 117.33,        2,515        

117.36, 117.42, and 131.02 of the Revised Code, the state shall    2,516        

not institute any civil action to recover and shall not seek       2,517        

reimbursement for overpayments made in violation of division (E)   2,518        

of this section or division (C) of section 9.44 of the Revised                  

                                                          63     

                                                                 
Code for the period starting after June 24, 1987, and ending on    2,519        

October 31, 1993.                                                  2,520        

      Sec. 124.25.  The director of administrative services shall  2,529        

require persons applying for an examination for original           2,530        

appointment to file with the director, within reasonable time      2,531        

prior to the examination, a formal application, in which the       2,532        

applicant shall state the applicant's name, address, and such      2,534        

other information as may reasonably be required concerning the     2,535        

applicant's education and experience.  No inquiry shall be made    2,537        

as to religious or political affiliations nor OR as to racial or   2,539        

ethnic origin of the applicant, EXCEPT AS NECESSARY TO GATHER                   

EQUAL EMPLOYMENT OPPORTUNITY OR OTHER STATISTICS.                  2,540        

      Blank forms for applications shall be furnished by the       2,542        

director without charge to any person requesting the same.  The    2,543        

director may require in connection with such application such      2,544        

certificate of persons having knowledge of the applicant as the    2,545        

good of the service demands.  The director may refuse to appoint   2,546        

or examine an applicant, or, after an examination, refuse to       2,547        

certify the applicant as eligible, who is found to lack any of     2,548        

the established preliminary requirements for the examination, who  2,549        

is addicted to the habitual use of intoxicating liquors or drugs   2,550        

to excess, who has a pattern of poor work habits and performance   2,551        

with previous employers, who has been convicted of a felony, who   2,552        

has been guilty of infamous or notoriously disgraceful conduct,    2,553        

who has been dismissed from either branch of the civil service     2,554        

for delinquency or misconduct, or who has made false statements    2,555        

of any material fact, or practiced, or attempted to practice, any  2,556        

deception or fraud in the application or examination, in           2,558        

establishing eligibility, or securing an appointment.                           

      Sec. 124.27.  The head of a department, office, or           2,567        

institution, in which a position in the classified service is to   2,568        

be filled, shall notify the director of administrative services    2,569        

of the fact, and the director shall, except as otherwise provided  2,570        

in this section and sections 124.30 and 124.31 of the Revised      2,571        

                                                          64     

                                                                 
Code, certify to the appointing authority the names and addresses  2,572        

of the ten candidates standing highest on the eligible list for    2,574        

the class or grade to which the position belongs; provided that    2,575        

the director may certify less than ten names if ten names are not  2,576        

available.  When less than six TEN names are certified to an       2,577        

appointing authority, appointment from that list shall not be      2,578        

mandatory.  When a position in the classified service in the       2,579        

department of mental health or the department of mental            2,580        

retardation and developmental disabilities is to be filled, the    2,581        

director of administrative services shall make such certification  2,582        

to the appointing authority within seven working days of the date  2,583        

the eligible list is requested.                                    2,584        

      The appointing authority shall notify the director of such   2,586        

position to be filled, and the appointing authority shall fill     2,588        

such position by appointment of one of the ten persons certified                

by the director.  If more than one position is to be filled, the   2,589        

director of administrative services may certify a group of names   2,590        

from the eligible list and the appointing authority shall appoint  2,591        

in the following manner:  Beginning at the top of the list, each   2,592        

time a selection is made it must be from one of the first ten      2,594        

candidates remaining on the list who is willing to accept                       

consideration for the position.  If an eligible list becomes       2,595        

exhausted, and until a new list can be created, or when no         2,596        

eligible list for such position exists, names may be certified     2,597        

from eligible lists most appropriate for the group or class in     2,598        

which the position to be filled is classified.  A person           2,599        

certified from an eligible list more than three times to the same  2,600        

appointing authority for the same or similar positions, may be     2,601        

omitted from future certification to such appointing authority,    2,602        

provided that certification for a temporary appointment shall not  2,603        

be counted as one of such certifications.  Every soldier, sailor,  2,604        

marine, coast guardsman, member of the auxiliary corps as          2,605        

established by congress, member of the army nurse corps, or navy   2,606        

nurse corps, or red cross nurse who has served in the army, navy,  2,607        

                                                          65     

                                                                 
or hospital service of the United States, and such other military  2,608        

service as is designated by congress in the war with Spain,        2,609        

including the Philippine insurrection and the Chinese relief       2,610        

expedition, or from April 21, 1898, to July 4, 1902, World War I,  2,611        

World War II, or during the period beginning May 1, 1949, and      2,612        

lasting so long as the armed forces of the United States are       2,613        

engaged in armed conflict or occupation duty, or the selective     2,614        

service or similar conscriptive acts are in effect in the United   2,615        

States, whichever is the later date, who has been honorably        2,616        

discharged or separated under honorable conditions therefrom, and  2,617        

is a resident of Ohio, and whose name is on the eligible list for  2,618        

a position, shall be entitled to preference in original            2,619        

appointments to any such competitive position in the civil         2,620        

service of the state and the civil divisions thereof, over all     2,621        

persons eligible for such appointments and standing on the list    2,622        

therefor, with a rating equal to that of each such person.         2,623        

Appointments to all positions in the classified service, that are  2,624        

not filled by promotion, transfer, or reduction, as provided in    2,625        

sections 124.01 to 124.64 of the Revised Code, and the rules of    2,626        

the director prescribed under such sections, shall be made only    2,627        

from those persons whose names are certified to the appointing     2,628        

authority, and no employment, except as provided in such           2,629        

sections, shall be otherwise given in the classified service of    2,630        

this state or any political subdivision thereof.                   2,631        

      All original and promotional appointments, including         2,633        

provisional appointments made pursuant to section 124.30 of the    2,634        

Revised Code, shall be for a probationary period, not less than    2,635        

sixty days nor more than one year, to be fixed by the rules of     2,636        

the director, except as provided in section 124.231 of the         2,637        

Revised Code, or except original appointments to a police          2,638        

department as a police officer, or to a fire department as a fire  2,641        

fighter FIREFIGHTER which shall be for a probationary period of    2,642        

one year, and no appointment or promotion is final until the       2,643        

appointee has satisfactorily served the probationary period.       2,644        

                                                          66     

                                                                 
Service as a provisional employee in the same or similar class     2,645        

shall be included in the probationary period.  If the service of   2,646        

the probationary employee is unsatisfactory, the employee may be   2,647        

removed or reduced at any time during the probationary period      2,648        

after completion of sixty days or one-half of the probationary     2,649        

period, whichever is greater.  If the appointing authority's       2,650        

decision is to remove the appointee, the appointing authority's    2,651        

communication to the director shall indicate the reason for such   2,653        

decision.  Dismissal or reduction may be made under provisions of  2,654        

section 124.34 of the Revised Code during the first sixty days or  2,655        

first half of the probationary period, whichever is greater.  Any  2,656        

person appointed to a position in the classified service under     2,657        

sections 124.01 to 124.64 of the Revised Code, except temporary    2,658        

and exceptional appointments, shall be or become forthwith a       2,659        

resident of the state.                                             2,660        

      Sec. 124.32.  (A)  With the consent of the director of       2,669        

administrative services, a person holding an office or position    2,670        

in the classified service may be transferred to a similar          2,671        

position in another office, department, or institution having the  2,672        

same pay and similar duties; but no transfer shall be made from    2,673        

an office or position in one class to an office or position in     2,674        

another class, nor shall a person be transferred to an office or   2,675        

position for original entrance to which there is required by       2,676        

sections 124.01 to 124.64 of the Revised Code, or the rules        2,677        

adopted pursuant to such sections, an examination involving        2,678        

essential tests or qualifications or carrying a salary different   2,679        

from or higher than those required for original entrance to an     2,680        

office or position held by such person.                            2,681        

      (B)  Any person holding an office or position under the      2,683        

classified service who has been separated from the service         2,684        

without delinquency or misconduct on his THE PERSON'S part may,    2,685        

with the consent of the director, be reinstated within one year    2,687        

from the date of such separation to a vacancy in the same or       2,688        

similar office or position in the same department; provided, if    2,689        

                                                          67     

                                                                 
such separation is due to injury or physical disability, such      2,690        

person shall be reinstated to the same office or similar position  2,691        

he held at the time of his separation, within thirty days after    2,692        

written application for reinstatement and after passing a          2,693        

physical examination made by a licensed physician designated by    2,694        

the director APPOINTING AUTHORITY, showing that he THE PERSON has  2,696        

recovered from such disability, provided further that such         2,698        

application for reinstatement be filed within three years from     2,699        

the date of separation, and further provided that such             2,700        

application shall not be filed after the date of service           2,701        

eligibility retirement.                                                         

      Sec. 124.34.  The tenure of every officer or employee in     2,710        

the classified service of the state and the counties, civil        2,711        

service townships, cities, city health districts, general health   2,712        

districts, and city school districts thereof OF THE STATE,         2,713        

holding a position under this chapter of the Revised Code, shall   2,714        

be during good behavior and efficient service, and no such         2,716        

officer or employee shall be reduced in pay or position,           2,717        

suspended, or removed, except as provided in section 124.32 of     2,718        

the Revised Code, and for incompetency, inefficiency, dishonesty,  2,719        

drunkenness, immoral conduct, insubordination, discourteous        2,720        

treatment of the public, neglect of duty, violation of such        2,721        

sections THIS CHAPTER or the rules of the director of              2,722        

administrative services or the commission, or any other failure    2,724        

of good behavior, or any other acts of misfeasance, malfeasance,   2,725        

or nonfeasance in office.  A AN APPOINTING AUTHORITY MAY REQUIRE   2,726        

AN EMPLOYEE WHO IS SUSPENDED TO REPORT TO WORK TO SERVE THE        2,728        

SUSPENSION.  AN EMPLOYEE SERVING A SUSPENSION IN THIS MANNER       2,729        

SHALL CONTINUE TO BE COMPENSATED AT THE EMPLOYEE'S REGULAR RATE                 

OF PAY FOR HOURS WORKED.  RECORD OF SUCH DISCIPLINARY ACTION       2,730        

SHALL BE PLACED IN THE EMPLOYEE'S PERSONNEL FILE, PROCESSED, AND   2,731        

MAINTAINED IN THE SAME MANNER AS OTHER DISCIPLINARY ACTIONS AND    2,732        

SHALL HAVE THE SAME EFFECT AS A SUSPENSION WITHOUT PAY.            2,733        

      A finding by the appropriate ethics commission, based upon   2,736        

                                                          68     

                                                                 
a preponderance of the evidence, that the facts alleged in a       2,737        

complaint under section 102.06 of the Revised Code constitute a    2,738        

violation of Chapter 102., section 2921.42, or section 2921.43 of  2,739        

the Revised Code may constitute grounds for dismissal.  Failure    2,740        

to file a statement or falsely filing a statement required by      2,741        

section 102.02 of the Revised Code may also constitute grounds     2,742        

for dismissal.                                                                  

      In any case of A reduction, suspension of more than three    2,744        

working days, or removal, the appointing authority shall furnish   2,745        

such AN employee with a copy of the order of reduction,            2,746        

suspension, or removal, which order shall state the reasons        2,748        

therefor.  Such order shall be filed with the director of          2,749        

administrative services and state personnel board of review, or    2,750        

the commission, as may be appropriate.                             2,751        

      Within ten days following the filing of such order, the      2,753        

employee may file an appeal, in writing, with the state personnel  2,754        

board of review or the commission.  In the event such an appeal    2,755        

is filed, the board or commission shall forthwith notify the       2,756        

appointing authority and shall hear, or appoint a trial board to   2,757        

hear, such appeal within thirty days from and after its filing     2,758        

with the board or commission, and it may affirm, disaffirm, or     2,759        

modify the judgment of the appointing authority.                   2,760        

      In cases of removal or reduction in pay for disciplinary     2,762        

reasons, either the appointing authority or the officer or         2,763        

employee may appeal from the decision of the state personnel       2,764        

board of review or the commission to the court of common pleas of  2,765        

the county in which the employee resides in accordance with the    2,766        

procedure provided by section 119.12 of the Revised Code.          2,767        

      In the case of the suspension for any period of time, or     2,769        

demotion, or removal of a chief of police or a chief of a fire     2,770        

department or any member of the police or fire department of a     2,771        

city or civil service township, the appointing authority shall     2,772        

furnish such chief or member of a department with a copy of the    2,773        

order of suspension, demotion, or removal, which order shall       2,774        

                                                          69     

                                                                 
state the reasons therefor.  Such order shall be filed with the    2,775        

municipal or civil service township civil service commission.      2,776        

Within ten days following the filing of such order such chief or   2,777        

member of a department may file an appeal, in writing, with the    2,778        

municipal or civil service township civil service commission.  In  2,779        

the event such an appeal is filed, the commission shall forthwith  2,780        

notify the appointing authority and shall hear, or appoint a       2,781        

trial board to hear, such appeal within thirty days from and       2,782        

after its filing with the commission, and it may affirm,           2,783        

disaffirm, or modify the judgment of the appointing authority.     2,784        

An appeal on questions of law and fact may be had from the         2,785        

decision of the municipal or civil service township civil service  2,786        

commission to the court of common pleas in the county in which     2,787        

such city or civil service township is situated.  Such appeal      2,788        

shall be taken within thirty days from the finding of the          2,789        

commission.                                                        2,790        

      A violation of division (A)(7) of section 2907.03 of the     2,792        

Revised Code is grounds for termination of employment of a         2,793        

nonteaching employee under this section.                           2,794        

      Sec. 124.382.  (A)  As used in this section and sections     2,803        

124.383, 124.386, 124.387, and 124.388 of the Revised Code:        2,804        

      (1)  "Base pay period" means the pay period that includes    2,806        

the first day of December.                                         2,807        

      (2)  "Pay period" means the fourteen-day period of time      2,809        

during which the payroll is accumulated, as determined by the      2,810        

director of administrative services.                               2,811        

      (3)(2)  "Active pay status" means the conditions under       2,813        

which an employee is eligible to receive pay, and includes, but    2,814        

is not limited to, vacation leave, sick leave, personal leave,     2,815        

bereavement leave, and administrative leave.                       2,816        

      (4)(3)  "No pay status" means the conditions under which an  2,818        

employee is ineligible to receive pay, and includes, but is not    2,819        

limited to, leave without pay, leave of absence, and disability    2,820        

leave.                                                             2,821        

                                                          70     

                                                                 
      (5)(4)  "Disability leave" means the leave granted pursuant  2,823        

to section 124.385 of the Revised Code.                            2,824        

      (6)(5)  "Full-time permanent employee" means an employee     2,826        

whose regular hours of duty total eighty hours in a pay period in  2,827        

a state agency, and whose appointment is not for a limited period  2,828        

of time.                                                           2,829        

      (7)(6)  "Base rate of pay" means the rate of pay             2,831        

established under schedule B or C of section 124.15 or under       2,832        

schedule E-1 or E-2 of section 124.152 of the Revised Code, plus   2,833        

any supplement provided under section 124.181 of the Revised       2,834        

Code, plus any supplements enacted into law which are added to     2,835        

schedule B or C of section 124.15 or to schedule E-1 or E-2 of     2,837        

section 124.152 of the Revised Code.                               2,838        

      (8)(7)  "Part-time permanent employee" means an employee     2,840        

whose regular hours of duty total less than eighty hours in a pay  2,841        

period in a state agency and whose appointment is not for a        2,842        

limited period of time.                                            2,843        

      (B)  Each full-time permanent and part-time permanent        2,845        

employee whose salary or wage is paid directly by warrant of the   2,846        

auditor of state shall be credited with sick leave of three and    2,847        

one-tenth hours for each completed eighty hours of service,        2,848        

excluding overtime hours worked.                                   2,849        

      (C)  Any sick leave credit provided pursuant to division     2,851        

(B) of this section, remaining as of the last day of the pay       2,852        

period preceding the next succeeding base pay period, shall be     2,853        

converted pursuant to section 124.383 of the Revised Code.         2,854        

      (D)  Employees may use sick leave, provided a credit         2,856        

balance is available, upon approval of the responsible             2,857        

administrative officer of the employing unit, for absence due to   2,858        

personal illness, pregnancy, injury, exposure to contagious        2,859        

disease which could be communicated to other employees, and to     2,860        

illness, injury, or death in the employee's immediate family.      2,861        

When sick leave is used, it shall be deducted from the employee's  2,862        

credit on the basis of absence from previously scheduled work in   2,863        

                                                          71     

                                                                 
such increments of an hour as the director of administrative       2,864        

services determines.  Compensation for such credit shall be at     2,865        

the employee's hourly base rate of pay.  The appointing authority  2,866        

of each employing unit may require an employee to furnish a        2,867        

satisfactory, signed statement to justify the use of sick leave.   2,868        

      If, after having utilized the credit provided by this        2,870        

section, an employee utilizes sick leave that was accumulated      2,871        

prior to November 15, 1981, compensation for such sick leave used  2,872        

shall be equal to the employee's hourly base rate of pay.          2,873        

      (E)(1)  The previously accumulated sick leave balance of an  2,875        

employee who has been separated from the public service, for       2,876        

which separation payments pursuant to the provisions of section    2,877        

124.384 of the Revised Code have not been made, shall be placed    2,878        

to the employee's credit upon the employee's reemployment in the   2,879        

public service, if the reemployment takes place within ten years   2,881        

of the date on which the employee was last terminated from public  2,882        

service.                                                                        

      (2)  The previously accumulated sick leave balance of an     2,884        

employee who has separated from a school district shall be placed  2,885        

to the employee's credit upon the employee's appointment as an     2,887        

unclassified employee of the state department of education, if     2,888        

all of the following apply:                                                     

      (a)  The employee accumulated the sick leave balance while   2,890        

employed by the school district;                                   2,891        

      (b)  The employee did not receive any separation payments    2,893        

for the sick leave balance;                                        2,894        

      (c)  The employee's employment with the department takes     2,896        

place within ten years after the date on which the employee        2,897        

separated from the school district.                                2,898        

      (F)  An employee who transfers from one public agency to     2,900        

another shall be credited with the unused balance of the           2,901        

employee's accumulated sick leave up to the maximum of the sick    2,902        

leave accumulation permitted in the public agency to which the     2,903        

employee transfers.                                                2,904        

                                                          72     

                                                                 
      (G)(1)  Use of sick leave on six or more occasions in a      2,906        

twelve-month period, except for medical appointments for which     2,907        

leave has been requested at least one week in advance, will        2,908        

subject an employee to discipline, including the assessment of a   2,909        

fine, in accordance with a schedule to be established by the       2,910        

director of administrative services.                               2,911        

      (2)  For purposes of this section, "occasion" means an       2,913        

individual use of sick leave, regardless of the number of hours    2,914        

involved.                                                          2,915        

      (3)  The discipline may be waived if an employee can show    2,917        

that division (G)(1) of this section was applied in error, or if   2,918        

the employee provides satisfactory evidence of a bona fide,        2,919        

unpredictable, and recurring medical condition requiring the use   2,920        

of sick leave on more than six occasions in a twelve-month         2,921        

period.                                                            2,922        

      (4)  No fine assessed under this section constitutes a       2,924        

reduction in pay under section 124.34 of the Revised Code.         2,925        

Notwithstanding section 1321.32 of the Revised Code, the state     2,926        

may deduct from the wages or salaries of employees such amounts    2,927        

as are assessed as fines under this section.                       2,928        

      (5)  The director shall adopt rules on sick leave abuse in   2,930        

accordance with Chapter 119. of the Revised Code to provide for    2,931        

the administration and uniform application of this section.        2,932        

      (H)  The director of administrative services shall           2,934        

establish procedures to uniformly administer this section.  No     2,935        

sick leave may be granted to a state employee upon or after the    2,936        

employee's retirement or termination of employment.                2,937        

      Sec. 124.383.  (A)  The director of administrative services  2,946        

shall allow a full-time or part-time employee who is credited      2,947        

with sick leave pursuant to division (B) of section 124.382 of     2,948        

the Revised Code to elect one of the following options with        2,949        

respect to sick leave credit remaining at the end of the year:     2,950        

      (1)  Carry forward the balance.;                             2,952        

      (2)  Receive a cash benefit.  The cash benefit shall equal   2,954        

                                                          73     

                                                                 
one hour of the employee's base rate of pay for every two hours    2,955        

of unused credit that is converted.  Such THE cash balance shall   2,956        

not be subject to contributions to any of the retirement systems,  2,957        

either by the employee or the employer.  AN EMPLOYEE SERVING IN A  2,958        

TEMPORARY WORK LEVEL OR AN INTERIM APPOINTMENT WHO ELECTS TO       2,959        

CONVERT UNUSED SICK LEAVE CREDIT TO CASH SHALL DO SO AT THE BASE   2,961        

RATE OF PAY OF THE EMPLOYEE'S NORMAL CLASSIFICATION.                            

      (3)  Carry forward a portion of the balance and receive a    2,963        

cash benefit for the remainder.  The cash benefit shall be         2,964        

calculated in the manner specified in division (A)(2) of this      2,965        

section.                                                           2,966        

      (B)  The director of administrative services shall           2,968        

establish procedures to allow employees to indicate the option     2,969        

that will be selected.  Included within the procedures shall be    2,970        

the final date by which notification is to be made to the          2,971        

director concerning the option selected.  Failure to comply with   2,972        

the date will result in the automatic carry forward of unused      2,973        

balances.                                                          2,974        

      (C)  Cash benefits shall be paid in the first pay the        2,977        

employee receives in December.                                                  

      (D)  Balances carried forward are excluded from further      2,979        

cash benefits provided under this section.                         2,980        

      (E)  An employee who separates during the year shall not be  2,982        

eligible for cash benefits provided under this section.            2,983        

      Sec. 124.384.  Except as otherwise provided in this          2,992        

section, employees whose salaries or wages are paid by warrant of  2,993        

the auditor of state and who have accumulated sick leave under     2,994        

section 124.38 or 124.382 of the Revised Code shall be paid for a  2,995        

percentage of their accumulated balances, upon separation for any  2,996        

reason, including retirement or death, at their last base rate of  2,997        

pay at the rate of one hour of pay for every two hours of          2,998        

accumulated balances.  AN EMPLOYEE SERVING IN A TEMPORARY WORK     2,999        

LEVEL OR AN INTERIM APPOINTMENT WHO ELECTS TO CONVERT UNUSED SICK  3,000        

LEAVE TO CASH SHALL DO SO AT THE BASE RATE OF PAY OF THE           3,001        

                                                          74     

                                                                 
EMPLOYEE'S NORMAL CLASSIFICATION.  If an employee dies, the        3,002        

employee's unused sick leave shall be paid in accordance with      3,003        

section 2113.04 of the Revised Code or to his THE EMPLOYEE'S       3,004        

estate.                                                                         

      In order to be eligible for the payment authorized by this   3,006        

section, an employee shall have at least one year of state         3,007        

service and must SHALL request ALL OR A PORTION OF such payment    3,009        

no later than three years after separation from state service.     3,010        

      Except as otherwise provided in this paragraph, a person     3,012        

initially employed on or after July 5, 1987, by a state agency in  3,013        

which the employees' salaries or wages are paid directly by        3,014        

warrant of the auditor of state shall receive payment under this   3,015        

section only for sick leave accumulated while employed by state    3,016        

agencies in which the employees' salaries or wages are paid        3,017        

directly by warrant of the auditor of state.  A person initially   3,018        

employed on or after July 5, 1987, by the state department of      3,019        

education as an unclassified employee shall receive payment under  3,020        

this section only for sick leave accumulated while employed by     3,021        

state agencies in which the employees' salaries or wages are paid  3,022        

directly by warrant of the auditor of state and for sick leave     3,023        

placed to the employee's credit under division (E)(2) of section   3,025        

124.382 of the Revised Code.                                                    

      For employees paid in accordance with section 124.152 of     3,027        

the Revised Code and those employees listed in divisions (B)(2)    3,028        

and (4) of section 124.14 of the Revised Code, the director of     3,029        

administrative services, with the approval of the director of the  3,030        

office of budget and management, may establish a plan for early    3,031        

payment of accrued sick leave and vacation leave.                  3,032        

      Sec. 124.386.  (A)  Each full-time permanent employee paid   3,041        

in accordance with section 124.152 of the Revised Code and those   3,042        

employees listed in divisions (B)(2) and (4) of section 124.14 of  3,043        

the Revised Code shall be credited with thirty-two hours of        3,044        

personal leave each year.  Such credit shall be made to each       3,045        

eligible employee beginning ON the first PAY day of the base pay   3,047        

                                                          75     

                                                                 
period IN DECEMBER.  Employees, upon giving reasonable notice to   3,048        

the responsible administrative officer of the appointing           3,049        

authority, may use personal leave for absence due to mandatory     3,050        

court appearances, legal or business matters, family emergencies,  3,051        

unusual family obligations, medical appointments, weddings,        3,052        

religious holidays, or any other matter of a personal nature.      3,053        

      (B)  When personal leave is used, it shall be deducted from  3,055        

the unused balance of the employee's personal leave on the basis   3,056        

of absence in such increments of an hour as the director of        3,057        

administrative services determines.  Compensation for such leave   3,058        

shall be equal to the employee's base rate of pay.                 3,059        

      (C)  A newly appointed full-time permanent employee or a     3,061        

nonfull-time employee who receives a full-time permanent           3,062        

appointment shall be credited with personal leave of thirty-two    3,063        

hours, less one and two-tenths hours for each pay period that has  3,064        

elapsed following the base pay period until the first day of the   3,065        

pay period during which the appointment was effective.             3,066        

      (D)  The director of administrative services shall allow     3,068        

employees to elect one of the following options with respect to    3,069        

the unused balance of personal leave:                              3,070        

      (1)  Carry forward the balance.  The maximum credit that     3,072        

shall be available to an employee at any one time is forty hours.  3,073        

      (2)  Convert the balance to accumulated sick leave, to be    3,075        

used in the manner provided by section 124.382 of the Revised      3,076        

Code.;                                                             3,077        

      (3)  Receive a cash benefit.  The cash benefit shall equal   3,079        

one hour of the employee's base rate of pay for every hour of      3,080        

unused credit that is converted.  AN EMPLOYEE SERVING IN A         3,081        

TEMPORARY WORK LEVEL OR AN INTERIM APPOINTMENT WHO ELECTS TO       3,082        

CONVERT UNUSED PERSONAL LEAVE TO CASH SHALL DO SO AT THE BASE      3,084        

RATE OF PAY OF THE EMPLOYEE'S NORMAL CLASSIFICATION.  Such cash    3,085        

benefit shall not be subject to contributions to any of the        3,086        

retirement systems, either by the employee or the employer.        3,087        

      (E)  Upon separation from state service, an employee shall   3,089        

                                                          76     

                                                                 
be entitled to compensation for all unused personal leave          3,090        

balance.  The rate of pay shall be equal to the employee's base    3,091        

rate of pay.                                                       3,092        

      (F)  A full-time permanent employee who separates from       3,094        

state service or is no longer a full-time permanent employee       3,095        

during the year shall receive a reduction of personal leave        3,096        

credit of one and two-tenths hours for each pay period that        3,097        

remains beginning with the first pay period following the date of  3,098        

separation until the pay period preceding the next base pay        3,099        

period.  If the reduction results in a number of hours less than   3,100        

zero, the cash equivalent value of such number of hours shall be   3,101        

deducted from any compensation that remains payable to the         3,102        

employee, or from the cash conversion value of any vacation or     3,103        

sick leave that remains credited to the employee.  AN EMPLOYEE     3,104        

SERVING IN A TEMPORARY WORK LEVEL OR AN INTERIM APPOINTMENT WHO    3,105        

IS ELIGIBLE TO RECEIVE COMPENSATION UNDER THIS SECTION SHALL BE    3,106        

COMPENSATED AT THE BASE RATE OF PAY OF THE EMPLOYEE'S NORMAL       3,107        

CLASSIFICATION.                                                                 

      (G)(F)  An employee who transfers from one public agency to  3,109        

another shall be credited with the unused balance of personal      3,110        

leave up to the maximum personal leave accumulation permitted in   3,111        

the public agency to which the employee transfers, provided that   3,112        

if no personal leave accumulation is permitted, the employee       3,113        

shall receive compensation in the manner prescribed in division    3,114        

(E) of this section AT A RATE EQUAL TO THE EMPLOYEE'S BASE RATE    3,116        

OF PAY.  AN EMPLOYEE SERVING IN A TEMPORARY WORK LEVEL OR AN       3,117        

INTERIM APPOINTMENT IN THE EMPLOYEE'S PREVIOUS AGENCY SHALL        3,118        

RECEIVE COMPENSATION UNDER THIS DIVISION AT THE BASE RATE OF PAY                

OF THE EMPLOYEE'S NORMAL CLASSIFICATION.                           3,119        

      The director of administrative services shall establish      3,121        

procedures to uniformly administer this section.  No personal      3,122        

leave may be granted to a state employee upon or after his         3,123        

retirement or termination of employment.                           3,124        

      Sec. 124.387.  Each full-time permanent AND PART-TIME        3,133        

                                                          77     

                                                                 
PERMANENT employee whose salary or wage is paid directly by        3,135        

warrant of the auditor of state shall be granted three days of                  

bereavement leave with pay upon the death of a member of the       3,136        

employee's immediate family.  Compensation for bereavement leave   3,137        

shall be equal to the employee's base rate of pay.                 3,138        

      Sec. 124.388.  An appointing authority may, in its           3,147        

discretion, place an employee whose salary or wage is paid         3,148        

directly by warrant of the auditor of state on administrative      3,149        

leave with pay.  Such leave is to be used only in circumstances    3,150        

where the health or safety of an employee or of any person or      3,151        

property entrusted to the employee's care could be adversely       3,152        

affected.  Compensation for administrative leave shall be equal    3,153        

to the employee's base rate of pay.  The length of such leave is   3,154        

solely at the discretion of the appointing authority, except that  3,155        

the length of the leave shall not exceed the length of the         3,156        

situation for which the leave was granted.  An appointing          3,157        

authority may also grant administrative leave of two days or less  3,158        

for employees who are moved in accordance with section 124.33 of   3,159        

the Revised Code.                                                  3,160        

      Sec. 124.87.  (A)  There is hereby established in the state  3,169        

treasury the state employee health benefit fund for the sole       3,170        

purpose of enabling the department of administrative services to   3,171        

provide state employees with any benefits specified in division    3,172        

(A) of section 124.82 of the Revised Code.                         3,173        

      (B)  The fund shall be under the supervision of the          3,175        

department.  The department shall be responsible, under approved   3,176        

bonds, for all moneys coming into, and paid out of, the fund in    3,177        

accordance with this section and shall ensure that the fund is     3,178        

actuarially sound.  Amounts from the fund may be used to pay       3,179        

direct and indirect costs that are attributable to consultants or  3,180        

a third-party administrator and that are necessary to administer   3,181        

this section.                                                                   

      (C)  In carrying out its duties and responsibilities, the    3,183        

department shall:                                                  3,184        

                                                          78     

                                                                 
      (1)  Adopt rules with regard to the administration of the    3,186        

fund;                                                              3,187        

      (2)  With respect to benefits specified in division (A) of   3,189        

section 124.82 of the Revised Code, enter into a contract with a   3,190        

company authorized to do the business of sickness and accident     3,191        

insurance under Title XXXIX of the Revised Code or a professional  3,192        

claim administrator, to serve as administrator of that portion of  3,193        

the fund set aside to provide such benefits.  As used in this      3,194        

division, a "professional claim administrator" means any person    3,195        

that has experience in the handling of insurance claims and has    3,196        

been determined by the department to be fully qualified,           3,197        

financially sound, and capable of meeting all of the service       3,198        

requirements of the contract of administration under such          3,199        

criteria as may be established by rules adopted by the             3,200        

department.  With respect to the health, medical, hospital, or     3,201        

surgical benefits specified in division (A) of section 124.82 of   3,202        

the Revised Code, if the fund is the secondary payor of these      3,203        

benefits, the amount the professional claim administrator may pay  3,204        

is limited to an amount that will yield a benefit no greater than  3,205        

the amount that would have been paid if the fund were the primary  3,206        

payor of these benefits.                                           3,207        

      (3)  Adopt rules governing the conditions under which an     3,209        

employee may participate in or withdraw from the fund, and the     3,210        

procedure by which the employee is to contribute to the fund;      3,211        

      (4)  Adopt rules to ensure that the fund is actuarially      3,213        

sound;                                                             3,214        

      (5)  Adopt rules to ensure the integrity of the fund, and    3,216        

to ensure that the fund be used solely for the purpose specified   3,217        

in division (A) of this section.                                   3,218        

      The department shall adopt all rules pursuant to this        3,220        

section in accordance with Chapter 119. of the Revised Code.       3,221        

      (D)  Amounts withheld from employees, amounts contributed    3,223        

by the state or from federal funds, and all amounts contributed    3,224        

by any state authority, shall be credited to the fund.  All other  3,225        

                                                          79     

                                                                 
income, including the income derived from any dividends and        3,226        

distributions, interest earned, premium rate adjustments, or       3,227        

other refunds, shall also be credited to the fund.  Any amounts    3,228        

remaining in the fund after all premiums or subscription charges,  3,229        

and other expenses have been paid, shall be retained in the fund   3,230        

as a special reserve for adverse fluctuation.                      3,231        

      (E)  All income derived from the investment of the fund      3,233        

shall accrue to the fund.                                          3,234        

      (F)(1)  The department shall file annually, by the first     3,236        

day of March, a complete report of its operations for the          3,237        

preceding fiscal year conducted pursuant to this section, with     3,238        

the governor, the general assembly, and the superintendent of      3,239        

insurance.                                                         3,240        

      (2)  The report shall include a detailed financial           3,242        

statement of the fund and the expenses incurred pursuant to this   3,243        

section so that the cost of the fund established under this        3,244        

section can be determined and identified.  The report shall        3,245        

include, but not be limited to, the following information          3,246        

concerning the fund:                                               3,247        

      (a)  Assets and liabilities;                                 3,249        

      (b)  Income and expenditures;                                3,251        

      (c)  Benefits paid and the reserves for losses incurred but  3,253        

not yet paid, including potential losses and unreported losses;    3,254        

      (d)  Cost of any excess insurance or conversion coverage or  3,256        

of any other kind of insurance obtained to cover potential         3,257        

losses, or provide supplemental benefits;                          3,258        

      (e)  Direct and indirect costs attributable to the use of    3,260        

outside consultants, independent contractors, and any other        3,261        

persons who are not state employees;                               3,262        

      (f)  The cost of developing, monitoring, and evaluating      3,264        

cost containment plans as required by the department and the       3,265        

savings derived from those plans.                                  3,266        

      The financial information required by divisions (F)(2)(a)    3,268        

to (F)(2)(f) of this section shall be certified by an independent  3,269        

                                                          80     

                                                                 
certified public accountant or independent public accountant       3,270        

selected by the department who, by reason of knowledge and         3,271        

experience, is especially qualified in insurance accounting.       3,272        

      (3)  The report shall also contain the following             3,274        

information:                                                       3,275        

      (a)  The actuarial report for the preceding calendar year    3,277        

and any other studies or evaluations prepared in the preceding     3,278        

year pursuant to division (G) of this section;                     3,279        

      (b)  A description of the benefits provided by the fund and  3,281        

the number of state employees covered under the fund;              3,282        

      (c)  The rights of state employees who terminate their       3,284        

employment and the extent of benefits or coverages thereafter      3,285        

available to those persons and their dependents;                   3,286        

      (d)  Any other information which is relevant in order to     3,288        

make full, fair, and effective disclosure of the operations of     3,289        

the fund conducted pursuant to this section.                       3,290        

      (G)  The department shall have prepared every year, by a     3,292        

competent actuary familiar with health and life insurance, a       3,293        

report showing a complete actuarial evaluation of the fund and     3,294        

the adequacy of the rates of contribution, which report shall      3,295        

contain such recommendations as the actuary considers advisable.   3,296        

The department may at any time request the actuary to make any     3,297        

studies or evaluations to determine the adequacy of the rates of   3,298        

contribution, and such rates may be adjusted by the department,    3,299        

as recommended by the actuary, effective as of the first of any    3,300        

fiscal year thereafter.                                            3,301        

      (H)  Any new cost resulting from the enactment of this       3,303        

section shall be reported pursuant to division (F)(2) of this      3,304        

section.                                                           3,305        

      Sec. 124.92.  If the superintendent of insurance has         3,314        

approved all or a portion of a service area expansion of a health  3,315        

insuring corporation into an additional county or counties, the    3,316        

department of administrative services shall authorize the          3,317        

corporation, at the next open enrollment period conducted by the   3,319        

                                                          81     

                                                                 
department UPON THE ORGANIZATION'S MEETING THE DEPARTMENT'S                     

ESTABLISHED PARTICIPATION CRITERIA, to participate in the NEXT     3,320        

open enrollment for state employees who reside in the expanded     3,322        

service area, if both of the following apply:                                   

      (A)  The open enrollment is conducted in accordance with     3,324        

section 1751.15 of the Revised Code;                               3,325        

      (B)  Prior PRIOR to the expansion of the service area,       3,327        

fewer than two health insuring corporations were available to      3,330        

state employees in the county or counties into which the           3,331        

corporation expanded.                                                           

      Sec. 125.041.  Nothing in sections 125.02 or 125.04, 125.03  3,341        

to 125.08, 125.12 TO 125.16, 125.31 TO 125.76, OR 125.831 of the   3,342        

Revised Code shall be construed as limiting the attorney general,  3,344        

auditor of state, secretary of state, or treasurer of state in     3,345        

any of the following:                                                           

      (A)  Purchases for less than fifty thousand dollars;         3,347        

      (B)  Purchases for fifty thousand dollars or more with the   3,349        

approval of the controlling board, if such THAT approval is        3,350        

required by section 127.16 of the Revised Code;                    3,352        

      (C)  The final determination of the nature or quantity       3,354        

making any purchase of supplies or services to be purchased        3,355        

pursuant to section 125.06 of the Revised Code;                    3,356        

      (D)  THE FINAL DETERMINATION AND DISPOSAL OF EXCESS AND      3,358        

SURPLUS SUPPLIES;                                                  3,359        

      (E)  THE INVENTORY OF STATE PROPERTY;                        3,361        

      (F)  THE PURCHASE OF PRINTING;                               3,363        

      (G)  THE FLEET MANAGEMENT PROGRAM.                           3,365        

      Sec. 125.12.  As used in sections 125.12 to 125.14 of the    3,374        

Revised Code:                                                                   

      (A)  "Excess supplies" means any supplies that have a        3,376        

remaining useful life, but that are no longer needed by the        3,377        

agency that possesses them.                                                     

      (B)  "Supplies" means all personal property owned by the     3,379        

state, including, but not limited to, equipment and materials.     3,380        

                                                          82     

                                                                 
      (C)  "Surplus supplies" means any supplies no longer having  3,382        

any use to the state, including obsolete supplies, scrap           3,383        

materials, and supplies that have completed their useful life      3,384        

cycle.  "Surplus supplies" does not include materials that have    3,385        

completed their useful life cycle and are recyclable goods and     3,386        

materials, providing that the goods and materials are actually                  

recycled.                                                                       

      (D)  "Transfer" means to transfer either by sale or without  3,388        

a sale.                                                                         

      (E)  "HAZARDOUS PROPERTY" MEANS ANY PROPERTY SUBJECT TO THE  3,390        

JURISDICTION OF OR REGULATED BY THE OHIO ENVIRONMENTAL PROTECTION  3,391        

AGENCY.                                                            3,392        

      Sec. 125.13.  (A)  Whenever a state agency determines that   3,401        

it has excess or surplus supplies, it shall notify the director    3,402        

of administrative services.  Upon request by the director and on   3,403        

forms provided by him THE DIRECTOR, the state agency shall         3,404        

furnish to the director a list of all such THOSE excess and        3,405        

surplus supplies and an appraisal of their value.                  3,407        

      (B)  The director of administrative services shall take      3,409        

immediate possession CONTROL of a state agency's excess and        3,410        

surplus supplies, except for those THE FOLLOWING EXCESS AND        3,412        

SURPLUS SUPPLIES:                                                  3,413        

      (1)  EXCESS OR SURPLUS SUPPLIES that have a value below the  3,415        

minimum value the director establishes for excess and surplus      3,416        

supplies under division (D)(E) of this section.  The;              3,417        

      (2)  EXCESS OR SURPLUS SUPPLIES THAT THE DIRECTOR HAS        3,419        

AUTHORIZED AN AGENCY TO DONATE TO A PUBLIC ENTITY, INCLUDING, BUT  3,421        

NOT LIMITED TO, PUBLIC SCHOOLS;                                                 

      (3)  EXCESS OR SURPLUS SUPPLIES THAT AN AGENCY TRADES IN AS  3,423        

FULL OR PARTIAL PAYMENT WHEN PURCHASING A REPLACEMENT ITEM;        3,424        

      (4)  HAZARDOUS PROPERTY.                                     3,426        

      (C)  THE director shall inventory excess and surplus         3,429        

supplies in his THE DIRECTOR'S possession and may have the         3,430        

supplies repaired.                                                              

                                                          83     

                                                                 
      (C)(D)  The director may dispose of declared surplus or      3,432        

excess supplies in his THE DIRECTOR'S possession by sale, lease,   3,433        

or transfer.  If he THE DIRECTOR does so, he THE DIRECTOR shall    3,435        

dispose of such THOSE supplies in the following order of           3,437        

priority:                                                                       

      (1)  To state agencies;                                      3,439        

      (2)  To state-supported or state-assisted institutions of    3,441        

higher education;                                                  3,442        

      (3)  To tax-supported agencies, municipal corporations, or   3,444        

other political subdivisions of this state;                        3,445        

      (4)  To the general public by auction, sealed bid, or        3,447        

negotiation.                                                       3,448        

      (D)(E)  The director may adopt rules governing the sale,     3,450        

lease, or transfer of surplus and excess supplies in his THE       3,451        

DIRECTOR'S possession by public auction, sealed bid, or            3,452        

negotiation, except that no employee of the disposing agency       3,454        

shall be allowed to purchase, lease, or receive any such OF THOSE  3,455        

supplies.  The director may dispose of declared surplus or excess  3,457        

supplies in his THE DIRECTOR'S possession as he THE DIRECTOR       3,458        

determines proper if such THOSE supplies cannot be sold, leased,   3,459        

or transferred.  The director shall by rule establish a minimum    3,461        

value for excess and surplus supplies and prescribe procedures     3,462        

for a state agency to follow in disposing of excess and surplus    3,463        

supplies in its possession that have a value below the minimum     3,464        

value established by the director.                                 3,465        

      (E)(F)  No state-supported or state-assisted institution of  3,467        

higher education, tax-supported agency, municipal corporation, or  3,468        

other political subdivision of this state shall sell, lease, or    3,469        

transfer excess or surplus supplies acquired under this section    3,470        

to private entities or the general public at a price greater than  3,471        

the price it originally paid for such THOSE supplies.              3,472        

      Sec. 125.21.  The director of administrative services shall  3,481        

prepare PROCESS payroll journals INFORMATION for the purpose of    3,483        

payment for personal services of state officials and employees on  3,484        

                                                          84     

                                                                 
the basis of rates of pay determined by pertinent law, the         3,485        

director, or other competent authority.                            3,486        

      Calculation of payrolls may be made after the conclusion of  3,488        

each pay period based upon the amount of time served as certified  3,489        

by the appropriate appointing authority.  Payment for personal     3,490        

service rendered by an official or employee during any pay period  3,491        

shall be made no later than at the conclusion of the official's    3,492        

or employee's next succeeding pay period.                          3,493        

      The director shall furnish to the auditor of state all       3,495        

necessary data for drawing state official and employee pay         3,496        

warrants and preparing earning statements.  These data shall       3,497        

include the rate at which paid; the time for which paid,           3,498        

including overtime and any other adjustments affecting the         3,499        

official's or employee's gross pay; all taxes withheld,            3,500        

including, whenever practicable, year-to-date figures on all       3,501        

taxes withheld; the amount of contribution to the appropriate      3,502        

retirement system; any voluntary deductions made in accordance     3,503        

with authorizations filed by the official or employee; and         3,504        

whether a direct deposit is to be made in accordance with an       3,505        

authorization filed by the official or employee.                   3,506        

      Amounts deducted from the salaries or wages of all           3,508        

officials and employees shall be transferred to the payroll        3,509        

withholding fund, which is hereby created in the state treasury    3,510        

for the purpose of consolidating all such deductions made in any   3,511        

month.  Payments from this fund shall be made at intervals for     3,512        

the intended purpose of the deduction or for refund where it is    3,513        

determined that deductions were made in error.                     3,514        

      Sec. 125.48.  Biennially, between the first day of June and  3,526        

the first day of August, the THE department of administrative      3,527        

services shall give notice pursuant to sections 125.07 and 125.08  3,528        

of the Revised Code that sealed proposals will be received at its  3,529        

office for executing the several classes ONE, TWO, THREE, AND      3,530        

FOUR of public printing, including the necessary binding for the   3,531        

term of two years from the first Monday of October next ensuing    3,532        

                                                          85     

                                                                 
for classes one and two printing, and terms not to exceed two      3,533        

years for classes three and four.                                  3,534        

      bureau employment services                                   3,536        

      Sec. 156.04.  (A)  In accordance with this section, the      3,545        

director of administrative services may enter into an installment  3,546        

payment contract for the implementation of one or more energy      3,547        

saving measures.  If the director wishes an installment payment    3,548        

contract to be exempted from Chapter 153. of the Revised Code, he  3,549        

THE DIRECTOR shall proceed pursuant to section 156.03 of the       3,550        

Revised Code.                                                      3,551        

      (B)  Any installment payment contract under this section     3,553        

for one or more energy saving measures shall provide that all      3,554        

payments, except payments for repairs and obligations on           3,555        

termination of the contract prior to its expiration, are to be a   3,556        

stated percentage of calculated savings of energy and operating    3,557        

costs attributable to the one or more measures over a defined      3,558        

period of time and are to be made only to the extent that such     3,559        

THOSE savings actually occur.  No such contract shall contain any  3,560        

of the following:                                                  3,561        

      (1)  A requirement of any additional capital investment or   3,563        

contribution of funds, other than funds available from state or    3,564        

federal grants;                                                    3,565        

      (2)  In the case of a contract for an energy saving measure  3,567        

that is a cogeneration system described in division (H) of         3,568        

section 156.01 of the Revised Code, a PAYMENT term longer than     3,569        

five years;                                                        3,570        

      (3)  In the case of a contract for any energy saving         3,572        

measure that is not a cogeneration system, a PAYMENT term longer   3,573        

than ten years.                                                    3,574        

      (C)  Any installment payment contract entered into under     3,576        

this section shall terminate no later than the last day of the     3,577        

fiscal biennium for which funds have been appropriated to the      3,578        

department of administrative services by the general assembly and  3,579        

shall be renewed in each succeeding fiscal biennium in which any   3,580        

                                                          86     

                                                                 
balance of the contract remains unpaid, provided that both an      3,581        

appropriation for that succeeding fiscal biennium and the          3,582        

certification required by section 126.07 of the Revised Code are   3,583        

made.                                                              3,584        

      Section 2.  That existing sections 124.03, 124.09, 124.10,   3,586        

124.11, 124.13, 124.134, 124.136, 124.14, 124.15, 124.152,         3,587        

124.18, 124.181, 124.25, 124.27, 124.32, 124.34, 124.382,          3,588        

124.383, 124.384, 124.386, 124.387, 124.388, 124.87, 124.92,       3,589        

125.041, 125.12, 125.13, 125.21, 125.48, and 156.04 and section    3,590        

124.139 of the Revised Code are hereby repealed.                                

      Section 3.  Sections 124.09, 124.14, and 124.27 of the       3,592        

Revised Code are presented in this act as composites of the        3,595        

sections as amended by both Am. Sub. H.B. 117 and Am. Sub. S.B.    3,596        

99 of the 121st General Assembly, with the new language of         3,597        

neither of the acts shown in capital letters.  Section 124.15 of   3,598        

the Revised Code is presented in this act as a composite of the    3,599        

section as amended by Am. Sub. H.B. 117, Am. Sub. S.B. 99, and     3,600        

Am. Sub. S.B. 162 of the 121st General Assembly, with the new      3,601        

language of none of the acts shown in capital letters.  Section    3,602        

125.48 of the Revised Code is presented in this act as a                        

composite of the section as amended by both Am. Sub. S.B. 99 and   3,603        

Am. Sub. S.B. 162 of the 121st General Assembly, with the new      3,604        

language of neither of the acts shown in capital letters.  This    3,605        

is in recognition of the principle stated in division (B) of       3,606        

section 1.52 of the Revised Code that such amendments are to be    3,607        

harmonized where not substantively irreconcilable and constitutes  3,608        

a legislative finding that such is the resulting version in        3,609        

effect prior to the effective date of this act.                    3,610