As Reported by the Senate State and Local Government and 1
Veterans Affairs Committee 2
122nd General Assembly 5
Regular Session Sub. S. B. No. 144 6
1997-1998 7
SENATORS WATTS-SCHAFRATH-MUMPER 9
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A B I L L
To amend sections 124.03, 124.09, 124.10, 124.11, 13
124.13, 124.134, 124.14, 124.15, 124.18, 124.181, 14
124.20, 124.25, 124.27, 124.30, 124.32, 124.323, 15
124.327, 124.34, 124.382, 124.383, 124.384,
124.385, 124.386, 124.387, 124.388, 124.82, 17
124.87, 124.92, 125.041, 125.12, 125.13, 125.21, 18
125.211, 125.48, 153.01, 156.04, 2716.03, 19
4141.242, and 5101.07 and to repeal sections 21
124.139 and 124.312 of the Revised Code to make
various changes in the Civil Service, Excess and 23
Surplus Supplies, and State Printing Laws and in 24
other laws that affect the Department of
Administrative Services. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 124.03, 124.09, 124.10, 124.11, 28
124.13, 124.134, 124.14, 124.15, 124.18, 124.181, 124.20, 124.25, 29
124.27, 124.30, 124.32, 124.323, 124.327, 124.34, 124.382, 30
124.383, 124.384, 124.385, 124.386, 124.387, 124.388, 124.82, 32
124.87, 124.92, 125.041, 125.12, 125.13, 125.21, 125.211, 125.48, 33
153.01, 156.04, 2716.03, 4141.242, and 5101.07 of the Revised 34
Code be amended to read as follows: 36
Sec. 124.03. The state personnel board of review shall 45
exercise the following powers and perform the following duties: 46
(A) Hear appeals, as provided by law, of employees in the 48
classified state service from final decisions of appointing 49
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authorities or the director of administrative services relative 50
to reduction in pay or position, job abolishments, layoff, 51
suspension, discharge, assignment or reassignment to a new or 52
different position classification, or refusal of the director, or 53
anybody authorized to perform his THE DIRECTOR'S functions, to 54
reassign an employee to another classification or to reclassify 55
the employee's position with or without a job audit under 56
division (E)(D) of section 124.14 of the Revised Code. As used 57
in this division, "discharge" includes involuntary disability 58
separations. The board may affirm, disaffirm, or modify the 61
decisions of the appointing authorities or the director, as the 62
case may be, and its decision is final. The board's decisions 63
shall be consistent with the applicable classification
specifications. The board shall not be deprived of jurisdiction 64
to hear any appeal due to the failure of an appointing authority 65
to file its decision with the board. Any final decision of an 66
appointing authority or of the director not filed in the manner 67
provided in this chapter shall be disaffirmed. The board may 68
place an exempt employee, as defined in section 124.152 of the 69
Revised Code, into a bargaining unit classification, if the board 70
determines that the bargaining unit classification is the proper 71
classification for that employee. Notwithstanding Chapter 4117. 72
of the Revised Code or instruments and contracts negotiated under 73
it, such placements are at the board's discretion.
In any hearing before the board, including any hearing at 75
which a record is taken that may be the basis of an appeal to a 76
court, an employee may be represented by a person permitted to 77
practice before the board who is not an attorney at law so long 78
as the person does not receive any compensation from the employee 79
for such representation. 80
(B) Hear appeals, as provided by law, of appointing 82
authorities from final decisions of the director relative to the 83
classification or reclassification of any position in the 84
classified state service under the jurisdiction of such 85
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appointing authority. The board may affirm, disaffirm, or modify 86
the decisions of the director, and its decision is final. The 87
board's decisions shall be consistent with the applicable 89
classification specifications. 90
(C) Exercise the authority provided by section 124.40 of 92
the Revised Code, for appointment, removal, and supervision of 93
municipal and civil service township civil service commissions; 94
(D) Appoint a secretary, referees, examiners, and whatever 96
other employees are necessary in the exercise of its powers and 97
performance of its duties and functions. The board shall 98
determine appropriate education and experience requirements for 99
its secretary, referees, examiners, and other employees and shall 100
prescribe their duties. A referee or examiner does not need to 101
have been admitted to the practice of law. 102
(E) Maintain a journal which shall be open to public 104
inspection, in which it shall keep a record of all of its 105
proceedings and of the vote of each of its members upon every 106
action taken by it; 107
(F) Adopt rules in accordance with Chapter 119. of the 109
Revised Code relating to the procedure of the board in 110
administering the laws which it has the authority or duty to 111
administer and for the purpose of invoking the jurisdiction of 112
the board in hearing appeals of appointing authorities and 113
employees in matters set forth in divisions (A) and (B) of this 114
section; 115
(G) Subpoena and require the attendance and testimony of 117
witnesses and the production of books, papers, public records, 118
and other documentary evidence pertinent to any matter which it 119
has authority to investigate, inquire into, or hear in the same 120
manner and to the same extent as provided by division (G) of 121
section 124.09 of the Revised Code. All witness fees shall be 122
paid in the manner set forth in that division. 123
(H) The board shall be funded by general revenue fund 125
appropriations. All moneys received by the board for copies of 126
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documents, rule books, and transcriptions shall be paid into the 127
state treasury to the credit of the transcript and other 128
documents fund, which is hereby created to defray the cost of 129
furnishing or making available such copies, rule books, and 130
transcriptions. 131
Sec. 124.09. The director of administrative services shall 141
do all of the following:
(A) Prescribe, amend, and enforce administrative rules for 143
the purpose of carrying out the functions, powers, and duties 144
vested in and imposed upon the director by this chapter. Except 146
in the case of rules adopted pursuant to section 124.14 of the 147
Revised Code, the prescription, amendment, and enforcement of 148
rules under this division are subject to approval, disapproval, 149
or modification by the state personnel board of review. 150
(B) Keep records of the director's proceedings and records 152
of all applications for examinations and all examinations 153
conducted by the director. All such records, except examinations 154
and recommendations of former employers, shall be open to public 156
inspection under reasonable regulations; provided the governor, 157
or any person designated by the governor, may, for the purpose of 158
investigation, have free access to all such records, whenever the 159
governor has reason to believe that this chapter, or the 160
administrative rules of the director prescribed under such 161
sections, are being violated.
(C) Prepare, continue, and keep in the office of the 163
department, a complete roster of all persons in the classified 164
service WHO ARE PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE. 165
This roster shall be open to public inspection at all reasonable 167
hours. It shall show in reference to each of such THOSE persons, 168
the person's name, address, the date of appointment to or 169
employment in such THE CLASSIFIED service, the person's AND 170
salary or compensation, the title of the place or office which 171
THAT the person holds, the nature of the duties thereof OF THAT 172
PLACE OR OFFICE, and, in case of the person's removal or 173
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resignation, the date of the termination of such THAT service. 174
(D) Approve the establishment of all new positions in the 176
civil service of the state and the reestablishment of abolished 177
positions. 178
(E) Require the abolishment of any position in the civil 180
service of the state that is not filled after a period of twelve 181
months unless it is determined that the position is seasonal in 182
nature or that the vacancy is otherwise justified. 183
(F) Make investigations concerning all matters touching 185
the enforcement and effect of this chapter, and the 186
administrative rules of the director prescribed under such 187
sections THIS CHAPTER. In the course of such investigations, the 188
director or the director's deputy may administer oaths and 189
affirmations, and take testimony relative to any matter which the 191
director has authority to investigate. 192
(G) Have the power to subpoena and require the attendance 194
and testimony of witnesses and the production of books, papers, 195
public records, and other documentary evidence pertinent to the 196
investigations, inquiries, or hearings on any matter which the 197
director has authority to investigate, inquire into or hear, and 198
to examine them in relation to any matter which the director has 199
authority to investigate, inquire into, or hear. Fees shall be 200
allowed to witnesses, and on their certificate, duly audited, 201
shall be paid by the treasurer of state, or in the case of 202
municipal or civil service township civil service commissions by 203
the county treasurer, for attendance and traveling, as is 204
provided in section 2335.06 of the Revised Code for witnesses in 205
courts of record. All officers in the civil service of the state 206
or any of the political subdivisions thereof and their deputies, 207
clerks, and employees shall attend and testify when summoned to 208
do so by the director or the state personnel board of review. 209
Depositions of witnesses may be taken by the director or the 210
board, or any member thereof, in the manner prescribed by law for 211
like depositions in civil actions in the courts of common pleas. 212
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In case any person, in disobedience to any subpoena issued by the 213
director or the board, or any member thereof, or the chief 214
examiner, fails or refuses to attend and testify to any matter 215
regarding which the person may be lawfully interrogated, or 216
produce any documentary evidence pertinent to any investigation, 218
inquiry, or hearing, the court of common pleas of any county, or 219
any judge thereof, where such disobedience, failure, or refusal 220
occurs, upon application of the director or the board, or any 221
member thereof, or a municipal or civil service township civil 222
service commission, or any commissioner thereof, or their chief 223
examiner, shall compel obedience by attachment proceedings for 224
contempt as in the case of disobedience of the requirements of a 225
subpoena issued from such courts or a refusal to testify therein. 226
(H) Make a report to the governor, on or before the first 228
day of January of each year, showing the director's actions, the 230
rules and all exceptions thereto in force, and any 231
recommendations for the more effectual accomplishment of the 232
purposes of this chapter. The director shall also furnish any 233
special reports to the governor whenever the governor requests 234
them. Such reports shall be printed for public distribution 236
under the same regulations as are the reports of other state 237
officers, boards, or commissions. 238
Sec. 124.10. (A) Any creditor or judgment creditor of an 247
employee or officer of the state may maintain against the state 248
any action or proceeding in attachment or garnishment, or in aid 249
of execution to subject to the payment of his THE CREDITOR'S OR 250
JUDGMENT CREDITOR'S claim or judgment any salary, wages, or other 251
compensation owing to any such employee or officer of the state, 252
in the same manner, to the same extent, and in the same courts as 254
any creditor or judgment creditor may, under the laws of this 255
state, subject moneys due his A debtor or judgment debtor from 256
any person.
In any such action or proceeding against the state, the 258
order and notice of attachment, garnishment, or proceeding in aid 259
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of execution shall be served upon the director of administrative 260
services and shall set forth the name of the state agency in 261
which such THE debtor or judgment debtor is employed. 262
(B) NO PROCEEDING IN GARNISHMENT OF PERSONAL EARNINGS 265
BROUGHT UNDER SECTION 2716.03 OF THE REVISED CODE SHALL BE 266
BROUGHT AGAINST A JUDGMENT DEBTOR SOONER THAN THIRTY DAYS AFTER 268
THE TIME AN ORDER AND NOTICE OF GARNISHMENT IS SERVED UPON THE
DIRECTOR OF ADMINISTRATIVE SERVICES, REGARDLESS OF WHO BRINGS THE 269
PROCEEDING OR WHO BROUGHT THE LAST SUCCESSFUL PROCEEDING. 270
(C) If, at the time an order and notice of garnishment is 272
served upon the director of administrative services pursuant to 273
section 2716.05 of the Revised Code, he THE DIRECTOR has lost 274
administrative control of disposable earnings of the defendant 276
that are being held back, the director may answer question 4(B) 277
of the "Answer of Employer (Garnishee)." In such a case, the 278
director, as garnishee, shall answer the order and notice of 279
garnishment on the first workday following the defendant's next 280
subsequent pay period, notwithstanding any other different time 281
of answer prescribed by Chapter 2716. of the Revised Code. If, 282
at the time an order and notice of garnishment is served upon him 283
THE DIRECTOR pursuant to section 2716.05 of the Revised Code, the 284
director has not lost administrative control of disposable 285
earnings of the defendant that are being held back, the director, 286
as garnishee, shall answer the order and notice of garnishment on 287
the first workday following the then-current pay period, 288
notwithstanding any different time of answer prescribed by 289
Chapter 2716. of the Revised Code. 290
Sec. 124.11. The civil service of the state and the 299
several counties, cities, civil service townships, city health 300
districts, general health districts, and city school districts 301
thereof shall be divided into the unclassified service and the 302
classified service. 303
(A) The unclassified service shall comprise the following 305
positions, which shall not be included in the classified service, 306
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and which shall be exempt from all examinations required by this 307
chapter: 308
(1) All officers elected by popular vote or persons 310
appointed to fill vacancies in such offices; 311
(2) All election officers as defined in section 3501.01 of 313
the Revised Code; 314
(3) The members of all boards and commissions, and heads 316
of principal departments, boards, and commissions appointed by 317
the governor or by and with the governor's consent; and the 318
members of all boards and commissions and all heads of 319
departments appointed by the mayor, or, if there is no mayor, 320
such other similar chief appointing authority of any city or city 321
school district; except as otherwise provided in division (A)(17) 322
or (C) of this section, this chapter does not exempt the chiefs 323
of police departments and chiefs of fire departments of cities or 324
civil service townships from the competitive classified service; 325
(4) The members of county or district licensing boards or 327
commissions and boards of revision, and deputy county auditors; 328
(5) All officers and employees elected or appointed by 330
either or both branches of the general assembly, and such 331
employees of the city legislative authority as are engaged in 332
legislative duties; 333
(6) All commissioned, warrant, and noncommissioned 335
officers and enlisted persons in the Ohio organized militia, 337
including military appointees in the adjutant general's 339
department;
(7)(a) All presidents, business managers, administrative 341
officers, superintendents, assistant superintendents, principals, 342
deans, assistant deans, instructors, teachers, and such employees 343
as are engaged in educational or research duties connected with 344
the public school system, colleges, and universities, as 345
determined by the governing body of the public school system, 346
colleges, and universities; 347
(b) The library staff of any library in the state 349
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supported wholly or in part at public expense. 350
(8) Four clerical and administrative support employees for 352
each of the elective state officers; and three clerical and 353
administrative support employees for other elective officers and 354
each of the principal appointive executive officers, boards, or 355
commissions, except for civil service commissions, that are 356
authorized to appoint such clerical and administrative support 357
employees; 358
(9) The deputies and assistants of state agencies 360
authorized to act for and on behalf of the agency, or holding a 361
fiduciary or administrative relation to that agency and those 362
persons employed by and directly responsible to elected county 363
officials or a county administrator and holding a fiduciary or 364
administrative relationship to such elected county officials or 365
county administrator, and the employees of such county officials 366
whose fitness would be impracticable to determine by competitive 368
examination, provided that division (A)(9) of this section shall 369
not affect those persons in county employment in the classified 370
service as of September 19, 1961. Nothing in division (A)(9) of 371
this section applies to any position in a county department of 372
human services created pursuant to Chapter 329. of the Revised 373
Code. 374
(10) Bailiffs, constables, official stenographers, and 376
commissioners of courts of record, deputies of clerks of the 377
courts of common pleas who supervise, or who handle public moneys 378
or secured documents, and such officers and employees of courts 379
of record and such deputies of clerks of the courts of common 380
pleas as the director of administrative services finds it 381
impracticable to determine their fitness by competitive 382
examination; 383
(11) Assistants to the attorney general, special counsel 385
appointed or employed by the attorney general, assistants to 386
county prosecuting attorneys, and assistants to city directors of 387
law; 388
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(12) Such teachers and employees in the agricultural 390
experiment stations; such students in normal schools, colleges, 391
and universities of the state who are employed by the state or a 392
political subdivision of the state in student or intern 393
classifications; and such unskilled labor positions as the 394
director of administrative services or any municipal civil 395
service commission may find it impracticable to include in the 396
competitive classified service; provided such exemptions shall be 397
by order of the commission or the director, duly entered on the 398
record of the commission or the director with the reasons for 399
each such exemption; 400
(13) Any physician or dentist who is a full-time employee 402
of the department of mental health or the department of mental 403
retardation and developmental disabilities or of an institution 404
under the jurisdiction of either department; and physicians who 405
are in residency programs at the institutions; 406
(14) Up to twenty positions at each institution under the 408
jurisdiction of the department of mental health or the department 409
of mental retardation and developmental disabilities that the 410
department director determines to be primarily administrative or 411
managerial; and up to fifteen positions in any division of either 412
department, excluding administrative assistants to the director 413
and division chiefs, which are within the immediate staff of a 414
division chief and which the director determines to be primarily 415
and distinctively administrative and managerial; 416
(15) Noncitizens of the United States employed by the 418
state, or its counties or cities, as physicians or nurses who are 419
duly licensed to practice their respective professions under the 420
laws of Ohio, or medical assistants, in mental, tuberculosis, or 421
chronic disease hospitals, or institutions; 422
(16) Employees of the governor's office; 424
(17) Fire chiefs and chiefs of police in civil service 426
townships appointed by boards of township trustees under section 427
505.38 or 505.49 of the Revised Code; 428
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(18) Executive directors, deputy directors, and program 430
directors employed by boards of alcohol, drug addiction, and 431
mental health services under Chapter 340. of the Revised Code, 432
and secretaries of the executive directors, deputy directors, and 433
program directors; 434
(19) Superintendents, and management employees as defined 436
in section 5126.20 of the Revised Code, of county boards of 437
mental retardation and developmental disabilities; 438
(20) Physicians, nurses, and other employees of a county 440
hospital who are appointed pursuant to sections 339.03 and 339.06 441
of the Revised Code; 442
(21) The executive director of the state medical board, 444
who is appointed pursuant to division (B) of section 4731.05 of 445
the Revised Code; 446
(22) County directors of human services as provided in 448
section 329.02 of the Revised Code and administrators appointed 449
under section 329.021 of the Revised Code; 450
(23) A director of economic development who is hired 452
pursuant to division (A) of section 307.07 of the Revised Code; 453
(24) Chiefs of construction and compliance, of operations 455
and maintenance, and of licensing and certification in the 456
division of industrial compliance in the department of commerce; 457
(25) The executive director of a county transit system 459
appointed under division (A) of section 306.04 of the Revised 460
Code;
(26) Up to five positions at each of the administrative 462
departments listed in section 121.02 of the Revised Code and at 463
the department of taxation, department of the adjutant general, 464
department of education, Ohio board of regents, bureau of 465
employment services, bureau of workers' compensation, industrial 466
commission, state lottery commission, and public utilities 467
commission of Ohio that the head of that administrative 468
department or of that other state agency determines to be
involved in policy development and implementation. The head of 469
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the administrative department or other state agency shall set the 470
compensation for employees in these positions at a rate that is 471
not less than the minimum compensation specified in pay range 41 472
but not more than the maximum compensation specified in pay range 473
44 of salary schedule E-2 in section 124.152 of the Revised Code. 474
The authority to establish positions in the unclassified service 475
under division (A)(26) of this section is in addition to and does 476
not limit any other authority that an administrative department 477
or state agency has under the Revised Code to establish 478
positions, appoint employees, or set compensation. 479
(27) Employees of the department of agriculture employed 481
under section 901.09 of the Revised Code; 482
(28) For cities, counties, civil service townships, city 484
health districts, general health districts, and city school 486
districts, the deputies and assistants of elective or principal 487
executive officers authorized to act for and in the place of 488
their principals or holding a fiduciary relation to their
principals; 489
(29) EMPLOYEES WHO RECEIVE EXTERNAL INTERIM, INTERMITTENT, 491
OR TEMPORARY APPOINTMENTS UNDER DIVISION (B) OF SECTION 124.30 OF 492
THE REVISED CODE;
(30) EMPLOYEES APPOINTED TO ADMINISTRATIVE STAFF POSITIONS 494
FOR WHICH AN APPOINTING AUTHORITY IS GIVEN SPECIFIC STATUTORY 495
AUTHORITY TO SET COMPENSATION; 496
(31) EMPLOYEES APPOINTED TO HIGHWAY PATROL CADET OR 498
HIGHWAY PATROL CADET CANDIDATE CLASSIFICATIONS. 499
(B) The classified service shall comprise all persons in 501
the employ of the state and the several counties, cities, city 502
health districts, general health districts, and city school 503
districts thereof, not specifically included in the unclassified 504
service. Upon the creation by the board of trustees of a civil 505
service township civil service commission, the classified service 506
shall also comprise, except as otherwise provided in division 507
(A)(17) or (C) of this section, all persons in the employ of 508
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civil service township police or fire departments having ten or 509
more full-time paid employees. The classified service consists 510
of two classes, which shall be designated as the competitive 511
class and the unskilled labor class. 512
(1) The competitive class shall include all positions and 514
employments in the state and the counties, cities, city health 515
districts, general health districts, and city school districts 516
thereof, and upon the creation by the board of trustees of a 517
civil service township of a township civil service commission all 518
positions in civil service township police or fire departments 519
having ten or more full-time paid employees, for which it is 520
practicable to determine the merit and fitness of applicants by 521
competitive examinations. Appointments shall be made to, or 522
employment shall be given in, all positions in the competitive 523
class that are not filled by promotion, reinstatement, transfer, 524
or reduction, as provided in this chapter, and the rules of the 525
director of administrative services, by appointment from those 526
certified to the appointing officer in accordance with this 527
chapter. 528
(2) The unskilled labor class shall include ordinary 530
unskilled laborers. Vacancies in the labor class shall be filled 531
by appointment from lists of applicants registered by the 532
director. The director of OR the commission, by rule, shall 533
require an applicant for registration in the labor class to 535
furnish such evidence or take such tests as the director 536
considers proper with respect to age, residence, physical 537
condition, ability to labor, honesty, sobriety, industry, 538
capacity, and experience in the work or employment for which 539
application is made. Laborers who fulfill the requirements shall 540
be placed on the eligible list for the kind of labor or 541
employment sought, and preference shall be given in employment in 542
accordance with the rating received from such evidence or in such 543
tests. Upon the request of an appointing officer, stating the 544
kind of labor needed, the pay and probable length of employment, 545
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and the number to be employed, the director shall certify from 546
the highest on the list double the number to be employed; from 547
this number the appointing officer shall appoint the number 548
actually needed for the particular work. If more than one 549
applicant receives the same rating, priority in time of 550
application shall determine the order in which their names shall 551
be certified for appointment.
(C) A municipal or civil service township civil service 553
commission may place volunteer firefighters who are paid on a 555
fee-for-service basis in either the classified or the 556
unclassified civil service. 557
(D) THIS DIVISION DOES NOT APPLY TO PERSONS IN THE 559
UNCLASSIFIED SERVICE WHO HAVE THE RIGHT TO RESUME POSITIONS IN 560
THE CLASSIFIED SERVICE UNDER SECTIONS 4121.121, 5119.071, 561
5120.07, 5120.38, 5120.381, 5120.382, 5123.08, 5139.02, AND 562
5501.19 OF THE REVISED CODE. 563
AN APPOINTING AUTHORITY WHOSE EMPLOYEES ARE PAID DIRECTLY 566
BY WARRANT OF THE AUDITOR OF STATE MAY APPOINT A PERSON WHO HOLDS 567
A CERTIFIED POSITION IN THE CLASSIFIED SERVICE WITHIN THE 568
APPOINTING AUTHORITY'S AGENCY TO A POSITION IN THE UNCLASSIFIED
SERVICE WITHIN THAT AGENCY. A PERSON APPOINTED PURSUANT TO THIS 571
DIVISION TO A POSITION IN THE UNCLASSIFIED SERVICE SHALL RETAIN
THE RIGHT TO RESUME THE POSITION AND STATUS HELD BY THE PERSON IN 573
THE CLASSIFIED SERVICE IMMEDIATELY PRIOR TO THE PERSON'S
APPOINTMENT TO THE POSITION IN THE UNCLASSIFIED SERVICE, 574
REGARDLESS OF THE NUMBER OF POSITIONS THE PERSON HELD IN THE 576
UNCLASSIFIED SERVICE. REINSTATEMENT TO A POSITION IN THE
CLASSIFIED SERVICE SHALL BE TO A POSITION SUBSTANTIALLY EQUAL TO 577
THAT POSITION IN THE CLASSIFIED SERVICE HELD PREVIOUSLY, AS 579
CERTIFIED BY THE DIRECTOR OF ADMINISTRATIVE SERVICES. IF THE
POSITION THE PERSON PREVIOUSLY HELD IN THE CLASSIFIED SERVICE HAS 580
BEEN PLACED IN THE UNCLASSIFIED SERVICE OR IS OTHERWISE 582
UNAVAILABLE, THE PERSON SHALL BE APPOINTED TO A POSITION IN THE 583
CLASSIFIED SERVICE WITHIN THE APPOINTING AUTHORITY'S AGENCY THAT 584
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THE DIRECTOR OF ADMINISTRATIVE SERVICES CERTIFIES IS COMPARABLE
IN COMPENSATION TO THE POSITION THE PERSON PREVIOUSLY HELD IN THE 585
CLASSIFIED SERVICE. SERVICE IN THE POSITION IN THE UNCLASSIFIED 587
SERVICE SHALL BE COUNTED AS SERVICE IN THE POSITION IN THE 588
CLASSIFIED SERVICE HELD BY THE PERSON IMMEDIATELY PRIOR TO THE
PERSON'S APPOINTMENT TO THE POSITION IN THE UNCLASSIFIED SERVICE. 589
WHEN A PERSON IS REINSTATED TO A POSITION IN THE CLASSIFIED 591
SERVICE AS PROVIDED IN THIS DIVISION, THE PERSON IS ENTITLED TO 592
ALL RIGHTS, STATUS, AND BENEFITS ACCRUING TO THE POSITION IN THE 593
CLASSIFIED SERVICE DURING THE PERSON'S TIME OF SERVICE IN THE
POSITION IN THE UNCLASSIFIED SERVICE. 595
Sec. 124.13. (A) The grant of vacation leave to full-time 604
employees under this division is subject to division (B) of this 605
section AS USED IN THIS SECTION, "STATE EMPLOYEE" MEANS A STATE 606
EMPLOYEE WHO DOES NOT ACCRUE VACATION LEAVE UNDER SECTION 124.134 607
OF THE REVISED CODE.
(B) Each full-time state employee OR COUNTY HUMAN SERVICES 609
DEPARTMENT EMPLOYEE, including full-time hourly rate employees, 611
after service of one year with the state, or any political 612
subdivision of the state, shall have earned and will be due upon 613
the attainment of the first year of employment, and annually 614
thereafter, eighty hours of vacation leave with full pay. One 615
year of service shall be computed on the basis of twenty-six 616
biweekly pay periods. A full-time state employee, or county 617
human services DEPARTMENT employee with eight or more years of 619
service with the state or any political subdivision of the state 620
shall have earned and is entitled to one hundred twenty hours of 621
vacation leave with full pay. A full-time state employee or 622
county human services DEPARTMENT employee with fifteen or more 623
years of service with the state or any political subdivision of 624
the state shall have earned and is entitled to one hundred sixty 625
hours of vacation leave with full pay. A full-time state 626
employee or county human services DEPARTMENT employee with 627
twenty-five years of service with the state or any political 629
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subdivision of the state shall have earned and is entitled to two 630
hundred hours of vacation leave with full pay. Such vacation 631
leave shall accrue to the employee at the rate of three and 632
one-tenth hours each biweekly period for those entitled to eighty 633
hours per year; four and six-tenths hours each biweekly period 634
for those entitled to one hundred twenty hours per year; six and 635
two-tenths hours each biweekly period for those entitled to one 636
hundred sixty hours per year; and seven and seven-tenths hours 637
each biweekly period for those entitled to two hundred hours per 638
year.
(B)(C) Full-time STATE AND COUNTY HUMAN SERVICES 640
DEPARTMENT employees who are in active pay status for less than 642
eighty hours in a pay period, and part-time STATE employees,
shall earn vacation leave on a prorated basis. The ratio between 644
the hours worked and the vacation hours earned by these classes 645
of employees shall be the same as the ratio between the hours 646
worked and the vacation hours earned by a full-time STATE OR 647
COUNTY HUMAN SERVICES DEPARTMENT employee who works forty hours 648
in a pay period and who has the same amount of service as 649
provided for in this section.
(C)(D) AN EMPLOYEE SHALL TAKE VACATION LEAVE DURING THE 651
YEAR IN WHICH IT ACCRUES AND IS AVAILABLE FOR USE THAT EQUALS NOT 653
LESS THAN THE AMOUNT OF VACATION LEAVE THAT THE EMPLOYEE ACCRUES 654
AND HAS AVAILABLE TO USE DURING THAT YEAR, EXCEPT THAT AN 656
APPOINTING AUTHORITY MAY PERMIT AN EMPLOYEE TO CARRY OVER
VACATION LEAVE TO THE FOLLOWING YEAR. AS USED IN THIS DIVISION, 657
"YEAR" MEANS THE TWELVE-MONTH PERIOD THAT COMMENCES ON AN 658
EMPLOYEE'S ANNIVERSARY DATE OF EMPLOYMENT. Employees shall 659
forfeit their right to take or to be paid for any vacation leave 661
to their credit which is in excess of the accrual for three 662
years. Such excess leave shall be eliminated from the employees' 663
leave balance.
(D)(E) Upon separation from state service an employee 665
shall be entitled to compensation at the employee's current rate 667
17
of pay for all lawfully accrued and unused vacation leave to the 668
employee's credit at the time of separation up to three years. 669
In case of transfer of an employee from one state agency to 670
another, or between a county and the state, the employee may 671
elect to be compensated at the employee's current rate of pay for 672
accrued and unused vacation leave at the time of transfer by the 673
releasing agency or to retain the accrued and unused vacation 674
leave. In case of death of an employee such unused vacation 675
leave shall be paid in accordance with section 2113.04 of the 676
Revised Code, or to the employee's estate. Notwithstanding
section 325.19 of the Revised Code, county human services 677
employees shall receive vacation benefits as provided in this 678
section. 679
(E) This section does not apply to employees who accrue 681
vacation leave under section 124.134 of the Revised Code. 682
Sec. 124.134. (A) Each full-time permanent state employee 691
paid in accordance with section 124.152 of the Revised Code and 692
those employees listed in divisions (B)(2) and (4) of section 693
124.14 of the Revised Code, after service of one year, shall have 694
earned and will be due upon the attainment of the first year of 695
employment, and annually thereafter, eighty hours of vacation 696
leave with full pay. One year of service shall be computed on 697
the basis of twenty-six biweekly pay periods. A full-time 698
permanent state employee with five or more years of service shall 699
have earned and is entitled to one hundred twenty hours of 700
vacation leave with full pay. A full-time permanent state 701
employee with ten or more years of service shall have earned and 702
is entitled to one hundred sixty hours of vacation leave with 703
full pay. A full-time permanent state employee with fifteen or 704
more years of service shall have earned and is entitled to one 705
hundred eighty hours of vacation leave with full pay. A 706
full-time permanent state employee with twenty or more years of 707
service shall have earned and is entitled to two hundred hours of 708
vacation leave with full pay. A full-time permanent state 709
18
employee with twenty-five or more years of service shall have 710
earned and is entitled to two hundred forty hours of vacation 711
leave with full pay. Such vacation leave shall accrue to the 712
employee at the rate of three and one-tenth hours each biweekly 713
period for those entitled to eighty hours per year; four and 714
six-tenths hours each biweekly period for those entitled to one 715
hundred twenty hours per year; six and two-tenths hours each 716
biweekly period for those entitled to one hundred sixty hours per 717
year; six and nine-tenths each biweekly period for those entitled 718
to one hundred eighty hours per year; seven and seven-tenths 719
hours each biweekly period for those entitled to two hundred 720
hours per year; and nine and two-tenths each biweekly period for 721
those entitled to two hundred forty hours per year. 722
The amount of an employee's service shall be determined in 724
accordance with the standard specified in section 9.44 of the 725
Revised Code. Credit for prior service, including an increased 727
vacation accrual rate and longevity supplement, shall take effect
during the first pay period that begins immediately following the 728
date the director of administrative services approves granting 729
credit for that prior service. No employee, OTHER THAN AN 730
EMPLOYEE WHO SUBMITS PROOF OF PRIOR SERVICE WITHIN NINETY DAYS 731
AFTER THE DATE OF THE EMPLOYEE'S HIRING, shall receive any amount 732
of vacation leave for the period prior to the date of the 733
director's approval of the grant of credit for prior service. 734
Part-time permanent employees who are paid in accordance 737
with section 124.152 of the Revised Code and full-time permanent 738
employees subject to this section who are in active pay status 739
for less than eighty hours in a pay period shall earn vacation 740
leave on a prorated basis. The ratio between the hours worked 741
and the vacation hours earned by these classes of employees shall 742
be the same as the ratio between the hours worked and the 743
vacation hours earned by a full-time permanent employee with the 744
same amount of service as provided for in this section.
(B) Except as otherwise provided in this section, 746
19
employees EMPLOYEES granted leave under this section shall 748
forfeit their right to take or to be paid for any vacation leave 749
to their credit which is in excess of the accrual for three
years. Such excess leave shall be eliminated from the employees' 750
leave balance. If an employee's vacation leave credit is in 751
excess AT, OR WILL REACH IN THE IMMEDIATELY FOLLOWING PAY PERIOD, 752
THE MAXIMUM of the accrual for three years and the employee has 754
been denied the use of vacation leave during the immediately 755
preceding twelve months, the employee, at the employee's request, 756
shall be paid IN A PAY PERIOD for all or a portion of the 757
vacation leave the employee was denied, in the amount designated 760
by the employee UP TO THE MAXIMUM AMOUNT THE EMPLOYEE WOULD BE 762
ENTITLED TO BE PAID FOR IN ANY PAY PERIOD. AN EMPLOYEE IS NOT 763
ENTITLED TO RECEIVE PAYMENT FOR VACATION LEAVE DENIED IN ANY PAY
PERIOD IN WHICH THE EMPLOYEE'S VACATION LEAVE CREDIT IS NOT AT, 765
OR WILL NOT REACH IN THE IMMEDIATELY FOLLOWING PAY PERIOD, THE 766
MAXIMUM OF ACCRUAL FOR THREE YEARS. Any vacation leave for which 767
an employee receives payment shall be deducted from the 768
employee's vacation leave balance. Such payment shall not be 769
made for any leave accrued in the same calendar year in which the 771
payment is made.
(C) Upon separation from state service an employee granted 774
leave under this section is entitled to compensation at the 775
employee's current rate of pay for all unused vacation leave 777
accrued under this section or section 124.13 of the Revised Code 778
to the employee's credit. In case of transfer of an employee 780
from one state agency to another, the employee may elect to be 781
compensated at the employee's current rate of pay for accrued and 782
unused vacation leave at the time of transfer by the releasing 783
agency or to SHALL retain the accrued and unused vacation leave. 784
In case of death of an employee such unused vacation leave shall 786
be paid in accordance with section 2113.04 of the Revised Code, 787
or to the employee's estate. AN EMPLOYEE SERVING IN A TEMPORARY 788
WORK LEVEL OR AN INTERIM APPOINTMENT WHO IS ELIGIBLE TO RECEIVE 789
20
COMPENSATION UNDER THIS DIVISION SHALL BE COMPENSATED AT THE BASE 790
RATE OF PAY OF THE EMPLOYEE'S NORMAL CLASSIFICATION. 791
Sec. 124.14. (A) The director of administrative services 800
shall establish, and may modify or repeal, by rule, a job 801
classification plan for all positions, offices, and employments 802
the salaries of which are paid in whole or in part by the state. 803
The director shall group jobs within a classification so that the 804
positions are similar enough in duties and responsibilities to be 805
described by the same title, to have the same pay assigned with 806
equity, and to have the same qualifications for selection 807
applied. The director shall, by rule, assign a classification 808
title to each classification within the classification plan. 809
However, the director shall consider in establishing 810
classifications, including classifications with parenthetical 811
titles, and assigning pay ranges such factors as duties performed 812
only on one shift, special skills in short supply in the labor 813
market, recruitment problems, separation rates, comparative 814
salary rates, the amount of training required, and other 815
conditions affecting employment. The director shall describe the 816
duties and responsibilities of the class and establish the 817
qualifications for being employed in that position, and shall 818
file with the secretary of state a copy of specifications for all 819
of the classifications. The director shall file new, additional, 820
or revised specifications with the secretary of state before 821
being used. The director shall, by rule, assign each 822
classification, either on a statewide basis or in particular 823
counties or state institutions, to a pay range established under 824
section 124.15 or section 124.152 of the Revised Code. The 825
director may assign a classification to a pay range on a 826
temporary basis for a period of time designated in the rule. THE 827
DIRECTOR MAY ESTABLISH, BY RULE ADOPTED UNDER CHAPTER 119. OF THE 828
REVISED CODE, EXPERIMENTAL CLASSIFICATION PLANS FOR SOME OR ALL 829
EMPLOYEES PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE. THE 830
ADMINISTRATIVE RULE SHALL INCLUDE SPECIFICATIONS FOR EACH 831
21
CLASSIFICATION WITHIN THE PLAN AND SHALL SPECIFICALLY ADDRESS 832
COMPENSATION RANGES, AND METHODS FOR ADVANCING WITHIN THE RANGES,
FOR THE CLASSIFICATIONS, WHICH MAY BE ASSIGNED TO PAY RANGES 833
OTHER THAN THE PAY RANGES ESTABLISHED UNDER SECTION 124.15 OR 834
124.152 OF THE REVISED CODE.
The director may reassign to a proper classification those 836
positions that have been assigned to an improper classification. 837
If the compensation of an employee in such a reassigned position 838
exceeds the maximum rate of pay for the employee's new 839
classification, the employee shall be placed in pay step X and 840
shall not receive an increase in compensation until the maximum 841
rate of pay for that classification exceeds the employee's 842
compensation.
The director may reassign an exempt employee, as defined in 844
section 124.152 of the Revised Code, to a bargaining unit 845
classification if the director determines that the bargaining 847
unit classification is the proper classification for that
employee. Notwithstanding Chapter 4117. of the Revised Code or 848
instruments and contracts negotiated under it, such placements 849
are at the director's discretion. 850
The director shall, by rule, assign related 852
classifications, which form a career progression, to a 853
classification series. The director shall, by rule, assign each 854
classification in the classification plan a five-digit number, 855
the first four digits of which shall denote the classification 856
series to which the classification is assigned. When a career 857
progression encompasses more than ten classifications, the 858
director shall, by rule, identify the additional classifications 859
belonging to a classification series. Such additional 860
classifications shall be part of the classification series, 861
notwithstanding the fact that the first four digits of the number 862
assigned to the additional classifications do not correspond to 863
the first four digits of the numbers assigned to other 864
classifications in the classification series. 865
22
The director shall adopt rules in accordance with Chapter 867
119. of the Revised Code for the establishment of a 868
classification plan for county agencies that elect not to use the 869
services and facilities of a county personnel department. The 870
rules shall include a methodology for the establishment of titles 871
unique to county agencies, the use of state classification titles 872
and classification specifications for common positions, the 873
criteria for a county to meet in establishing its own 874
classification plan, and the establishment of what constitutes a 875
classification series for county agencies. 876
(B) Division (A) of this section and sections 124.15 and 878
124.152 of the Revised Code do not apply to the following 879
persons, positions, offices, and employments: 880
(1) Elected officials; 882
(2) Legislative employees, employees of the legislative 884
service commission, employees in the office of the governor, 885
employees who are in the unclassified civil service and exempt 886
from collective bargaining coverage in the office of the 887
secretary of state, auditor of state, treasurer of state, and 888
attorney general, and employees of the supreme court;
(3) Employees of a county children services board that 890
establishes compensation rates under section 5153.12 of the 891
Revised Code; 892
(4) Any position for which the authority to determine 894
compensation is given by law to another individual or entity; 895
(5) Employees of the bureau of workers' compensation whose 898
compensation the administrator of workers' compensation
establishes under division (B) of section 4121.121 of the Revised 899
Code. 900
(C) The director may employ a consulting agency to aid and 902
assist the director in carrying out this section. 903
(D) When the director proposes to modify a classification 905
or the assignment of classes to appropriate pay ranges, the 906
director shall send written notice of the proposed rule to the 907
23
appointing authorities of the affected employees thirty days 908
before the hearing on the proposed rule. The appointing 909
authorities shall notify the affected employees regarding the 910
proposed rule. The director shall also send such appointing 912
authorities notice of any final rule which is adopted within ten 913
days after adoption.
When the director proposes to reclassify any employee so 915
that the employee is adversely affected, the director shall give 916
to the employee affected and to the employee's appointing 918
authority a written notice setting forth the proposed new 919
classification, pay range, and salary. Upon the request of any 920
classified employee who is not serving in a probationary period, 921
the director shall perform a job audit to review the 922
classification of the employee's position to determine whether 923
the position is properly classified. The director shall give to 924
the employee affected and to the employee's appointing authority 926
a written notice of the director's determination whether or not 927
to reclassify the position or to reassign the employee to another 928
classification. An employee or appointing authority desiring a 929
hearing shall file a written request therefor with the state 930
personnel board of review within thirty days after receiving the 931
notice. The board shall set the matter for a hearing and notify 932
the employee and appointing authority of the time and place of 933
the hearing. The employee, appointing authority, or any 934
authorized representative of the employee who wishes to submit 935
facts for the consideration of the board shall be afforded 936
reasonable opportunity to do so. After the hearing, the board 937
shall consider anew the reclassification and may order the 938
reclassification of the employee and require the director to 939
assign the employee to such appropriate classification as the 941
facts and evidence warrant. As provided in division (A) of 942
section 124.03 of the Revised Code, the board may determine the 943
most appropriate classification for the position of any employee 944
coming before the board, with or without a job audit. The board 946
24
shall disallow any reclassification or reassignment 947
classification of any employee when it finds that changes have 948
been made in the duties and responsibilities of any particular 949
employee for political, religious, or other unjust reasons. 950
(E)(1) Employees of each county department of human 952
services shall be paid a salary or wage established by the board 954
of county commissioners. The provisions of section 124.18 of the 955
Revised Code concerning the standard work week apply to employees 956
of county departments of human services. A board of county 957
commissioners may do either of the following: 958
(a) Notwithstanding any other section of the Revised Code, 960
supplement the sick leave, vacation leave, personal leave, and 961
other benefits of any employee of the county department of human 962
services of that county, if the employee is eligible for the 963
supplement under a written policy providing for the supplement; 964
(b) Notwithstanding any other section of the Revised Code, 966
establish alternative schedules of sick leave, vacation leave, 967
personal leave, or other benefits for employees not inconsistent 968
with the provisions of a collective bargaining agreement covering 969
the affected employees. 970
(2) The provisions of division (E)(1) of this section do 972
not apply to employees for whom the state employment relations 973
board establishes appropriate bargaining units pursuant to 974
section 4117.06 of the Revised Code, except in either of the 975
following situations: 976
(a) The employees for whom the state employment relations 978
board establishes appropriate bargaining units elect no 979
representative in a board-conducted representation election. 980
(b) After the state employment relations board establishes 982
appropriate bargaining units for such employees, all employee 983
organizations withdraw from a representation election. 984
(3) Division (E)(1) of this section does not apply to 986
employees of a county department of human services subject to the 987
rules of a county personnel department. 988
25
(F) With respect to officers and employees of 990
state-supported colleges and universities except for the powers 991
and duties of the state personnel board of review, the powers, 992
duties, and functions of the department of administrative 993
services and the director of administrative services specified in 994
this chapter are hereby vested in and assigned to the personnel 995
departments of such colleges and universities subject to a 996
periodic audit and review by the director to guarantee the 997
uniform application of this granting of the director's powers, 999
duties, and functions. Upon the determination or finding of the 1,000
misuse or nonuniform application of this authority granted to the 1,001
personnel department of such state-supported colleges and 1,002
universities, the director shall order and direct the personnel 1,003
functions of such institution until sections 124.01 to 124.64 of 1,004
the Revised Code have been fully complied with. 1,005
(G)(1) Each board of county commissioners may, by a 1,007
resolution adopted by a majority of its members, establish a 1,008
county personnel department to exercise the powers, duties, and 1,009
functions specified in division (G) of this section. As used in 1,010
division (G) of this section, "county personnel department" means 1,011
a county personnel department established by a board of county 1,012
commissioners under division (G)(1) of this section. 1,013
(2) Each board of county commissioners may, by a 1,015
resolution adopted by a majority of its members, designate the 1,016
county personnel department of the county to exercise the powers, 1,017
duties, and functions of the department of administrative 1,018
services and the director of administrative services specified in 1,019
sections 124.01 to 124.64 and Chapter 325. of the Revised Code, 1,020
except for the powers and duties of the state personnel board of 1,021
review, which powers and duties shall not be construed as having 1,022
been modified or diminished in any manner by division (G)(2) of 1,023
this section, with respect to the employees for whom the board of 1,024
county commissioners is the appointing authority or co-appointing 1,025
authority. Upon certification of a copy of the resolution by the 1,026
26
board to the director, these powers, duties, and functions are 1,027
vested in and assigned to the county personnel department with 1,028
respect to the employees for whom the board of county 1,029
commissioners is the appointing authority or co-appointing 1,030
authority. The certification to the director shall be provided 1,031
not later than one hundred twenty days before the first day of 1,032
July of an odd-numbered year, and, following the certification, 1,033
the powers, duties, and functions specified in sections 124.01 to 1,034
124.64 and Chapter 325. of the Revised Code shall be vested in 1,035
and assigned to the county personnel department on that first day 1,036
of July. Nothing in division (G)(2) of this section shall be 1,037
construed to limit the right of any employee who possesses the 1,038
right of appeal to the state personnel board of review to 1,039
continue to possess that right of appeal. 1,040
Any board of county commissioners that has established a 1,042
county personnel department may contract with the department of 1,043
administrative services, another political subdivision, or an 1,044
appropriate public or private entity to provide competitive 1,045
testing services or other appropriate services. 1,046
(3) After the county personnel department of a county has 1,048
assumed the powers, duties, and functions of the department of 1,049
administrative services and the director as described in division 1,050
(G)(2) of this section, any elected official, board, agency, or 1,051
other appointing authority of that county may, upon notification 1,052
to the director, elect to use the services and facilities of the 1,053
county personnel department. Upon the acceptance by the director 1,054
of such notification, the county personnel department shall 1,055
exercise the powers, duties, and functions of the department of 1,056
administrative services and the director as described in division 1,057
(G)(2) of this section with respect to the employees of that 1,058
elected official, board, agency, or other appointing authority. 1,059
The notification to the director shall be provided not later than 1,060
one hundred twenty days before the first day of July of an 1,061
odd-numbered year, and, following the notification, the powers, 1,062
27
duties, and functions specified in sections 124.01 to 124.64 and 1,063
Chapter 325. of the Revised Code with respect to the employees of 1,064
that elected official, board, agency, or other appointing 1,065
authority shall be vested in and assigned to the county personnel 1,066
department on that first day of July. Except for those employees 1,067
under the jurisdiction of the county personnel department, the 1,068
director shall continue to exercise these powers, duties, and 1,069
functions with respect to employees of the county. 1,070
(4) Each board of county commissioners that has 1,072
established a county personnel department may, by a resolution 1,073
adopted by a majority of its members, disband the county 1,074
personnel department and return to the department of 1,075
administrative services for the administration of sections 124.01 1,076
to 124.64 and Chapter 325. of the Revised Code. The board shall, 1,077
not later than one hundred twenty days before the first day of 1,078
July of an odd-numbered year, send the director a certified copy 1,079
of the resolution disbanding the county personnel department. 1,080
All powers, duties, and functions previously vested in and 1,081
assigned to the county personnel department shall return to the 1,082
director on that first day of July. 1,083
(5) Any elected official, board, agency, or appointing 1,085
authority of a county may return to the department of 1,086
administrative services for the administration of sections 124.01 1,087
to 124.64 and Chapter 325. of the Revised Code. The elected 1,088
official, board, agency, or appointing authority shall, not later 1,089
than one hundred twenty days before the first day of July of an 1,090
odd-numbered year, send the director a certified copy of the 1,091
resolution that states its decision. All powers, duties, and 1,092
functions previously vested in and assigned to the county 1,093
personnel department with respect to the employees of that 1,094
elected official, board, agency, or appointing authority shall 1,095
return to the director on that first day of July. 1,096
(6) The director, by rule adopted in accordance with 1,098
Chapter 119. of the Revised Code, shall prescribe criteria and 1,099
28
procedures for granting to each county personnel department the 1,100
powers, duties, and functions of the department of administrative 1,101
services and the director as described in division (G)(2) of this 1,102
section with respect to the employees of an elected official, 1,103
board, agency, or other appointing authority or co-appointing 1,104
authority. The rules shall cover the following criteria and 1,105
procedures: 1,106
(a) The notification to the department of administrative 1,108
services that an elected official, board, agency, or other 1,109
appointing authority of a county has elected to use the services 1,110
and facilities of the county personnel department; 1,111
(b) A requirement that each county personnel department, 1,113
in carrying out its duties, adhere to merit system principles 1,114
with regard to employees of county departments of human services, 1,115
child support enforcement agencies, and public child welfare 1,116
agencies so that there is no threatened loss of federal funding 1,117
for these agencies, and a requirement that the county be 1,118
financially liable to the state for any loss of federal funds due 1,119
to the action or inaction of the county personnel department. 1,120
The costs associated with audits conducted to monitor compliance 1,121
with division (G)(6)(b) of this section shall be borne equally by 1,122
the department of administrative services and the county. 1,123
(c) The termination of services and facilities rendered by 1,125
the department of administrative services, to include rate 1,126
adjustments, time periods for termination, and other related 1,127
matters; 1,128
(d) Authorization for the director of administrative 1,130
services to conduct periodic audits and reviews of county 1,131
personnel departments to guarantee the uniform application of 1,132
this granting of his THE DIRECTOR'S powers, duties, and 1,133
functions. The costs of the audits and reviews shall be borne 1,135
equally by the department of administrative services and the 1,136
county for which the services were performed. 1,137
(e) The dissemination of audit findings under division 1,139
29
(G)(5)(d) of this section, any appeals process relating to 1,140
adverse findings by the department, and the methods whereby the 1,141
county personnel program will revert to the authority of the 1,142
director of administrative services due to misuse or nonuniform 1,143
application of the authority granted to the county under division 1,144
(G)(2) or (3) of this section. 1,145
(H) The director shall establish the rate and method of 1,147
compensation for all employees who are paid directly by warrant 1,148
of the auditor of state and who are serving in positions which 1,149
the director has determined impracticable to include in the state 1,150
job classification plan. This division does not apply to elected 1,151
officials, legislative employees, employees of the legislative 1,152
service commission, employees who are in the unclassified civil 1,153
service and exempt from collective bargaining coverage in the 1,154
office of the secretary of state, auditor of state, treasurer of 1,155
state, and attorney general, employees of the courts, employees 1,156
of the bureau of workers' compensation whose compensation the 1,157
administrator of workers' compensation establishes under division 1,158
(B) of section 4121.121 of the Revised Code, or employees of an 1,159
appointing authority authorized by law to fix the compensation of 1,160
those employees. 1,161
(I) The director shall set the rate of compensation and 1,163
employee benefits for all intermittent, interim, seasonal, 1,164
temporary, emergency, and casual employees who are not considered 1,165
public employees for the purposes of Chapter 4117. UNDER SECTION 1,166
4117.01 of the Revised Code. SUCH EMPLOYEES ARE NOT ENTITLED TO 1,168
RECEIVE EMPLOYEE BENEFITS. This rate of compensation and 1,169
employee benefits shall be equitable in terms of the rate of 1,171
employees serving in the same or similar classifications. This 1,172
division does not apply to elected officials, legislative 1,173
employees, employees of the legislative service commission, 1,174
employees who are in the unclassified civil service and exempt 1,175
from collective bargaining coverage in the office of the
secretary of state, auditor of state, treasurer of state, and 1,176
30
attorney general, employees of the courts, employees of the 1,177
bureau of workers' compensation whose compensation the 1,178
administrator establishes under division (B) of section 4121.121 1,179
of the Revised Code, or employees of an appointing authority 1,180
authorized by law to fix the compensation of those employees.
Sec. 124.15. (A) Board and commission members appointed 1,189
prior to July 1, 1991, shall be paid a salary or wage in 1,190
accordance with the following schedules of rates: 1,191
Schedule B 1,193
Pay Ranges and Step Values 1,194
Range Step 1 Step 2 Step 3 Step 4 1,197
23 Hourly 5.72 5.91 6.10 6.31 1,199
Annually 11897.60 12292.80 12688.00 13124.80 1,201
Step 5 Step 6 1,202
Hourly 6.52 6.75 1,204
Annually 13561.60 14040.00 1,206
Step 1 Step 2 Step 3 Step 4 1,209
24 Hourly 6.00 6.20 6.41 6.63 1,211
Annually 12480.00 12896.00 13332.80 13790.40 1,213
Step 5 Step 6 1,214
Hourly 6.87 7.10 1,216
Annually 14289.60 14768.00 1,218
Step 1 Step 2 Step 3 Step 4 1,221
25 Hourly 6.31 6.52 6.75 6.99 1,223
Annually 13124.80 13561.60 14040.00 14539.20 1,225
Step 5 Step 6 1,226
Hourly 7.23 7.41 1,228
Annually 15038.40 15412.80 1,230
Step 1 Step 2 Step 3 Step 4 1,233
26 Hourly 6.63 6.87 7.10 7.32 1,235
Annually 13790.40 14289.60 14768.00 15225.60 1,237
Step 5 Step 6 1,238
Hourly 7.53 7.77 1,240
Annually 15662.40 16161.60 1,242
31
Step 1 Step 2 Step 3 Step 4 1,245
27 Hourly 6.99 7.23 7.41 7.64 1,247
Annually 14534.20 15038.40 15412.80 15891.20 1,249
Step 5 Step 6 Step 7 1,251
Hourly 7.88 8.15 8.46 1,253
Annually 16390.40 16952.00 17596.80 1,255
Step 1 Step 2 Step 3 Step 4 1,257
28 Hourly 7.41 7.64 7.88 8.15 1,259
Annually 15412.80 15891.20 16390.40 16952.00 1,261
Step 5 Step 6 Step 7 1,263
Hourly 8.46 8.79 9.15 1,265
Annually 17596.80 18283.20 19032.00 1,267
Step 1 Step 2 Step 3 Step 4 1,269
29 Hourly 7.88 8.15 8.46 8.79 1,271
Annually 16390.40 16952.00 17596.80 18283.20 1,273
Step 5 Step 6 Step 7 1,275
Hourly 9.15 9.58 10.01 1,277
Annually 19032.00 19926.40 20820.80 1,279
Step 1 Step 2 Step 3 Step 4 1,281
30 Hourly 8.46 8.79 9.15 9.58 1,283
Annually 17596.80 18283.20 19032.00 19926.40 1,285
Step 5 Step 6 Step 7 1,287
Hourly 10.01 10.46 10.99 1,289
Annually 20820.80 21756.80 22859.20 1,291
Step 1 Step 2 Step 3 Step 4 1,293
31 Hourly 9.15 9.58 10.01 10.46 1,295
Annually 19032.00 19962.40 20820.80 21756.80 1,297
Step 5 Step 6 Step 7 1,299
Hourly 10.99 11.52 12.09 1,301
Annually 22859.20 23961.60 25147.20 1,303
Step 1 Step 2 Step 3 Step 4 1,305
32 Hourly 10.01 10.46 10.99 11.52 1,307
Annually 20820.80 21756.80 22859.20 23961.60 1,309
Step 5 Step 6 Step 7 Step 8 1,311
32
Hourly 12.09 12.68 13.29 13.94 1,313
Annually 25147.20 26374.40 27643.20 28995.20 1,315
Step 1 Step 2 Step 3 Step 4 1,317
33 Hourly 10.99 11.52 12.09 12.68 1,319
Annually 22859.20 23961.60 25147.20 26374.40 1,321
Step 5 Step 6 Step 7 Step 8 1,323
Hourly 13.29 13.94 14.63 15.35 1,325
Annually 27643.20 28995.20 30430.40 31928.00 1,327
Step 1 Step 2 Step 3 Step 4 1,329
34 Hourly 12.09 12.68 13.29 13.94 1,331
Annually 25147.20 26374.40 27643.20 28995.20 1,333
Step 5 Step 6 Step 7 Step 8 1,335
Hourly 14.63 15.35 16.11 16.91 1,337
Annually 30430.40 31928.00 33508.80 35172.80 1,339
Step 1 Step 2 Step 3 Step 4 1,341
35 Hourly 13.29 13.94 14.63 15.35 1,343
Annually 27643.20 28995.20 30430.40 31928.00 1,345
Step 5 Step 6 Step 7 Step 8 1,347
Hourly 16.11 16.91 17.73 18.62 1,349
Annually 33508.80 35172.80 36878.40 38729.60 1,351
Step 1 Step 2 Step 3 Step 4 1,353
36 Hourly 14.63 15.35 16.11 16.91 1,355
Annually 30430.40 31928.00 33508.80 35172.80 1,357
Step 5 Step 6 Step 7 Step 8 1,359
Hourly 17.73 18.62 19.54 20.51 1,361
Annually 36878.40 38729.60 40643.20 42660.80 1,363
Schedule C 1,365
Pay Range and Values 1,366
Range Minimum Maximum 1,368
41 Hourly 10.44 15.72 1,369
Annually 21715.20 32697.60 1,370
42 Hourly 11.51 17.35 1,371
Annually 23940.80 36088.00 1,372
43 Hourly 12.68 19.12 1,373
33
Annually 26374.40 39769.60 1,374
44 Hourly 13.99 20.87 1,375
Annually 29099.20 43409.60 1,376
45 Hourly 15.44 22.80 1,377
Annually 32115.20 47424.00 1,378
46 Hourly 17.01 24.90 1,379
Annually 35380.80 51792.00 1,380
47 Hourly 18.75 27.18 1,381
Annually 39000.00 56534.40 1,382
48 Hourly 20.67 29.69 1,383
Annually 42993.60 61755.20 1,384
49 Hourly 22.80 32.06 1,385
Annually 47424.00 66684.80 1,386
(B) The pay schedule of all employees shall be on a 1,389
biweekly basis, with amounts computed on an hourly basis. 1,390
(C) Part-time employees shall be compensated on an hourly 1,392
basis for time worked, at the rates shown in division (A) of this 1,393
section or in section 124.152 of the Revised Code. 1,394
(D) The salary and wage rates in division (A) of this 1,396
section or in section 124.152 of the Revised Code represent base 1,397
rates of compensation and may be augmented by the provisions of 1,398
section 124.181 of the Revised Code. In those cases where 1,399
lodging, meals, laundry, or other personal services are furnished 1,400
an employee, the actual costs or fair market value thereof shall 1,401
be paid by the employee in such amounts and manner as determined 1,402
by the director of administrative services and approved by the 1,403
director of budget and management, and such services shall not be 1,404
considered as a part of the employee's compensation. An 1,405
appointing authority, with the approval of the director of 1,406
administrative services and the director of budget and 1,407
management, may establish payments to employees for uniforms, 1,408
tools, equipment, and other requirements of the department and 1,409
payments for the maintenance thereof. 1,410
The director of administrative services may review 1,412
34
collective bargaining agreements entered into under Chapter 4117. 1,413
of the Revised Code that cover state employees and determine 1,414
whether certain benefits or payments provided to state employees 1,415
covered by those agreements should also be provided to "exempt 1,416
employees" as defined in EMPLOYEES WHO ARE EXEMPT FROM COLLECTIVE 1,417
BARGAINING COVERAGE AND ARE PAID IN ACCORDANCE WITH section 1,418
124.152 of the Revised Code OR ARE LISTED IN DIVISION (B)(2) OR 1,419
(4) OF SECTION 124.14 OF THE REVISED CODE. On completing the 1,421
review, the director of administrative services, with the 1,422
approval of the director of budget and management, may provide to 1,423
some or all exempt OF THESE employees any payment or benefit, 1,424
except for salary, contained in such a collective bargaining 1,425
agreement even if a IT IS similar TO A payment or benefit is 1,427
already provided by law to some or all of these exempt employees. 1,429
Any payment or benefit so provided shall not exceed the highest 1,430
level for that payment or benefit specified in such a collective 1,431
bargaining agreement. The director of administrative services 1,432
shall not provide, and the director of budget and management 1,433
shall not approve, any payment or benefit to SUCH an exempt 1,434
employee under this division unless the payment or benefit is 1,435
provided pursuant to a collective bargaining agreement to a state 1,436
employee who is in a position with similar duties as, IS 1,437
supervised by, or IS employed by the same appointing authority 1,438
as, the exempt employee to whom the benefit or payment is to be 1,440
provided.
As used in this division, a "payment or benefit ALREADY 1,442
provided by law means" INCLUDES, BUT IS NOT LIMITED TO, 1,444
bereavement, personal, vacation, administrative, and sick leave, 1,447
disability benefits, wages, holiday pay, and pay supplements 1,448
provided to exempt employees under the Revised Code, BUT DOES NOT 1,449
INCLUDE WAGES OR SALARY.
(E) New employees paid under schedule B of division (A) of 1,452
this section or under schedule E-1 of section 124.152 of the 1,453
Revised Code shall be employed at the minimum rate established 1,454
35
for the range unless otherwise provided. Employees with 1,455
qualifications that are beyond the minimum normally required for 1,456
the position and that are determined by the director to be
exceptional may be employed in, or may be transferred or promoted 1,457
to, a position at an advanced step of the range. Further, in 1,458
time of a serious labor market condition when it is relatively 1,459
impossible to recruit employees at the minimum rate for a 1,460
particular classification the entrance rate may be set at an 1,461
advanced step in the range by the director of administrative 1,462
services. This rate may be limited to geographical regions of 1,463
the state. Appointments made to an advanced step under the 1,464
provision regarding exceptional qualifications shall not affect 1,465
the step assignment of employees already serving. However, 1,466
anytime the hiring rate of an entire classification is advanced 1,467
to a higher step all incumbents of that classification being paid 1,468
at a step lower than that being used for hiring, shall be 1,469
advanced beginning at the start of the first pay period 1,470
thereafter to the new hiring rate and any time accrued at the 1,471
lower step will be used to calculate advancement to a succeeding 1,472
step. If the hiring rate of a classification is increased for 1,473
only a geographical region of the state, then only incumbents who 1,474
work in that geographical region shall be advanced to a higher 1,475
step. When an employee in the unclassified service changes from 1,476
one state position to another, or is appointed to a position in 1,477
the classified service, or if an employee in the classified 1,478
service is appointed to a position in the unclassified service, 1,479
the employee's salary or wage in the new position shall be 1,480
determined in the same manner as if the employee were an employee 1,481
in the classified service. When an employee in the unclassified 1,482
service who is not eligible for step increases is appointed to a 1,483
classification in the classified service under which step 1,484
increases are provided, future step increases shall be based on
the date on which the employee last received a pay increase. 1,485
Future step increases shall be effective on the pay period that 1,486
36
is twenty-six pay periods following the employee's last increase. 1,487
If the employee has not received an increase during the previous 1,488
year, the date of the appointment to the classified service shall 1,489
be used to determine the employee's annual step advancement date. 1,490
In reassigning any employee to a classification resulting in a 1,491
pay range increase or to a new pay range as a result of a 1,492
promotion, an increase pay range adjustment, or other 1,493
classification change resulting in a pay range increase, the 1,494
director shall assign such employee to the step in the new pay
range that will provide an increase of approximately four per 1,495
cent if the new pay range can accommodate the increase. When an 1,496
employee is being assigned to a classification or new pay range 1,497
as the result of a class plan change, if the employee has 1,499
completed a probationary period, the employee shall be placed in 1,501
a step no lower than step two of the new pay range. If the
employee has not completed a probationary period, the employee 1,502
may be placed in step one of the new pay range. Such new salary 1,503
or wage shall become effective on such date as the director 1,504
determines.
(F) If employment conditions and the urgency of the work 1,506
require such action, the director of administrative services may, 1,507
upon the application of a department head, authorize payment at 1,508
any rate established within the range for the class of work, for 1,509
work of a casual or intermittent nature or on a project basis. 1,510
Payment at such rates shall not be made to the same individual 1,511
for more than three calendar months in any one calendar year. 1,512
Any such action shall be subject to the approval of the director 1,513
of budget and management as to the availability of funds. This 1,514
section and sections 124.14 and 124.152 of the Revised Code do 1,515
not repeal any authority of any department or public official to 1,516
contract with or fix the compensation of professional persons who 1,517
may be employed temporarily for work of a casual nature or for 1,518
work on a project basis. 1,519
(G) Each state employee paid under schedule B of this 1,522
37
section or under schedule E-1 of section 124.152 of the Revised 1,523
Code shall be advanced to succeeding steps in the range for the 1,524
employee's class according to the schedule established in this
division. Beginning on the first day of the pay period within 1,525
which the employee completes the prescribed probationary period 1,526
in the employee's classification with the state, each employee 1,527
shall receive an automatic salary adjustment equivalent to the 1,528
next higher step within the pay range for the employee's class or 1,529
grade. The base rate of each employee paid under schedule B of 1,530
this section or under schedule E-1 of section 124.152 of the 1,531
Revised Code shall advance at annual intervals thereafter, if the 1,532
employee has maintained satisfactory performance, to the next 1,533
higher step until the maximum step is reached. When an employee 1,534
is promoted or reassigned to a higher pay range, the employee's 1,536
step indicator shall return to "0" or be adjusted to account for 1,537
a probationary period, as appropriate. Step advancement shall 1,539
not be affected by demotion. A promoted employee shall advance
to the next higher step of the pay range on the first day of the 1,540
pay period in which the required probationary period is 1,541
completed. Step advancement shall become effective at the 1,542
beginning of the pay period within which the employee attains the 1,543
necessary length of service. Time spent on authorized leave of 1,544
absence shall be counted for this purpose. 1,545
If determined to be in the best interest of the state 1,547
service, the director of administrative services may, either 1,548
statewide or in selected agencies, adjust the dates on which 1,549
annual step increases are received by employees paid under
schedule E-1 of section 124.152 of the Revised Code. 1,550
(H) Employees in appointive managerial or professional 1,552
positions paid under salary schedule C of this section or under 1,553
salary schedule E-2 of section 124.152 of the Revised Code may be 1,554
appointed at any rate within the appropriate pay range. This 1,555
rate of pay may be adjusted higher or lower within the respective 1,556
pay range at any time the appointing authority so desires as long 1,557
38
as the adjustment is based on the employee's ability to 1,558
successfully administer those duties assigned to the employee. 1,559
Salary adjustments shall not be made more frequently than once in 1,560
any six-month period under this provision to incumbents holding 1,561
the same position and classification. 1,562
(I) When an employee is assigned to duty outside this 1,564
state, the employee may be compensated, upon request of the 1,565
department head and with the approval of the director of 1,566
administrative services at a rate not to exceed fifty per cent in 1,567
excess of the employee's current base rate for the period of time 1,568
spent on such duty.
(J) Unless compensation for members of a board or 1,570
commission is otherwise specifically provided by law, the 1,571
director of administrative services shall establish the rate and 1,572
method of payment for members of boards and commissions pursuant 1,573
to the pay schedules listed in section 124.152 of the Revised 1,574
Code. 1,575
(K) Regular full-time employees in positions assigned to 1,577
classes within the instruction and education administration 1,578
series under the rules of the director of administrative 1,579
services, except certificated employees on the instructional 1,580
staff of the state school for the blind or the state school for 1,581
the deaf, whose positions are scheduled to work on the basis of 1,582
an academic year rather than a full calendar year, shall be paid 1,583
according to the pay range assigned by such rules but only during 1,584
those pay periods included in the academic year of the school 1,585
where the employee is located. 1,586
(1) Part-time or substitute teachers or those whose period 1,588
of employment is other than the full academic year shall be 1,589
compensated for the actual time worked at the rate established by 1,590
this section. 1,591
(2) Employees governed by this division are exempt from 1,593
sections 124.13 and 124.19 of the Revised Code. 1,594
(3) Length of service for the purpose of determining 1,596
39
eligibility for step increases as provided by division (G) of 1,597
this section and for the purpose of determining eligibility for 1,598
longevity pay supplements as provided by division (F) of section 1,599
124.181 of the Revised Code shall be computed on the basis of one 1,600
full year of service for the completion of each academic year. 1,601
(L) The superintendent of the state school for the deaf 1,603
and the superintendent of the state school for the blind shall, 1,604
subject to the approval of the superintendent of public 1,605
instruction, carry out both of the following: 1,606
(1) Annually, between the first day of April and the last 1,608
day of June, establish for the ensuing fiscal year a schedule of 1,609
hourly rates for the compensation of each certificated employee 1,610
on the instructional staff of that superintendent's respective 1,611
school constructed as follows: 1,612
(a) Determine for each level of training, experience, and 1,614
other professional qualification for which an hourly rate is set 1,615
forth in the current schedule, the per cent that rate is of the 1,616
rate set forth in such schedule for a teacher with a bachelor's 1,617
degree and no experience. If there is more than one such rate 1,618
for such a teacher, the lowest rate shall be used to make the 1,619
computation. 1,620
(b) Determine which six city, local, and exempted village 1,622
school districts with territory in Franklin county have in effect 1,623
on, or have adopted by, the first day of April for the school 1,624
year that begins on the ensuing first day of July, teacher salary 1,625
schedules with the highest minimum salaries for a teacher with a 1,626
bachelor's degree and no experience; 1,627
(c) Divide the sum of such six highest minimum salaries by 1,629
ten thousand five hundred sixty; 1,630
(d) Multiply each per cent determined in division 1,632
(L)(1)(a) of this section by the quotient obtained in division 1,633
(L)(1)(c) of this section; 1,634
(e) One hundred five per cent of each product thus 1,636
obtained shall be the hourly rate for the corresponding level of 1,637
40
training, experience, or other professional qualification in the 1,638
schedule for the ensuing fiscal year. 1,639
(2) Annually, assign each certificated employee on the 1,641
instructional staff of the superintendent's respective school to 1,643
an hourly rate on the schedule that is commensurate with the
employee's training, experience, and other professional 1,644
qualifications.
If an employee is employed on the basis of an academic 1,646
year, the employee's annual salary shall be calculated by 1,647
multiplying the employee's assigned hourly rate times one 1,648
thousand seven hundred sixty. If an employee is not employed on 1,649
the basis of an academic year, the employee's annual salary shall 1,650
be calculated in accordance with the following formula: 1,651
(a) Multiply the number of days the employee is required 1,653
to work pursuant to the employee's contract by eight; 1,654
(b) Multiply the product of division (L)(2)(a) of this 1,656
section by the employee's assigned hourly rate. 1,657
Each employee shall be paid an annual salary in biweekly 1,659
installments. The amount of each installment shall be calculated 1,660
by dividing the employee's annual salary by the number of 1,661
biweekly installments to be paid during the year. 1,662
Sections 124.13 and 124.19 of the Revised Code do not apply 1,664
to an employee who is paid under this division. 1,665
As used in this division, "academic year" means the number 1,667
of days in each school year that the schools are required to be 1,668
open for instruction with pupils in attendance. Upon completing 1,669
an academic year, an employee paid under this division shall be 1,670
deemed to have completed one year of service. An employee paid 1,671
under this division is eligible to receive a pay supplement under 1,672
division (L)(1), (2), or (3) of section 124.181 of the Revised 1,673
Code for which the employee qualifies, but is not eligible to 1,674
receive a pay supplement under division (L)(4) or (5) of such 1,675
section. An employee paid under this division is eligible to 1,676
receive a pay supplement under division (L)(6) of section 124.181 1,677
41
of the Revised Code for which the employee qualifies, except that 1,678
the supplement is not limited to a maximum of five per cent of 1,679
the employee's regular base salary in a calendar year. 1,680
(M) Division (A) of this section does not apply to "exempt 1,682
employees" as defined in section 124.152 of the Revised Code who 1,683
are paid under that section. 1,684
Notwithstanding any other provisions of this chapter, when 1,686
an employee transfers between bargaining units or transfers out 1,687
of or into a bargaining unit, the director shall establish the 1,688
employee's compensation and adjust the maximum leave accrual 1,689
schedule as the director deems equitable. 1,690
Sec. 124.18. (A) Forty hours shall be the standard work 1,700
week for all employees whose salary or wage is paid in whole or 1,701
in part by the state or by any state-supported college or 1,702
university. When any employee whose salary or wage is paid in 1,703
whole or in part by the state or by any state-supported college 1,704
or university is required by an authorized administrative 1,705
authority to be in an active pay status more than forty hours in 1,706
any calendar week, the employee shall be compensated for such 1,707
time over forty hours, except as otherwise provided in this 1,709
section, at one and one-half times the employee's regular rate of 1,710
pay. The use of sick leave shall not be considered to be active 1,711
pay status for the purposes of earning overtime or compensatory 1,712
time by employees whose wages are paid directly by warrant of the 1,713
auditor of state. A flexible hours employee is not entitled to 1,714
compensation for overtime work unless the employee's authorized 1,715
administrative authority required the employee to be in active 1,717
pay status for more than forty hours in a calendar week,
regardless of the number of hours the employee works on any day 1,719
in the same calendar week.
The authorized administrative authority shall be designated 1,721
by the appointing authority to the director of administrative 1,722
services. Such compensation for overtime work shall be paid no 1,723
later than at the conclusion of the next succeeding pay period. 1,724
42
If the employee elects to take compensatory time off in 1,726
lieu of overtime pay, for any overtime worked, such compensatory 1,727
time shall be granted by the employee's administrative superior, 1,729
on a time and one-half basis, at a time mutually convenient to 1,730
the employee and the administrative superior. An employee may 1,731
accrue compensatory time to a maximum of two hundred forty hours, 1,732
except that public safety employees and other employees who meet 1,733
the criteria established in the "Federal Fair Labor Standards Act 1,734
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may 1,735
accrue a maximum of four hundred eighty hours of compensatory 1,736
time. An employee shall be paid at the employee's regular rate 1,738
of pay for any hours of compensatory time accrued in excess of 1,739
these maximum amounts if the employee has not used the 1,740
compensatory time within one hundred eighty days after it is 1,741
granted, if the employee transfers to another agency of the 1,742
state, or if a change in the employee's status exempts the 1,743
employee from the payment of overtime compensation. Upon the 1,745
termination of employment, any employee with accrued but unused 1,746
compensatory time shall be paid for that time at a rate that is 1,747
the greater of the employee's final regular rate of pay or the 1,748
employee's average regular rate of pay during the employee's last 1,749
three years of employment with the state. 1,750
No overtime, as described in this section, can be paid 1,752
unless it has been authorized by the authorized administrative 1,753
authority. Employees may be exempted from the payment of 1,754
compensation as required by this section only under the criteria 1,755
for exemption from the payment of overtime compensation 1,756
established in the "Federal Fair Labor Standards Act of 1938," 52 1,757
Stat. 1060, 29 U.S.C.A. 207, 213, as amended. With the approval 1,758
of the director of administrative services, the appointing 1,759
authority may establish a policy to grant compensatory time or to 1,760
pay compensation to state employees who are exempt from overtime 1,761
compensation. With the approval of the board of county 1,762
commissioners, a county human services department may establish a 1,763
43
policy to grant compensatory time or to pay compensation to 1,764
employees of the department who are exempt from overtime 1,765
compensation.
(B) An employee, whose salary or wage is paid in whole or 1,767
in part by the state, shall be paid for the holidays declared in 1,768
section 124.19 of the Revised Code and shall not be required to 1,769
work on such holidays, unless in the opinion of the employee's 1,770
responsible administrative authority failure to work on such 1,771
holidays would impair the public service. An employee shall not 1,772
be paid for a holiday unless the employee was in active pay 1,773
status on the scheduled work day immediately preceding the 1,775
holiday. In the event that any of the holidays declared in 1,776
section 124.19 of the Revised Code should fall on Saturday, the 1,777
Friday immediately preceding shall be observed as the holiday. 1,778
In the event that any of the holidays declared in section 124.19 1,779
of the Revised Code should fall on Sunday, the Monday immediately 1,780
succeeding shall be observed as the holiday. If an employee's 1,781
work schedule is other than Monday through Friday, the employee 1,782
shall be entitled to holiday pay for holidays observed on the 1,784
employee's day off regardless of the day of the week on which 1,786
they are observed. A full-time permanent employee is entitled to 1,787
eight hours of pay for each holiday regardless of the employee's 1,788
work shift and work schedule. A flexible hours employee is 1,789
entitled to holiday pay for the number of hours for which the 1,790
employee normally would have been scheduled to work. Part-time 1,791
permanent employees shall be paid holiday pay for that portion of 1,792
any holiday for which they would normally have been scheduled to 1,793
work. When an employee who is eligible for overtime pay under 1,794
this section is required by the employee's responsible 1,795
administrative authority to work on the day observed as a 1,797
holiday, the employee shall be entitled to pay for such time 1,799
worked at one and one-half times the employee's regular rate of 1,800
pay in addition to the employee's regular pay, or to be granted 1,802
compensatory time off at time and one-half thereafter, at the 1,803
44
employee's option. Payment at such rate shall be excluded in the 1,804
calculation of hours in active pay status.
(C) Each appointing authority may designate the number of 1,806
employees in an agency who are flexible hours employees. The 1,807
appointing authority may establish for each flexible hours 1,808
employee a specified minimum number of hours to be worked each 1,809
day that is consistent with the "Federal Fair Labor Standards Act 1,810
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. 1,811
(D) This section shall be uniformly administered for 1,813
employees as defined in section 124.01 of the Revised Code and by 1,814
the personnel departments of state-supported colleges and 1,815
universities for employees of state-supported colleges and 1,816
universities. If employees are not paid directly by warrant of 1,817
the auditor of state, the political subdivision shall determine 1,819
whether the use of sick leave shall be considered to be active
pay status for purposes of those employees earning overtime or 1,820
compensatory time. 1,821
(E) Policies relating to the payment of overtime pay or 1,823
the granting of compensatory time off shall be adopted by the 1,824
executive secretary of the house of representatives for employees 1,825
of the house of representatives, by the clerk of the senate for 1,826
employees of the senate, and by the director of the legislative 1,827
service commission for all other legislative employees. 1,828
(F) As used in this section, "regular rate of pay" means 1,830
the base rate of pay an employee receives plus any pay 1,831
supplements received pursuant to section 124.181 of the Revised 1,832
Code.
Sec. 124.181. (A) Except as provided in division (M) of 1,841
this section, any employee paid under schedule B of section 1,843
124.15 or under schedule E-1 of section 124.152 of the Revised 1,844
Code is eligible for the pay supplements provided herein upon 1,845
application by the appointing authority substantiating the
employee's qualifications for the supplement and with the 1,846
approval of the director of administrative services except as 1,847
45
provided in division (E) of this section. 1,848
(B) In computing any of the pay supplements provided in 1,850
this section the classification salary base shall be the minimum 1,851
hourly rate of the pay range, provided in section 124.15 or 1,852
124.152 of the Revised Code, in which the employee is assigned at 1,853
the time of computation. 1,854
(C) The effective date of any pay supplement, unless 1,856
otherwise provided herein, shall be determined by the director. 1,857
(D) The director shall, by rule, establish standards 1,859
regarding the administration of this section. 1,860
(E) Except as otherwise provided in this division, 1,862
beginning on the first day of the pay period within which the 1,863
employee completes five years of total service with the state 1,864
government or any of its political subdivisions, each employee in 1,865
positions paid under salary schedule B of section 124.15 or under 1,868
salary schedule E-1 of section 124.152 of the Revised Code shall 1,869
receive an automatic salary adjustment equivalent to two and 1,870
one-half per cent of the classification salary base, to the 1,871
nearest whole cent. Each employee shall receive thereafter an 1,872
annual adjustment equivalent to one-half of one per cent of the 1,873
employee's classification salary base, to the nearest whole cent, 1,874
for each additional year of qualified employment until a maximum 1,875
of ten per cent of the employee's classification salary base is 1,876
reached. The granting of longevity adjustments shall not be 1,877
affected by promotion, demotion, or other changes in 1,878
classification held by the employee, nor by any change in pay 1,879
range for the employee's class. Longevity pay adjustments shall 1,881
become effective at the beginning of the pay period within which 1,882
the employee completes the necessary length of service, except 1,884
that when an employee requests credit for prior service, the 1,885
effective date of the prior service credit and of any longevity 1,886
adjustment shall be the first day of the pay period following 1,887
approval of the credit by the director of administrative 1,888
services. No employee, other than an employee who submits proof 1,889
46
of prior service within ninety days after the date of the 1,890
employee's hiring, shall receive any longevity adjustment for the
period prior to the director's approval of a prior service 1,891
credit. Time spent on authorized leave of absence shall be 1,892
counted for this purpose. 1,893
An employee who has retired in accordance with the 1,895
provisions of any retirement system offered by the state and who 1,896
is employed by the state or any political subdivision of the 1,897
state on or after June 24, 1987, shall not have prior service 1,898
with the state or any political subdivision of the state counted 1,899
for the purpose of determining the amount of the salary 1,900
adjustment provided under this division. 1,901
(F) When an exceptional condition exists that creates a 1,903
temporary or a permanent hazard for one or more positions in a 1,904
class paid under schedule B of section 124.15 or under salary 1,906
schedule E-1 of section 124.152 of the Revised Code, a special 1,908
hazard salary adjustment may be granted for the time the employee 1,909
is subjected to the hazardous condition. All special hazard 1,910
conditions shall be identified for each position and incidence 1,911
from information submitted to the director on an appropriate form 1,912
provided by the director and categorized into standard conditions 1,913
of: some unusual hazard not common to the class; considerable 1,914
unusual hazard not common to the class; and exceptional hazard 1,915
not common to the class.
(1) A hazardous salary adjustment of five per cent of the 1,917
employee's classification salary base may be applied in the case 1,918
of some unusual hazardous condition not common to the class for 1,919
those hours worked, or a fraction thereof, while the employee was 1,920
subject to the unusual hazard condition. 1,921
(2) A hazardous salary adjustment of seven and one-half 1,923
per cent of the employee's classification salary base may be 1,924
applied in the case of some considerable hazardous condition not 1,925
common to the class for those hours worked, or a fraction 1,926
thereof, while the employee was subject to the considerable 1,927
47
hazard condition. 1,928
(3) A hazardous salary adjustment of ten per cent of the 1,930
employee's classification salary base may be applied in the case 1,931
of some exceptional hazardous condition not common to the class 1,932
for those hours, or a fraction thereof, when the employee was 1,933
subject to the exceptional hazard condition. 1,934
(4) Each claim for temporary hazard pay shall be submitted 1,936
as a separate payment and shall be subject to an administrative 1,937
audit by the director as to the extent and duration of the 1,938
employee's exposure to the hazardous condition. 1,939
(G) When a full-time employee whose rate of pay for a 1,941
normal biweekly pay period is less than a rate equivalent to pay 1,943
range 29, step 2, salary schedule B, or pay range 9, salary 1,944
schedule E-1 of section 124.152 of the Revised Code SALARY OR 1,945
WAGE IS PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE AND WHO 1,946
ALSO IS ELIGIBLE FOR OVERTIME UNDER THE "FAIR LABOR STANDARDS ACT 1,948
OF 1938," 52 STAT. 1060, 29 U.S.C.A. 207, 213, AS AMENDED, is 1,949
ordered by the appointing authority to report back to work after 1,950
termination of the employee's regular work schedule and the 1,951
employee reports, the employee shall be paid for such time. The 1,953
minimum the employee shall receive for reporting is an amount 1,954
equal to four times the employee's hourly base salary BE ENTITLED 1,955
TO FOUR HOURS AT THE EMPLOYEE'S TOTAL RATE OF PAY OR OVERTIME 1,956
COMPENSATION FOR THE ACTUAL HOURS WORKED, WHICHEVER IS GREATER. 1,957
This division does not apply to work that is a continuation of or 1,959
immediately preceding an employee's regular work schedule. An 1,960
appointing authority may apply to the director to pay the 1,961
supplement provided by this division to employees who are at a 1,962
higher pay range than those established by this division. 1,963
(H) When a certain position or positions paid under 1,965
schedule B of section 124.15 or under salary schedule E-1 of 1,967
section 124.152 of the Revised Code require the ability to speak 1,968
or write a language other than English a special pay supplement 1,969
may be granted to attract bilingual individuals, to encourage 1,970
48
present employees to become proficient in other languages or to 1,971
retain qualified bilingual employees. The bilingual pay 1,972
supplement provided herein may be granted in the amount of five 1,973
per cent of the employee's classification salary base for each 1,974
required foreign language and shall remain in effect as long as 1,975
the bilingual requirement exists. 1,976
(I) The director may establish a shift differential for 1,978
employees. Such differential shall be paid to employees in 1,979
positions working in other than the regular or first shift. In 1,980
those divisions or agencies where only one shift prevails, no 1,981
shift differential shall be paid regardless of the hours of the 1,982
day that are worked. The director and the appointing authority 1,983
shall designate which positions shall be covered by this section. 1,984
(J) Whenever an employee is assigned to work in a higher 1,986
level position for a continuous period of more than two weeks but 1,987
no more than two years because of a vacancy, the employee's pay 1,989
may be established at a rate that is approximately four per cent 1,990
above the employee's current base rate for the period the
employee occupies the position provided that this temporary 1,991
occupancy is approved by the director. Employees paid under this 1,993
provision shall continue to receive any of the pay supplements 1,994
due them under provisions of this section based on the step one 1,995
base rate for their normal classification. 1,996
(K) If a certain position, or positions, within a class 1,998
paid under schedule B of section 124.15 or under salary schedule 2,000
E-1 of section 124.152 of the Revised Code are mandated by state 2,001
or federal law or regulation or other regulatory agency or other 2,002
certification authority to have special technical certification, 2,003
registration, or licensing to perform the functions which are 2,004
under the mandate a special professional achievement pay 2,005
supplement may be granted. This special professional achievement 2,006
pay supplement shall not be granted when all incumbents in all 2,007
positions in a class require license as provided in the 2,008
classification description published by the department of 2,009
49
administrative services; to licensees where no special or 2,010
extensive training is required; when certification is granted 2,011
upon completion of a stipulated term of in-service training; when 2,012
an appointing authority has required certification; or any other 2,013
condition prescribed by the director.
(1) Before this supplement may be applied, evidence as to 2,015
the requirement must be provided by the agency for each position 2,016
involved and certification received from the director as to the 2,017
director's concurrence for each of the positions so affected. 2,018
(2) The professional achievement pay supplement provided 2,020
herein shall be granted in an amount up to ten per cent of the 2,021
employee's classification salary base and shall remain in effect 2,022
as long as the mandate exists. 2,023
(L) Those employees assigned to teaching supervisory, 2,025
principal, assistant principal, or superintendent positions who 2,026
have attained a higher educational level than a basic bachelor's 2,027
degree may receive an educational pay supplement to remain in 2,028
effect as long as the employee's assignment and classification 2,029
remain the same. 2,030
(1) An educational pay supplement of two and one-half per 2,032
cent of the employee's classification salary base may be applied 2,033
upon the achievement of a bachelor's degree plus twenty quarter 2,034
hours of postgraduate work. 2,035
(2) An educational pay supplement of an additional five 2,037
per cent of the employee's classification salary base may be 2,038
applied upon achievement of a master's degree. 2,039
(3) An educational pay supplement of an additional two and 2,041
one-half per cent of the employee's classification salary base 2,042
may be applied upon achievement of a master's degree plus thirty 2,043
quarter hours of postgraduate work. 2,044
(4) An educational pay supplement of five per cent of the 2,046
employee's classification salary base may be applied when the 2,047
employee is performing as a master teacher. 2,048
(5) An educational pay supplement of five per cent of the 2,050
50
employee's classification salary base may be applied when the 2,051
employee is performing as a special education teacher. 2,052
(6) Those employees in teaching supervisory, principal, 2,054
assistant principal, or superintendent positions who are 2,055
responsible for specific extracurricular activity programs shall 2,056
receive overtime pay for those hours worked in excess of their 2,057
normal schedule, at their straight time hourly rate up to a 2,058
maximum of five per cent of their regular base salary in any 2,059
calendar year. 2,060
(M) A state agency, board, or commission may establish a 2,062
supplementary compensation schedule for those licensed physicians 2,063
employed by the agency, board, or commission in positions 2,064
requiring a licensed physician. The supplementary compensation 2,065
schedule, together with the compensation otherwise authorized by 2,066
this chapter, shall provide for the total compensation for these 2,067
employees to range appropriately, but not necessarily uniformly, 2,068
for each classification title requiring a licensed physician, in 2,069
accordance with a schedule approved by the state controlling 2,070
board. The individual salary levels recommended for each such 2,071
physician employed shall be approved by the director. 2,072
Notwithstanding section 124.11 of the Revised Code, such 2,073
personnel are in the unclassified civil service. 2,074
(N) Notwithstanding sections 117.28, 117.30, 117.33, 2,076
117.36, 117.42, and 131.02 of the Revised Code, the state shall 2,077
not institute any civil action to recover and shall not seek 2,078
reimbursement for overpayments made in violation of division (E) 2,079
of this section or division (C) of section 9.44 of the Revised
Code for the period starting after June 24, 1987, and ending on 2,080
October 31, 1993. 2,081
(O) Employees of the office of the treasurer of state who 2,083
are exempt from collective bargaining coverage may be granted a 2,084
merit pay supplement of up to one and one-half per cent of their 2,085
step rate. The rate at which this supplement is granted shall be 2,086
based on performance standards established by the treasurer of 2,087
51
state. Any supplements granted under this division shall be 2,088
administered on an annual basis.
Sec. 124.20. The director of administrative services, with 2,097
the approval of the state personnel board of review, shall adopt 2,098
rules:
(A) For the classification of officers, positions, and 2,100
employments, in the civil service of the state and the several 2,101
counties thereof; 2,102
(B) For appointment, promotions, transfers, layoffs, 2,104
suspensions, reductions, reinstatements, and removals therein and 2,105
examinations and registrations. EXCEPT AS OTHERWISE PROVIDED IN 2,106
THIS DIVISION, APPOINTING AUTHORITIES SHALL SUBMIT PERSONNEL 2,107
ACTION INFORMATION TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES 2,108
AS THE DIRECTOR REQUIRES. County boards of mental retardation 2,110
and developmental disabilities shall be required to submit 2,111
personnel action forms to the department of administrative
services only when an employee is hired by a board, when a 2,112
disciplinary action appealable pursuant to this chapter is taken 2,113
by a board, or when the board terminates the employment of an 2,114
employee for any reason. Any submittals required by this section 2,115
shall be made to the county personnel department with 2,116
jurisdiction in the matter, if one has been established. 2,117
(C) For maintaining and keeping records of the efficiency 2,119
of officers and employees in accordance with sections 124.01 to 2,120
124.64 of the Revised Code. 2,121
Due notice of the contents of such rules and of all changes 2,123
therein shall be given to appointing authorities affected by such 2,124
rules, and such rules shall also be printed for public 2,125
distribution. 2,126
Sec. 124.25. The director of administrative services shall 2,135
require persons applying for an examination for original 2,136
appointment to file with the director, within reasonable time 2,137
prior to the examination, a formal application, in which the 2,138
applicant shall state the applicant's name, address, and such 2,140
52
other information as may reasonably be required concerning the 2,141
applicant's education and experience. No inquiry shall be made 2,143
as to religious or political affiliations nor OR as to racial or 2,145
ethnic origin of the applicant, EXCEPT AS NECESSARY TO GATHER
EQUAL EMPLOYMENT OPPORTUNITY OR OTHER STATISTICS THAT, WHEN 2,146
COMPILED, WILL NOT IDENTIFY ANY SPECIFIC INDIVIDUAL. 2,147
Blank forms for applications shall be furnished by the 2,149
director without charge to any person requesting the same. The 2,150
director may require in connection with such application such 2,151
certificate of persons having knowledge of the applicant as the 2,152
good of the service demands. The director may refuse to appoint 2,153
or examine an applicant, or, after an examination, refuse to 2,154
certify the applicant as eligible, who is found to lack any of 2,155
the established preliminary requirements for the examination, who 2,156
is addicted to the habitual use of intoxicating liquors or drugs 2,157
to excess, who has a pattern of poor work habits and performance 2,158
with previous employers, who has been convicted of a felony, who 2,159
has been guilty of infamous or notoriously disgraceful conduct, 2,160
who has been dismissed from either branch of the civil service 2,161
for delinquency or misconduct, or who has made false statements 2,162
of any material fact, or practiced, or attempted to practice, any 2,163
deception or fraud in the application or examination, in 2,165
establishing eligibility, or securing an appointment.
Sec. 124.27. The head of a department, office, or 2,174
institution, in which a position in the classified service is to 2,175
be filled, shall notify the director of administrative services 2,176
of the fact, and the director shall, except as otherwise provided 2,177
in this section and sections 124.30 and 124.31 of the Revised 2,178
Code, certify to the appointing authority the names and addresses 2,179
of the ten candidates standing highest on the eligible list for 2,181
the class or grade to which the position belongs; provided that 2,182
the director may certify less than ten names if ten names are not 2,183
available. When less than six TEN names are certified to an 2,184
appointing authority, appointment from that list shall not be 2,185
53
mandatory. When a position in the classified service in the 2,186
department of mental health or the department of mental 2,187
retardation and developmental disabilities is to be filled, the 2,188
director of administrative services shall make such certification 2,189
to the appointing authority within seven working days of the date 2,190
the eligible list is requested. 2,191
The appointing authority shall notify the director of such 2,193
position to be filled, and the appointing authority shall fill 2,195
such position by appointment of one of the ten persons certified
by the director. If more than one position is to be filled, the 2,196
director of administrative services may certify a group of names 2,197
from the eligible list and the appointing authority shall appoint 2,198
in the following manner: Beginning at the top of the list, each 2,199
time a selection is made it must be from one of the first ten 2,201
candidates remaining on the list who is willing to accept
consideration for the position. If an eligible list becomes 2,202
exhausted, and until a new list can be created, or when no 2,203
eligible list for such position exists, names may be certified 2,204
from eligible lists most appropriate for the group or class in 2,205
which the position to be filled is classified. A person 2,206
certified from an eligible list more than three times to the same 2,207
appointing authority for the same or similar positions, may be 2,208
omitted from future certification to such appointing authority, 2,209
provided that certification for a temporary appointment shall not 2,210
be counted as one of such certifications. Every soldier, sailor, 2,211
marine, coast guardsman, member of the auxiliary corps as 2,212
established by congress, member of the army nurse corps, or navy 2,213
nurse corps, or red cross nurse who has served in the army, navy, 2,214
or hospital service of the United States, and such other military 2,215
service as is designated by congress in the war with Spain, 2,216
including the Philippine insurrection and the Chinese relief 2,217
expedition, or from April 21, 1898, to July 4, 1902, World War I, 2,218
World War II, or during the period beginning May 1, 1949, and 2,219
lasting so long as the armed forces of the United States are 2,220
54
engaged in armed conflict or occupation duty, or the selective 2,221
service or similar conscriptive acts are in effect in the United 2,222
States, whichever is the later date, who has been honorably 2,223
discharged or separated under honorable conditions therefrom, and 2,224
is a resident of Ohio, and whose name is on the eligible list for 2,225
a position, shall be entitled to preference in original 2,226
appointments to any such competitive position in the civil 2,227
service of the state and the civil divisions thereof, over all 2,228
persons eligible for such appointments and standing on the list 2,229
therefor, with a rating equal to that of each such person. 2,230
Appointments to all positions in the classified service, that are 2,231
not filled by promotion, transfer, or reduction, as provided in 2,232
sections 124.01 to 124.64 of the Revised Code, and the rules of 2,233
the director prescribed under such sections, shall be made only 2,234
from those persons whose names are certified to the appointing 2,235
authority, and no employment, except as provided in such 2,236
sections, shall be otherwise given in the classified service of 2,237
this state or any political subdivision thereof. 2,238
All original and promotional appointments, including 2,240
provisional appointments made pursuant to section 124.30 of the 2,241
Revised Code, shall be for a probationary period, not less than 2,242
sixty days nor more than one year, to be fixed by the rules of 2,243
the director, except as provided in section 124.231 of the 2,244
Revised Code, or except original appointments to a police 2,245
department as a police officer, or to a fire department as a fire 2,248
fighter FIREFIGHTER which shall be for a probationary period of 2,249
one year, and no appointment or promotion is final until the 2,250
appointee has satisfactorily served the probationary period. 2,251
Service as a provisional employee in the same or similar class 2,252
shall be included in the probationary period. If the service of 2,253
the probationary employee is unsatisfactory, the employee may be 2,254
removed or reduced at any time during the probationary period 2,255
after completion of sixty days or one-half of the probationary 2,256
period, whichever is greater. If the appointing authority's 2,257
55
decision is to remove the appointee, the appointing authority's 2,259
communication to the director shall indicate the reason for such 2,261
decision. Dismissal or reduction may be made under provisions of 2,262
section 124.34 of the Revised Code during the first sixty days or 2,263
first half of the probationary period, whichever is greater. Any 2,264
person appointed to a position in the classified service under 2,265
sections 124.01 to 124.64 of the Revised Code, except temporary 2,266
and exceptional appointments, shall be or become forthwith a 2,267
resident of the state. 2,268
Sec. 124.30. (A) Positions in the classified service may 2,277
be filled without competition as follows: 2,278
(A)(1) Whenever there are urgent reasons for filling a 2,280
vacancy in any position in the classified service and the 2,281
director of administrative services is unable to certify to the 2,282
appointing authority, upon requisition by the latter, a list of 2,283
persons eligible for appointment to such position after a 2,284
competitive examination, the appointing authority may nominate a 2,285
person to the director for noncompetitive examination, and if 2,286
such nominee is certified by the director as qualified after such 2,287
noncompetitive examination, the nominee may be appointed 2,288
provisionally to fill such vacancy until a selection and 2,290
appointment can be made after competitive examination; but such 2,291
provisional appointment shall continue in force only until a 2,292
regular appointment can be made from eligible lists prepared by 2,293
the director and such eligible lists shall be prepared within six 2,294
months, provided that an examination for the position must be 2,295
held within the six-month period from the date of such 2,296
provisional appointment. In the case of provisional appointees 2,297
in county departments of human services and in the department of 2,299
human services and department of health, if the salary is paid in 2,300
whole or in part from federal funds, such eligible lists shall be 2,301
prepared within six months, provided that an examination for the 2,302
position must be held within the six-month period from the date 2,303
of such provisional appointment. In case of an emergency, an 2,304
56
appointment may be made without regard to the rules of sections 2,305
124.01 to 124.64 of the Revised Code, but in no case to continue 2,306
longer than thirty days, and in no case shall successive 2,307
appointments be made. Interim or temporary appointments, made 2,308
necessary by reason of sickness, disability, or other approved 2,309
leave of absence of regular officers or employees shall continue 2,310
only during such period of sickness, disability, or other 2,311
approved leave of absence, subject to rules to be provided for by 2,312
the director.
Persons who receive interim, temporary, or intermittent 2,314
appointments shall serve at the pleasure of their appointing 2,315
authority. Interim appointments shall be made only to fill a 2,316
vacancy that results from an employee's temporary absence, but 2,317
shall not be made to fill a vacancy that results because an 2,318
employee receives an interim appointment. 2,319
(B)(2) In case of a vacancy in a position in the 2,321
classified service where peculiar and exceptional qualifications 2,322
of a scientific, managerial, professional, or educational 2,323
character are required, and upon satisfactory evidence that for 2,324
specified reasons competition in such special case is 2,325
impracticable and that the position can best be filled by a 2,326
selection of some designated person of high and recognized 2,327
attainments in such qualities, the director may suspend the 2,328
provisions of sections 124.01 to 124.64 of the Revised Code, 2,329
requiring competition in such case, but no suspension shall be 2,330
general in its application, and all such cases of suspension 2,331
shall be reported in the annual report of the director with the 2,332
reasons for the suspension.
(C)(3) Where the services to be rendered by an appointee 2,334
are for a temporary period, not to exceed six months, and the 2,335
need of such service is important and urgent, the appointing 2,336
authority may select for such temporary service any person on the 2,337
proper list of those eligible for permanent appointment. 2,338
Successive temporary appointments to the same position shall not 2,339
57
be made under this division. The acceptance or refusal by an 2,340
eligible of a temporary appointment shall not affect the person's 2,341
standing on the register for permanent employment; nor shall the 2,342
period of temporary service be counted as a part of the 2,343
probationary service in case of subsequent appointment to a 2,344
permanent position. 2,345
(B) PERSONS WHO RECEIVE EXTERNAL INTERIM, TEMPORARY, OR 2,347
INTERMITTENT APPOINTMENTS ARE IN THE UNCLASSIFIED CIVIL SERVICE 2,348
AND SERVE AT THE PLEASURE OF THEIR APPOINTING AUTHORITY. INTERIM 2,349
APPOINTMENTS SHALL BE MADE ONLY TO FILL A VACANCY THAT RESULTS 2,350
FROM AN EMPLOYEE'S TEMPORARY ABSENCE, BUT SHALL NOT BE MADE TO 2,351
FILL A VACANCY THAT RESULTS BECAUSE AN EMPLOYEE RECEIVES AN 2,352
INTERIM APPOINTMENT.
Sec. 124.32. (A) With the consent of the director of 2,361
administrative services, a person holding an office or position 2,362
in the classified service may be transferred to a similar 2,363
position in another office, department, or institution having the 2,364
same pay and similar duties; but no transfer shall be made from 2,365
an office or position in one class to an office or position in 2,366
another class, nor shall a person be transferred to an office or 2,367
position for original entrance to which there is required by 2,368
sections 124.01 to 124.64 of the Revised Code, or the rules 2,369
adopted pursuant to such sections, an examination involving 2,370
essential tests or qualifications or carrying a salary different 2,371
from or higher than those required for original entrance to an 2,372
office or position held by such person. 2,373
(B) Any person holding an office or position under the 2,375
classified service who has been separated from the service 2,376
without delinquency or misconduct on his THE PERSON'S part may, 2,377
with the consent of the director, be reinstated within one year 2,379
from the date of such separation to a vacancy in the same or 2,380
similar office or position in the same department; provided, if 2,381
such separation is due to injury or physical disability, such 2,382
person shall be reinstated to the same office or similar position 2,383
58
he held at the time of his separation, within thirty days after 2,384
written application for reinstatement and after passing a 2,385
physical examination made by a licensed physician designated by 2,386
the director APPOINTING AUTHORITY, showing that he THE PERSON has 2,388
recovered from such disability, provided further that such 2,390
application for reinstatement be filed within three years from 2,391
the date of separation, and further provided that such 2,392
application shall not be filed after the date of service 2,393
eligibility retirement.
Sec. 124.323. (A) Employees shall be laid off in the 2,402
order set forth in this section within the primary appointment 2,403
categories of temporary, intermittent, part-time, seasonal, and 2,404
full-time, and other appointment categories as established by the 2,405
director of administrative services. 2,406
(B) Whenever a reduction in force is necessary within each 2,408
of the primary appointment categories, first temporary, then 2,409
intermittent, then seasonal, then part-time permanent, and then 2,411
full-time permanent employees shall be laid off in the following 2,412
order:
(1) Employees serving provisionally who have not completed 2,414
their probationary period after appointment; 2,415
(2) Employees serving provisionally who have 2,417
satisfactorily completed their probationary period after 2,418
appointment; 2,419
(3) Employees appointed from certified eligible lists or 2,421
who are certified and who have not completed their probationary 2,422
period after appointment; 2,423
(4) Employees appointed from certified eligible lists or 2,425
who are certified and who have successfully completed their 2,426
probationary period after appointment. 2,427
Sec. 124.327. (A) Employees who have been laid off or 2,436
have, by virtue of exercising their displacements rights, been 2,437
displaced to a lower classification in their classification 2,438
series, shall be placed on appropriate layoff lists. Those 2,439
59
employees with the most retention points within each category of 2,440
order of layoff, as established in section 124.323 of the Revised 2,441
Code, shall be placed at the top of the layoff list to be 2,442
followed by employees ranked in descending total retention order. 2,443
Laid-off employees shall be placed on layoff lists for each 2,444
classification in the classification series equal to or lower 2,445
than the classification in which the employee was employed at the 2,446
time of layoff. 2,447
(B) An employee who is laid off retains reinstatement 2,449
rights in the agency from which he THE EMPLOYEE was laid off. 2,450
Reinstatement rights continue for one year from the date of 2,452
layoff. During this one-year period, in any layoff jurisdiction 2,453
in which an appointing authority has an employee on a layoff 2,454
list, the appointing authority shall not hire or promote anyone 2,455
into A POSITION WITHIN that classification until all laid-off 2,457
perons PERSONS on a layoff list for that classification WHO ARE 2,459
QUALIFIED TO PERFORM THE DUTIES OF THE POSITION are reinstated or 2,460
decline the position when it is offered. 2,461
(C) Each laid-off or displaced employee, in addition to 2,463
reinstatement rights within the employee's appointing authority, 2,464
shall have the right to reemployment with other agencies within 2,465
the layoff jurisdiction, IF THE EMPLOYEE IS QUALIFIED TO PERFORM 2,466
THE DUTIES OF THE POSITION, but only in the same classification 2,467
from which the employee was initially laid off or displaced. 2,468
Layoff lists for each appointing authority must be exhausted 2,469
before jurisdictional reemployment layoff lists are used. 2,470
(D) Any employee accepting or declining reinstatement to 2,472
the same classification and same appointment type from which the 2,473
employee was laid off or displaced shall be removed from the 2,474
appointing authority's layoff list. 2,475
(E) Any employee accepting or declining reemployment to 2,477
the same classification and the same appointment type from which 2,478
the employee was laid off or displaced shall be removed from the 2,479
jurisdictional layoff list. 2,480
60
(F) An employee who does not exercise his THE option to 2,482
displace under section 124.324 of the Revised Code shall only be 2,483
entitled to reinstatement or reemployment in the classification 2,484
from which the employee was displaced or laid off. 2,485
(G) An employee who declines reinstatement to a 2,487
classification lower in the classification series than the 2,488
classification from which the employee was laid off or displaced, 2,489
shall thereafter only be entitled to reinstatement to a 2,490
classification higher, up to and including the classification 2,491
from which the employee was laid off or displaced, in the 2,492
classification series than the classification that was declined. 2,493
(H) Any employee reinstated or reemployed under this 2,495
section shall not serve a probationary period upon reinstatement 2,496
or reemployment except that an employee laid off during an 2,497
original or promotional probationary period shall begin a new 2,498
probationary period. 2,499
(I) For the purposes of this section, employees whose 2,501
salary or wage is not paid directly by warrant of the auditor of 2,502
state shall be placed on layoff lists of their appointing 2,503
authority only. 2,504
Sec. 124.34. The tenure of every officer or employee in 2,513
the classified service of the state and the counties, civil 2,514
service townships, cities, city health districts, general health 2,515
districts, and city school districts thereof OF THE STATE, 2,516
holding a position under this chapter of the Revised Code, shall 2,518
be during good behavior and efficient service, and no such 2,519
officer or employee shall be reduced in pay or position, fined in 2,520
excess of five days' pay, suspended, or removed, except as 2,521
provided in section 124.32 of the Revised Code, and for 2,522
incompetency, inefficiency, dishonesty, drunkenness, immoral 2,523
conduct, insubordination, discourteous treatment of the public,
neglect of duty, violation of such sections THIS CHAPTER or the 2,524
rules of the director of administrative services or the 2,526
commission, or any other failure of good behavior, or any other 2,527
61
acts of misfeasance, malfeasance, or nonfeasance in office. A AN 2,529
APPOINTING AUTHORITY MAY REQUIRE AN EMPLOYEE WHO IS SUSPENDED TO 2,530
REPORT TO WORK TO SERVE THE SUSPENSION. AN EMPLOYEE SERVING A
SUSPENSION IN THIS MANNER SHALL CONTINUE TO BE COMPENSATED AT THE 2,532
EMPLOYEE'S REGULAR RATE OF PAY FOR HOURS WORKED. SUCH
DISCIPLINARY ACTION SHALL BE RECORDED IN THE EMPLOYEE'S PERSONNEL 2,534
FILE IN THE SAME MANNER AS OTHER DISCIPLINARY ACTIONS AND HAS THE 2,535
SAME EFFECT AS A SUSPENSION WITHOUT PAY FOR THE PURPOSE OF 2,536
RECORDING DISCIPLINARY ACTIONS.
A finding by the appropriate ethics commission, based upon 2,539
a preponderance of the evidence, that the facts alleged in a 2,540
complaint under section 102.06 of the Revised Code constitute a 2,541
violation of Chapter 102., section 2921.42, or section 2921.43 of 2,542
the Revised Code may constitute grounds for dismissal. Failure 2,543
to file a statement or falsely filing a statement required by 2,544
section 102.02 of the Revised Code may also constitute grounds 2,545
for dismissal.
In any case of a fine, reduction, suspension of more than 2,548
three working days, OR FINE IN EXCESS OF THREE DAYS' PAY, or A 2,549
removal, the appointing authority shall furnish such THE employee 2,551
with a copy of the order of reduction, FINE, suspension, or 2,553
removal, which order shall state the reasons therefor. Such
order shall be filed with the director of administrative services 2,554
and state personnel board of review, or the commission, as may be 2,555
appropriate. 2,556
Within ten days following the filing of such order, the 2,558
employee may file an appeal, in writing, with the state personnel 2,559
board of review or the commission. In the event such an appeal 2,560
is filed, the board or commission shall forthwith notify the 2,561
appointing authority and shall hear, or appoint a trial board to 2,562
hear, such appeal within thirty days from and after its filing 2,563
with the board or commission, and it may affirm, disaffirm, or 2,564
modify the judgment of the appointing authority. 2,565
In cases of removal or reduction in pay for disciplinary 2,567
62
reasons, either the appointing authority or the officer or 2,568
employee may appeal from the decision of the state personnel 2,569
board of review or the commission to the court of common pleas of 2,570
the county in which the employee resides in accordance with the 2,571
procedure provided by section 119.12 of the Revised Code. 2,572
In the case of the suspension for any period of time, or a 2,575
fine, demotion, or removal of a chief of police or a chief of a 2,576
fire department or any member of the police or fire department of
a city or civil service township, the appointing authority shall 2,577
furnish such chief or member of a department with a copy of the 2,578
order of suspension, demotion, or removal, which order shall 2,579
state the reasons therefor. Such order shall be filed with the 2,580
municipal or civil service township civil service commission. 2,581
Within ten days following the filing of such order such chief or 2,582
member of a department may file an appeal, in writing, with the 2,583
municipal or civil service township civil service commission. In 2,584
the event such an appeal is filed, the commission shall forthwith 2,585
notify the appointing authority and shall hear, or appoint a 2,586
trial board to hear, such appeal within thirty days from and 2,587
after its filing with the commission, and it may affirm, 2,588
disaffirm, or modify the judgment of the appointing authority. 2,589
An appeal on questions of law and fact may be had from the 2,590
decision of the municipal or civil service township civil service 2,591
commission to the court of common pleas in the county in which 2,592
such city or civil service township is situated. Such appeal 2,593
shall be taken within thirty days from the finding of the 2,594
commission. 2,595
A violation of division (A)(7) of section 2907.03 of the 2,597
Revised Code is grounds for termination of employment of a 2,598
nonteaching employee under this section. 2,599
Sec. 124.382. (A) As used in this section and sections 2,608
124.383, 124.386, 124.387, and 124.388 of the Revised Code: 2,609
(1) "Base pay period" means the pay period that includes 2,611
the first day of December. 2,612
63
(2) "Pay period" means the fourteen-day period of time 2,614
during which the payroll is accumulated, as determined by the 2,615
director of administrative services. 2,616
(3) "Active pay status" means the conditions under which 2,618
an employee is eligible to receive pay, and includes, but is not 2,619
limited to, vacation leave, sick leave, personal leave, 2,620
bereavement leave, and administrative leave. 2,621
(4) "No pay status" means the conditions under which an 2,623
employee is ineligible to receive pay, and includes, but is not 2,624
limited to, leave without pay, leave of absence, and disability 2,625
leave. 2,626
(5) "Disability leave" means the leave granted pursuant to 2,628
section 124.385 of the Revised Code. 2,629
(6) "Full-time permanent employee" means an employee whose 2,631
regular hours of duty total eighty hours in a pay period in a 2,632
state agency, and whose appointment is not for a limited period 2,633
of time. 2,634
(7) "Base rate of pay" means the rate of pay established 2,636
under schedule B or C of section 124.15 or under schedule E-1 or 2,637
E-2 of section 124.152 of the Revised Code, plus any supplement 2,639
provided under section 124.181 of the Revised Code, plus any 2,640
supplements enacted into law which are added to schedule B or C 2,641
of section 124.15 or to schedule E-1 or E-2 of section 124.152 of 2,643
the Revised Code.
(8) "Part-time permanent employee" means an employee whose 2,645
regular hours of duty total less than eighty hours in a pay 2,646
period in a state agency and whose appointment is not for a 2,647
limited period of time. 2,648
(B) Each full-time permanent and part-time permanent 2,650
employee whose salary or wage is paid directly by warrant of the 2,651
auditor of state shall be credited with sick leave of three and 2,652
one-tenth hours for each completed eighty hours of service, 2,653
excluding overtime hours worked. 2,654
(C) Any sick leave credit provided pursuant to division 2,656
64
(B) of this section, remaining as of the last day of the pay 2,657
period preceding the next succeeding base pay period, shall be 2,658
converted pursuant to section 124.383 of the Revised Code. 2,659
(D) Employees may use sick leave, provided a credit 2,661
balance is available, upon approval of the responsible 2,662
administrative officer of the employing unit, for absence due to 2,663
personal illness, pregnancy, injury, exposure to contagious 2,664
disease which could be communicated to other employees, and to 2,665
illness, injury, or death in the employee's immediate family. 2,666
When sick leave is used, it shall be deducted from the employee's 2,667
credit on the basis of absence from previously scheduled work in 2,668
such increments of an hour and at such a compensation rate as the 2,669
director of administrative services determines. The appointing 2,670
authority of each employing unit may require an employee to 2,671
furnish a satisfactory, signed statement to justify the use of 2,672
sick leave.
If, after having utilized the credit provided by this 2,674
section, an employee utilizes sick leave that was accumulated 2,675
prior to November 15, 1981, compensation for such sick leave used 2,676
shall be equal to the employee's hourly base rate of pay AT A 2,677
RATE AS THE DIRECTOR DETERMINES. 2,678
(E)(1) The previously accumulated sick leave balance of an 2,680
employee who has been separated from the public service, for 2,681
which separation payments pursuant to the provisions of section 2,682
124.384 of the Revised Code have not been made, shall be placed 2,683
to the employee's credit upon the employee's reemployment in the 2,684
public service, if the reemployment takes place within ten years 2,686
of the date on which the employee was last terminated from public 2,687
service.
(2) The previously accumulated sick leave balance of an 2,689
employee who has separated from a school district shall be placed 2,690
to the employee's credit upon the employee's appointment as an 2,692
unclassified employee of the state department of education, if 2,693
all of the following apply:
65
(a) The employee accumulated the sick leave balance while 2,695
employed by the school district; 2,696
(b) The employee did not receive any separation payments 2,698
for the sick leave balance; 2,699
(c) The employee's employment with the department takes 2,701
place within ten years after the date on which the employee 2,702
separated from the school district. 2,703
(F) An employee who transfers from one public agency to 2,705
another shall be credited with the unused balance of the 2,706
employee's accumulated sick leave up to the maximum of the sick 2,707
leave accumulation permitted in the public agency to which the 2,708
employee transfers. 2,709
(G) The director of administrative services shall 2,711
establish procedures to uniformly administer this section. No 2,712
sick leave may be granted to a state employee upon or after the 2,713
employee's retirement or termination of employment. 2,714
Sec. 124.383. (A) The director of administrative services 2,723
shall allow a full-time or part-time employee who is credited 2,724
with sick leave pursuant to division (B) of section 124.382 of 2,725
the Revised Code to elect one of the following options with 2,726
respect to sick leave credit remaining at the end of the year: 2,727
(1) Carry forward the balance.; 2,729
(2) Receive a cash benefit as established by the director 2,731
of administrative services. AN EMPLOYEE SERVING IN A TEMPORARY 2,732
WORK LEVEL OR HOLDING AN INTERIM APPOINTMENT WHO ELECTS TO 2,733
CONVERT UNUSED SICK LEAVE CREDIT TO CASH SHALL DO SO AT THE BASE 2,734
RATE OF PAY OF THE EMPLOYEE'S NORMAL CLASSIFICATION. 2,735
(3) Carry forward a portion of the balance and receive a 2,737
cash benefit for the remainder. The cash benefit shall be 2,738
calculated in the manner specified in division (A)(2) of this 2,739
section. 2,740
(B) The director of administrative services shall 2,742
establish procedures to allow employees to indicate the option 2,743
that will be selected. Included within the procedures shall be 2,744
66
the final date by which notification is to be made to the 2,745
director concerning the option selected. Failure to comply with 2,746
the date will result in the automatic carry forward of unused 2,747
balances. 2,748
(C) Cash benefits shall be paid in the first pay the 2,751
employee receives in December.
(D) Balances carried forward are excluded from further 2,753
cash benefits provided under this section. 2,754
(E) An employee who separates during the year shall not be 2,756
eligible for cash benefits provided under this section. 2,757
Sec. 124.384. Except as otherwise provided in this 2,766
section, employees whose salaries or wages are paid by warrant of 2,767
the auditor of state and who have accumulated sick leave under 2,768
section 124.38 or 124.382 of the Revised Code shall be paid for a 2,769
percentage of their accumulated balances, upon separation for any 2,770
reason, including retirement or death, at their last base rate of 2,771
pay at the rate of one hour of pay for every two hours of 2,772
accumulated balances. AN EMPLOYEE SERVING IN A TEMPORARY WORK 2,773
LEVEL OR AN INTERIM APPOINTMENT WHO ELECTS TO CONVERT UNUSED SICK 2,774
LEAVE TO CASH SHALL DO SO AT THE BASE RATE OF PAY OF THE 2,775
EMPLOYEE'S NORMAL CLASSIFICATION. If an employee dies, the 2,776
employee's unused sick leave shall be paid in accordance with 2,777
section 2113.04 of the Revised Code or to his THE EMPLOYEE'S 2,778
estate.
In order to be eligible for the payment authorized by this 2,780
section, an employee shall have at least one year of state 2,781
service and must SHALL request ALL OR A PORTION OF such payment 2,783
no later than three years after separation from state service. 2,784
NO PERSON IS ELIGIBLE TO RECEIVE ALL OR A PORTION OF THE PAYMENT 2,785
AUTHORIZED BY THIS SECTION AT ANY TIME LATER THAN THREE YEARS 2,786
AFTER THE PERSON'S SEPARATION FROM STATE SERVICE.
Except as otherwise provided in this paragraph, a person 2,788
initially employed on or after July 5, 1987, by a state agency in 2,789
which the employees' salaries or wages are paid directly by 2,790
67
warrant of the auditor of state shall receive payment under this 2,791
section only for sick leave accumulated while employed by state 2,792
agencies in which the employees' salaries or wages are paid 2,793
directly by warrant of the auditor of state. A person initially 2,794
employed on or after July 5, 1987, by the state department of 2,795
education as an unclassified employee shall receive payment under 2,796
this section only for sick leave accumulated while employed by 2,797
state agencies in which the employees' salaries or wages are paid 2,798
directly by warrant of the auditor of state and for sick leave 2,799
placed to the employee's credit under division (E)(2) of section 2,801
124.382 of the Revised Code.
For employees paid in accordance with section 124.152 of 2,803
the Revised Code and those employees listed in divisions (B)(2) 2,804
and (4) of section 124.14 of the Revised Code, the director of 2,805
administrative services, with the approval of the director of the 2,806
office of budget and management, may establish a plan for early 2,807
payment of accrued sick leave and vacation leave. 2,808
Sec. 124.385. (A) An employee is eligible for disability 2,817
leave benefits under this section if the employee has completed 2,819
one year of continuous state service immediately prior to the
date of the disability and if either of the following applies: 2,821
(1) The employee is a full-time permanent employee and is 2,823
eligible for sick leave credit pursuant to division (B) of 2,824
section 124.382 of the Revised Code, or is a full-time permanent 2,825
employee and is listed in division (B)(2) OR (4) of section 2,826
124.14 of the Revised Code.
(2) The employee is a full-time permanent employee, is on 2,828
disability leave or leave of absence for medical reasons, and 2,829
would be eligible for sick leave credit pursuant to division (B) 2,830
of section 124.382 of the Revised Code except that the employee 2,831
is in no pay status. 2,833
(B) The director of administrative services, by rule 2,835
adopted in accordance with Chapter 119. of the Revised Code, 2,836
shall establish a disability leave program. The rule shall 2,837
68
include, but shall not be limited to: 2,838
(1) Procedures to be followed for determining disability; 2,840
(2) Provisions for the allowance of disability leave due 2,842
to illness or injury; 2,843
(3) Provisions for the continuation of service credit for 2,845
employees granted disability leave, including service credit 2,846
towards retirement, as provided by the applicable statute; 2,847
(4) The establishment of a minimum level of benefit and of 2,849
a waiting period before benefits begin; 2,850
(5) Provisions setting a maximum length of benefit and 2,853
requiring that employees eligible to apply for disability 2,854
retirement shall do so prior to completing the first six months 2,855
of their period of disability. The director's rules shall 2,856
indicate those employees required to apply for disability 2,857
retirement. If an employee is approved to receive disability 2,858
retirement, the employee shall receive the retirement benefit and 2,859
a supplement payment that equals a percentage of the employee's 2,860
base rate of pay and that, when added to the retirement benefit, 2,861
equals no more than the percentage of pay received by employees 2,863
after the first six months of disability. Such supplemental 2,864
payment shall not be considered earnable salary, compensation, or 2,865
salary, and is not subject to contributions, under Chapter 145., 2,866
742., 3307., 3309., or 5505. of the Revised Code. 2,867
(6) Provisions that allow employees to utilize available 2,869
sick leave, personal leave, or vacation leave balances to 2,870
supplement the benefits payable under this section. Such 2,871
balances used to supplement the benefits, plus any amount 2,872
contributed by the state as provided in division (D) of this 2,873
section, shall be paid at the employee's base rate of pay in an 2,874
amount sufficient to give employees up to one hundred per cent of 2,875
pay for time on disability. 2,876
(7) Procedures for appealing denial of payment of a claim, 2,878
including: 2,879
(a) A maximum of thirty days to file an appeal by the 2,881
69
employee; 2,882
(b) A maximum of fifteen days for the parties to select a 2,884
third-party opinion pursuant to division (F) of this section, 2,885
unless an extension is agreed to by the parties; 2,886
(c) A maximum of thirty days for the third party to render 2,888
an opinion. 2,889
(8) Provisions for approving leave of absence for medical 2,891
reasons where an employee is in no pay status because the 2,892
employee has used all the employee's sick leave, personal leave, 2,894
vacation leave, and compensatory time; 2,895
(9) Provisions for precluding the payment of benefits if 2,897
the injury for which the benefits are sought is covered by a 2,898
workers' compensation plan; 2,899
(10) Provisions for precluding the payment of benefits in 2,901
order to ensure that benefits are provided in a consistent 2,902
manner. 2,903
(C) Except as provided in division (B)(6) of this section, 2,905
time off for an employee granted disability leave is not 2,906
chargeable to any other leave granted by other sections of the 2,907
Revised Code. 2,908
(D) While an employee is on an approved disability leave, 2,910
the employer EMPLOYER'S and employee's share of health, life, and 2,912
other insurance benefits shall be paid by the state, and the 2,913
retirement contribution shall be paid as follows: 2,914
(1) The employer's share shall be paid by the state; 2,916
(2) For the first three months, the employee's share shall 2,918
be paid by the employee; 2,919
(3) After the first three months, the employee's share 2,921
shall be paid by the state. 2,922
(E) The approval for disability leave shall be made by the 2,924
director, upon recommendation by the appointing authority. 2,925
(F) If a request for disability leave is denied based on a 2,927
medical determination, the director shall obtain a medical 2,928
opinion from a third party. The decision of the third party is 2,929
70
binding. 2,930
(G) The rule adopted by the director under division (B) of 2,932
this section shall not deny disability leave benefits for an 2,933
illness or injury to an employee who is a veteran of the United 2,934
States armed forces because the employee contracted the illness 2,935
or received the injury in the course of or as a result of 2,936
military service and the illness or injury is or may be covered 2,937
by a compensation plan administered by the United States 2,938
department of veterans affairs. 2,939
Sec. 124.386. (A) Each full-time permanent employee paid 2,948
in accordance with section 124.152 of the Revised Code and those 2,949
employees listed in divisions (B)(2) and (4) of section 124.14 of 2,950
the Revised Code shall be credited with thirty-two hours of 2,951
personal leave each year. Such credit shall be made to each 2,952
eligible employee beginning IN the first day of PAY the base pay 2,955
period EMPLOYEE RECEIVES IN DECEMBER. Employees, upon giving 2,956
reasonable notice to the responsible administrative officer of 2,957
the appointing authority, may use personal leave for absence due 2,958
to mandatory court appearances, legal or business matters, family 2,959
emergencies, unusual family obligations, medical appointments, 2,960
weddings, religious holidays, or any other matter of a personal 2,961
nature.
(B) When personal leave is used, it shall be deducted from 2,963
the unused balance of the employee's personal leave on the basis 2,964
of absence in such increments of an hour as the director of 2,965
administrative services determines. Compensation for such leave 2,966
shall be equal to the employee's base rate of pay. 2,967
(C) A newly appointed full-time permanent employee or a 2,969
nonfull-time employee who receives a full-time permanent 2,970
appointment shall be credited with personal leave of thirty-two 2,971
hours, less one and two-tenths hours for each pay period that has 2,972
elapsed following the base pay period until the first day of the 2,973
pay period during which the appointment was effective. 2,974
(D) The director of administrative services shall allow 2,976
71
employees to elect one of the following options with respect to 2,977
the unused balance of personal leave: 2,978
(1) Carry forward the balance. The maximum credit that 2,980
shall be available to an employee at any one time is forty hours. 2,981
(2) Convert the balance to accumulated sick leave, to be 2,983
used in the manner provided by section 124.382 of the Revised 2,984
Code.; 2,985
(3) Receive a cash benefit. The cash benefit shall equal 2,987
one hour of the employee's base rate of pay for every hour of 2,988
unused credit that is converted. AN EMPLOYEE SERVING IN A 2,989
TEMPORARY WORK LEVEL OR AN INTERIM APPOINTMENT WHO ELECTS TO 2,990
CONVERT UNUSED PERSONAL LEAVE TO CASH SHALL DO SO AT THE BASE 2,992
RATE OF PAY OF THE EMPLOYEE'S NORMAL CLASSIFICATION. Such cash 2,993
benefit shall not be subject to contributions to any of the 2,994
retirement systems, either by the employee or the employer. 2,995
(E) Upon separation from state service, an employee shall 2,997
be entitled to compensation for all unused personal leave 2,998
balance. The rate of pay shall be equal to the employee's base 2,999
rate of pay. 3,000
(F) A full-time permanent employee who separates from 3,002
state service or is no longer a full-time permanent employee 3,003
during the year BECOMES INELIGIBLE TO BE CREDITED WITH LEAVE 3,004
UNDER THIS SECTION shall receive a reduction of personal leave 3,005
credit of one and two-tenths hours for each pay period that 3,006
remains beginning with the first pay period following the date of 3,007
separation OR THE EFFECTIVE DATE OF THE EMPLOYEE'S INELIGIBILITY 3,008
until the pay period preceding the next base pay period. AFTER 3,010
CALCULATION OF THE REDUCTION OF AN EMPLOYEE'S PERSONAL LEAVE
CREDIT, THE EMPLOYEE IS ENTITLED TO COMPENSATION FOR ANY 3,011
REMAINING PERSONAL LEAVE CREDIT AT THE EMPLOYEE'S CURRENT BASE 3,012
RATE OF PAY. If the reduction results in a number of hours less 3,014
than zero, the cash equivalent value of such number of hours 3,015
shall be deducted from any compensation that remains payable to 3,016
the employee, or from the cash conversion value of any vacation 3,017
72
or sick leave that remains credited to the employee. AN EMPLOYEE 3,018
SERVING IN A TEMPORARY WORK LEVEL OR AN INTERIM APPOINTMENT WHO 3,019
IS ELIGIBLE TO RECEIVE COMPENSATION UNDER THIS SECTION SHALL BE 3,020
COMPENSATED AT THE BASE RATE OF PAY OF THE EMPLOYEE'S NORMAL 3,021
CLASSIFICATION.
(G)(F) An employee who transfers from one public agency to 3,023
another PUBLIC AGENCY IN WHICH THE EMPLOYEE IS ELIGIBLE FOR THE 3,024
CREDIT PROVIDED UNDER THIS SECTION shall be credited with the 3,025
unused balance of personal leave up to the maximum personal leave 3,027
accumulation permitted in the public agency to which the employee 3,028
transfers, provided that if no personal leave accumulation is 3,029
permitted, the employee shall receive compensation in the manner 3,030
prescribed in division (E) of this section. 3,031
(G) The director of administrative services shall 3,033
establish procedures to uniformly administer this section. No 3,034
personal leave may be granted to a state employee upon or after 3,035
his retirement or termination of employment. 3,036
Sec. 124.387. Each full-time permanent AND PART-TIME 3,045
PERMANENT employee whose salary or wage is paid directly by 3,047
warrant of the auditor of state shall be granted three days of
bereavement leave with pay upon the death of a member of the 3,048
employee's immediate family. Compensation for bereavement leave 3,049
shall be equal to the employee's base rate of pay. 3,050
Sec. 124.388. An appointing authority may, in its 3,059
discretion, place an employee whose salary or wage is paid 3,060
directly by warrant of the auditor of state on administrative 3,061
leave with pay. Such leave is to be used only in circumstances 3,062
where the health or safety of an employee or of any person or 3,063
property entrusted to the employee's care could be adversely 3,064
affected. Compensation for administrative leave shall be equal 3,065
to the employee's base rate of pay. The length of such leave is 3,066
solely at the discretion of the appointing authority, except that 3,067
the length of the leave shall not exceed the length of the 3,068
situation for which the leave was granted. An appointing 3,069
73
authority may also grant administrative leave of two days or less 3,070
for employees who are moved in accordance with section 124.33 of 3,071
the Revised Code. 3,072
Sec. 124.82. (A) Except as provided in division (D) of 3,081
this section, the department of administrative services, in 3,082
consultation with the superintendent of insurance, shall, in 3,083
accordance with competitive selection procedures of Chapter 125. 3,084
of the Revised Code, contract with an insurance company or a 3,086
health plan in combination with an insurance company, authorized 3,087
to do business in this state, for the issuance of a policy or 3,088
contract of health, medical, hospital, dental, or surgical 3,089
benefits, or any combination thereof, covering state employees 3,090
who are paid directly by warrant of the auditor of state, 3,091
including elected state officials. The department may fulfill 3,092
its obligation under this division by exercising its authority 3,093
under division (A)(2) of section 124.81 of the Revised Code. 3,094
(B) The department may, in addition, in consultation with 3,096
the superintendent of insurance, negotiate and contract with 3,097
health insuring corporations holding a certificate of authority 3,099
under Chapter 1751. of the Revised Code, in their approved 3,100
service areas only, for issuance of a contract or contracts of 3,101
health care services, covering state employees who are paid 3,102
directly by warrant of the auditor of state, including elected 3,103
state officials. Except for health insuring corporations, no 3,104
more than one insurance carrier or health plan shall be 3,105
contracted with to provide the same plan of benefits, provided 3,107
that:
(1) The amount of the premium or cost for such coverage 3,109
contributed by the state, for an individual or for an individual 3,110
and the individual's family, does not exceed that same amount of 3,112
the premium or cost contributed by the state under division (A) 3,113
of this section; 3,114
(2) The employee be permitted to exercise the option as to 3,116
which plan the employee will select under division (A) or (B) of 3,118
74
this section, at a set time each year, which time THAT shall be 3,120
determined by the department; 3,121
(3) The health insuring corporations do not refuse to 3,123
accept the employee, or the employee and the employee's family, 3,125
if the employee exercises the option to select care provided by 3,127
the corporations;
(4) The employee may choose participation in only one of 3,129
the plans sponsored by the department; 3,130
(5) The director of health examines and certifies to the 3,132
department that the quality and adequacy of care rendered by the 3,133
health insuring corporations meet at least the standards of care 3,134
provided by hospitals and physicians in that employee's 3,136
community, who would be providing such care as would be covered 3,137
by a contract awarded under division (A) of this section. 3,138
(C) All or any portion of the cost, premium, or charge for 3,140
the coverage in divisions (A) and (B) of this section may be paid 3,141
in such manner or combination of manners as the department 3,142
determines and may include the proration of health care costs, 3,143
premiums, or charges for part-time employees. 3,144
(D) Notwithstanding division (A) of this section, the 3,146
department may provide benefits equivalent to those that may be 3,147
paid under a policy or contract issued by an insurance company or 3,148
a health plan pursuant to division (A) of this section. 3,149
(E) This section does not prohibit the state office of 3,151
collective bargaining from entering into an agreement with an 3,152
employee representative for the purposes of providing fringe 3,153
benefits including, but not limited to, hospitalization, surgical 3,154
care, major medical care, disability, dental care, vision care, 3,155
medical care, hearing aids, prescription drugs, group life 3,156
insurance, sickness and accident insurance, group legal services 3,157
or other benefits, or any combination thereof, to employees paid 3,158
directly by warrant of the auditor of state through a jointly 3,159
administered trust fund. The employer's contribution for the 3,160
cost of the benefit care shall be mutually agreed to in the 3,161
75
collectively bargained agreement. The amount, type, and 3,162
structure of fringe benefits provided under this division is 3,163
subject to the determination of the board of trustees of the 3,164
jointly administered trust fund. Notwithstanding any other 3,165
provision of the Revised Code, competitive bidding does not apply 3,166
to the purchase of fringe benefits for employees under this 3,167
division when such benefits are provided through a jointly 3,168
administered trust fund. 3,169
Sec. 124.87. (A) There is hereby established in the state 3,178
treasury the state employee health benefit fund for the sole 3,179
purpose of enabling the department of administrative services to 3,180
provide state employees with any benefits specified in division 3,181
(A) of section 124.82 of the Revised Code. 3,182
(B) The fund shall be under the supervision of the 3,184
department. The department shall be responsible, under approved 3,185
bonds, for all moneys coming into, and paid out of, the fund in 3,186
accordance with this section and shall ensure that the fund is 3,187
actuarially sound. Amounts from the fund may be used to pay 3,188
direct and indirect costs that are attributable to consultants or 3,189
a third-party administrator and that are necessary to administer 3,190
this section.
(C) In carrying out its duties and responsibilities, the 3,192
department shall: 3,193
(1) Adopt rules with regard to the administration of the 3,195
fund; 3,196
(2) With respect to benefits specified in division (A) of 3,198
section 124.82 of the Revised Code, enter into a contract with a 3,199
company authorized to do the business of sickness and accident 3,200
insurance under Title XXXIX of the Revised Code or a professional 3,201
claim administrator, to serve as administrator of that portion of 3,202
the fund set aside to provide such benefits. As used in this 3,203
division, a "professional claim administrator" means any person 3,204
that has experience in the handling of insurance claims and has 3,205
been determined by the department to be fully qualified, 3,206
76
financially sound, and capable of meeting all of the service 3,207
requirements of the contract of administration under such 3,208
criteria as may be established by rules adopted by the 3,209
department. With respect to the health, medical, hospital, or 3,210
surgical benefits specified in division (A) of section 124.82 of 3,211
the Revised Code, if the fund is the secondary payor of these 3,212
benefits, the amount the professional claim administrator may pay 3,213
is limited to an amount that will yield a benefit no greater than 3,214
the amount that would have been paid if the fund were the primary 3,215
payor of these benefits. 3,216
(3) Adopt rules governing the conditions under which an 3,218
employee may participate in or withdraw from the fund, and the 3,219
procedure by which the employee is to contribute to the fund; 3,220
(4) Adopt rules to ensure that the fund is actuarially 3,222
sound; 3,223
(5) Adopt rules to ensure the integrity of the fund, and 3,225
to ensure that the fund be used solely for the purpose specified 3,226
in division (A) of this section. 3,227
The department shall adopt all rules pursuant to this 3,229
section in accordance with Chapter 119. of the Revised Code. 3,230
(D) Amounts withheld from employees, amounts contributed 3,232
by the state or from federal funds, and all amounts contributed 3,233
by any state authority, shall be credited to the fund. All other 3,234
income, including the income derived from any dividends and 3,235
distributions, interest earned, premium rate adjustments, or 3,236
other refunds, shall also be credited to the fund. Any amounts 3,237
remaining in the fund after all premiums or subscription charges, 3,238
and other expenses have been paid, shall be retained in the fund 3,239
as a special reserve for adverse fluctuation. 3,240
(E) All income derived from the investment of the fund 3,242
shall accrue to the fund. 3,243
(F)(1) The department shall file annually, by the first 3,245
day of March, a complete report of its operations for the 3,246
preceding fiscal year conducted pursuant to this section, with 3,247
77
the governor, the general assembly, and the superintendent of 3,248
insurance. 3,249
(2) The report shall include a detailed financial 3,251
statement of the fund and the expenses incurred pursuant to this 3,252
section so that the cost of the fund established under this 3,253
section can be determined and identified. The report shall 3,254
include, but not be limited to, the following information 3,255
concerning the fund: 3,256
(a) Assets and liabilities; 3,258
(b) Income and expenditures; 3,260
(c) Benefits paid and the reserves for losses incurred but 3,262
not yet paid, including potential losses and unreported losses; 3,263
(d) Cost of any excess insurance or conversion coverage or 3,265
of any other kind of insurance obtained to cover potential 3,266
losses, or provide supplemental benefits; 3,267
(e) Direct and indirect costs attributable to the use of 3,269
outside consultants, independent contractors, and any other 3,270
persons who are not state employees; 3,271
(f) The cost of developing, monitoring, and evaluating 3,273
cost containment plans as required by the department and the 3,274
savings derived from those plans. 3,275
The financial information required by divisions (F)(2)(a) 3,277
to (F)(2)(f) of this section shall be certified by an independent 3,278
certified public accountant or independent public accountant 3,279
selected by the department who, by reason of knowledge and 3,280
experience, is especially qualified in insurance accounting. 3,281
(3) The report shall also contain the following 3,283
information: 3,284
(a) The actuarial report for the preceding calendar year 3,286
and any other studies or evaluations prepared in the preceding 3,287
year pursuant to division (G) of this section; 3,288
(b) A description of the benefits provided by the fund and 3,290
the number of state employees covered under the fund; 3,291
(c) The rights of state employees who terminate their 3,293
78
employment and the extent of benefits or coverages thereafter 3,294
available to those persons and their dependents; 3,295
(d) Any other information which is relevant in order to 3,297
make full, fair, and effective disclosure of the operations of 3,298
the fund conducted pursuant to this section. 3,299
(G) The department shall have prepared every year, by a 3,301
competent actuary familiar with health and life insurance, a 3,302
report showing a complete actuarial evaluation of the fund and 3,303
the adequacy of the rates of contribution, which report shall 3,304
contain such recommendations as the actuary considers advisable. 3,305
The department may at any time request the actuary to make any 3,306
studies or evaluations to determine the adequacy of the rates of 3,307
contribution, and such rates may be adjusted by the department, 3,308
as recommended by the actuary, effective as of the first of any 3,309
fiscal year thereafter. 3,310
(H) Any new cost resulting from the enactment of this 3,312
section shall be reported pursuant to division (F)(2) of this 3,313
section. 3,314
Sec. 124.92. If the superintendent of insurance has 3,323
approved all or a portion of a service area expansion of a health 3,324
insuring corporation into an additional county or counties, the 3,325
department of administrative services shall authorize the 3,326
corporation, at the next open enrollment period conducted by the 3,328
department UPON THE CORPORATION'S MEETING THE DEPARTMENT'S
ESTABLISHED PARTICIPATION CRITERIA, to participate in the NEXT 3,329
open enrollment for state employees who reside in the expanded 3,331
service area, if both of the following apply: 3,332
(A) The open enrollment is conducted in accordance with 3,334
section 1751.15 of the Revised Code; 3,335
(B) Prior PRIOR to the expansion of the service area, 3,337
fewer than two health insuring corporations were available to 3,340
state employees in the county or counties into which the 3,341
corporation expanded.
Sec. 125.041. Nothing in sections 125.02 or 125.04, 125.03 3,351
79
to 125.08, 125.12 TO 125.16, 125.31 TO 125.76, OR 125.831 of the 3,352
Revised Code shall be construed as limiting the attorney general, 3,354
auditor of state, secretary of state, or treasurer of state in 3,355
any of the following:
(A) Purchases for less than fifty thousand dollars THE 3,357
DOLLAR AMOUNTS FOR THE PURCHASE OF SUPPLIES OR SERVICES 3,358
DETERMINED PURSUANT TO DIVISION (D) OF SECTION 125.05 OF THE 3,359
REVISED CODE;
(B) Purchases for fifty thousand dollars or more THAT 3,361
EQUAL OR EXCEED THE DOLLAR AMOUNTS FOR THE PURCHASE OF SUPPLIES 3,362
OR SERVICES DETERMINED PURSUANT TO DIVISION (D) OF SECTION 125.05 3,363
OF THE REVISED CODE with the approval of the controlling board, 3,364
if such THAT approval is required by section 127.16 of the 3,366
Revised Code;
(C) The final determination of the nature or quantity 3,368
making any purchase of supplies or services to be purchased 3,369
pursuant to section 125.06 of the Revised Code; 3,370
(D) THE FINAL DETERMINATION AND DISPOSAL OF EXCESS AND 3,372
SURPLUS SUPPLIES; 3,373
(E) THE INVENTORY OF STATE PROPERTY; 3,375
(F) THE PURCHASE OF PRINTING; 3,377
(G) THE FLEET MANAGEMENT PROGRAM. 3,379
Sec. 125.12. As used in sections 125.12 to 125.14 of the 3,388
Revised Code:
(A) "Excess supplies" means any supplies that have a 3,390
remaining useful life, but that are no longer needed by the 3,391
agency that possesses them.
(B) "Supplies" means all personal property owned by the 3,393
state, including, but not limited to, equipment and materials. 3,394
(C) "Surplus supplies" means any supplies no longer having 3,396
any use to the state, including obsolete supplies, scrap 3,397
materials, and supplies that have completed their useful life 3,398
cycle. "Surplus supplies" does not include materials that have 3,399
completed their useful life cycle and are recyclable goods and 3,400
80
materials, providing that the goods and materials are actually
recycled.
(D) "Transfer" means to transfer either by sale or without 3,402
a sale.
(E) "HAZARDOUS PROPERTY" MEANS ANY PROPERTY SUBJECT TO THE 3,404
JURISDICTION OF OR REGULATED BY THE OHIO ENVIRONMENTAL PROTECTION 3,405
AGENCY. 3,406
Sec. 125.13. (A) Except as otherwise provided in section 3,415
5193.03 5139.03 of the Revised Code, whenever a state agency 3,416
determines that it has excess or surplus supplies, it shall 3,417
notify the director of administrative services. Upon request by 3,418
the director and on forms provided by the director, the state 3,419
agency shall furnish to the director a list of all such THOSE 3,420
excess and surplus supplies and an appraisal of their value. 3,422
(B) The director of administrative services shall take 3,424
immediate possession CONTROL of a state agency's excess and 3,425
surplus supplies, except for those THE FOLLOWING EXCESS AND 3,427
SURPLUS SUPPLIES: 3,428
(1) EXCESS OR SURPLUS SUPPLIES that have a value below the 3,430
minimum value THAT the director establishes for excess and 3,431
surplus supplies under division (D)(E) of this section. The; 3,432
(2) EXCESS OR SURPLUS SUPPLIES THAT THE DIRECTOR HAS 3,434
AUTHORIZED AN AGENCY TO DONATE TO A PUBLIC ENTITY, INCLUDING, BUT 3,435
NOT LIMITED TO, PUBLIC SCHOOLS AND SURPLUS COMPUTERS AND COMPUTER 3,436
EQUIPMENT TRANSFERRED TO A PUBLIC SCHOOL UNDER DIVISION (G) OF 3,437
THIS SECTION;
(3) EXCESS OR SURPLUS SUPPLIES THAT AN AGENCY TRADES IN AS 3,439
FULL OR PARTIAL PAYMENT WHEN PURCHASING A REPLACEMENT ITEM; 3,440
(4) HAZARDOUS PROPERTY. 3,442
(C) THE director shall inventory excess and surplus 3,445
supplies in the director's possession CONTROL and may have the 3,447
supplies repaired.
(C)(D) The director may do either of the following: 3,449
(1) Dispose of declared surplus or excess supplies in the 3,452
81
director's possession CONTROL by sale, lease, DONATION, or 3,454
transfer. If the director does so, the director shall dispose of 3,456
such THOSE supplies in the following order of priority: 3,458
(a) To state agencies; 3,460
(b) To state-supported or state-assisted institutions of 3,462
higher education; 3,463
(c) To tax-supported agencies, municipal corporations, or 3,465
other political subdivisions of this state; 3,466
(d) To the general public by auction, sealed bid, or 3,468
negotiation. 3,469
(2) If the director has attempted to dispose of any 3,471
declared surplus or excess motor vehicle that does not exceed 3,472
four thousand five hundred dollars in value pursuant to divisions 3,473
(C)(D)(1)(a) to (c) of this section, donate the motor vehicle to 3,475
a nonprofit organization exempt from federal income taxation 3,476
pursuant to 26 U.S.C. 501(a) and (c)(3) for the purpose of 3,477
meeting the transportation needs of participants in the Ohio 3,478
works first program established under Chapter 5107. of the 3,479
Revised Code and participants in the prevention, retention, and 3,480
contingency program established under Chapter 5108. of the 3,481
Revised Code, the. THE director may not donate a motor vehicle 3,482
furnished to the state highway patrol to a nonprofit organization 3,483
pursuant to this division.
(D)(E) The director may adopt rules governing the sale, 3,485
lease, or transfer of surplus and excess supplies in the 3,486
director's possession CONTROL by public auction, sealed bid, or 3,487
negotiation, except that no employee of the disposing agency 3,489
shall be allowed to purchase, lease, or receive any such 3,490
supplies. The director may dispose of declared surplus or excess 3,491
supplies, including motor vehicles, in the director's possession 3,493
CONTROL as the director determines proper if such supplies cannot 3,494
be disposed of pursuant to division (C)(D) of this section. The 3,495
director shall by rule establish a minimum value for excess and 3,497
surplus supplies and prescribe procedures for a state agency to 3,499
82
follow in disposing of excess and surplus supplies in its 3,500
possession CONTROL that have a value below the minimum value 3,502
established by the director.
(E)(F) No state-supported or state-assisted institution of 3,504
higher education, tax-supported agency, municipal corporation, or 3,505
other political subdivision of this state shall sell, lease, or 3,506
transfer excess or surplus supplies acquired under this section 3,507
to private entities or the general public at a price greater than 3,508
the price it originally paid for such THOSE supplies. 3,509
(G) THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY AUTHORIZE 3,511
ANY STATE AGENCY TO TRANSFER SURPLUS COMPUTERS AND COMPUTER 3,512
EQUIPMENT THAT ARE NOT NEEDED BY OTHER STATE AGENCIES DIRECTLY TO 3,513
AN ACCREDITED PUBLIC SCHOOL WITHIN THE STATE. THE COMPUTERS AND 3,514
COMPUTER EQUIPMENT MAY BE REPAIRED OR REFURBISHED PRIOR TO 3,515
TRANSFER. THE STATE AGENCY MAY CHARGE A SERVICE FEE TO THE 3,516
PUBLIC SCHOOLS FOR THE PROPERTY NOT TO EXCEED THE DIRECT COST OF
REPAIRING OR REFURBISHING IT. THE STATE AGENCY SHALL DEPOSIT 3,517
SUCH FUNDS INTO THE ACCOUNT USED FOR REPAIR OR REFURBISHMENT. 3,518
Sec. 125.21. The director of administrative services shall 3,527
prepare PROCESS payroll journals INFORMATION for the purpose of 3,529
payment for personal services of state officials and employees on 3,530
the basis of rates of pay determined by pertinent law, the 3,531
director, or other competent authority. 3,532
Calculation of payrolls may be made after the conclusion of 3,534
each pay period based upon the amount of time served as certified 3,535
by the appropriate appointing authority. Payment for personal 3,536
service rendered by an official or employee during any pay period 3,537
shall be made no later than at the conclusion of the official's 3,538
or employee's next succeeding pay period. 3,539
The director shall furnish to the auditor of state all 3,541
necessary data for drawing state official and employee pay 3,542
warrants and preparing earning statements. These data shall 3,543
include the rate at which paid; the time for which paid, 3,544
including overtime and any other adjustments affecting the 3,545
83
official's or employee's gross pay; all taxes withheld, 3,546
including, whenever practicable, year-to-date figures on all 3,547
taxes withheld; the amount of contribution to the appropriate 3,548
retirement system; any voluntary deductions made in accordance 3,549
with authorizations filed by the official or employee; and 3,550
whether a direct deposit is to be made in accordance with an 3,551
authorization filed by the official or employee. 3,552
Amounts deducted from the salaries or wages of all 3,554
officials and employees shall be transferred to the payroll 3,555
withholding fund, which is hereby created in the state treasury 3,556
for the purpose of consolidating all such deductions made in any 3,557
month. Payments from this fund shall be made at intervals for 3,558
the intended purpose of the deduction or for refund where it is 3,559
determined that deductions were made in error. 3,560
Sec. 125.211. (A) There is hereby created in the state 3,569
treasury the accrued leave liability fund, for the purpose of 3,570
paying both of the following: 3,571
(1) The annual cash benefit payable for every hour of 3,573
unused sick leave credit that is converted pursuant to section 3,574
124.383 of the Revised Code and for every hour of unused personal 3,576
leave credit that is converted pursuant to section 124.386 of the 3,577
Revised Code;
(2) Upon separation from state service, the obligation of 3,579
the state to compensate its employees, including employees listed 3,581
in division (B)(2) OR (4) of section 124.14 of the Revised Code 3,582
and employees in bargaining units who do not receive vacation 3,585
leave, sick leave, or personal leave under Chapter 124. of the 3,587
Revised Code, for unused vacation leave, sick leave, or personal 3,588
leave credit. Any interest earned on the balances in the fund 3,589
shall be credited to the fund.
(B) In performing the calculations required by section 3,591
125.21 of the Revised Code, the director of administrative 3,592
services shall charge to the appropriate salary account an amount 3,593
sufficient to make the payments provided in division (A) of this 3,594
84
section. 3,595
(C) The director of administrative services, in 3,597
consultation with the director of budget and management, shall 3,598
develop the procedures to carry out this section. 3,600
(D) Amounts from the accrued leave liability fund may be 3,603
used to pay direct and indirect costs that are attributable to 3,604
consultants or a third-party administrator and that are necessary 3,605
to carry out this section. 3,606
Sec. 125.48. Biennially, between the first day of June and 3,618
the first day of August, the THE department of administrative 3,619
services shall give notice pursuant to sections 125.07 and 125.08 3,620
of the Revised Code that sealed proposals will be received at its 3,621
office for executing the several classes ONE, TWO, THREE, AND 3,622
FOUR of public printing, including the necessary binding for the 3,623
term of two years from the first Monday of October next ensuing 3,624
for classes one and two printing, and terms not to exceed two 3,625
years for classes three and four. 3,626
bureau employment services 3,628
Sec. 153.01. Whenever any building or structure for the 3,637
use of the state or any institution supported in whole or in part 3,638
by the state or in or upon the public works of the state that is 3,639
administered by the director of administrative services is to be 3,640
erected or constructed, or whenever additions, alterations, or 3,641
structural or other improvements are to be made, or heating, 3,642
cooling, or ventilating plants or other equipment is to be 3,643
installed or material supplied therefor, the aggregate cost of 3,644
which amounts to ten FIFTY thousand dollars or more, each 3,645
officer, board, or other authority upon which devolves the duty 3,647
of constructing, erecting, altering, or installing the same, 3,648
referred to in sections 153.01 to 153.60 of the Revised Code as 3,649
the owner, shall cause to be made, by an architect or engineer 3,650
whose contract of employment shall be prepared and approved by 3,651
the attorney general and filed with the director, the following: 3,652
(A) Full and accurate plans, suitable for the use of 3,654
85
mechanics and other builders in such construction, improvement, 3,655
addition, alteration, or installation; 3,656
(B) Details to scale and full sized, so drawn and 3,658
represented as to be easily understood; 3,659
(C) Accurate bills showing the exact quantity of different 3,661
kinds of material necessary to the construction; 3,662
(D) Definite and complete specifications of the work to be 3,664
performed, together with such directions as will enable a 3,665
competent mechanic or other builder to carry them out and afford 3,666
bidders all needful information; 3,667
(E) A full and accurate estimate of each item of expense 3,669
and the aggregate cost thereof; 3,670
(F) A life-cycle cost analysis; 3,672
(G) Such further data as may be required by the department 3,674
of administrative services. 3,675
Sec. 156.04. (A) In accordance with this section, the 3,684
director of administrative services may enter into an installment 3,685
payment contract for the implementation of one or more energy 3,686
saving measures. If the director wishes an installment payment 3,687
contract to be exempted from Chapter 153. of the Revised Code, he 3,688
THE DIRECTOR shall proceed pursuant to section 156.03 of the 3,689
Revised Code. 3,690
(B) Any installment payment contract under this section 3,692
for one or more energy saving measures shall provide that all 3,693
payments, except payments for repairs and obligations on 3,694
termination of the contract prior to its expiration, are to be a 3,695
stated percentage of calculated savings of energy and operating 3,696
costs attributable to the one or more measures over a defined 3,697
period of time and are to be made only to the extent that such 3,698
THOSE savings actually occur. No such contract shall contain any 3,699
of the following: 3,700
(1) A requirement of any additional capital investment or 3,702
contribution of funds, other than funds available from state or 3,703
federal grants; 3,704
86
(2) In the case of a contract for an energy saving measure 3,706
that is a cogeneration system described in division (H) of 3,707
section 156.01 of the Revised Code, a PAYMENT term longer than 3,708
five years; 3,709
(3) In the case of a contract for any energy saving 3,711
measure that is not a cogeneration system, a PAYMENT term longer 3,712
than ten years. 3,713
(C) Any installment payment contract entered into under 3,715
this section shall terminate no later than the last day of the 3,716
fiscal biennium for which funds have been appropriated to the 3,717
department of administrative services by the general assembly and 3,718
shall be renewed in each succeeding fiscal biennium in which any 3,719
balance of the contract remains unpaid, provided that both an 3,720
appropriation for that succeeding fiscal biennium and the 3,721
certification required by section 126.07 of the Revised Code are 3,722
made. 3,723
Sec. 2716.03. (A) A SUBJECT TO THE LIMITATION ON THE 3,733
COMMENCEMENT OF PROCEEDINGS CONTAINED IN DIVISION (B) OF SECTION 3,734
124.10 OF THE REVISED CODE, A proceeding in garnishment of 3,735
personal earnings may be commenced after a judgment has been 3,736
obtained by a judgment creditor by the filing of an affidavit in 3,737
writing made by the judgment creditor or the judgment creditor's 3,738
agent or the judgment creditor's attorney setting forth all of 3,739
the following:
(1) The name of the judgment debtor whose personal 3,741
earnings the judgment creditor seeks to garnish; 3,742
(2) That the affiant has good reason to believe and does 3,744
believe that the person, partnership, or corporation named in the 3,745
affidavit as the garnishee is an employer of the judgment debtor 3,746
who has personal earnings of the judgment debtor that are not 3,747
exempt under section 2329.66 of the Revised Code; 3,748
(3) That the demand in writing, as required by section 3,750
2716.02 of the Revised Code, has been made; 3,751
(4) That the payment demanded in the notice required by 3,753
87
section 2716.02 of the Revised Code has not been made, nor has a 3,755
sufficient portion been made to prevent the garnishment of 3,756
personal earnings as described in section 2716.02 of the Revised 3,757
Code;
(5) That THE affiant has no knowledge of any application 3,759
by the judgment debtor for the appointment of a trustee so as to 3,760
preclude the garnishment of THE judgment debtor's personal 3,761
earnings;
(6) That the affiant has no knowledge that the debt to 3,763
which the affidavit pertains is the subject of a debt scheduling 3,764
agreement of such a nature that it precludes the garnishment of 3,765
the personal earnings of the judgment debtor under division (B) 3,766
of this section. 3,767
(B) No proceeding in garnishment of personal earnings 3,769
shall be brought against a judgment debtor sooner than thirty 3,770
days after the filing of the last successful proceeding in 3,771
garnishment of personal earnings against the judgment debtor, 3,772
regardless of who brings the proceeding or who brought the last 3,773
successful proceeding. No proceeding in garnishment of personal 3,774
earnings shall be brought against a judgment debtor for the 3,775
collection of a debt that is the subject of an agreement for debt 3,776
scheduling between the judgment debtor and a budget and debt 3,778
counseling service, unless any payment to be made by the judgment 3,779
debtor, or by a budget and debt counseling service to the 3,781
judgment creditor under the agreement for debt scheduling between 3,782
the judgment debtor and the budget and debt counseling service, 3,784
is due and unpaid for more than forty-five days after the date on 3,785
which the payment became due, or unless the judgment creditor 3,786
previously was notified by the service that the debt scheduling 3,787
agreement between the judgment debtor and the service was 3,788
terminated. 3,789
(C) Upon the filing of a proceeding in garnishment of 3,791
personal earnings under this section, the garnishee and the 3,792
judgment debtor shall be notified of the proceeding in accordance 3,793
88
with sections 2716.05 and 2716.06 of the Revised Code. 3,794
(D) As used in this chapter: 3,796
(1) A "budget and debt counseling service" or "service" 3,799
means a corporation organized under Chapter 1702. of the Revised 3,800
Code for the purpose of counseling consumers with respect to 3,801
their financial obligations and assisting them in dealing with 3,802
their creditors. 3,803
(2) "Debt scheduling" means counseling and assistance 3,805
provided to a consumer by a budget and debt counseling service 3,807
under all of the following circumstances: 3,808
(a) The counseling and assistance is manifested in an 3,810
agreement between the consumer and the service under which the 3,811
consumer regularly pays that portion of the consumer's income to 3,812
the service that has been determined not to be required for the 3,814
maintenance of health or the essentials of life; 3,815
(b) The payments are made to the service until the debts 3,817
of the consumer that are the subject of the agreement are fully 3,818
retired; 3,819
(c) The service has sent written notice, by certified 3,821
mail, return receipt requested, or by regular mail evidenced by a 3,822
properly completed and stamped certificate of mailing by regular 3,823
mail, to the creditors of the consumer that are disclosed by the 3,824
consumer to the service. The notice shall contain all of the 3,826
following: 3,827
(i) A statement of the consumer's intent to participate in 3,829
debt scheduling; 3,830
(ii) A summary of the consumer's income, proposed itemized 3,832
budget, schedule of creditors, and proposed debt retirement plan; 3,833
(iii) A statement of the particular creditor's duty to 3,835
respond, in writing, to the service regarding the consumer's 3,836
participation in debt scheduling within fifteen days after 3,837
receiving the notice. 3,838
(d) The debts of the consumer that are the subject of the 3,840
agreement for debt scheduling are determined as follows: 3,841
89
(i) Any debt owed to a creditor that was notified of the 3,843
consumer's intent to participate is a subject of the agreement if 3,844
the creditor responds to the service and enters into an agreement 3,845
with the service, pursuant to which agreement the creditor agrees 3,846
not to attempt to collect the debts of the consumer as long as 3,847
the consumer regularly pays to the service the amount previously 3,848
agreed upon by the service and the consumer and no payment to be 3,849
made by the judgment debtor to the service or by the service to 3,850
the creditor is due and unpaid for more than forty-five days 3,851
after the date on which the payment became due, as long as the 3,852
debt scheduling agreement between the consumer and the service 3,853
has not been terminated, and as long as the service regularly 3,854
pays to the creditor a mutually acceptable amount, which amount 3,855
is either the amount agreed upon by the service and the creditor 3,856
on the date they entered into their original agreement or an 3,857
amount agreed upon by both the service and the creditor on a date 3,858
after the date of the original agreement; 3,859
(ii) Any debt owed to a creditor that was notified of the 3,861
consumer's intent to participate is a subject of the agreement if 3,862
the creditor does not respond to the service and state the 3,863
creditor's objection, in writing, to the consumer's participation 3,864
in debt scheduling within fifteen days after receiving notice of 3,865
the consumer's intention to do so; however, no debt that is 3,866
subject to a lien or security interest of any type, other than a 3,867
judgment lien or execution lien, shall be a subject of the 3,868
agreement unless the creditor specifically assents, in writing, 3,869
to the debt being a subject of the agreement. The creditor shall 3,870
be considered to have entered into an agreement of the type 3,871
described in division (D)(2)(d)(i) of this section, and the 3,872
amount to be regularly paid by the service to the creditor shall 3,873
be an amount determined to be reasonable by the service or an 3,874
amount agreed upon by both the service and the creditor on a date 3,875
after the expiration of the fifteen-day period. 3,876
(iii) Any debt owed to a creditor that was not notified of 3,878
90
the consumer's intent to participate, or a debt owed to a 3,879
creditor that was notified of the consumer's intent to 3,880
participate and that responded to the service and stated its 3,881
objection, in writing, to the consumer's participation in debt 3,882
scheduling within fifteen days after receiving notice of the 3,883
consumer's intention to do so is not a subject of the agreement. 3,884
(e) The service agrees that, if the consumer fails to make 3,886
a payment under the agreement within forty-five days of its due 3,887
date or if the agreement is terminated, the service will notify 3,888
each creditor that is owed a debt that is subject to the 3,889
agreement of the failure or termination by regular mail within 3,890
two business days of the failure or termination and the service 3,891
provides that notice in accordance with the agreement. 3,892
Sec. 4141.242. (A) On or after January 1, 1978, the 3,901
state, its instrumentalities, its political subdivisions and 3,902
their instrumentalities, and any subdivision thereof as defined 3,903
in division (H) of this section and described in this section as 3,904
public entities, shall pay to the administrator of the bureau of 3,905
employment services for deposit in the unemployment compensation 3,906
fund an amount in lieu of contributions equal to the full amount 3,907
of regular benefits, and the amount of extended benefits 3,908
chargeable under the terms of section 4141.301 of the Revised 3,909
Code, from that fund that is attributable to service in the 3,910
employ of the public entity, under the same terms and conditions 3,911
as required of nonprofit organizations electing reimbursing 3,912
status under section 4141.241 of the Revised Code; unless the 3,913
public entity elects to pay contributions under section 4141.25 3,914
of the Revised Code, under the following conditions: 3,915
(1) Any public entity may elect, after December 31, 1977, 3,917
to become liable for contribution payments, as set forth in 3,918
section 4141.25 of the Revised Code, for a period of not less 3,919
than two calendar years by filing with the administrator a 3,920
written notice of its election. 3,921
(2) The effective date of the election to pay 3,923
91
contributions shall be the first day of the first calendar 3,924
quarter after the election is approved by the administrator and 3,925
which is at least thirty days after the election notice was 3,926
received. 3,927
(B) No surety bond shall be required of any reimbursing 3,929
public entity, as is required of nonprofit organizations under 3,930
division (C) of section 4141.241 of the Revised Code. Any public 3,931
entity, either reimbursing or contributory, shall, if it becomes 3,932
delinquent in the payment of reimbursements, contributions, 3,933
forfeiture, or interest, be subject to the same terms and the 3,934
same collection procedures as are set forth for reimbursing 3,935
employers under division (B) of section 4141.241 of the Revised 3,936
Code; and as set forth for contributory employers under Chapter 3,937
4141. of the Revised Code THIS CHAPTER. 3,938
(C) The state of Ohio account and the accounts AND 3,941
SUBACCOUNTS of its instrumentalities, as defined in divisions 3,942
(H)(1)(a) and (1)(b) of this section, shall be administered by 3,943
the director of the department of administrative services, in 3,944
coordination with the administrator in accordance with the terms 3,945
and conditions of Chapter 4141. of the Revised Code THIS CHAPTER, 3,946
regarding the determination and payment of benefits attributable 3,948
to service with the state or its instrumentalities. In this 3,949
capacity, the director of the department of administrative 3,950
services shall maintain any necessary ACCOUNTS AND subaccounts 3,951
for the various agencies and departments of the state and, 3,953
through the director of the office of budget and management, 3,954
apportion among the various state entities, and collect, the 3,955
costs of unemployment benefits, as billed by the bureau of 3,956
employment services, EXCEPT THAT ANY OF THE INDIVIDUAL AGENCIES 3,957
AND DEPARTMENTS FOR WHICH SUCH ACCOUNTS AND SUBACCOUNTS ARE
MAINTAINED MAY, WITH THE CONCURRENCE OF THE DIRECTOR OF 3,958
ADMINISTRATIVE SERVICES AND THE ADMINISTRATOR, BE DESIGNATED TO 3,959
RECEIVE BILLINGS DIRECTLY FROM THE ADMINISTRATOR AND MAKE PAYMENT 3,960
IN RESPONSE TO SUCH BILLINGS DIRECTLY TO THE ADMINISTRATOR. The 3,961
92
ANY moneys so PAID DIRECTLY UNDER THIS DIVISION AND collected BY 3,962
THE DIRECTOR OF ADMINISTRATIVE SERVICES shall be forwarded to the 3,964
administrator for deposit in the fund established by division (A) 3,965
of section 4141.09 of the Revised Code, and shall be credited to 3,966
the accounts of the state and its instrumentalities. 3,967
(D) The accounts of the various local subdivisions, and 3,969
their instrumentalities shall be administered by appropriate 3,970
officials, as designated to the administrator when the accounts 3,971
are established. 3,972
(E) Two or more reimbursing public entities may file a 3,974
joint application to the administrator for the establishment of a 3,975
group account, for the purpose of sharing the cost of benefits 3,976
attributable to service with the public entities, under the 3,977
conditions provided for nonprofit organizations under division 3,978
(D) of section 4141.241 of the Revised Code. 3,979
(F) Two or more public entities that have elected to pay 3,981
contributions may apply for a common rate under division (I) of 3,982
section 4141.24 of the Revised Code. Clear authority, 3,983
resolution, or ordinance for combining must be presented with the 3,984
application requesting the common rate status. Applications must 3,985
be filed by the first day of October of any year, to be effective 3,986
for the following calendar year. 3,987
(G) A public entity, either reimbursing or one electing to 3,989
pay contributions, shall be liable for the full amount of any 3,990
regular benefits paid that are attributable to service in the 3,991
employ of the public entity during the base period of a benefit 3,992
claim, and any extended benefits paid based on service as 3,993
provided in divisions (G)(1)(b) and (1)(c) of section 4141.301 of 3,994
the Revised Code. Where a public entity has changed from a 3,995
reimbursing status to a contributory status, during the base 3,996
period of the benefit claim, then the benefit charges 3,997
attributable to service with the reimbursement account shall be 3,998
charged to the reimbursement account; and, the charges 3,999
attributable to the contributory account shall be charged to that 4,000
93
account. The same rule shall be applicable to situations where a 4,001
contributory public entity has changed to a reimbursing status 4,002
during the base period of a benefit claim. 4,003
(H)(1) For the purposes of establishing employer status 4,005
and accounts for the state and its instrumentalities, its 4,006
political subdivisions and their instrumentalities, a separate 4,007
account shall be established and maintained for: 4,008
(a) The state, including therein the legislative and 4,010
executive branches, as defined in Articles II and III of the Ohio 4,011
constitution, and the Ohio supreme court; 4,012
(b) Each separate instrumentality of the state; 4,014
(c) Each political subdivision of the state, including 4,016
therein the legislative, executive, and judicial functions 4,017
performed for the subdivision; 4,018
(d) Each separate instrumentality of the political 4,020
subdivision; 4,021
(e) Any jointly owned instrumentality of more than one of 4,023
the public entities described in this division, or any jointly 4,024
owned instrumentality of any such public entities and one or more 4,025
other states or political subdivisions thereof. 4,026
(2) For the purposes of Chapter 4141. of the Revised Code 4,028
THIS CHAPTER, the separate accounts, established by this 4,030
division, shall be described as "public entity accounts." 4,031
(I) The administrator, in accordance with any rules that 4,033
he THE ADMINISTRATOR may prescribe, shall notify each public 4,034
entity of any determination which he THE ADMINISTRATOR may make 4,036
of its status as an employer and of the effective date of any 4,038
election which it makes and of any termination of the election. 4,039
Any determinations are subject to reconsideration, appeal, and 4,040
review in accordance with sections 4141.26 and 4141.28 of the 4,041
Revised Code.
Sec. 5101.07. Each office, division, bureau, and section 4,051
authorized by section 5101.06 of the Revised Code shall consist 4,052
of a chief and the officers and employees necessary for the 4,053
94
performance of the functions assigned to it. The director of 4,054
human services shall supervise the work of each office, division, 4,056
bureau, and section and shall be responsible for the 4,057
determination of general policies in the exercise of powers 4,058
vested in the department and powers assigned to each office, 4,059
division, bureau, and section. The chief of each office, 4,060
division, bureau, and section shall be responsible to the 4,062
director for the organization, direction, and supervision of the 4,063
work of the office, division, bureau, or section and the exercise 4,064
of the powers and the performance of the duties of the department 4,065
assigned to such office, division, bureau, or section, and, with 4,067
the approval of the director, may establish other administrative 4,068
units therein. The director shall appoint the chief of each 4,069
office, division, bureau, and section, who, unless placed in the 4,071
unclassified service under section 124.11 of the Revised Code, 4,072
shall be in the classified service, and all other employees of 4,073
the department. The chief of each office, division, bureau, and 4,074
section shall be a person who has had special training and 4,075
experience in the type of work with the performance of which the 4,076
office, division, bureau, or section is charged. If the director 4,079
certifies that any such position can best be filled under 4,080
division (B)(A)(2) of section 124.30 of the Revised Code or 4,081
without regard to residence of the appointee, the department of 4,082
administrative services shall be governed by such certification. 4,083
Each chief of an office, division, bureau, or section, under the 4,085
director of human services, shall have entire executive charge of 4,086
the office, division, bureau, or section for which the chief is 4,088
appointed.
All employees holding positions in the classified service 4,090
within the department on June 30, 1966, shall continue to hold 4,091
such positions and this section does not affect their civil 4,092
service status. 4,093
Section 2. That existing sections 124.03, 124.09, 124.10, 4,095
124.11, 124.13, 124.134, 124.14, 124.15, 124.18, 124.181, 124.20, 4,096
95
124.25, 124.27, 124.30, 124.32, 124.323, 124.327, 124.34, 4,097
124.382, 124.383, 124.384, 124.385, 124.386, 124.387, 124.388, 4,099
124.82, 124.87, 124.92, 125.041, 125.12, 125.13, 125.21, 125.211, 4,100
125.48, 153.01, 156.04, 2716.03, 4141.242, and 5101.07 and 4,101
sections 124.139 and 124.312 of the Revised Code are hereby 4,104
repealed.
Section 3. Sections 124.09, 124.14, and 124.27 of the 4,106
Revised Code are presented in this act as composites of the 4,109
sections as amended by both Am. Sub. H.B. 117 and Am. Sub. S.B. 4,110
99 of the 121st General Assembly, with the new language of 4,111
neither of the acts shown in capital letters. Section 125.13 of 4,113
the Revised Code is presented in this act as a composite of the 4,114
section as amended by both Am. Sub. H.B. 215 and Sub. H.B. 408 of 4,115
the 122nd General Assembly, with the new language of neither of 4,117
the acts shown in capital letters. Section 125.48 of the Revised 4,118
Code is presented in this act as a composite of the section as 4,119
amended by both Am. Sub. S.B. 99 and Am. Sub. S.B. 162 of the
121st General Assembly, with the new language of neither of the 4,120
acts shown in capital letters. Section 2716.03 of the Revised 4,121
Code is presented in this act as a composite of the section as 4,122
amended by both Am. H.B. 193 and Am. Sub. S.B. 150 of the 121st 4,123
General Assembly, with the new language of neither of the acts 4,124
shown in capital letters. This is in recognition of the 4,125
principle stated in division (B) of section 1.52 of the Revised 4,126
Code that such amendments are to be harmonized where not 4,127
substantively irreconcilable and constitutes a legislative 4,128
finding that such is the resulting version in effect prior to the 4,129
effective date of this act.