As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 144 5
1997-1998 6
SENATOR WATTS 8
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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
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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
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(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
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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
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(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
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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
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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
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(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
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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
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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
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(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
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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
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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
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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.
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(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
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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