As Reported by House State Government Committee 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 144 5
1997-1998 6
SENATORS WATTS-SCHAFRATH-MUMPER 8
_________________________________________________________________ 10
A B I L L
To amend sections 124.03, 124.09, 124.10, 124.11, 12
124.13, 124.134, 124.14, 124.15, 124.18, 124.181, 13
124.20, 124.25, 124.27, 124.30, 124.32, 124.323, 14
124.327, 124.34, 124.382, 124.383, 124.384,
124.385, 124.386, 124.387, 124.388, 124.82, 16
124.87, 124.92, 125.041, 125.12, 125.13, 125.21, 17
125.211, 125.48, 156.04, 2716.03, 4141.242, and 19
5101.07 and to repeal sections 124.139 and 20
124.312 of the Revised Code to make various
changes in the Civil Service, Excess and Surplus 22
Supplies, and State Printing Laws and in other 23
laws that affect the Department of Administrative
Services. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 124.03, 124.09, 124.10, 124.11, 27
124.13, 124.134, 124.14, 124.15, 124.18, 124.181, 124.20, 124.25, 28
124.27, 124.30, 124.32, 124.323, 124.327, 124.34, 124.382, 29
124.383, 124.384, 124.385, 124.386, 124.387, 124.388, 124.82, 31
124.87, 124.92, 125.041, 125.12, 125.13, 125.21, 125.211, 125.48, 32
156.04, 2716.03, 4141.242, and 5101.07 of the Revised Code be 33
amended to read as follows: 35
Sec. 124.03. The state personnel board of review shall 44
exercise the following powers and perform the following duties: 45
(A) Hear appeals, as provided by law, of employees in the 47
classified state service from final decisions of appointing 48
authorities or the director of administrative services relative 49
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to reduction in pay or position, job abolishments, layoff, 50
suspension, discharge, assignment or reassignment to a new or 51
different position classification, or refusal of the director, or 52
anybody authorized to perform his THE DIRECTOR'S functions, to 53
reassign an employee to another classification or to reclassify 54
the employee's position with or without a job audit under 55
division (E)(D) of section 124.14 of the Revised Code. As used 56
in this division, "discharge" includes involuntary disability 57
separations. The board may affirm, disaffirm, or modify the 60
decisions of the appointing authorities or the director, as the 61
case may be, and its decision is final. The board's decisions 62
shall be consistent with the applicable classification
specifications. The board shall not be deprived of jurisdiction 63
to hear any appeal due to the failure of an appointing authority 64
to file its decision with the board. Any final decision of an 65
appointing authority or of the director not filed in the manner 66
provided in this chapter shall be disaffirmed. The board may 67
place an exempt employee, as defined in section 124.152 of the 68
Revised Code, into a bargaining unit classification, if the board 69
determines that the bargaining unit classification is the proper 70
classification for that employee. Notwithstanding Chapter 4117. 71
of the Revised Code or instruments and contracts negotiated under 72
it, such placements are at the board's discretion.
In any hearing before the board, including any hearing at 74
which a record is taken that may be the basis of an appeal to a 75
court, an employee may be represented by a person permitted to 76
practice before the board who is not an attorney at law so long 77
as the person does not receive any compensation from the employee 78
for such representation. 79
(B) Hear appeals, as provided by law, of appointing 81
authorities from final decisions of the director relative to the 82
classification or reclassification of any position in the 83
classified state service under the jurisdiction of such 84
appointing authority. The board may affirm, disaffirm, or modify 85
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the decisions of the director, and its decision is final. The 86
board's decisions shall be consistent with the applicable 88
classification specifications. 89
(C) Exercise the authority provided by section 124.40 of 91
the Revised Code, for appointment, removal, and supervision of 92
municipal and civil service township civil service commissions; 93
(D) Appoint a secretary, referees, examiners, and whatever 95
other employees are necessary in the exercise of its powers and 96
performance of its duties and functions. The board shall 97
determine appropriate education and experience requirements for 98
its secretary, referees, examiners, and other employees and shall 99
prescribe their duties. A referee or examiner does not need to 100
have been admitted to the practice of law. 101
(E) Maintain a journal which shall be open to public 103
inspection, in which it shall keep a record of all of its 104
proceedings and of the vote of each of its members upon every 105
action taken by it; 106
(F) Adopt rules in accordance with Chapter 119. of the 108
Revised Code relating to the procedure of the board in 109
administering the laws which it has the authority or duty to 110
administer and for the purpose of invoking the jurisdiction of 111
the board in hearing appeals of appointing authorities and 112
employees in matters set forth in divisions (A) and (B) of this 113
section; 114
(G) Subpoena and require the attendance and testimony of 116
witnesses and the production of books, papers, public records, 117
and other documentary evidence pertinent to any matter which it 118
has authority to investigate, inquire into, or hear in the same 119
manner and to the same extent as provided by division (G) of 120
section 124.09 of the Revised Code. All witness fees shall be 121
paid in the manner set forth in that division. 122
(H) The board shall be funded by general revenue fund 124
appropriations. All moneys received by the board for copies of 125
documents, rule books, and transcriptions shall be paid into the 126
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state treasury to the credit of the transcript and other 127
documents fund, which is hereby created to defray the cost of 128
furnishing or making available such copies, rule books, and 129
transcriptions. 130
Sec. 124.09. The director of administrative services shall 140
do all of the following:
(A) Prescribe, amend, and enforce administrative rules for 142
the purpose of carrying out the functions, powers, and duties 143
vested in and imposed upon the director by this chapter. Except 145
in the case of rules adopted pursuant to section 124.14 of the 146
Revised Code, the prescription, amendment, and enforcement of 147
rules under this division are subject to approval, disapproval, 148
or modification by the state personnel board of review. 149
(B) Keep records of the director's proceedings and records 151
of all applications for examinations and all examinations 152
conducted by the director. All such records, except examinations 153
and recommendations of former employers, shall be open to public 155
inspection under reasonable regulations; provided the governor, 156
or any person designated by the governor, may, for the purpose of 157
investigation, have free access to all such records, whenever the 158
governor has reason to believe that this chapter, or the 159
administrative rules of the director prescribed under such 160
sections, are being violated.
(C) Prepare, continue, and keep in the office of the 162
department, a complete roster of all persons in the classified 163
service WHO ARE PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE. 164
This roster shall be open to public inspection at all reasonable 166
hours. It shall show in reference to each of such THOSE persons, 167
the person's name, address, the date of appointment to or 168
employment in such THE CLASSIFIED service, the person's AND 169
salary or compensation, the title of the place or office which 170
THAT the person holds, the nature of the duties thereof OF THAT 171
PLACE OR OFFICE, and, in case of the person's removal or 172
resignation, the date of the termination of such THAT service. 173
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(D) Approve the establishment of all new positions in the 175
civil service of the state and the reestablishment of abolished 176
positions. 177
(E) Require the abolishment of any position in the civil 179
service of the state that is not filled after a period of twelve 180
months unless it is determined that the position is seasonal in 181
nature or that the vacancy is otherwise justified. 182
(F) Make investigations concerning all matters touching 184
the enforcement and effect of this chapter, and the 185
administrative rules of the director prescribed under such 186
sections THIS CHAPTER. In the course of such investigations, the 187
director or the director's deputy may administer oaths and 188
affirmations, and take testimony relative to any matter which the 190
director has authority to investigate. 191
(G) Have the power to subpoena and require the attendance 193
and testimony of witnesses and the production of books, papers, 194
public records, and other documentary evidence pertinent to the 195
investigations, inquiries, or hearings on any matter which the 196
director has authority to investigate, inquire into or hear, and 197
to examine them in relation to any matter which the director has 198
authority to investigate, inquire into, or hear. Fees shall be 199
allowed to witnesses, and on their certificate, duly audited, 200
shall be paid by the treasurer of state, or in the case of 201
municipal or civil service township civil service commissions by 202
the county treasurer, for attendance and traveling, as is 203
provided in section 2335.06 of the Revised Code for witnesses in 204
courts of record. All officers in the civil service of the state 205
or any of the political subdivisions thereof and their deputies, 206
clerks, and employees shall attend and testify when summoned to 207
do so by the director or the state personnel board of review. 208
Depositions of witnesses may be taken by the director or the 209
board, or any member thereof, in the manner prescribed by law for 210
like depositions in civil actions in the courts of common pleas. 211
In case any person, in disobedience to any subpoena issued by the 212
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director or the board, or any member thereof, or the chief 213
examiner, fails or refuses to attend and testify to any matter 214
regarding which the person may be lawfully interrogated, or 215
produce any documentary evidence pertinent to any investigation, 217
inquiry, or hearing, the court of common pleas of any county, or 218
any judge thereof, where such disobedience, failure, or refusal 219
occurs, upon application of the director or the board, or any 220
member thereof, or a municipal or civil service township civil 221
service commission, or any commissioner thereof, or their chief 222
examiner, shall compel obedience by attachment proceedings for 223
contempt as in the case of disobedience of the requirements of a 224
subpoena issued from such courts or a refusal to testify therein. 225
(H) Make a report to the governor, on or before the first 227
day of January of each year, showing the director's actions, the 229
rules and all exceptions thereto in force, and any 230
recommendations for the more effectual accomplishment of the 231
purposes of this chapter. The director shall also furnish any 232
special reports to the governor whenever the governor requests 233
them. Such reports shall be printed for public distribution 235
under the same regulations as are the reports of other state 236
officers, boards, or commissions. 237
Sec. 124.10. (A) Any creditor or judgment creditor of an 246
employee or officer of the state may maintain against the state 247
any action or proceeding in attachment or garnishment, or in aid 248
of execution to subject to the payment of his THE CREDITOR'S OR 249
JUDGMENT CREDITOR'S claim or judgment any salary, wages, or other 250
compensation owing to any such employee or officer of the state, 251
in the same manner, to the same extent, and in the same courts as 253
any creditor or judgment creditor may, under the laws of this 254
state, subject moneys due his A debtor or judgment debtor from 255
any person.
In any such action or proceeding against the state, the 257
order and notice of attachment, garnishment, or proceeding in aid 258
of execution shall be served upon the director of administrative 259
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services and shall set forth the name of the state agency in 260
which such THE debtor or judgment debtor is employed. 261
(B) NO PROCEEDING IN GARNISHMENT OF PERSONAL EARNINGS 264
BROUGHT UNDER SECTION 2716.03 OF THE REVISED CODE SHALL BE 265
BROUGHT AGAINST A JUDGMENT DEBTOR SOONER THAN THIRTY DAYS AFTER 267
THE TIME AN ORDER AND NOTICE OF GARNISHMENT IS SERVED UPON THE
DIRECTOR OF ADMINISTRATIVE SERVICES, REGARDLESS OF WHO BRINGS THE 268
PROCEEDING OR WHO BROUGHT THE LAST SUCCESSFUL PROCEEDING. 269
(C) If, at the time an order and notice of garnishment is 271
served upon the director of administrative services pursuant to 272
section 2716.05 of the Revised Code, he THE DIRECTOR has lost 273
administrative control of disposable earnings of the defendant 275
that are being held back, the director may answer question 4(B) 276
of the "Answer of Employer (Garnishee)." In such a case, the 277
director, as garnishee, shall answer the order and notice of 278
garnishment on the first workday following the defendant's next 279
subsequent pay period, notwithstanding any other different time 280
of answer prescribed by Chapter 2716. of the Revised Code. If, 281
at the time an order and notice of garnishment is served upon him 282
THE DIRECTOR pursuant to section 2716.05 of the Revised Code, the 283
director has not lost administrative control of disposable 284
earnings of the defendant that are being held back, the director, 285
as garnishee, shall answer the order and notice of garnishment on 286
the first workday following the then-current pay period, 287
notwithstanding any different time of answer prescribed by 288
Chapter 2716. of the Revised Code. 289
Sec. 124.11. The civil service of the state and the 298
several counties, cities, civil service townships, city health 299
districts, general health districts, and city school districts 300
thereof shall be divided into the unclassified service and the 301
classified service. 302
(A) The unclassified service shall comprise the following 304
positions, which shall not be included in the classified service, 305
and which shall be exempt from all examinations required by this 306
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chapter: 307
(1) All officers elected by popular vote or persons 309
appointed to fill vacancies in such offices; 310
(2) All election officers as defined in section 3501.01 of 312
the Revised Code; 313
(3) The members of all boards and commissions, and heads 315
of principal departments, boards, and commissions appointed by 316
the governor or by and with the governor's consent; and the 317
members of all boards and commissions and all heads of 318
departments appointed by the mayor, or, if there is no mayor, 319
such other similar chief appointing authority of any city or city 320
school district; except as otherwise provided in division (A)(17) 321
or (C) of this section, this chapter does not exempt the chiefs 322
of police departments and chiefs of fire departments of cities or 323
civil service townships from the competitive classified service; 324
(4) The members of county or district licensing boards or 326
commissions and boards of revision, and deputy county auditors; 327
(5) All officers and employees elected or appointed by 329
either or both branches of the general assembly, and such 330
employees of the city legislative authority as are engaged in 331
legislative duties; 332
(6) All commissioned, warrant, and noncommissioned 334
officers and enlisted persons in the Ohio organized militia, 336
including military appointees in the adjutant general's 338
department;
(7)(a) All presidents, business managers, administrative 340
officers, superintendents, assistant superintendents, principals, 341
deans, assistant deans, instructors, teachers, and such employees 342
as are engaged in educational or research duties connected with 343
the public school system, colleges, and universities, as 344
determined by the governing body of the public school system, 345
colleges, and universities; 346
(b) The library staff of any library in the state 348
supported wholly or in part at public expense. 349
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(8) Four clerical and administrative support employees for 351
each of the elective state officers; and three clerical and 352
administrative support employees for other elective officers and 353
each of the principal appointive executive officers, boards, or 354
commissions, except for civil service commissions, that are 355
authorized to appoint such clerical and administrative support 356
employees; 357
(9) The deputies and assistants of state agencies 359
authorized to act for and on behalf of the agency, or holding a 360
fiduciary or administrative relation to that agency and those 361
persons employed by and directly responsible to elected county 362
officials or a county administrator and holding a fiduciary or 363
administrative relationship to such elected county officials or 364
county administrator, and the employees of such county officials 365
whose fitness would be impracticable to determine by competitive 367
examination, provided that division (A)(9) of this section shall 368
not affect those persons in county employment in the classified 369
service as of September 19, 1961. Nothing in division (A)(9) of 370
this section applies to any position in a county department of 371
human services created pursuant to Chapter 329. of the Revised 372
Code. 373
(10) Bailiffs, constables, official stenographers, and 375
commissioners of courts of record, deputies of clerks of the 376
courts of common pleas who supervise, or who handle public moneys 377
or secured documents, and such officers and employees of courts 378
of record and such deputies of clerks of the courts of common 379
pleas as the director of administrative services finds it 380
impracticable to determine their fitness by competitive 381
examination; 382
(11) Assistants to the attorney general, special counsel 384
appointed or employed by the attorney general, assistants to 385
county prosecuting attorneys, and assistants to city directors of 386
law; 387
(12) Such teachers and employees in the agricultural 389
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experiment stations; such students in normal schools, colleges, 390
and universities of the state who are employed by the state or a 391
political subdivision of the state in student or intern 392
classifications; and such unskilled labor positions as the 393
director of administrative services or any municipal civil 394
service commission may find it impracticable to include in the 395
competitive classified service; provided such exemptions shall be 396
by order of the commission or the director, duly entered on the 397
record of the commission or the director with the reasons for 398
each such exemption; 399
(13) Any physician or dentist who is a full-time employee 401
of the department of mental health or the department of mental 402
retardation and developmental disabilities or of an institution 403
under the jurisdiction of either department; and physicians who 404
are in residency programs at the institutions; 405
(14) Up to twenty positions at each institution under the 407
jurisdiction of the department of mental health or the department 408
of mental retardation and developmental disabilities that the 409
department director determines to be primarily administrative or 410
managerial; and up to fifteen positions in any division of either 411
department, excluding administrative assistants to the director 412
and division chiefs, which are within the immediate staff of a 413
division chief and which the director determines to be primarily 414
and distinctively administrative and managerial; 415
(15) Noncitizens of the United States employed by the 417
state, or its counties or cities, as physicians or nurses who are 418
duly licensed to practice their respective professions under the 419
laws of Ohio, or medical assistants, in mental, tuberculosis, or 420
chronic disease hospitals, or institutions; 421
(16) Employees of the governor's office; 423
(17) Fire chiefs and chiefs of police in civil service 425
townships appointed by boards of township trustees under section 426
505.38 or 505.49 of the Revised Code; 427
(18) Executive directors, deputy directors, and program 429
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directors employed by boards of alcohol, drug addiction, and 430
mental health services under Chapter 340. of the Revised Code, 431
and secretaries of the executive directors, deputy directors, and 432
program directors; 433
(19) Superintendents, and management employees as defined 435
in section 5126.20 of the Revised Code, of county boards of 436
mental retardation and developmental disabilities; 437
(20) Physicians, nurses, and other employees of a county 439
hospital who are appointed pursuant to sections 339.03 and 339.06 440
of the Revised Code; 441
(21) The executive director of the state medical board, 443
who is appointed pursuant to division (B) of section 4731.05 of 444
the Revised Code; 445
(22) County directors of human services as provided in 447
section 329.02 of the Revised Code and administrators appointed 448
under section 329.021 of the Revised Code; 449
(23) A director of economic development who is hired 451
pursuant to division (A) of section 307.07 of the Revised Code; 452
(24) Chiefs of construction and compliance, of operations 454
and maintenance, and of licensing and certification in the 455
division of industrial compliance in the department of commerce; 456
(25) The executive director of a county transit system 458
appointed under division (A) of section 306.04 of the Revised 459
Code;
(26) Up to five positions at each of the administrative 461
departments listed in section 121.02 of the Revised Code and at 462
the department of taxation, department of the adjutant general, 463
department of education, Ohio board of regents, bureau of 464
employment services, bureau of workers' compensation, industrial 465
commission, state lottery commission, and public utilities 466
commission of Ohio that the head of that administrative 467
department or of that other state agency determines to be
involved in policy development and implementation. The head of 468
the administrative department or other state agency shall set the 469
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compensation for employees in these positions at a rate that is 470
not less than the minimum compensation specified in pay range 41 471
but not more than the maximum compensation specified in pay range 472
44 of salary schedule E-2 in section 124.152 of the Revised Code. 473
The authority to establish positions in the unclassified service 474
under division (A)(26) of this section is in addition to and does 475
not limit any other authority that an administrative department 476
or state agency has under the Revised Code to establish 477
positions, appoint employees, or set compensation. 478
(27) Employees of the department of agriculture employed 480
under section 901.09 of the Revised Code; 481
(28) For cities, counties, civil service townships, city 483
health districts, general health districts, and city school 485
districts, the deputies and assistants of elective or principal 486
executive officers authorized to act for and in the place of 487
their principals or holding a fiduciary relation to their
principals; 488
(29) EMPLOYEES WHO RECEIVE EXTERNAL INTERIM, INTERMITTENT, 490
OR TEMPORARY APPOINTMENTS UNDER DIVISION (B) OF SECTION 124.30 OF 491
THE REVISED CODE;
(30) EMPLOYEES APPOINTED TO ADMINISTRATIVE STAFF POSITIONS 493
FOR WHICH AN APPOINTING AUTHORITY IS GIVEN SPECIFIC STATUTORY 494
AUTHORITY TO SET COMPENSATION; 495
(31) EMPLOYEES APPOINTED TO HIGHWAY PATROL CADET OR 497
HIGHWAY PATROL CADET CANDIDATE CLASSIFICATIONS. 498
(B) The classified service shall comprise all persons in 500
the employ of the state and the several counties, cities, city 501
health districts, general health districts, and city school 502
districts thereof, not specifically included in the unclassified 503
service. Upon the creation by the board of trustees of a civil 504
service township civil service commission, the classified service 505
shall also comprise, except as otherwise provided in division 506
(A)(17) or (C) of this section, all persons in the employ of 507
civil service township police or fire departments having ten or 508
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more full-time paid employees. The classified service consists 509
of two classes, which shall be designated as the competitive 510
class and the unskilled labor class. 511
(1) The competitive class shall include all positions and 513
employments in the state and the counties, cities, city health 514
districts, general health districts, and city school districts 515
thereof, and upon the creation by the board of trustees of a 516
civil service township of a township civil service commission all 517
positions in civil service township police or fire departments 518
having ten or more full-time paid employees, for which it is 519
practicable to determine the merit and fitness of applicants by 520
competitive examinations. Appointments shall be made to, or 521
employment shall be given in, all positions in the competitive 522
class that are not filled by promotion, reinstatement, transfer, 523
or reduction, as provided in this chapter, and the rules of the 524
director of administrative services, by appointment from those 525
certified to the appointing officer in accordance with this 526
chapter. 527
(2) The unskilled labor class shall include ordinary 529
unskilled laborers. Vacancies in the labor class shall be filled 530
by appointment from lists of applicants registered by the 531
director. The director of OR the commission, by rule, shall 532
require an applicant for registration in the labor class to 534
furnish such evidence or take such tests as the director 535
considers proper with respect to age, residence, physical 536
condition, ability to labor, honesty, sobriety, industry, 537
capacity, and experience in the work or employment for which 538
application is made. Laborers who fulfill the requirements shall 539
be placed on the eligible list for the kind of labor or 540
employment sought, and preference shall be given in employment in 541
accordance with the rating received from such evidence or in such 542
tests. Upon the request of an appointing officer, stating the 543
kind of labor needed, the pay and probable length of employment, 544
and the number to be employed, the director shall certify from 545
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the highest on the list double the number to be employed; from 546
this number the appointing officer shall appoint the number 547
actually needed for the particular work. If more than one 548
applicant receives the same rating, priority in time of 549
application shall determine the order in which their names shall 550
be certified for appointment.
(C) A municipal or civil service township civil service 552
commission may place volunteer firefighters who are paid on a 554
fee-for-service basis in either the classified or the 555
unclassified civil service. 556
(D) THIS DIVISION DOES NOT APPLY TO PERSONS IN THE 558
UNCLASSIFIED SERVICE WHO HAVE THE RIGHT TO RESUME POSITIONS IN 559
THE CLASSIFIED SERVICE UNDER SECTIONS 4121.121, 5119.071, 560
5120.07, 5120.38, 5120.381, 5120.382, 5123.08, 5139.02, AND 561
5501.19 OF THE REVISED CODE. 562
AN APPOINTING AUTHORITY WHOSE EMPLOYEES ARE PAID DIRECTLY 565
BY WARRANT OF THE AUDITOR OF STATE MAY APPOINT A PERSON WHO HOLDS 566
A CERTIFIED POSITION IN THE CLASSIFIED SERVICE WITHIN THE 567
APPOINTING AUTHORITY'S AGENCY TO A POSITION IN THE UNCLASSIFIED
SERVICE WITHIN THAT AGENCY. A PERSON APPOINTED PURSUANT TO THIS 570
DIVISION TO A POSITION IN THE UNCLASSIFIED SERVICE SHALL RETAIN
THE RIGHT TO RESUME THE POSITION AND STATUS HELD BY THE PERSON IN 572
THE CLASSIFIED SERVICE IMMEDIATELY PRIOR TO THE PERSON'S
APPOINTMENT TO THE POSITION IN THE UNCLASSIFIED SERVICE, 573
REGARDLESS OF THE NUMBER OF POSITIONS THE PERSON HELD IN THE 575
UNCLASSIFIED SERVICE. REINSTATEMENT TO A POSITION IN THE
CLASSIFIED SERVICE SHALL BE TO A POSITION SUBSTANTIALLY EQUAL TO 576
THAT POSITION IN THE CLASSIFIED SERVICE HELD PREVIOUSLY, AS 578
CERTIFIED BY THE DIRECTOR OF ADMINISTRATIVE SERVICES. IF THE
POSITION THE PERSON PREVIOUSLY HELD IN THE CLASSIFIED SERVICE HAS 579
BEEN PLACED IN THE UNCLASSIFIED SERVICE OR IS OTHERWISE 581
UNAVAILABLE, THE PERSON SHALL BE APPOINTED TO A POSITION IN THE 582
CLASSIFIED SERVICE WITHIN THE APPOINTING AUTHORITY'S AGENCY THAT 583
THE DIRECTOR OF ADMINISTRATIVE SERVICES CERTIFIES IS COMPARABLE
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IN COMPENSATION TO THE POSITION THE PERSON PREVIOUSLY HELD IN THE 584
CLASSIFIED SERVICE. SERVICE IN THE POSITION IN THE UNCLASSIFIED 586
SERVICE SHALL BE COUNTED AS SERVICE IN THE POSITION IN THE 587
CLASSIFIED SERVICE HELD BY THE PERSON IMMEDIATELY PRIOR TO THE
PERSON'S APPOINTMENT TO THE POSITION IN THE UNCLASSIFIED SERVICE. 588
WHEN A PERSON IS REINSTATED TO A POSITION IN THE CLASSIFIED 590
SERVICE AS PROVIDED IN THIS DIVISION, THE PERSON IS ENTITLED TO 591
ALL RIGHTS, STATUS, AND BENEFITS ACCRUING TO THE POSITION IN THE 592
CLASSIFIED SERVICE DURING THE PERSON'S TIME OF SERVICE IN THE
POSITION IN THE UNCLASSIFIED SERVICE. 594
Sec. 124.13. (A) The grant of vacation leave to full-time 603
employees under this division is subject to division (B) of this 604
section AS USED IN THIS SECTION, "STATE EMPLOYEE" MEANS A STATE 605
EMPLOYEE WHO DOES NOT ACCRUE VACATION LEAVE UNDER SECTION 124.134 606
OF THE REVISED CODE.
(B) Each full-time state employee OR COUNTY HUMAN SERVICES 608
DEPARTMENT EMPLOYEE, including full-time hourly rate employees, 610
after service of one year with the state, or any political 611
subdivision of the state, shall have earned and will be due upon 612
the attainment of the first year of employment, and annually 613
thereafter, eighty hours of vacation leave with full pay. One 614
year of service shall be computed on the basis of twenty-six 615
biweekly pay periods. A full-time state employee, or county 616
human services DEPARTMENT employee with eight or more years of 618
service with the state or any political subdivision of the state 619
shall have earned and is entitled to one hundred twenty hours of 620
vacation leave with full pay. A full-time state employee or 621
county human services DEPARTMENT employee with fifteen or more 622
years of service with the state or any political subdivision of 623
the state shall have earned and is entitled to one hundred sixty 624
hours of vacation leave with full pay. A full-time state 625
employee or county human services DEPARTMENT employee with 626
twenty-five years of service with the state or any political 628
subdivision of the state shall have earned and is entitled to two 629
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hundred hours of vacation leave with full pay. Such vacation 630
leave shall accrue to the employee at the rate of three and 631
one-tenth hours each biweekly period for those entitled to eighty 632
hours per year; four and six-tenths hours each biweekly period 633
for those entitled to one hundred twenty hours per year; six and 634
two-tenths hours each biweekly period for those entitled to one 635
hundred sixty hours per year; and seven and seven-tenths hours 636
each biweekly period for those entitled to two hundred hours per 637
year.
(B)(C) Full-time STATE AND COUNTY HUMAN SERVICES 639
DEPARTMENT employees who are in active pay status for less than 641
eighty hours in a pay period, and part-time STATE employees,
shall earn vacation leave on a prorated basis. The ratio between 643
the hours worked and the vacation hours earned by these classes 644
of employees shall be the same as the ratio between the hours 645
worked and the vacation hours earned by a full-time STATE OR 646
COUNTY HUMAN SERVICES DEPARTMENT employee who works forty hours 647
in a pay period and who has the same amount of service as 648
provided for in this section.
(C)(D) AN EMPLOYEE SHALL TAKE VACATION LEAVE DURING THE 650
YEAR IN WHICH IT ACCRUES AND IS AVAILABLE FOR USE THAT EQUALS NOT 652
LESS THAN THE AMOUNT OF VACATION LEAVE THAT THE EMPLOYEE ACCRUES 653
AND HAS AVAILABLE TO USE DURING THAT YEAR, EXCEPT THAT AN 655
APPOINTING AUTHORITY MAY PERMIT AN EMPLOYEE TO CARRY OVER
VACATION LEAVE TO THE FOLLOWING YEAR. AS USED IN THIS DIVISION, 656
"YEAR" MEANS THE TWELVE-MONTH PERIOD THAT COMMENCES ON AN 657
EMPLOYEE'S ANNIVERSARY DATE OF EMPLOYMENT. Employees shall 658
forfeit their right to take or to be paid for any vacation leave 660
to their credit which is in excess of the accrual for three 661
years. Such excess leave shall be eliminated from the employees' 662
leave balance.
(D)(E) Upon separation from state service an employee 664
shall be entitled to compensation at the employee's current rate 666
of pay for all lawfully accrued and unused vacation leave to the 667
17
employee's credit at the time of separation up to three years. 668
In case of transfer of an employee from one state agency to 669
another, or between a county and the state, the employee may 670
elect to be compensated at the employee's current rate of pay for 671
accrued and unused vacation leave at the time of transfer by the 672
releasing agency or to retain the accrued and unused vacation 673
leave. In case of death of an employee such unused vacation 674
leave shall be paid in accordance with section 2113.04 of the 675
Revised Code, or to the employee's estate. Notwithstanding
section 325.19 of the Revised Code, county human services 676
employees shall receive vacation benefits as provided in this 677
section. 678
(E) This section does not apply to employees who accrue 680
vacation leave under section 124.134 of the Revised Code. 681
Sec. 124.134. (A) Each full-time permanent state employee 690
paid in accordance with section 124.152 of the Revised Code and 691
those employees listed in divisions (B)(2) and (4) of section 692
124.14 of the Revised Code, after service of one year, shall have 693
earned and will be due upon the attainment of the first year of 694
employment, and annually thereafter, eighty hours of vacation 695
leave with full pay. One year of service shall be computed on 696
the basis of twenty-six biweekly pay periods. A full-time 697
permanent state employee with five or more years of service shall 698
have earned and is entitled to one hundred twenty hours of 699
vacation leave with full pay. A full-time permanent state 700
employee with ten or more years of service shall have earned and 701
is entitled to one hundred sixty hours of vacation leave with 702
full pay. A full-time permanent state employee with fifteen or 703
more years of service shall have earned and is entitled to one 704
hundred eighty hours of vacation leave with full pay. A 705
full-time permanent state employee with twenty or more years of 706
service shall have earned and is entitled to two hundred hours of 707
vacation leave with full pay. A full-time permanent state 708
employee with twenty-five or more years of service shall have 709
18
earned and is entitled to two hundred forty hours of vacation 710
leave with full pay. Such vacation leave shall accrue to the 711
employee at the rate of three and one-tenth hours each biweekly 712
period for those entitled to eighty hours per year; four and 713
six-tenths hours each biweekly period for those entitled to one 714
hundred twenty hours per year; six and two-tenths hours each 715
biweekly period for those entitled to one hundred sixty hours per 716
year; six and nine-tenths HOURS each biweekly period for those 717
entitled to one hundred eighty hours per year; seven and 718
seven-tenths hours each biweekly period for those entitled to two 719
hundred hours per year; and nine and two-tenths HOURS each 720
biweekly period for those entitled to two hundred forty hours per 721
year.
The amount of an employee's service shall be determined in 723
accordance with the standard specified in section 9.44 of the 724
Revised Code. Credit for prior service, including an increased 726
vacation accrual rate and longevity supplement, shall take effect
during the first pay period that begins immediately following the 727
date the director of administrative services approves granting 728
credit for that prior service. No employee, OTHER THAN AN 729
EMPLOYEE WHO SUBMITS PROOF OF PRIOR SERVICE WITHIN NINETY DAYS 730
AFTER THE DATE OF THE EMPLOYEE'S HIRING, shall receive any amount 731
of vacation leave for the period prior to the date of the 732
director's approval of the grant of credit for prior service. 733
Part-time permanent employees who are paid in accordance 736
with section 124.152 of the Revised Code and full-time permanent 737
employees subject to this section who are in active pay status 738
for less than eighty hours in a pay period shall earn vacation 739
leave on a prorated basis. The ratio between the hours worked 740
and the vacation hours earned by these classes of employees shall 741
be the same as the ratio between the hours worked and the 742
vacation hours earned by a full-time permanent employee with the 743
same amount of service as provided for in this section.
(B) Except as otherwise provided in this section, 745
19
employees EMPLOYEES granted leave under this section shall 747
forfeit their right to take or to be paid for any vacation leave 748
to their credit which is in excess of the accrual for three
years. Such excess leave shall be eliminated from the employees' 749
leave balance. If an employee's vacation leave credit is in 750
excess AT, OR WILL REACH IN THE IMMEDIATELY FOLLOWING PAY PERIOD, 751
THE MAXIMUM of the accrual for three years and the employee has 753
been denied the use of vacation leave during the immediately 754
preceding twelve months, the employee, at the employee's request, 755
shall be paid IN A PAY PERIOD for all or a portion of the 756
vacation leave the employee was denied, in the amount designated 759
by the employee UP TO THE MAXIMUM AMOUNT THE EMPLOYEE WOULD BE 761
ENTITLED TO BE PAID FOR IN ANY PAY PERIOD. AN EMPLOYEE IS NOT 762
ENTITLED TO RECEIVE PAYMENT FOR VACATION LEAVE DENIED IN ANY PAY
PERIOD IN WHICH THE EMPLOYEE'S VACATION LEAVE CREDIT IS NOT AT, 764
OR WILL NOT REACH IN THE IMMEDIATELY FOLLOWING PAY PERIOD, THE 765
MAXIMUM OF ACCRUAL FOR THREE YEARS. Any vacation leave for which 766
an employee receives payment shall be deducted from the 767
employee's vacation leave balance. Such payment shall not be 768
made for any leave accrued in the same calendar year in which the 770
payment is made.
(C) Upon separation from state service an employee granted 773
leave under this section is entitled to compensation at the 774
employee's current rate of pay for all unused vacation leave 776
accrued under this section or section 124.13 of the Revised Code 777
to the employee's credit. In case of transfer of an employee 779
from one state agency to another, the employee may elect to be 780
compensated at the employee's current rate of pay for accrued and 781
unused vacation leave at the time of transfer by the releasing 782
agency or to SHALL retain the accrued and unused vacation leave. 783
In case of death of an employee such unused vacation leave shall 785
be paid in accordance with section 2113.04 of the Revised Code, 786
or to the employee's estate. AN EMPLOYEE SERVING IN A TEMPORARY 787
WORK LEVEL OR AN INTERIM APPOINTMENT WHO IS ELIGIBLE TO RECEIVE 788
20
COMPENSATION UNDER THIS DIVISION SHALL BE COMPENSATED AT THE BASE 789
RATE OF PAY OF THE EMPLOYEE'S NORMAL CLASSIFICATION. 790
Sec. 124.14. (A) The director of administrative services 799
shall establish, and may modify or repeal, by rule, a job 800
classification plan for all positions, offices, and employments 801
the salaries of which are paid in whole or in part by the state. 802
The director shall group jobs within a classification so that the 803
positions are similar enough in duties and responsibilities to be 804
described by the same title, to have the same pay assigned with 805
equity, and to have the same qualifications for selection 806
applied. The director shall, by rule, assign a classification 807
title to each classification within the classification plan. 808
However, the director shall consider in establishing 809
classifications, including classifications with parenthetical 810
titles, and assigning pay ranges such factors as duties performed 811
only on one shift, special skills in short supply in the labor 812
market, recruitment problems, separation rates, comparative 813
salary rates, the amount of training required, and other 814
conditions affecting employment. The director shall describe the 815
duties and responsibilities of the class and establish the 816
qualifications for being employed in that position, and shall 817
file with the secretary of state a copy of specifications for all 818
of the classifications. The director shall file new, additional, 819
or revised specifications with the secretary of state before 820
being used. The director shall, by rule, assign each 821
classification, either on a statewide basis or in particular 822
counties or state institutions, to a pay range established under 823
section 124.15 or section 124.152 of the Revised Code. The 824
director may assign a classification to a pay range on a 825
temporary basis for a period of time designated in the rule. THE 826
DIRECTOR MAY ESTABLISH, BY RULE ADOPTED UNDER CHAPTER 119. OF THE 827
REVISED CODE, EXPERIMENTAL CLASSIFICATION PLANS FOR SOME OR ALL 828
EMPLOYEES PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE. THE 829
ADMINISTRATIVE RULE SHALL INCLUDE SPECIFICATIONS FOR EACH 830
21
CLASSIFICATION WITHIN THE PLAN AND SHALL SPECIFICALLY ADDRESS 831
COMPENSATION RANGES, AND METHODS FOR ADVANCING WITHIN THE RANGES,
FOR THE CLASSIFICATIONS, WHICH MAY BE ASSIGNED TO PAY RANGES 832
OTHER THAN THE PAY RANGES ESTABLISHED UNDER SECTION 124.15 OR 833
124.152 OF THE REVISED CODE.
The director may reassign to a proper classification those 835
positions that have been assigned to an improper classification. 836
If the compensation of an employee in such a reassigned position 837
exceeds the maximum rate of pay for the employee's new 838
classification, the employee shall be placed in pay step X and 839
shall not receive an increase in compensation until the maximum 840
rate of pay for that classification exceeds the employee's 841
compensation.
The director may reassign an exempt employee, as defined in 843
section 124.152 of the Revised Code, to a bargaining unit 844
classification if the director determines that the bargaining 846
unit classification is the proper classification for that
employee. Notwithstanding Chapter 4117. of the Revised Code or 847
instruments and contracts negotiated under it, such placements 848
are at the director's discretion. 849
The director shall, by rule, assign related 851
classifications, which form a career progression, to a 852
classification series. The director shall, by rule, assign each 853
classification in the classification plan a five-digit number, 854
the first four digits of which shall denote the classification 855
series to which the classification is assigned. When a career 856
progression encompasses more than ten classifications, the 857
director shall, by rule, identify the additional classifications 858
belonging to a classification series. Such additional 859
classifications shall be part of the classification series, 860
notwithstanding the fact that the first four digits of the number 861
assigned to the additional classifications do not correspond to 862
the first four digits of the numbers assigned to other 863
classifications in the classification series. 864
22
The director shall adopt rules in accordance with Chapter 866
119. of the Revised Code for the establishment of a 867
classification plan for county agencies that elect not to use the 868
services and facilities of a county personnel department. The 869
rules shall include a methodology for the establishment of titles 870
unique to county agencies, the use of state classification titles 871
and classification specifications for common positions, the 872
criteria for a county to meet in establishing its own 873
classification plan, and the establishment of what constitutes a 874
classification series for county agencies. 875
(B) Division (A) of this section and sections 124.15 and 877
124.152 of the Revised Code do not apply to the following 878
persons, positions, offices, and employments: 879
(1) Elected officials; 881
(2) Legislative employees, employees of the legislative 883
service commission, employees in the office of the governor, 884
employees who are in the unclassified civil service and exempt 885
from collective bargaining coverage in the office of the 886
secretary of state, auditor of state, treasurer of state, and 887
attorney general, and employees of the supreme court;
(3) Employees of a county children services board that 889
establishes compensation rates under section 5153.12 of the 890
Revised Code; 891
(4) Any position for which the authority to determine 893
compensation is given by law to another individual or entity; 894
(5) Employees of the bureau of workers' compensation whose 897
compensation the administrator of workers' compensation
establishes under division (B) of section 4121.121 of the Revised 898
Code. 899
(C) The director may employ a consulting agency to aid and 901
assist the director in carrying out this section. 902
(D) When the director proposes to modify a classification 904
or the assignment of classes to appropriate pay ranges, the 905
director shall send written notice of the proposed rule to the 906
23
appointing authorities of the affected employees thirty days 907
before the hearing on the proposed rule. The appointing 908
authorities shall notify the affected employees regarding the 909
proposed rule. The director shall also send such appointing 911
authorities notice of any final rule which is adopted within ten 912
days after adoption.
When the director proposes to reclassify any employee so 914
that the employee is adversely affected, the director shall give 915
to the employee affected and to the employee's appointing 917
authority a written notice setting forth the proposed new 918
classification, pay range, and salary. Upon the request of any 919
classified employee who is not serving in a probationary period, 920
the director shall perform a job audit to review the 921
classification of the employee's position to determine whether 922
the position is properly classified. The director shall give to 923
the employee affected and to the employee's appointing authority 925
a written notice of the director's determination whether or not 926
to reclassify the position or to reassign the employee to another 927
classification. An employee or appointing authority desiring a 928
hearing shall file a written request therefor with the state 929
personnel board of review within thirty days after receiving the 930
notice. The board shall set the matter for a hearing and notify 931
the employee and appointing authority of the time and place of 932
the hearing. The employee, appointing authority, or any 933
authorized representative of the employee who wishes to submit 934
facts for the consideration of the board shall be afforded 935
reasonable opportunity to do so. After the hearing, the board 936
shall consider anew the reclassification and may order the 937
reclassification of the employee and require the director to 938
assign the employee to such appropriate classification as the 940
facts and evidence warrant. As provided in division (A) of 941
section 124.03 of the Revised Code, the board may determine the 942
most appropriate classification for the position of any employee 943
coming before the board, with or without a job audit. The board 945
24
shall disallow any reclassification or reassignment 946
classification of any employee when it finds that changes have 947
been made in the duties and responsibilities of any particular 948
employee for political, religious, or other unjust reasons. 949
(E)(1) Employees of each county department of human 951
services shall be paid a salary or wage established by the board 953
of county commissioners. The provisions of section 124.18 of the 954
Revised Code concerning the standard work week apply to employees 955
of county departments of human services. A board of county 956
commissioners may do either of the following: 957
(a) Notwithstanding any other section of the Revised Code, 959
supplement the sick leave, vacation leave, personal leave, and 960
other benefits of any employee of the county department of human 961
services of that county, if the employee is eligible for the 962
supplement under a written policy providing for the supplement; 963
(b) Notwithstanding any other section of the Revised Code, 965
establish alternative schedules of sick leave, vacation leave, 966
personal leave, or other benefits for employees not inconsistent 967
with the provisions of a collective bargaining agreement covering 968
the affected employees. 969
(2) The provisions of division (E)(1) of this section do 971
not apply to employees for whom the state employment relations 972
board establishes appropriate bargaining units pursuant to 973
section 4117.06 of the Revised Code, except in either of the 974
following situations: 975
(a) The employees for whom the state employment relations 977
board establishes appropriate bargaining units elect no 978
representative in a board-conducted representation election. 979
(b) After the state employment relations board establishes 981
appropriate bargaining units for such employees, all employee 982
organizations withdraw from a representation election. 983
(3) Division (E)(1) of this section does not apply to 985
employees of a county department of human services subject to the 986
rules of a county personnel department. 987
25
(F) With respect to officers and employees of 989
state-supported colleges and universities except for the powers 990
and duties of the state personnel board of review, the powers, 991
duties, and functions of the department of administrative 992
services and the director of administrative services specified in 993
this chapter are hereby vested in and assigned to the personnel 994
departments of such colleges and universities subject to a 995
periodic audit and review by the director to guarantee the 996
uniform application of this granting of the director's powers, 998
duties, and functions. Upon the determination or finding of the 999
misuse or nonuniform application of this authority granted to the 1,000
personnel department of such state-supported colleges and 1,001
universities, the director shall order and direct the personnel 1,002
functions of such institution until sections 124.01 to 124.64 of 1,003
the Revised Code have been fully complied with. 1,004
(G)(1) Each board of county commissioners may, by a 1,006
resolution adopted by a majority of its members, establish a 1,007
county personnel department to exercise the powers, duties, and 1,008
functions specified in division (G) of this section. As used in 1,009
division (G) of this section, "county personnel department" means 1,010
a county personnel department established by a board of county 1,011
commissioners under division (G)(1) of this section. 1,012
(2) Each board of county commissioners may, by a 1,014
resolution adopted by a majority of its members, designate the 1,015
county personnel department of the county to exercise the powers, 1,016
duties, and functions of the department of administrative 1,017
services and the director of administrative services specified in 1,018
sections 124.01 to 124.64 and Chapter 325. of the Revised Code, 1,019
except for the powers and duties of the state personnel board of 1,020
review, which powers and duties shall not be construed as having 1,021
been modified or diminished in any manner by division (G)(2) of 1,022
this section, with respect to the employees for whom the board of 1,023
county commissioners is the appointing authority or co-appointing 1,024
authority. Upon certification of a copy of the resolution by the 1,025
26
board to the director, these powers, duties, and functions are 1,026
vested in and assigned to the county personnel department with 1,027
respect to the employees for whom the board of county 1,028
commissioners is the appointing authority or co-appointing 1,029
authority. The certification to the director shall be provided 1,030
not later than one hundred twenty days before the first day of 1,031
July of an odd-numbered year, and, following the certification, 1,032
the powers, duties, and functions specified in sections 124.01 to 1,033
124.64 and Chapter 325. of the Revised Code shall be vested in 1,034
and assigned to the county personnel department on that first day 1,035
of July. Nothing in division (G)(2) of this section shall be 1,036
construed to limit the right of any employee who possesses the 1,037
right of appeal to the state personnel board of review to 1,038
continue to possess that right of appeal. 1,039
Any board of county commissioners that has established a 1,041
county personnel department may contract with the department of 1,042
administrative services, another political subdivision, or an 1,043
appropriate public or private entity to provide competitive 1,044
testing services or other appropriate services. 1,045
(3) After the county personnel department of a county has 1,047
assumed the powers, duties, and functions of the department of 1,048
administrative services and the director as described in division 1,049
(G)(2) of this section, any elected official, board, agency, or 1,050
other appointing authority of that county may, upon notification 1,051
to the director, elect to use the services and facilities of the 1,052
county personnel department. Upon the acceptance by the director 1,053
of such notification, the county personnel department shall 1,054
exercise the powers, duties, and functions of the department of 1,055
administrative services and the director as described in division 1,056
(G)(2) of this section with respect to the employees of that 1,057
elected official, board, agency, or other appointing authority. 1,058
The notification to the director shall be provided not later than 1,059
one hundred twenty days before the first day of July of an 1,060
odd-numbered year, and, following the notification, the powers, 1,061
27
duties, and functions specified in sections 124.01 to 124.64 and 1,062
Chapter 325. of the Revised Code with respect to the employees of 1,063
that elected official, board, agency, or other appointing 1,064
authority shall be vested in and assigned to the county personnel 1,065
department on that first day of July. Except for those employees 1,066
under the jurisdiction of the county personnel department, the 1,067
director shall continue to exercise these powers, duties, and 1,068
functions with respect to employees of the county. 1,069
(4) Each board of county commissioners that has 1,071
established a county personnel department may, by a resolution 1,072
adopted by a majority of its members, disband the county 1,073
personnel department and return to the department of 1,074
administrative services for the administration of sections 124.01 1,075
to 124.64 and Chapter 325. of the Revised Code. The board shall, 1,076
not later than one hundred twenty days before the first day of 1,077
July of an odd-numbered year, send the director a certified copy 1,078
of the resolution disbanding the county personnel department. 1,079
All powers, duties, and functions previously vested in and 1,080
assigned to the county personnel department shall return to the 1,081
director on that first day of July. 1,082
(5) Any elected official, board, agency, or appointing 1,084
authority of a county may return to the department of 1,085
administrative services for the administration of sections 124.01 1,086
to 124.64 and Chapter 325. of the Revised Code. The elected 1,087
official, board, agency, or appointing authority shall, not later 1,088
than one hundred twenty days before the first day of July of an 1,089
odd-numbered year, send the director a certified copy of the 1,090
resolution that states its decision. All powers, duties, and 1,091
functions previously vested in and assigned to the county 1,092
personnel department with respect to the employees of that 1,093
elected official, board, agency, or appointing authority shall 1,094
return to the director on that first day of July. 1,095
(6) The director, by rule adopted in accordance with 1,097
Chapter 119. of the Revised Code, shall prescribe criteria and 1,098
28
procedures for granting to each county personnel department the 1,099
powers, duties, and functions of the department of administrative 1,100
services and the director as described in division (G)(2) of this 1,101
section with respect to the employees of an elected official, 1,102
board, agency, or other appointing authority or co-appointing 1,103
authority. The rules shall cover the following criteria and 1,104
procedures: 1,105
(a) The notification to the department of administrative 1,107
services that an elected official, board, agency, or other 1,108
appointing authority of a county has elected to use the services 1,109
and facilities of the county personnel department; 1,110
(b) A requirement that each county personnel department, 1,112
in carrying out its duties, adhere to merit system principles 1,113
with regard to employees of county departments of human services, 1,114
child support enforcement agencies, and public child welfare 1,115
agencies so that there is no threatened loss of federal funding 1,116
for these agencies, and a requirement that the county be 1,117
financially liable to the state for any loss of federal funds due 1,118
to the action or inaction of the county personnel department. 1,119
The costs associated with audits conducted to monitor compliance 1,120
with division (G)(6)(b) of this section shall be borne equally by 1,121
the department of administrative services and the county. 1,122
(c) The termination of services and facilities rendered by 1,124
the department of administrative services, to include rate 1,125
adjustments, time periods for termination, and other related 1,126
matters; 1,127
(d) Authorization for the director of administrative 1,129
services to conduct periodic audits and reviews of county 1,130
personnel departments to guarantee the uniform application of 1,131
this granting of his THE DIRECTOR'S powers, duties, and 1,132
functions. The costs of the audits and reviews shall be borne 1,134
equally by the department of administrative services and the 1,135
county for which the services were performed. 1,136
(e) The dissemination of audit findings under division 1,138
29
(G)(5)(d) of this section, any appeals process relating to 1,139
adverse findings by the department, and the methods whereby the 1,140
county personnel program will revert to the authority of the 1,141
director of administrative services due to misuse or nonuniform 1,142
application of the authority granted to the county under division 1,143
(G)(2) or (3) of this section. 1,144
(H) The director shall establish the rate and method of 1,146
compensation for all employees who are paid directly by warrant 1,147
of the auditor of state and who are serving in positions which 1,148
the director has determined impracticable to include in the state 1,149
job classification plan. This division does not apply to elected 1,150
officials, legislative employees, employees of the legislative 1,151
service commission, employees who are in the unclassified civil 1,152
service and exempt from collective bargaining coverage in the 1,153
office of the secretary of state, auditor of state, treasurer of 1,154
state, and attorney general, employees of the courts, employees 1,155
of the bureau of workers' compensation whose compensation the 1,156
administrator of workers' compensation establishes under division 1,157
(B) of section 4121.121 of the Revised Code, or employees of an 1,158
appointing authority authorized by law to fix the compensation of 1,159
those employees. 1,160
(I) The director shall set the rate of compensation and 1,162
employee benefits for all intermittent, interim, seasonal, 1,163
temporary, emergency, and casual employees who are not considered 1,164
public employees for the purposes of Chapter 4117. UNDER SECTION 1,165
4117.01 of the Revised Code. SUCH EMPLOYEES ARE NOT ENTITLED TO 1,167
RECEIVE EMPLOYEE BENEFITS. This rate of compensation and 1,168
employee benefits shall be equitable in terms of the rate of 1,170
employees serving in the same or similar classifications. This 1,171
division does not apply to elected officials, legislative 1,172
employees, employees of the legislative service commission, 1,173
employees who are in the unclassified civil service and exempt 1,174
from collective bargaining coverage in the office of the
secretary of state, auditor of state, treasurer of state, and 1,175
30
attorney general, employees of the courts, employees of the 1,176
bureau of workers' compensation whose compensation the 1,177
administrator establishes under division (B) of section 4121.121 1,178
of the Revised Code, or employees of an appointing authority 1,179
authorized by law to fix the compensation of those employees.
Sec. 124.15. (A) Board and commission members appointed 1,188
prior to July 1, 1991, shall be paid a salary or wage in 1,189
accordance with the following schedules of rates: 1,190
Schedule B 1,193
Pay Ranges and Step Values 1,193
Range Step 1 Step 2 Step 3 Step 4 1,196
23 Hourly 5.72 5.91 6.10 6.31 1,198
Annually 11897.60 12292.80 12688.00 13124.80 1,200
Step 5 Step 6 1,201
Hourly 6.52 6.75 1,203
Annually 13561.60 14040.00 1,205
Step 1 Step 2 Step 3 Step 4 1,208
24 Hourly 6.00 6.20 6.41 6.63 1,210
Annually 12480.00 12896.00 13332.80 13790.40 1,212
Step 5 Step 6 1,213
Hourly 6.87 7.10 1,215
Annually 14289.60 14768.00 1,217
Step 1 Step 2 Step 3 Step 4 1,220
25 Hourly 6.31 6.52 6.75 6.99 1,222
Annually 13124.80 13561.60 14040.00 14539.20 1,224
Step 5 Step 6 1,225
Hourly 7.23 7.41 1,227
Annually 15038.40 15412.80 1,229
Step 1 Step 2 Step 3 Step 4 1,232
26 Hourly 6.63 6.87 7.10 7.32 1,234
Annually 13790.40 14289.60 14768.00 15225.60 1,236
Step 5 Step 6 1,237
Hourly 7.53 7.77 1,239
Annually 15662.40 16161.60 1,241
31
Step 1 Step 2 Step 3 Step 4 1,244
27 Hourly 6.99 7.23 7.41 7.64 1,246
Annually 14534.20 15038.40 15412.80 15891.20 1,248
Step 5 Step 6 Step 7 1,250
Hourly 7.88 8.15 8.46 1,252
Annually 16390.40 16952.00 17596.80 1,254
Step 1 Step 2 Step 3 Step 4 1,256
28 Hourly 7.41 7.64 7.88 8.15 1,258
Annually 15412.80 15891.20 16390.40 16952.00 1,260
Step 5 Step 6 Step 7 1,262
Hourly 8.46 8.79 9.15 1,264
Annually 17596.80 18283.20 19032.00 1,266
Step 1 Step 2 Step 3 Step 4 1,268
29 Hourly 7.88 8.15 8.46 8.79 1,270
Annually 16390.40 16952.00 17596.80 18283.20 1,272
Step 5 Step 6 Step 7 1,274
Hourly 9.15 9.58 10.01 1,276
Annually 19032.00 19926.40 20820.80 1,278
Step 1 Step 2 Step 3 Step 4 1,280
30 Hourly 8.46 8.79 9.15 9.58 1,282
Annually 17596.80 18283.20 19032.00 19926.40 1,284
Step 5 Step 6 Step 7 1,286
Hourly 10.01 10.46 10.99 1,288
Annually 20820.80 21756.80 22859.20 1,290
Step 1 Step 2 Step 3 Step 4 1,292
31 Hourly 9.15 9.58 10.01 10.46 1,294
Annually 19032.00 19962.40 20820.80 21756.80 1,296
Step 5 Step 6 Step 7 1,298
Hourly 10.99 11.52 12.09 1,300
Annually 22859.20 23961.60 25147.20 1,302
Step 1 Step 2 Step 3 Step 4 1,304
32 Hourly 10.01 10.46 10.99 11.52 1,306
Annually 20820.80 21756.80 22859.20 23961.60 1,308
Step 5 Step 6 Step 7 Step 8 1,310
32
Hourly 12.09 12.68 13.29 13.94 1,312
Annually 25147.20 26374.40 27643.20 28995.20 1,314
Step 1 Step 2 Step 3 Step 4 1,316
33 Hourly 10.99 11.52 12.09 12.68 1,318
Annually 22859.20 23961.60 25147.20 26374.40 1,320
Step 5 Step 6 Step 7 Step 8 1,322
Hourly 13.29 13.94 14.63 15.35 1,324
Annually 27643.20 28995.20 30430.40 31928.00 1,326
Step 1 Step 2 Step 3 Step 4 1,328
34 Hourly 12.09 12.68 13.29 13.94 1,330
Annually 25147.20 26374.40 27643.20 28995.20 1,332
Step 5 Step 6 Step 7 Step 8 1,334
Hourly 14.63 15.35 16.11 16.91 1,336
Annually 30430.40 31928.00 33508.80 35172.80 1,338
Step 1 Step 2 Step 3 Step 4 1,340
35 Hourly 13.29 13.94 14.63 15.35 1,342
Annually 27643.20 28995.20 30430.40 31928.00 1,344
Step 5 Step 6 Step 7 Step 8 1,346
Hourly 16.11 16.91 17.73 18.62 1,348
Annually 33508.80 35172.80 36878.40 38729.60 1,350
Step 1 Step 2 Step 3 Step 4 1,352
36 Hourly 14.63 15.35 16.11 16.91 1,354
Annually 30430.40 31928.00 33508.80 35172.80 1,356
Step 5 Step 6 Step 7 Step 8 1,358
Hourly 17.73 18.62 19.54 20.51 1,360
Annually 36878.40 38729.60 40643.20 42660.80 1,362
Schedule C 1,365
Pay Range and Values 1,365
Range Minimum Maximum 1,367
41 Hourly 10.44 15.72 1,368
Annually 21715.20 32697.60 1,369
42 Hourly 11.51 17.35 1,370
Annually 23940.80 36088.00 1,371
43 Hourly 12.68 19.12 1,372
33
Annually 26374.40 39769.60 1,373
44 Hourly 13.99 20.87 1,374
Annually 29099.20 43409.60 1,375
45 Hourly 15.44 22.80 1,376
Annually 32115.20 47424.00 1,377
46 Hourly 17.01 24.90 1,378
Annually 35380.80 51792.00 1,379
47 Hourly 18.75 27.18 1,380
Annually 39000.00 56534.40 1,381
48 Hourly 20.67 29.69 1,382
Annually 42993.60 61755.20 1,383
49 Hourly 22.80 32.06 1,384
Annually 47424.00 66684.80 1,385
(B) The pay schedule of all employees shall be on a 1,388
biweekly basis, with amounts computed on an hourly basis. 1,389
(C) Part-time employees shall be compensated on an hourly 1,391
basis for time worked, at the rates shown in division (A) of this 1,392
section or in section 124.152 of the Revised Code. 1,393
(D) The salary and wage rates in division (A) of this 1,395
section or in section 124.152 of the Revised Code represent base 1,396
rates of compensation and may be augmented by the provisions of 1,397
section 124.181 of the Revised Code. In those cases where 1,398
lodging, meals, laundry, or other personal services are furnished 1,399
an employee, the actual costs or fair market value thereof shall 1,400
be paid by the employee in such amounts and manner as determined 1,401
by the director of administrative services and approved by the 1,402
director of budget and management, and such services shall not be 1,403
considered as a part of the employee's compensation. An 1,404
appointing authority, with the approval of the director of 1,405
administrative services and the director of budget and 1,406
management, may establish payments to employees for uniforms, 1,407
tools, equipment, and other requirements of the department and 1,408
payments for the maintenance thereof. 1,409
The director of administrative services may review 1,411
34
collective bargaining agreements entered into under Chapter 4117. 1,412
of the Revised Code that cover state employees and determine 1,413
whether certain benefits or payments provided to state employees 1,414
covered by those agreements should also be provided to "exempt 1,415
employees" as defined in EMPLOYEES WHO ARE EXEMPT FROM COLLECTIVE 1,416
BARGAINING COVERAGE AND ARE PAID IN ACCORDANCE WITH section 1,417
124.152 of the Revised Code OR ARE LISTED IN DIVISION (B)(2) OR 1,418
(4) OF SECTION 124.14 OF THE REVISED CODE. On completing the 1,420
review, the director of administrative services, with the 1,421
approval of the director of budget and management, may provide to 1,422
some or all exempt OF THESE employees any payment or benefit, 1,423
except for salary, contained in such a collective bargaining 1,424
agreement even if a IT IS similar TO A payment or benefit is 1,426
already provided by law to some or all of these exempt employees. 1,428
Any payment or benefit so provided shall not exceed the highest 1,429
level for that payment or benefit specified in such a collective 1,430
bargaining agreement. The director of administrative services 1,431
shall not provide, and the director of budget and management 1,432
shall not approve, any payment or benefit to SUCH an exempt 1,433
employee under this division unless the payment or benefit is 1,434
provided pursuant to a collective bargaining agreement to a state 1,435
employee who is in a position with similar duties as, IS 1,436
supervised by, or IS employed by the same appointing authority 1,437
as, the exempt employee to whom the benefit or payment is to be 1,439
provided.
As used in this division, a "payment or benefit ALREADY 1,441
provided by law means" INCLUDES, BUT IS NOT LIMITED TO, 1,443
bereavement, personal, vacation, administrative, and sick leave, 1,446
disability benefits, wages, holiday pay, and pay supplements 1,447
provided to exempt employees under the Revised Code, BUT DOES NOT 1,448
INCLUDE WAGES OR SALARY.
(E) New employees paid under schedule B of division (A) of 1,451
this section or under schedule E-1 of section 124.152 of the 1,452
Revised Code shall be employed at the minimum rate established 1,453
35
for the range unless otherwise provided. Employees with 1,454
qualifications that are beyond the minimum normally required for 1,455
the position and that are determined by the director to be
exceptional may be employed in, or may be transferred or promoted 1,456
to, a position at an advanced step of the range. Further, in 1,457
time of a serious labor market condition when it is relatively 1,458
impossible to recruit employees at the minimum rate for a 1,459
particular classification the entrance rate may be set at an 1,460
advanced step in the range by the director of administrative 1,461
services. This rate may be limited to geographical regions of 1,462
the state. Appointments made to an advanced step under the 1,463
provision regarding exceptional qualifications shall not affect 1,464
the step assignment of employees already serving. However, 1,465
anytime the hiring rate of an entire classification is advanced 1,466
to a higher step all incumbents of that classification being paid 1,467
at a step lower than that being used for hiring, shall be 1,468
advanced beginning at the start of the first pay period 1,469
thereafter to the new hiring rate and any time accrued at the 1,470
lower step will be used to calculate advancement to a succeeding 1,471
step. If the hiring rate of a classification is increased for 1,472
only a geographical region of the state, then only incumbents who 1,473
work in that geographical region shall be advanced to a higher 1,474
step. When an employee in the unclassified service changes from 1,475
one state position to another, or is appointed to a position in 1,476
the classified service, or if an employee in the classified 1,477
service is appointed to a position in the unclassified service, 1,478
the employee's salary or wage in the new position shall be 1,479
determined in the same manner as if the employee were an employee 1,480
in the classified service. When an employee in the unclassified 1,481
service who is not eligible for step increases is appointed to a 1,482
classification in the classified service under which step 1,483
increases are provided, future step increases shall be based on
the date on which the employee last received a pay increase. 1,484
Future step increases shall be effective on the pay period that 1,485
36
is twenty-six pay periods following the employee's last increase. 1,486
If the employee has not received an increase during the previous 1,487
year, the date of the appointment to the classified service shall 1,488
be used to determine the employee's annual step advancement date. 1,489
In reassigning any employee to a classification resulting in a 1,490
pay range increase or to a new pay range as a result of a 1,491
promotion, an increase pay range adjustment, or other 1,492
classification change resulting in a pay range increase, the 1,493
director shall assign such employee to the step in the new pay
range that will provide an increase of approximately four per 1,494
cent if the new pay range can accommodate the increase. When an 1,495
employee is being assigned to a classification or new pay range 1,496
as the result of a class plan change, if the employee has 1,498
completed a probationary period, the employee shall be placed in 1,500
a step no lower than step two of the new pay range. If the
employee has not completed a probationary period, the employee 1,501
may be placed in step one of the new pay range. Such new salary 1,502
or wage shall become effective on such date as the director 1,503
determines.
(F) If employment conditions and the urgency of the work 1,505
require such action, the director of administrative services may, 1,506
upon the application of a department head, authorize payment at 1,507
any rate established within the range for the class of work, for 1,508
work of a casual or intermittent nature or on a project basis. 1,509
Payment at such rates shall not be made to the same individual 1,510
for more than three calendar months in any one calendar year. 1,511
Any such action shall be subject to the approval of the director 1,512
of budget and management as to the availability of funds. This 1,513
section and sections 124.14 and 124.152 of the Revised Code do 1,514
not repeal any authority of any department or public official to 1,515
contract with or fix the compensation of professional persons who 1,516
may be employed temporarily for work of a casual nature or for 1,517
work on a project basis. 1,518
(G) Each state employee paid under schedule B of this 1,521
37
section or under schedule E-1 of section 124.152 of the Revised 1,522
Code shall be advanced to succeeding steps in the range for the 1,523
employee's class according to the schedule established in this
division. Beginning on the first day of the pay period within 1,524
which the employee completes the prescribed probationary period 1,525
in the employee's classification with the state, each employee 1,526
shall receive an automatic salary adjustment equivalent to the 1,527
next higher step within the pay range for the employee's class or 1,528
grade. The base rate of each employee paid under schedule B of 1,529
this section or under schedule E-1 of section 124.152 of the 1,530
Revised Code shall advance at annual intervals thereafter, if the 1,531
employee has maintained satisfactory performance, to the next 1,532
higher step until the maximum step is reached. When an employee 1,533
is promoted or reassigned to a higher pay range, the employee's 1,535
step indicator shall return to "0" or be adjusted to account for 1,536
a probationary period, as appropriate. Step advancement shall 1,538
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 1,539
pay period in which the required probationary period is 1,540
completed. Step advancement shall become effective at the 1,541
beginning of the pay period within which the employee attains the 1,542
necessary length of service. Time spent on authorized leave of 1,543
absence shall be counted for this purpose. 1,544
If determined to be in the best interest of the state 1,546
service, the director of administrative services may, either 1,547
statewide or in selected agencies, adjust the dates on which 1,548
annual step increases are received by employees paid under
schedule E-1 of section 124.152 of the Revised Code. 1,549
(H) Employees in appointive managerial or professional 1,551
positions paid under salary schedule C of this section or under 1,552
salary schedule E-2 of section 124.152 of the Revised Code may be 1,553
appointed at any rate within the appropriate pay range. This 1,554
rate of pay may be adjusted higher or lower within the respective 1,555
pay range at any time the appointing authority so desires as long 1,556
38
as the adjustment is based on the employee's ability to 1,557
successfully administer those duties assigned to the employee. 1,558
Salary adjustments shall not be made more frequently than once in 1,559
any six-month period under this provision to incumbents holding 1,560
the same position and classification. 1,561
(I) When an employee is assigned to duty outside this 1,563
state, the employee may be compensated, upon request of the 1,564
department head and with the approval of the director of 1,565
administrative services at a rate not to exceed fifty per cent in 1,566
excess of the employee's current base rate for the period of time 1,567
spent on such duty.
(J) Unless compensation for members of a board or 1,569
commission is otherwise specifically provided by law, the 1,570
director of administrative services shall establish the rate and 1,571
method of payment for members of boards and commissions pursuant 1,572
to the pay schedules listed in section 124.152 of the Revised 1,573
Code. 1,574
(K) Regular full-time employees in positions assigned to 1,576
classes within the instruction and education administration 1,577
series under the rules of the director of administrative 1,578
services, except certificated employees on the instructional 1,579
staff of the state school for the blind or the state school for 1,580
the deaf, whose positions are scheduled to work on the basis of 1,581
an academic year rather than a full calendar year, shall be paid 1,582
according to the pay range assigned by such rules but only during 1,583
those pay periods included in the academic year of the school 1,584
where the employee is located. 1,585
(1) Part-time or substitute teachers or those whose period 1,587
of employment is other than the full academic year shall be 1,588
compensated for the actual time worked at the rate established by 1,589
this section. 1,590
(2) Employees governed by this division are exempt from 1,592
sections 124.13 and 124.19 of the Revised Code. 1,593
(3) Length of service for the purpose of determining 1,595
39
eligibility for step increases as provided by division (G) of 1,596
this section and for the purpose of determining eligibility for 1,597
longevity pay supplements as provided by division (F) of section 1,598
124.181 of the Revised Code shall be computed on the basis of one 1,599
full year of service for the completion of each academic year. 1,600
(L) The superintendent of the state school for the deaf 1,602
and the superintendent of the state school for the blind shall, 1,603
subject to the approval of the superintendent of public 1,604
instruction, carry out both of the following: 1,605
(1) Annually, between the first day of April and the last 1,607
day of June, establish for the ensuing fiscal year a schedule of 1,608
hourly rates for the compensation of each certificated employee 1,609
on the instructional staff of that superintendent's respective 1,610
school constructed as follows: 1,611
(a) Determine for each level of training, experience, and 1,613
other professional qualification for which an hourly rate is set 1,614
forth in the current schedule, the per cent that rate is of the 1,615
rate set forth in such schedule for a teacher with a bachelor's 1,616
degree and no experience. If there is more than one such rate 1,617
for such a teacher, the lowest rate shall be used to make the 1,618
computation. 1,619
(b) Determine which six city, local, and exempted village 1,621
school districts with territory in Franklin county have in effect 1,622
on, or have adopted by, the first day of April for the school 1,623
year that begins on the ensuing first day of July, teacher salary 1,624
schedules with the highest minimum salaries for a teacher with a 1,625
bachelor's degree and no experience; 1,626
(c) Divide the sum of such six highest minimum salaries by 1,628
ten thousand five hundred sixty; 1,629
(d) Multiply each per cent determined in division 1,631
(L)(1)(a) of this section by the quotient obtained in division 1,632
(L)(1)(c) of this section; 1,633
(e) One hundred five per cent of each product thus 1,635
obtained shall be the hourly rate for the corresponding level of 1,636
40
training, experience, or other professional qualification in the 1,637
schedule for the ensuing fiscal year. 1,638
(2) Annually, assign each certificated employee on the 1,640
instructional staff of the superintendent's respective school to 1,642
an hourly rate on the schedule that is commensurate with the
employee's training, experience, and other professional 1,643
qualifications.
If an employee is employed on the basis of an academic 1,645
year, the employee's annual salary shall be calculated by 1,646
multiplying the employee's assigned hourly rate times one 1,647
thousand seven hundred sixty. If an employee is not employed on 1,648
the basis of an academic year, the employee's annual salary shall 1,649
be calculated in accordance with the following formula: 1,650
(a) Multiply the number of days the employee is required 1,652
to work pursuant to the employee's contract by eight; 1,653
(b) Multiply the product of division (L)(2)(a) of this 1,655
section by the employee's assigned hourly rate. 1,656
Each employee shall be paid an annual salary in biweekly 1,658
installments. The amount of each installment shall be calculated 1,659
by dividing the employee's annual salary by the number of 1,660
biweekly installments to be paid during the year. 1,661
Sections 124.13 and 124.19 of the Revised Code do not apply 1,663
to an employee who is paid under this division. 1,664
As used in this division, "academic year" means the number 1,666
of days in each school year that the schools are required to be 1,667
open for instruction with pupils in attendance. Upon completing 1,668
an academic year, an employee paid under this division shall be 1,669
deemed to have completed one year of service. An employee paid 1,670
under this division is eligible to receive a pay supplement under 1,671
division (L)(1), (2), or (3) of section 124.181 of the Revised 1,672
Code for which the employee qualifies, but is not eligible to 1,673
receive a pay supplement under division (L)(4) or (5) of such 1,674
section. An employee paid under this division is eligible to 1,675
receive a pay supplement under division (L)(6) of section 124.181 1,676
41
of the Revised Code for which the employee qualifies, except that 1,677
the supplement is not limited to a maximum of five per cent of 1,678
the employee's regular base salary in a calendar year. 1,679
(M) Division (A) of this section does not apply to "exempt 1,681
employees" as defined in section 124.152 of the Revised Code who 1,682
are paid under that section. 1,683
Notwithstanding any other provisions of this chapter, when 1,685
an employee transfers between bargaining units or transfers out 1,686
of or into a bargaining unit, the director shall establish the 1,687
employee's compensation and adjust the maximum leave accrual 1,688
schedule as the director deems equitable. 1,689
Sec. 124.18. (A) Forty hours shall be the standard work 1,699
week for all employees whose salary or wage is paid in whole or 1,700
in part by the state or by any state-supported college or 1,701
university. When any employee whose salary or wage is paid in 1,702
whole or in part by the state or by any state-supported college 1,703
or university is required by an authorized administrative 1,704
authority to be in an active pay status more than forty hours in 1,705
any calendar week, the employee shall be compensated for such 1,706
time over forty hours, except as otherwise provided in this 1,708
section, at one and one-half times the employee's regular rate of 1,709
pay. The use of sick leave shall not be considered to be active 1,710
pay status for the purposes of earning overtime or compensatory 1,711
time by employees whose wages are paid directly by warrant of the 1,712
auditor of state. A flexible hours employee is not entitled to 1,713
compensation for overtime work unless the employee's authorized 1,714
administrative authority required the employee to be in active 1,716
pay status for more than forty hours in a calendar week,
regardless of the number of hours the employee works on any day 1,718
in the same calendar week.
The authorized administrative authority shall be designated 1,720
by the appointing authority to the director of administrative 1,721
services. Such compensation for overtime work shall be paid no 1,722
later than at the conclusion of the next succeeding pay period. 1,723
42
If the employee elects to take compensatory time off in 1,725
lieu of overtime pay, for any overtime worked, such compensatory 1,726
time shall be granted by the employee's administrative superior, 1,728
on a time and one-half basis, at a time mutually convenient to 1,729
the employee and the administrative superior. An employee may 1,730
accrue compensatory time to a maximum of two hundred forty hours, 1,731
except that public safety employees and other employees who meet 1,732
the criteria established in the "Federal Fair Labor Standards Act 1,733
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may 1,734
accrue a maximum of four hundred eighty hours of compensatory 1,735
time. An employee shall be paid at the employee's regular rate 1,737
of pay for any hours of compensatory time accrued in excess of 1,738
these maximum amounts if the employee has not used the 1,739
compensatory time within one hundred eighty days after it is 1,740
granted, if the employee transfers to another agency of the 1,741
state, or if a change in the employee's status exempts the 1,742
employee from the payment of overtime compensation. Upon the 1,744
termination of employment, any employee with accrued but unused 1,745
compensatory time shall be paid for that time at a rate that is 1,746
the greater of the employee's final regular rate of pay or the 1,747
employee's average regular rate of pay during the employee's last 1,748
three years of employment with the state. 1,749
No overtime, as described in this section, can be paid 1,751
unless it has been authorized by the authorized administrative 1,752
authority. Employees may be exempted from the payment of 1,753
compensation as required by this section only under the criteria 1,754
for exemption from the payment of overtime compensation 1,755
established in the "Federal Fair Labor Standards Act of 1938," 52 1,756
Stat. 1060, 29 U.S.C.A. 207, 213, as amended. With the approval 1,757
of the director of administrative services, the appointing 1,758
authority may establish a policy to grant compensatory time or to 1,759
pay compensation to state employees who are exempt from overtime 1,760
compensation. With the approval of the board of county 1,761
commissioners, a county human services department may establish a 1,762
43
policy to grant compensatory time or to pay compensation to 1,763
employees of the department who are exempt from overtime 1,764
compensation.
(B) An employee, whose salary or wage is paid in whole or 1,766
in part by the state, shall be paid for the holidays declared in 1,767
section 124.19 of the Revised Code and shall not be required to 1,768
work on such holidays, unless in the opinion of the employee's 1,769
responsible administrative authority failure to work on such 1,770
holidays would impair the public service. An employee shall not 1,771
be paid for a holiday unless the employee was in active pay 1,772
status on the scheduled work day immediately preceding the 1,774
holiday. In the event that any of the holidays declared in 1,775
section 124.19 of the Revised Code should fall on Saturday, the 1,776
Friday immediately preceding shall be observed as the holiday. 1,777
In the event that any of the holidays declared in section 124.19 1,778
of the Revised Code should fall on Sunday, the Monday immediately 1,779
succeeding shall be observed as the holiday. If an employee's 1,780
work schedule is other than Monday through Friday, the employee 1,781
shall be entitled to holiday pay for holidays observed on the 1,783
employee's day off regardless of the day of the week on which 1,785
they are observed. A full-time permanent employee is entitled to 1,786
eight hours of pay for each holiday regardless of the employee's 1,787
work shift and work schedule. A flexible hours employee is 1,788
entitled to holiday pay for the number of hours for which the 1,789
employee normally would have been scheduled to work. Part-time 1,790
permanent employees shall be paid holiday pay for that portion of 1,791
any holiday for which they would normally have been scheduled to 1,792
work. When an employee who is eligible for overtime pay under 1,793
this section is required by the employee's responsible 1,794
administrative authority to work on the day observed as a 1,796
holiday, the employee shall be entitled to pay for such time 1,798
worked at one and one-half times the employee's regular rate of 1,799
pay in addition to the employee's regular pay, or to be granted 1,801
compensatory time off at time and one-half thereafter, at the 1,802
44
employee's option. Payment at such rate shall be excluded in the 1,803
calculation of hours in active pay status.
(C) Each appointing authority may designate the number of 1,805
employees in an agency who are flexible hours employees. The 1,806
appointing authority may establish for each flexible hours 1,807
employee a specified minimum number of hours to be worked each 1,808
day that is consistent with the "Federal Fair Labor Standards Act 1,809
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. 1,810
(D) This section shall be uniformly administered for 1,812
employees as defined in section 124.01 of the Revised Code and by 1,813
the personnel departments of state-supported colleges and 1,814
universities for employees of state-supported colleges and 1,815
universities. If employees are not paid directly by warrant of 1,816
the auditor of state, the political subdivision shall determine 1,818
whether the use of sick leave shall be considered to be active
pay status for purposes of those employees earning overtime or 1,819
compensatory time. 1,820
(E) Policies relating to the payment of overtime pay or 1,822
the granting of compensatory time off shall be adopted by the 1,823
executive secretary of the house of representatives for employees 1,824
of the house of representatives, by the clerk of the senate for 1,825
employees of the senate, and by the director of the legislative 1,826
service commission for all other legislative employees. 1,827
(F) As used in this section, "regular rate of pay" means 1,829
the base rate of pay an employee receives plus any pay 1,830
supplements received pursuant to section 124.181 of the Revised 1,831
Code.
Sec. 124.181. (A) Except as provided in division (M) of 1,840
this section, any employee paid under schedule B of section 1,842
124.15 or under schedule E-1 of section 124.152 of the Revised 1,843
Code is eligible for the pay supplements provided herein upon 1,844
application by the appointing authority substantiating the
employee's qualifications for the supplement and with the 1,845
approval of the director of administrative services except as 1,846
45
provided in division (E) of this section. 1,847
(B) In computing any of the pay supplements provided in 1,849
this section the classification salary base shall be the minimum 1,850
hourly rate of the pay range, provided in section 124.15 or 1,851
124.152 of the Revised Code, in which the employee is assigned at 1,852
the time of computation. 1,853
(C) The effective date of any pay supplement, unless 1,855
otherwise provided herein, shall be determined by the director. 1,856
(D) The director shall, by rule, establish standards 1,858
regarding the administration of this section. 1,859
(E) Except as otherwise provided in this division, 1,861
beginning on the first day of the pay period within which the 1,862
employee completes five years of total service with the state 1,863
government or any of its political subdivisions, each employee in 1,864
positions paid under salary schedule B of section 124.15 or under 1,867
salary schedule E-1 of section 124.152 of the Revised Code shall 1,868
receive an automatic salary adjustment equivalent to two and 1,869
one-half per cent of the classification salary base, to the 1,870
nearest whole cent. Each employee shall receive thereafter an 1,871
annual adjustment equivalent to one-half of one per cent of the 1,872
employee's classification salary base, to the nearest whole cent, 1,873
for each additional year of qualified employment until a maximum 1,874
of ten per cent of the employee's classification salary base is 1,875
reached. The granting of longevity adjustments shall not be 1,876
affected by promotion, demotion, or other changes in 1,877
classification held by the employee, nor by any change in pay 1,878
range for the employee's class. Longevity pay adjustments shall 1,880
become effective at the beginning of the pay period within which 1,881
the employee completes the necessary length of service, except 1,883
that when an employee requests credit for prior service, the 1,884
effective date of the prior service credit and of any longevity 1,885
adjustment shall be the first day of the pay period following 1,886
approval of the credit by the director of administrative 1,887
services. No employee, other than an employee who submits proof 1,888
46
of prior service within ninety days after the date of the 1,889
employee's hiring, shall receive any longevity adjustment for the
period prior to the director's approval of a prior service 1,890
credit. Time spent on authorized leave of absence shall be 1,891
counted for this purpose. 1,892
An employee who has retired in accordance with the 1,894
provisions of any retirement system offered by the state and who 1,895
is employed by the state or any political subdivision of the 1,896
state on or after June 24, 1987, shall not have prior service 1,897
with the state or any political subdivision of the state counted 1,898
for the purpose of determining the amount of the salary 1,899
adjustment provided under this division. 1,900
(F) When an exceptional condition exists that creates a 1,902
temporary or a permanent hazard for one or more positions in a 1,903
class paid under schedule B of section 124.15 or under salary 1,905
schedule E-1 of section 124.152 of the Revised Code, a special 1,907
hazard salary adjustment may be granted for the time the employee 1,908
is subjected to the hazardous condition. All special hazard 1,909
conditions shall be identified for each position and incidence 1,910
from information submitted to the director on an appropriate form 1,911
provided by the director and categorized into standard conditions 1,912
of: some unusual hazard not common to the class; considerable 1,913
unusual hazard not common to the class; and exceptional hazard 1,914
not common to the class.
(1) A hazardous salary adjustment of five per cent of the 1,916
employee's classification salary base may be applied in the case 1,917
of some unusual hazardous condition not common to the class for 1,918
those hours worked, or a fraction thereof, while the employee was 1,919
subject to the unusual hazard condition. 1,920
(2) A hazardous salary adjustment of seven and one-half 1,922
per cent of the employee's classification salary base may be 1,923
applied in the case of some considerable hazardous condition not 1,924
common to the class for those hours worked, or a fraction 1,925
thereof, while the employee was subject to the considerable 1,926
47
hazard condition. 1,927
(3) A hazardous salary adjustment of ten per cent of the 1,929
employee's classification salary base may be applied in the case 1,930
of some exceptional hazardous condition not common to the class 1,931
for those hours, or a fraction thereof, when the employee was 1,932
subject to the exceptional hazard condition. 1,933
(4) Each claim for temporary hazard pay shall be submitted 1,935
as a separate payment and shall be subject to an administrative 1,936
audit by the director as to the extent and duration of the 1,937
employee's exposure to the hazardous condition. 1,938
(G) When a full-time employee whose rate of pay for a 1,940
normal biweekly pay period is less than a rate equivalent to pay 1,942
range 29, step 2, salary schedule B, or pay range 9, salary 1,943
schedule E-1 of section 124.152 of the Revised Code SALARY OR 1,944
WAGE IS PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE AND WHO 1,945
ALSO IS ELIGIBLE FOR OVERTIME UNDER THE "FAIR LABOR STANDARDS ACT 1,947
OF 1938," 52 STAT. 1060, 29 U.S.C.A. 207, 213, AS AMENDED, is 1,948
ordered by the appointing authority to report back to work after 1,949
termination of the employee's regular work schedule and the 1,950
employee reports, the employee shall be paid for such time. The 1,952
minimum the employee shall receive for reporting is an amount 1,953
equal to four times the employee's hourly base salary BE ENTITLED 1,954
TO FOUR HOURS AT THE EMPLOYEE'S TOTAL RATE OF PAY OR OVERTIME 1,955
COMPENSATION FOR THE ACTUAL HOURS WORKED, WHICHEVER IS GREATER. 1,956
This division does not apply to work that is a continuation of or 1,958
immediately preceding an employee's regular work schedule. An 1,959
appointing authority may apply to the director to pay the 1,960
supplement provided by this division to employees who are at a 1,961
higher pay range than those established by this division. 1,962
(H) When a certain position or positions paid under 1,964
schedule B of section 124.15 or under salary schedule E-1 of 1,966
section 124.152 of the Revised Code require the ability to speak 1,967
or write a language other than English a special pay supplement 1,968
may be granted to attract bilingual individuals, to encourage 1,969
48
present employees to become proficient in other languages or to 1,970
retain qualified bilingual employees. The bilingual pay 1,971
supplement provided herein may be granted in the amount of five 1,972
per cent of the employee's classification salary base for each 1,973
required foreign language and shall remain in effect as long as 1,974
the bilingual requirement exists. 1,975
(I) The director may establish a shift differential for 1,977
employees. Such differential shall be paid to employees in 1,978
positions working in other than the regular or first shift. In 1,979
those divisions or agencies where only one shift prevails, no 1,980
shift differential shall be paid regardless of the hours of the 1,981
day that are worked. The director and the appointing authority 1,982
shall designate which positions shall be covered by this section. 1,983
(J) Whenever an employee is assigned to work in a higher 1,985
level position for a continuous period of more than two weeks but 1,986
no more than two years because of a vacancy, the employee's pay 1,988
may be established at a rate that is approximately four per cent 1,989
above the employee's current base rate for the period the
employee occupies the position provided that this temporary 1,990
occupancy is approved by the director. Employees paid under this 1,992
provision shall continue to receive any of the pay supplements 1,993
due them under provisions of this section based on the step one 1,994
base rate for their normal classification. 1,995
(K) If a certain position, or positions, within a class 1,997
paid under schedule B of section 124.15 or under salary schedule 1,999
E-1 of section 124.152 of the Revised Code are mandated by state 2,000
or federal law or regulation or other regulatory agency or other 2,001
certification authority to have special technical certification, 2,002
registration, or licensing to perform the functions which are 2,003
under the mandate a special professional achievement pay 2,004
supplement may be granted. This special professional achievement 2,005
pay supplement shall not be granted when all incumbents in all 2,006
positions in a class require license as provided in the 2,007
classification description published by the department of 2,008
49
administrative services; to licensees where no special or 2,009
extensive training is required; when certification is granted 2,010
upon completion of a stipulated term of in-service training; when 2,011
an appointing authority has required certification; or any other 2,012
condition prescribed by the director.
(1) Before this supplement may be applied, evidence as to 2,014
the requirement must be provided by the agency for each position 2,015
involved and certification received from the director as to the 2,016
director's concurrence for each of the positions so affected. 2,017
(2) The professional achievement pay supplement provided 2,019
herein shall be granted in an amount up to ten per cent of the 2,020
employee's classification salary base and shall remain in effect 2,021
as long as the mandate exists. 2,022
(L) Those employees assigned to teaching supervisory, 2,024
principal, assistant principal, or superintendent positions who 2,025
have attained a higher educational level than a basic bachelor's 2,026
degree may receive an educational pay supplement to remain in 2,027
effect as long as the employee's assignment and classification 2,028
remain the same. 2,029
(1) An educational pay supplement of two and one-half per 2,031
cent of the employee's classification salary base may be applied 2,032
upon the achievement of a bachelor's degree plus twenty quarter 2,033
hours of postgraduate work. 2,034
(2) An educational pay supplement of an additional five 2,036
per cent of the employee's classification salary base may be 2,037
applied upon achievement of a master's degree. 2,038
(3) An educational pay supplement of an additional two and 2,040
one-half per cent of the employee's classification salary base 2,041
may be applied upon achievement of a master's degree plus thirty 2,042
quarter hours of postgraduate work. 2,043
(4) An educational pay supplement of five per cent of the 2,045
employee's classification salary base may be applied when the 2,046
employee is performing as a master teacher. 2,047
(5) An educational pay supplement of five per cent of the 2,049
50
employee's classification salary base may be applied when the 2,050
employee is performing as a special education teacher. 2,051
(6) Those employees in teaching supervisory, principal, 2,053
assistant principal, or superintendent positions who are 2,054
responsible for specific extracurricular activity programs shall 2,055
receive overtime pay for those hours worked in excess of their 2,056
normal schedule, at their straight time hourly rate up to a 2,057
maximum of five per cent of their regular base salary in any 2,058
calendar year. 2,059
(M) A state agency, board, or commission may establish a 2,061
supplementary compensation schedule for those licensed physicians 2,062
employed by the agency, board, or commission in positions 2,063
requiring a licensed physician. The supplementary compensation 2,064
schedule, together with the compensation otherwise authorized by 2,065
this chapter, shall provide for the total compensation for these 2,066
employees to range appropriately, but not necessarily uniformly, 2,067
for each classification title requiring a licensed physician, in 2,068
accordance with a schedule approved by the state controlling 2,069
board. The individual salary levels recommended for each such 2,070
physician employed shall be approved by the director. 2,071
Notwithstanding section 124.11 of the Revised Code, such 2,072
personnel are in the unclassified civil service. 2,073
(N) Notwithstanding sections 117.28, 117.30, 117.33, 2,075
117.36, 117.42, and 131.02 of the Revised Code, the state shall 2,076
not institute any civil action to recover and shall not seek 2,077
reimbursement for overpayments made in violation of division (E) 2,078
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 2,079
October 31, 1993. 2,080
(O) Employees of the office of the treasurer of state who 2,082
are exempt from collective bargaining coverage may be granted a 2,083
merit pay supplement of up to one and one-half per cent of their 2,084
step rate. The rate at which this supplement is granted shall be 2,085
based on performance standards established by the treasurer of 2,086
51
state. Any supplements granted under this division shall be 2,087
administered on an annual basis.
Sec. 124.20. The director of administrative services, with 2,096
the approval of the state personnel board of review, shall adopt 2,097
rules:
(A) For the classification of officers, positions, and 2,099
employments, in the civil service of the state and the several 2,100
counties thereof; 2,101
(B) For appointment, promotions, transfers, layoffs, 2,103
suspensions, reductions, reinstatements, and removals therein and 2,104
examinations and registrations. EXCEPT AS OTHERWISE PROVIDED IN 2,105
THIS DIVISION, APPOINTING AUTHORITIES SHALL SUBMIT PERSONNEL 2,106
ACTION INFORMATION TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES 2,107
AS THE DIRECTOR REQUIRES. County boards of mental retardation 2,109
and developmental disabilities shall be required to submit 2,110
personnel action forms to the department of administrative
services only when an employee is hired by a board, when a 2,111
disciplinary action appealable pursuant to this chapter is taken 2,112
by a board, or when the board terminates the employment of an 2,113
employee for any reason. Any submittals required by this section 2,114
shall be made to the county personnel department with 2,115
jurisdiction in the matter, if one has been established. 2,116
(C) For maintaining and keeping records of the efficiency 2,118
of officers and employees in accordance with sections 124.01 to 2,119
124.64 of the Revised Code. 2,120
Due notice of the contents of such rules and of all changes 2,122
therein shall be given to appointing authorities affected by such 2,123
rules, and such rules shall also be printed for public 2,124
distribution. 2,125
Sec. 124.25. The director of administrative services shall 2,134
require persons applying for an examination for original 2,135
appointment to file with the director, within reasonable time 2,136
prior to the examination, a formal application, in which the 2,137
applicant shall state the applicant's name, address, and such 2,139
52
other information as may reasonably be required concerning the 2,140
applicant's education and experience. No inquiry shall be made 2,142
as to religious or political affiliations nor OR as to racial or 2,144
ethnic origin of the applicant, EXCEPT AS NECESSARY TO GATHER
EQUAL EMPLOYMENT OPPORTUNITY OR OTHER STATISTICS THAT, WHEN 2,145
COMPILED, WILL NOT IDENTIFY ANY SPECIFIC INDIVIDUAL. 2,146
Blank forms for applications shall be furnished by the 2,148
director without charge to any person requesting the same. The 2,149
director may require in connection with such application such 2,150
certificate of persons having knowledge of the applicant as the 2,151
good of the service demands. The director may refuse to appoint 2,152
or examine an applicant, or, after an examination, refuse to 2,153
certify the applicant as eligible, who is found to lack any of 2,154
the established preliminary requirements for the examination, who 2,155
is addicted to the habitual use of intoxicating liquors or drugs 2,156
to excess, who has a pattern of poor work habits and performance 2,157
with previous employers, who has been convicted of a felony, who 2,158
has been guilty of infamous or notoriously disgraceful conduct, 2,159
who has been dismissed from either branch of the civil service 2,160
for delinquency or misconduct, or who has made false statements 2,161
of any material fact, or practiced, or attempted to practice, any 2,162
deception or fraud in the application or examination, in 2,164
establishing eligibility, or securing an appointment.
Sec. 124.27. The head of a department, office, or 2,173
institution, in which a position in the classified service is to 2,174
be filled, shall notify the director of administrative services 2,175
of the fact, and the director shall, except as otherwise provided 2,176
in this section and sections 124.30 and 124.31 of the Revised 2,177
Code, certify to the appointing authority the names and addresses 2,178
of the ten candidates standing highest on the eligible list for 2,180
the class or grade to which the position belongs; provided that 2,181
the director may certify less than ten names if ten names are not 2,182
available. When less than six TEN names are certified to an 2,183
appointing authority, appointment from that list shall not be 2,184
53
mandatory. When a position in the classified service in the 2,185
department of mental health or the department of mental 2,186
retardation and developmental disabilities is to be filled, the 2,187
director of administrative services shall make such certification 2,188
to the appointing authority within seven working days of the date 2,189
the eligible list is requested. 2,190
The appointing authority shall notify the director of such 2,192
position to be filled, and the appointing authority shall fill 2,194
such position by appointment of one of the ten persons certified
by the director. If more than one position is to be filled, the 2,195
director of administrative services may certify a group of names 2,196
from the eligible list and the appointing authority shall appoint 2,197
in the following manner: Beginning at the top of the list, each 2,198
time a selection is made it must be from one of the first ten 2,200
candidates remaining on the list who is willing to accept
consideration for the position. If an eligible list becomes 2,201
exhausted, and until a new list can be created, or when no 2,202
eligible list for such position exists, names may be certified 2,203
from eligible lists most appropriate for the group or class in 2,204
which the position to be filled is classified. A person 2,205
certified from an eligible list more than three times to the same 2,206
appointing authority for the same or similar positions, may be 2,207
omitted from future certification to such appointing authority, 2,208
provided that certification for a temporary appointment shall not 2,209
be counted as one of such certifications. Every soldier, sailor, 2,210
marine, coast guardsman, member of the auxiliary corps as 2,211
established by congress, member of the army nurse corps, or navy 2,212
nurse corps, or red cross nurse who has served in the army, navy, 2,213
or hospital service of the United States, and such other military 2,214
service as is designated by congress in the war with Spain, 2,215
including the Philippine insurrection and the Chinese relief 2,216
expedition, or from April 21, 1898, to July 4, 1902, World War I, 2,217
World War II, or during the period beginning May 1, 1949, and 2,218
lasting so long as the armed forces of the United States are 2,219
54
engaged in armed conflict or occupation duty, or the selective 2,220
service or similar conscriptive acts are in effect in the United 2,221
States, whichever is the later date, who has been honorably 2,222
discharged or separated under honorable conditions therefrom, and 2,223
is a resident of Ohio, and whose name is on the eligible list for 2,224
a position, shall be entitled to preference in original 2,225
appointments to any such competitive position in the civil 2,226
service of the state and the civil divisions thereof, over all 2,227
persons eligible for such appointments and standing on the list 2,228
therefor, with a rating equal to that of each such person. 2,229
Appointments to all positions in the classified service, that are 2,230
not filled by promotion, transfer, or reduction, as provided in 2,231
sections 124.01 to 124.64 of the Revised Code, and the rules of 2,232
the director prescribed under such sections, shall be made only 2,233
from those persons whose names are certified to the appointing 2,234
authority, and no employment, except as provided in such 2,235
sections, shall be otherwise given in the classified service of 2,236
this state or any political subdivision thereof. 2,237
All original and promotional appointments, including 2,239
provisional appointments made pursuant to section 124.30 of the 2,240
Revised Code, shall be for a probationary period, not less than 2,241
sixty days nor more than one year, to be fixed by the rules of 2,242
the director, except as provided in section 124.231 of the 2,243
Revised Code, or except original appointments to a police 2,244
department as a police officer, or to a fire department as a fire 2,247
fighter FIREFIGHTER which shall be for a probationary period of 2,248
one year, and no appointment or promotion is final until the 2,249
appointee has satisfactorily served the probationary period. 2,250
Service as a provisional employee in the same or similar class 2,251
shall be included in the probationary period. If the service of 2,252
the probationary employee is unsatisfactory, the employee may be 2,253
removed or reduced at any time during the probationary period 2,254
after completion of sixty days or one-half of the probationary 2,255
period, whichever is greater. If the appointing authority's 2,256
55
decision is to remove the appointee, the appointing authority's 2,258
communication to the director shall indicate the reason for such 2,260
decision. Dismissal or reduction may be made under provisions of 2,261
section 124.34 of the Revised Code during the first sixty days or 2,262
first half of the probationary period, whichever is greater. Any 2,263
person appointed to a position in the classified service under 2,264
sections 124.01 to 124.64 of the Revised Code, except temporary 2,265
and exceptional appointments, shall be or become forthwith a 2,266
resident of the state. 2,267
Sec. 124.30. (A) Positions in the classified service may 2,276
be filled without competition as follows: 2,277
(A)(1) Whenever there are urgent reasons for filling a 2,279
vacancy in any position in the classified service and the 2,280
director of administrative services is unable to certify to the 2,281
appointing authority, upon requisition by the latter, a list of 2,282
persons eligible for appointment to such position after a 2,283
competitive examination, the appointing authority may nominate a 2,284
person to the director for noncompetitive examination, and if 2,285
such nominee is certified by the director as qualified after such 2,286
noncompetitive examination, the nominee may be appointed 2,287
provisionally to fill such vacancy until a selection and 2,289
appointment can be made after competitive examination; but such 2,290
provisional appointment shall continue in force only until a 2,291
regular appointment can be made from eligible lists prepared by 2,292
the director and such eligible lists shall be prepared within six 2,293
months, provided that an examination for the position must be 2,294
held within the six-month period from the date of such 2,295
provisional appointment. In the case of provisional appointees 2,296
in county departments of human services and in the department of 2,298
human services and department of health, if the salary is paid in 2,299
whole or in part from federal funds, such eligible lists shall be 2,300
prepared within six months, provided that an examination for the 2,301
position must be held within the six-month period from the date 2,302
of such provisional appointment. In case of an emergency, an 2,303
56
appointment may be made without regard to the rules of sections 2,304
124.01 to 124.64 of the Revised Code, but in no case to continue 2,305
longer than thirty days, and in no case shall successive 2,306
appointments be made. Interim or temporary appointments, made 2,307
necessary by reason of sickness, disability, or other approved 2,308
leave of absence of regular officers or employees shall continue 2,309
only during such period of sickness, disability, or other 2,310
approved leave of absence, subject to rules to be provided for by 2,311
the director.
Persons who receive interim, temporary, or intermittent 2,313
appointments shall serve at the pleasure of their appointing 2,314
authority. Interim appointments shall be made only to fill a 2,315
vacancy that results from an employee's temporary absence, but 2,316
shall not be made to fill a vacancy that results because an 2,317
employee receives an interim appointment. 2,318
(B)(2) In case of a vacancy in a position in the 2,320
classified service where peculiar and exceptional qualifications 2,321
of a scientific, managerial, professional, or educational 2,322
character are required, and upon satisfactory evidence that for 2,323
specified reasons competition in such special case is 2,324
impracticable and that the position can best be filled by a 2,325
selection of some designated person of high and recognized 2,326
attainments in such qualities, the director may suspend the 2,327
provisions of sections 124.01 to 124.64 of the Revised Code, 2,328
requiring competition in such case, but no suspension shall be 2,329
general in its application, and all such cases of suspension 2,330
shall be reported in the annual report of the director with the 2,331
reasons for the suspension.
(C)(3) Where the services to be rendered by an appointee 2,333
are for a temporary period, not to exceed six months, and the 2,334
need of such service is important and urgent, the appointing 2,335
authority may select for such temporary service any person on the 2,336
proper list of those eligible for permanent appointment. 2,337
Successive temporary appointments to the same position shall not 2,338
57
be made under this division. The acceptance or refusal by an 2,339
eligible of a temporary appointment shall not affect the person's 2,340
standing on the register for permanent employment; nor shall the 2,341
period of temporary service be counted as a part of the 2,342
probationary service in case of subsequent appointment to a 2,343
permanent position. 2,344
(B) PERSONS WHO RECEIVE EXTERNAL INTERIM, TEMPORARY, OR 2,346
INTERMITTENT APPOINTMENTS ARE IN THE UNCLASSIFIED CIVIL SERVICE 2,347
AND SERVE AT THE PLEASURE OF THEIR APPOINTING AUTHORITY. INTERIM 2,348
APPOINTMENTS SHALL BE MADE ONLY TO FILL A VACANCY THAT RESULTS 2,349
FROM AN EMPLOYEE'S TEMPORARY ABSENCE, BUT SHALL NOT BE MADE TO 2,350
FILL A VACANCY THAT RESULTS BECAUSE AN EMPLOYEE RECEIVES AN 2,351
INTERIM APPOINTMENT.
Sec. 124.32. (A) With the consent of the director of 2,360
administrative services, a person holding an office or position 2,361
in the classified service may be transferred to a similar 2,362
position in another office, department, or institution having the 2,363
same pay and similar duties; but no transfer shall be made from 2,364
an office or position in one class to an office or position in 2,365
another class, nor shall a person be transferred to an office or 2,366
position for original entrance to which there is required by 2,367
sections 124.01 to 124.64 of the Revised Code, or the rules 2,368
adopted pursuant to such sections, an examination involving 2,369
essential tests or qualifications or carrying a salary different 2,370
from or higher than those required for original entrance to an 2,371
office or position held by such person. 2,372
(B) Any person holding an office or position under the 2,374
classified service who has been separated from the service 2,375
without delinquency or misconduct on his THE PERSON'S part may, 2,376
with the consent of the director, be reinstated within one year 2,378
from the date of such separation to a vacancy in the same or 2,379
similar office or position in the same department; provided, if 2,380
such separation is due to injury or physical disability, such 2,381
person shall be reinstated to the same office or similar position 2,382
58
he held at the time of his separation, within thirty days after 2,383
written application for reinstatement and after passing a 2,384
physical examination made by a licensed physician designated by 2,385
the director APPOINTING AUTHORITY, showing that he THE PERSON has 2,387
recovered from such disability, provided further that such 2,389
application for reinstatement be filed within three years from 2,390
the date of separation, and further provided that such 2,391
application shall not be filed after the date of service 2,392
eligibility retirement.
Sec. 124.323. (A) Employees shall be laid off in the 2,401
order set forth in this section within the primary appointment 2,402
categories of temporary, intermittent, part-time, seasonal, and 2,403
full-time, and other appointment categories as established by the 2,404
director of administrative services. 2,405
(B) Whenever a reduction in force is necessary within each 2,407
of the primary appointment categories, first temporary, then 2,408
intermittent, then seasonal, then part-time permanent, and then 2,410
full-time permanent employees shall be laid off in the following 2,411
order:
(1) Employees serving provisionally who have not completed 2,413
their probationary period after appointment; 2,414
(2) Employees serving provisionally who have 2,416
satisfactorily completed their probationary period after 2,417
appointment; 2,418
(3) Employees appointed from certified eligible lists or 2,420
who are certified and who have not completed their probationary 2,421
period after appointment; 2,422
(4) Employees appointed from certified eligible lists or 2,424
who are certified and who have successfully completed their 2,425
probationary period after appointment. 2,426
Sec. 124.327. (A) Employees who have been laid off or 2,435
have, by virtue of exercising their displacements rights, been 2,436
displaced to a lower classification in their classification 2,437
series, shall be placed on appropriate layoff lists. Those 2,438
59
employees with the most retention points within each category of 2,439
order of layoff, as established in section 124.323 of the Revised 2,440
Code, shall be placed at the top of the layoff list to be 2,441
followed by employees ranked in descending total retention order. 2,442
Laid-off employees shall be placed on layoff lists for each 2,443
classification in the classification series equal to or lower 2,444
than the classification in which the employee was employed at the 2,445
time of layoff. 2,446
(B) An employee who is laid off retains reinstatement 2,448
rights in the agency from which he THE EMPLOYEE was laid off. 2,449
Reinstatement rights continue for one year from the date of 2,451
layoff. During this one-year period, in any layoff jurisdiction 2,452
in which an appointing authority has an employee on a layoff 2,453
list, the appointing authority shall not hire or promote anyone 2,454
into A POSITION WITHIN that classification until all laid-off 2,456
perons PERSONS on a layoff list for that classification WHO ARE 2,458
QUALIFIED TO PERFORM THE DUTIES OF THE POSITION are reinstated or 2,459
decline the position when it is offered. 2,460
(C) Each laid-off or displaced employee, in addition to 2,462
reinstatement rights within the employee's appointing authority, 2,463
shall have the right to reemployment with other agencies within 2,464
the layoff jurisdiction, IF THE EMPLOYEE IS QUALIFIED TO PERFORM 2,465
THE DUTIES OF THE POSITION, but only in the same classification 2,466
from which the employee was initially laid off or displaced. 2,467
Layoff lists for each appointing authority must be exhausted 2,468
before jurisdictional reemployment layoff lists are used. 2,469
(D) Any employee accepting or declining reinstatement to 2,471
the same classification and same appointment type from which the 2,472
employee was laid off or displaced shall be removed from the 2,473
appointing authority's layoff list. 2,474
(E) Any employee accepting or declining reemployment to 2,476
the same classification and the same appointment type from which 2,477
the employee was laid off or displaced shall be removed from the 2,478
jurisdictional layoff list. 2,479
60
(F) An employee who does not exercise his THE option to 2,481
displace under section 124.324 of the Revised Code shall only be 2,482
entitled to reinstatement or reemployment in the classification 2,483
from which the employee was displaced or laid off. 2,484
(G) An employee who declines reinstatement to a 2,486
classification lower in the classification series than the 2,487
classification from which the employee was laid off or displaced, 2,488
shall thereafter only be entitled to reinstatement to a 2,489
classification higher, up to and including the classification 2,490
from which the employee was laid off or displaced, in the 2,491
classification series than the classification that was declined. 2,492
(H) Any employee reinstated or reemployed under this 2,494
section shall not serve a probationary period upon reinstatement 2,495
or reemployment except that an employee laid off during an 2,496
original or promotional probationary period shall begin a new 2,497
probationary period. 2,498
(I) For the purposes of this section, employees whose 2,500
salary or wage is not paid directly by warrant of the auditor of 2,501
state shall be placed on layoff lists of their appointing 2,502
authority only. 2,503
Sec. 124.34. The tenure of every officer or employee in 2,512
the classified service of the state and the counties, civil 2,513
service townships, cities, city health districts, general health 2,514
districts, and city school districts thereof OF THE STATE, 2,515
holding a position under this chapter of the Revised Code, shall 2,517
be during good behavior and efficient service, and no such 2,518
officer or employee shall be reduced in pay or position, fined in 2,519
excess of five days' pay, suspended, or removed, except as 2,520
provided in section 124.32 of the Revised Code, and for 2,521
incompetency, inefficiency, dishonesty, drunkenness, immoral 2,522
conduct, insubordination, discourteous treatment of the public,
neglect of duty, violation of such sections THIS CHAPTER or the 2,523
rules of the director of administrative services or the 2,525
commission, or any other failure of good behavior, or any other 2,526
61
acts of misfeasance, malfeasance, or nonfeasance in office. A AN 2,528
APPOINTING AUTHORITY MAY REQUIRE AN EMPLOYEE WHO IS SUSPENDED TO 2,529
REPORT TO WORK TO SERVE THE SUSPENSION. AN EMPLOYEE SERVING A
SUSPENSION IN THIS MANNER SHALL CONTINUE TO BE COMPENSATED AT THE 2,531
EMPLOYEE'S REGULAR RATE OF PAY FOR HOURS WORKED. SUCH
DISCIPLINARY ACTION SHALL BE RECORDED IN THE EMPLOYEE'S PERSONNEL 2,533
FILE IN THE SAME MANNER AS OTHER DISCIPLINARY ACTIONS AND HAS THE 2,534
SAME EFFECT AS A SUSPENSION WITHOUT PAY FOR THE PURPOSE OF 2,535
RECORDING DISCIPLINARY ACTIONS.
A finding by the appropriate ethics commission, based upon 2,538
a preponderance of the evidence, that the facts alleged in a 2,539
complaint under section 102.06 of the Revised Code constitute a 2,540
violation of Chapter 102., section 2921.42, or section 2921.43 of 2,541
the Revised Code may constitute grounds for dismissal. Failure 2,542
to file a statement or falsely filing a statement required by 2,543
section 102.02 of the Revised Code may also constitute grounds 2,544
for dismissal. The tenure of an employee in the career 2,545
professional service of the department of transportation is 2,546
subject to section 5501.20 of the Revised Code.
In any case of a fine, reduction, suspension of more than 2,549
three working days, OR FINE IN EXCESS OF THREE DAYS' PAY, or A 2,550
removal, the appointing authority shall furnish such THE employee 2,552
with a copy of the order of reduction, FINE, suspension, or 2,554
removal, which order shall state the reasons therefor. Such
order shall be filed with the director of administrative services 2,555
and state personnel board of review, or the commission, as may be 2,556
appropriate. 2,557
Within ten days following the filing of such order or, in 2,559
the case of an employee in the career professional service of the 2,560
department of transportation, within ten days following the 2,561
filing of a removal order, the employee may file an appeal, in 2,562
writing, with the state personnel board of review or the 2,563
commission. In the event such an appeal is filed, the board or 2,564
commission shall forthwith notify the appointing authority and 2,565
62
shall hear, or appoint a trial board to hear, such appeal within 2,566
thirty days from and after its filing with the board or 2,567
commission, and it may affirm, disaffirm, or modify the judgment 2,568
of the appointing authority.
In cases of removal or reduction in pay for disciplinary 2,570
reasons, either the appointing authority or the officer or 2,571
employee may appeal from the decision of the state personnel 2,572
board of review or the commission to the court of common pleas of 2,573
the county in which the employee resides in accordance with the 2,574
procedure provided by section 119.12 of the Revised Code. 2,575
In the case of the suspension for any period of time, or a 2,578
fine, demotion, or removal of a chief of police or a chief of a 2,579
fire department or any member of the police or fire department of
a city or civil service township, the appointing authority shall 2,580
furnish such chief or member of a department with a copy of the 2,581
order of suspension, demotion, or removal, which order shall 2,582
state the reasons therefor. Such order shall be filed with the 2,583
municipal or civil service township civil service commission. 2,584
Within ten days following the filing of such order such chief or 2,585
member of a department may file an appeal, in writing, with the 2,586
municipal or civil service township civil service commission. In 2,587
the event such an appeal is filed, the commission shall forthwith 2,588
notify the appointing authority and shall hear, or appoint a 2,589
trial board to hear, such appeal within thirty days from and 2,590
after its filing with the commission, and it may affirm, 2,591
disaffirm, or modify the judgment of the appointing authority. 2,592
An appeal on questions of law and fact may be had from the 2,593
decision of the municipal or civil service township civil service 2,594
commission to the court of common pleas in the county in which 2,595
such city or civil service township is situated. Such appeal 2,596
shall be taken within thirty days from the finding of the 2,597
commission. 2,598
A violation of division (A)(7) of section 2907.03 of the 2,600
Revised Code is grounds for termination of employment of a 2,601
63
nonteaching employee under this section. 2,602
Sec. 124.382. (A) As used in this section and sections 2,611
124.383, 124.386, 124.387, and 124.388 of the Revised Code: 2,612
(1) "Base pay period" means the pay period that includes 2,614
the first day of December. 2,615
(2) "Pay period" means the fourteen-day period of time 2,617
during which the payroll is accumulated, as determined by the 2,618
director of administrative services. 2,619
(3) "Active pay status" means the conditions under which 2,621
an employee is eligible to receive pay, and includes, but is not 2,622
limited to, vacation leave, sick leave, personal leave, 2,623
bereavement leave, and administrative leave. 2,624
(4) "No pay status" means the conditions under which an 2,626
employee is ineligible to receive pay, and includes, but is not 2,627
limited to, leave without pay, leave of absence, and disability 2,628
leave. 2,629
(5) "Disability leave" means the leave granted pursuant to 2,631
section 124.385 of the Revised Code. 2,632
(6) "Full-time permanent employee" means an employee whose 2,634
regular hours of duty total eighty hours in a pay period in a 2,635
state agency, and whose appointment is not for a limited period 2,636
of time. 2,637
(7) "Base rate of pay" means the rate of pay established 2,639
under schedule B or C of section 124.15 or under schedule E-1 or 2,640
E-2 of section 124.152 of the Revised Code, plus any supplement 2,642
provided under section 124.181 of the Revised Code, plus any 2,643
supplements enacted into law which are added to schedule B or C 2,644
of section 124.15 or to schedule E-1 or E-2 of section 124.152 of 2,646
the Revised Code.
(8) "Part-time permanent employee" means an employee whose 2,648
regular hours of duty total less than eighty hours in a pay 2,649
period in a state agency and whose appointment is not for a 2,650
limited period of time. 2,651
(B) Each full-time permanent and part-time permanent 2,653
64
employee whose salary or wage is paid directly by warrant of the 2,654
auditor of state shall be credited with sick leave of three and 2,655
one-tenth hours for each completed eighty hours of service, 2,656
excluding overtime hours worked. 2,657
(C) Any sick leave credit provided pursuant to division 2,659
(B) of this section, remaining as of the last day of the pay 2,660
period preceding the next succeeding base pay period, shall be 2,661
converted pursuant to section 124.383 of the Revised Code. 2,662
(D) Employees may use sick leave, provided a credit 2,664
balance is available, upon approval of the responsible 2,665
administrative officer of the employing unit, for absence due to 2,666
personal illness, pregnancy, injury, exposure to contagious 2,667
disease which could be communicated to other employees, and to 2,668
illness, injury, or death in the employee's immediate family. 2,669
When sick leave is used, it shall be deducted from the employee's 2,670
credit on the basis of absence from previously scheduled work in 2,671
such increments of an hour and at such a compensation rate as the 2,672
director of administrative services determines. The appointing 2,673
authority of each employing unit may require an employee to 2,674
furnish a satisfactory, signed statement to justify the use of 2,675
sick leave.
If, after having utilized the credit provided by this 2,677
section, an employee utilizes sick leave that was accumulated 2,678
prior to November 15, 1981, compensation for such sick leave used 2,679
shall be equal to the employee's hourly base rate of pay AT A 2,680
RATE AS THE DIRECTOR DETERMINES. 2,681
(E)(1) The previously accumulated sick leave balance of an 2,683
employee who has been separated from the public service, for 2,684
which separation payments pursuant to the provisions of section 2,685
124.384 of the Revised Code have not been made, shall be placed 2,686
to the employee's credit upon the employee's reemployment in the 2,687
public service, if the reemployment takes place within ten years 2,689
of the date on which the employee was last terminated from public 2,690
service.
65
(2) The previously accumulated sick leave balance of an 2,692
employee who has separated from a school district shall be placed 2,693
to the employee's credit upon the employee's appointment as an 2,695
unclassified employee of the state department of education, if 2,696
all of the following apply:
(a) The employee accumulated the sick leave balance while 2,698
employed by the school district; 2,699
(b) The employee did not receive any separation payments 2,701
for the sick leave balance; 2,702
(c) The employee's employment with the department takes 2,704
place within ten years after the date on which the employee 2,705
separated from the school district. 2,706
(F) An employee who transfers from one public agency to 2,708
another shall be credited with the unused balance of the 2,709
employee's accumulated sick leave up to the maximum of the sick 2,710
leave accumulation permitted in the public agency to which the 2,711
employee transfers. 2,712
(G) The director of administrative services shall 2,714
establish procedures to uniformly administer this section. No 2,715
sick leave may be granted to a state employee upon or after the 2,716
employee's retirement or termination of employment. 2,717
Sec. 124.383. (A) The director of administrative services 2,726
shall allow a full-time or part-time employee who is credited 2,727
with sick leave pursuant to division (B) of section 124.382 of 2,728
the Revised Code to elect one of the following options with 2,729
respect to sick leave credit remaining at the end of the year: 2,730
(1) Carry forward the balance.; 2,732
(2) Receive a cash benefit as established by the director 2,734
of administrative services. AN EMPLOYEE SERVING IN A TEMPORARY 2,735
WORK LEVEL OR HOLDING AN INTERIM APPOINTMENT WHO ELECTS TO 2,736
CONVERT UNUSED SICK LEAVE CREDIT TO CASH SHALL DO SO AT THE BASE 2,737
RATE OF PAY OF THE EMPLOYEE'S NORMAL CLASSIFICATION. 2,738
(3) Carry forward a portion of the balance and receive a 2,740
cash benefit for the remainder. The cash benefit shall be 2,741
66
calculated in the manner specified in division (A)(2) of this 2,742
section. 2,743
(B) The director of administrative services shall 2,745
establish procedures to allow employees to indicate the option 2,746
that will be selected. Included within the procedures shall be 2,747
the final date by which notification is to be made to the 2,748
director concerning the option selected. Failure to comply with 2,749
the date will result in the automatic carry forward of unused 2,750
balances. 2,751
(C) Cash benefits shall be paid in the first pay the 2,754
employee receives in December.
(D) Balances carried forward are excluded from further 2,756
cash benefits provided under this section. 2,757
(E) An employee who separates during the year shall not be 2,759
eligible for cash benefits provided under this section. 2,760
Sec. 124.384. Except as otherwise provided in this 2,769
section, employees whose salaries or wages are paid by warrant of 2,770
the auditor of state and who have accumulated sick leave under 2,771
section 124.38 or 124.382 of the Revised Code shall be paid for a 2,772
percentage of their accumulated balances, upon separation for any 2,773
reason, including retirement or death, at their last base rate of 2,774
pay at the rate of one hour of pay for every two hours of 2,775
accumulated balances. AN EMPLOYEE SERVING IN A TEMPORARY WORK 2,776
LEVEL OR AN INTERIM APPOINTMENT WHO ELECTS TO CONVERT UNUSED SICK 2,777
LEAVE TO CASH SHALL DO SO AT THE BASE RATE OF PAY OF THE 2,778
EMPLOYEE'S NORMAL CLASSIFICATION. If an employee dies, the 2,779
employee's unused sick leave shall be paid in accordance with 2,780
section 2113.04 of the Revised Code or to his THE EMPLOYEE'S 2,781
estate.
In order to be eligible for the payment authorized by this 2,783
section, an employee shall have at least one year of state 2,784
service and must SHALL request ALL OR A PORTION OF such payment 2,786
no later than three years after separation from state service. 2,787
NO PERSON IS ELIGIBLE TO RECEIVE ALL OR A PORTION OF THE PAYMENT 2,788
67
AUTHORIZED BY THIS SECTION AT ANY TIME LATER THAN THREE YEARS 2,789
AFTER THE PERSON'S SEPARATION FROM STATE SERVICE.
Except as otherwise provided in this paragraph, a person 2,791
initially employed on or after July 5, 1987, by a state agency in 2,792
which the employees' salaries or wages are paid directly by 2,793
warrant of the auditor of state shall receive payment under this 2,794
section only for sick leave accumulated while employed by state 2,795
agencies in which the employees' salaries or wages are paid 2,796
directly by warrant of the auditor of state. A person initially 2,797
employed on or after July 5, 1987, by the state department of 2,798
education as an unclassified employee shall receive payment under 2,799
this section only for sick leave accumulated while employed by 2,800
state agencies in which the employees' salaries or wages are paid 2,801
directly by warrant of the auditor of state and for sick leave 2,802
placed to the employee's credit under division (E)(2) of section 2,804
124.382 of the Revised Code.
For employees paid in accordance with section 124.152 of 2,806
the Revised Code and those employees listed in divisions (B)(2) 2,807
and (4) of section 124.14 of the Revised Code, the director of 2,808
administrative services, with the approval of the director of the 2,809
office of budget and management, may establish a plan for early 2,810
payment of accrued sick leave and vacation leave. 2,811
Sec. 124.385. (A) An employee is eligible for disability 2,820
leave benefits under this section if the employee has completed 2,822
one year of continuous state service immediately prior to the
date of the disability and if either of the following applies: 2,824
(1) The employee is a full-time permanent employee and is 2,826
eligible for sick leave credit pursuant to division (B) of 2,827
section 124.382 of the Revised Code, or is a full-time permanent 2,828
employee and is listed in division (B)(2) OR (4) of section 2,829
124.14 of the Revised Code.
(2) The employee is a full-time permanent employee, is on 2,831
disability leave or leave of absence for medical reasons, and 2,832
would be eligible for sick leave credit pursuant to division (B) 2,833
68
of section 124.382 of the Revised Code except that the employee 2,834
is in no pay status. 2,836
(B) The director of administrative services, by rule 2,838
adopted in accordance with Chapter 119. of the Revised Code, 2,839
shall establish a disability leave program. The rule shall 2,840
include, but shall not be limited to: 2,841
(1) Procedures to be followed for determining disability; 2,843
(2) Provisions for the allowance of disability leave due 2,845
to illness or injury; 2,846
(3) Provisions for the continuation of service credit for 2,848
employees granted disability leave, including service credit 2,849
towards retirement, as provided by the applicable statute; 2,850
(4) The establishment of a minimum level of benefit and of 2,852
a waiting period before benefits begin; 2,853
(5) Provisions setting a maximum length of benefit and 2,856
requiring that employees eligible to apply for disability 2,857
retirement shall do so prior to completing the first six months 2,858
of their period of disability. The director's rules shall 2,859
indicate those employees required to apply for disability 2,860
retirement. If an employee is approved to receive disability 2,861
retirement, the employee shall receive the retirement benefit and 2,862
a supplement payment that equals a percentage of the employee's 2,863
base rate of pay and that, when added to the retirement benefit, 2,864
equals no more than the percentage of pay received by employees 2,866
after the first six months of disability. Such supplemental 2,867
payment shall not be considered earnable salary, compensation, or 2,868
salary, and is not subject to contributions, under Chapter 145., 2,869
742., 3307., 3309., or 5505. of the Revised Code. 2,870
(6) Provisions that allow employees to utilize available 2,872
sick leave, personal leave, or vacation leave balances to 2,873
supplement the benefits payable under this section. Such 2,874
balances used to supplement the benefits, plus any amount 2,875
contributed by the state as provided in division (D) of this 2,876
section, shall be paid at the employee's base rate of pay in an 2,877
69
amount sufficient to give employees up to one hundred per cent of 2,878
pay for time on disability. 2,879
(7) Procedures for appealing denial of payment of a claim, 2,881
including: 2,882
(a) A maximum of thirty days to file an appeal by the 2,884
employee; 2,885
(b) A maximum of fifteen days for the parties to select a 2,887
third-party opinion pursuant to division (F) of this section, 2,888
unless an extension is agreed to by the parties; 2,889
(c) A maximum of thirty days for the third party to render 2,891
an opinion. 2,892
(8) Provisions for approving leave of absence for medical 2,894
reasons where an employee is in no pay status because the 2,895
employee has used all the employee's sick leave, personal leave, 2,897
vacation leave, and compensatory time; 2,898
(9) Provisions for precluding the payment of benefits if 2,900
the injury for which the benefits are sought is covered by a 2,901
workers' compensation plan; 2,902
(10) Provisions for precluding the payment of benefits in 2,904
order to ensure that benefits are provided in a consistent 2,905
manner. 2,906
(C) Except as provided in division (B)(6) of this section, 2,908
time off for an employee granted disability leave is not 2,909
chargeable to any other leave granted by other sections of the 2,910
Revised Code. 2,911
(D) While an employee is on an approved disability leave, 2,913
the employer EMPLOYER'S and employee's share of health, life, and 2,915
other insurance benefits shall be paid by the state, and the 2,916
retirement contribution shall be paid as follows: 2,917
(1) The employer's share shall be paid by the state; 2,919
(2) For the first three months, the employee's share shall 2,921
be paid by the employee; 2,922
(3) After the first three months, the employee's share 2,924
shall be paid by the state. 2,925
70
(E) The approval for disability leave shall be made by the 2,927
director, upon recommendation by the appointing authority. 2,928
(F) If a request for disability leave is denied based on a 2,930
medical determination, the director shall obtain a medical 2,931
opinion from a third party. The decision of the third party is 2,932
binding. 2,933
(G) The rule adopted by the director under division (B) of 2,935
this section shall not deny disability leave benefits for an 2,936
illness or injury to an employee who is a veteran of the United 2,937
States armed forces because the employee contracted the illness 2,938
or received the injury in the course of or as a result of 2,939
military service and the illness or injury is or may be covered 2,940
by a compensation plan administered by the United States 2,941
department of veterans affairs. 2,942
Sec. 124.386. (A) Each full-time permanent employee paid 2,951
in accordance with section 124.152 of the Revised Code and those 2,952
employees listed in divisions (B)(2) and (4) of section 124.14 of 2,953
the Revised Code shall be credited with thirty-two hours of 2,954
personal leave each year. Such credit shall be made to each 2,955
eligible employee beginning IN the first day of PAY the base pay 2,958
period EMPLOYEE RECEIVES IN DECEMBER. Employees, upon giving 2,959
reasonable notice to the responsible administrative officer of 2,960
the appointing authority, may use personal leave for absence due 2,961
to mandatory court appearances, legal or business matters, family 2,962
emergencies, unusual family obligations, medical appointments, 2,963
weddings, religious holidays, or any other matter of a personal 2,964
nature.
(B) When personal leave is used, it shall be deducted from 2,966
the unused balance of the employee's personal leave on the basis 2,967
of absence in such increments of an hour as the director of 2,968
administrative services determines. Compensation for such leave 2,969
shall be equal to the employee's base rate of pay. 2,970
(C) A newly appointed full-time permanent employee or a 2,972
nonfull-time employee who receives a full-time permanent 2,973
71
appointment shall be credited with personal leave of thirty-two 2,974
hours, less one and two-tenths hours for each pay period that has 2,975
elapsed following the base pay period until the first day of the 2,976
pay period during which the appointment was effective. 2,977
(D) The director of administrative services shall allow 2,979
employees to elect one of the following options with respect to 2,980
the unused balance of personal leave: 2,981
(1) Carry forward the balance. The maximum credit that 2,983
shall be available to an employee at any one time is forty hours. 2,984
(2) Convert the balance to accumulated sick leave, to be 2,986
used in the manner provided by section 124.382 of the Revised 2,987
Code.; 2,988
(3) Receive a cash benefit. The cash benefit shall equal 2,990
one hour of the employee's base rate of pay for every hour of 2,991
unused credit that is converted. AN EMPLOYEE SERVING IN A 2,992
TEMPORARY WORK LEVEL OR AN INTERIM APPOINTMENT WHO ELECTS TO 2,993
CONVERT UNUSED PERSONAL LEAVE TO CASH SHALL DO SO AT THE BASE 2,995
RATE OF PAY OF THE EMPLOYEE'S NORMAL CLASSIFICATION. Such cash 2,996
benefit shall not be subject to contributions to any of the 2,997
retirement systems, either by the employee or the employer. 2,998
(E) Upon separation from state service, an employee shall 3,000
be entitled to compensation for all unused personal leave 3,001
balance. The rate of pay shall be equal to the employee's base 3,002
rate of pay. 3,003
(F) A full-time permanent employee who separates from 3,005
state service or is no longer a full-time permanent employee 3,006
during the year BECOMES INELIGIBLE TO BE CREDITED WITH LEAVE 3,007
UNDER THIS SECTION shall receive a reduction of personal leave 3,008
credit of one and two-tenths hours for each pay period that 3,009
remains beginning with the first pay period following the date of 3,010
separation OR THE EFFECTIVE DATE OF THE EMPLOYEE'S INELIGIBILITY 3,011
until the pay period preceding the next base pay period. AFTER 3,013
CALCULATION OF THE REDUCTION OF AN EMPLOYEE'S PERSONAL LEAVE
CREDIT, THE EMPLOYEE IS ENTITLED TO COMPENSATION FOR ANY 3,014
72
REMAINING PERSONAL LEAVE CREDIT AT THE EMPLOYEE'S CURRENT BASE 3,015
RATE OF PAY. If the reduction results in a number of hours less 3,017
than zero, the cash equivalent value of such number of hours 3,018
shall be deducted from any compensation that remains payable to 3,019
the employee, or from the cash conversion value of any vacation 3,020
or sick leave that remains credited to the employee. AN EMPLOYEE 3,021
SERVING IN A TEMPORARY WORK LEVEL OR AN INTERIM APPOINTMENT WHO 3,022
IS ELIGIBLE TO RECEIVE COMPENSATION UNDER THIS SECTION SHALL BE 3,023
COMPENSATED AT THE BASE RATE OF PAY OF THE EMPLOYEE'S NORMAL 3,024
CLASSIFICATION.
(G)(F) An employee who transfers from one public agency to 3,026
another PUBLIC AGENCY IN WHICH THE EMPLOYEE IS ELIGIBLE FOR THE 3,027
CREDIT PROVIDED UNDER THIS SECTION shall be credited with the 3,028
unused balance of personal leave up to the maximum personal leave 3,030
accumulation permitted in the public agency to which the employee 3,031
transfers, provided that if no personal leave accumulation is 3,032
permitted, the employee shall receive compensation in the manner 3,033
prescribed in division (E) of this section. 3,034
(G) The director of administrative services shall 3,035
establish procedures to uniformly administer this section. No 3,036
personal leave may be granted to a state employee upon or after 3,037
his retirement or termination of employment. 3,038
Sec. 124.387. Each full-time permanent AND PART-TIME 3,047
PERMANENT employee whose salary or wage is paid directly by 3,049
warrant of the auditor of state shall be granted three days of
bereavement leave with pay upon the death of a member of the 3,050
employee's immediate family. Compensation for bereavement leave 3,051
shall be equal to the employee's base rate of pay. 3,052
Sec. 124.388. An appointing authority may, in its 3,061
discretion, place an employee whose salary or wage is paid 3,062
directly by warrant of the auditor of state on administrative 3,063
leave with pay. Such leave is to be used only in circumstances 3,064
where the health or safety of an employee or of any person or 3,065
property entrusted to the employee's care could be adversely 3,066
73
affected. Compensation for administrative leave shall be equal 3,067
to the employee's base rate of pay. The length of such leave is 3,068
solely at the discretion of the appointing authority, except that 3,069
the length of the leave shall not exceed the length of the 3,070
situation for which the leave was granted. An appointing 3,071
authority may also grant administrative leave of two days or less 3,072
for employees who are moved in accordance with section 124.33 of 3,073
the Revised Code. 3,074
Sec. 124.82. (A) Except as provided in division (D) of 3,083
this section, the department of administrative services, in 3,084
consultation with the superintendent of insurance, shall, in 3,085
accordance with competitive selection procedures of Chapter 125. 3,086
of the Revised Code, contract with an insurance company or a 3,088
health plan in combination with an insurance company, authorized 3,089
to do business in this state, for the issuance of a policy or 3,090
contract of health, medical, hospital, dental, or surgical 3,091
benefits, or any combination thereof, covering state employees 3,092
who are paid directly by warrant of the auditor of state, 3,093
including elected state officials. The department may fulfill 3,094
its obligation under this division by exercising its authority 3,095
under division (A)(2) of section 124.81 of the Revised Code. 3,096
(B) The department may, in addition, in consultation with 3,098
the superintendent of insurance, negotiate and contract with 3,099
health insuring corporations holding a certificate of authority 3,101
under Chapter 1751. of the Revised Code, in their approved 3,102
service areas only, for issuance of a contract or contracts of 3,103
health care services, covering state employees who are paid 3,104
directly by warrant of the auditor of state, including elected 3,105
state officials. Except for health insuring corporations, no 3,106
more than one insurance carrier or health plan shall be 3,107
contracted with to provide the same plan of benefits, provided 3,109
that:
(1) The amount of the premium or cost for such coverage 3,111
contributed by the state, for an individual or for an individual 3,112
74
and the individual's family, does not exceed that same amount of 3,114
the premium or cost contributed by the state under division (A) 3,115
of this section; 3,116
(2) The employee be permitted to exercise the option as to 3,118
which plan the employee will select under division (A) or (B) of 3,120
this section, at a set time each year, which time THAT shall be 3,122
determined by the department; 3,123
(3) The health insuring corporations do not refuse to 3,125
accept the employee, or the employee and the employee's family, 3,127
if the employee exercises the option to select care provided by 3,129
the corporations;
(4) The employee may choose participation in only one of 3,131
the plans sponsored by the department; 3,132
(5) The director of health examines and certifies to the 3,134
department that the quality and adequacy of care rendered by the 3,135
health insuring corporations meet at least the standards of care 3,136
provided by hospitals and physicians in that employee's 3,138
community, who would be providing such care as would be covered 3,139
by a contract awarded under division (A) of this section. 3,140
(C) All or any portion of the cost, premium, or charge for 3,142
the coverage in divisions (A) and (B) of this section may be paid 3,143
in such manner or combination of manners as the department 3,144
determines and may include the proration of health care costs, 3,145
premiums, or charges for part-time employees. 3,146
(D) Notwithstanding division (A) of this section, the 3,148
department may provide benefits equivalent to those that may be 3,149
paid under a policy or contract issued by an insurance company or 3,150
a health plan pursuant to division (A) of this section. 3,151
(E) This section does not prohibit the state office of 3,153
collective bargaining from entering into an agreement with an 3,154
employee representative for the purposes of providing fringe 3,155
benefits including, but not limited to, hospitalization, surgical 3,156
care, major medical care, disability, dental care, vision care, 3,157
medical care, hearing aids, prescription drugs, group life 3,158
75
insurance, sickness and accident insurance, group legal services 3,159
or other benefits, or any combination thereof, to employees paid 3,160
directly by warrant of the auditor of state through a jointly 3,161
administered trust fund. The employer's contribution for the 3,162
cost of the benefit care shall be mutually agreed to in the 3,163
collectively bargained agreement. The amount, type, and 3,164
structure of fringe benefits provided under this division is 3,165
subject to the determination of the board of trustees of the 3,166
jointly administered trust fund. Notwithstanding any other 3,167
provision of the Revised Code, competitive bidding does not apply 3,168
to the purchase of fringe benefits for employees under this 3,169
division when such benefits are provided through a jointly 3,170
administered trust fund. 3,171
Sec. 124.87. (A) There is hereby established in the state 3,180
treasury the state employee health benefit fund for the sole 3,181
purpose of enabling the department of administrative services to 3,182
provide state employees with any benefits specified in division 3,183
(A) of section 124.82 of the Revised Code. 3,184
(B) The fund shall be under the supervision of the 3,186
department. The department shall be responsible, under approved 3,187
bonds, for all moneys coming into, and paid out of, the fund in 3,188
accordance with this section and shall ensure that the fund is 3,189
actuarially sound. Amounts from the fund may be used to pay 3,190
direct and indirect costs that are attributable to consultants or 3,191
a third-party administrator and that are necessary to administer 3,192
this section.
(C) In carrying out its duties and responsibilities, the 3,194
department shall: 3,195
(1) Adopt rules with regard to the administration of the 3,197
fund; 3,198
(2) With respect to benefits specified in division (A) of 3,200
section 124.82 of the Revised Code, enter into a contract with a 3,201
company authorized to do the business of sickness and accident 3,202
insurance under Title XXXIX of the Revised Code or a professional 3,203
76
claim administrator, to serve as administrator of that portion of 3,204
the fund set aside to provide such benefits. As used in this 3,205
division, a "professional claim administrator" means any person 3,206
that has experience in the handling of insurance claims and has 3,207
been determined by the department to be fully qualified, 3,208
financially sound, and capable of meeting all of the service 3,209
requirements of the contract of administration under such 3,210
criteria as may be established by rules adopted by the 3,211
department. With respect to the health, medical, hospital, or 3,212
surgical benefits specified in division (A) of section 124.82 of 3,213
the Revised Code, if the fund is the secondary payor of these 3,214
benefits, the amount the professional claim administrator may pay 3,215
is limited to an amount that will yield a benefit no greater than 3,216
the amount that would have been paid if the fund were the primary 3,217
payor of these benefits. 3,218
(3) Adopt rules governing the conditions under which an 3,220
employee may participate in or withdraw from the fund, and the 3,221
procedure by which the employee is to contribute to the fund; 3,222
(4) Adopt rules to ensure that the fund is actuarially 3,224
sound; 3,225
(5) Adopt rules to ensure the integrity of the fund, and 3,227
to ensure that the fund be used solely for the purpose specified 3,228
in division (A) of this section. 3,229
The department shall adopt all rules pursuant to this 3,231
section in accordance with Chapter 119. of the Revised Code. 3,232
(D) Amounts withheld from employees, amounts contributed 3,234
by the state or from federal funds, and all amounts contributed 3,235
by any state authority, shall be credited to the fund. All other 3,236
income, including the income derived from any dividends and 3,237
distributions, interest earned, premium rate adjustments, or 3,238
other refunds, shall also be credited to the fund. Any amounts 3,239
remaining in the fund after all premiums or subscription charges, 3,240
and other expenses have been paid, shall be retained in the fund 3,241
as a special reserve for adverse fluctuation. 3,242
77
(E) All income derived from the investment of the fund 3,244
shall accrue to the fund. 3,245
(F)(1) The department shall file annually, by the first 3,247
day of March, a complete report of its operations for the 3,248
preceding fiscal year conducted pursuant to this section, with 3,249
the governor, the general assembly, and the superintendent of 3,250
insurance. 3,251
(2) The report shall include a detailed financial 3,253
statement of the fund and the expenses incurred pursuant to this 3,254
section so that the cost of the fund established under this 3,255
section can be determined and identified. The report shall 3,256
include, but not be limited to, the following information 3,257
concerning the fund: 3,258
(a) Assets and liabilities; 3,260
(b) Income and expenditures; 3,262
(c) Benefits paid and the reserves for losses incurred but 3,264
not yet paid, including potential losses and unreported losses; 3,265
(d) Cost of any excess insurance or conversion coverage or 3,267
of any other kind of insurance obtained to cover potential 3,268
losses, or provide supplemental benefits; 3,269
(e) Direct and indirect costs attributable to the use of 3,271
outside consultants, independent contractors, and any other 3,272
persons who are not state employees; 3,273
(f) The cost of developing, monitoring, and evaluating 3,275
cost containment plans as required by the department and the 3,276
savings derived from those plans. 3,277
The financial information required by divisions (F)(2)(a) 3,279
to (F)(2)(f) of this section shall be certified by an independent 3,280
certified public accountant or independent public accountant 3,281
selected by the department who, by reason of knowledge and 3,282
experience, is especially qualified in insurance accounting. 3,283
(3) The report shall also contain the following 3,285
information: 3,286
(a) The actuarial report for the preceding calendar year 3,288
78
and any other studies or evaluations prepared in the preceding 3,289
year pursuant to division (G) of this section; 3,290
(b) A description of the benefits provided by the fund and 3,292
the number of state employees covered under the fund; 3,293
(c) The rights of state employees who terminate their 3,295
employment and the extent of benefits or coverages thereafter 3,296
available to those persons and their dependents; 3,297
(d) Any other information which is relevant in order to 3,299
make full, fair, and effective disclosure of the operations of 3,300
the fund conducted pursuant to this section. 3,301
(G) The department shall have prepared every year, by a 3,303
competent actuary familiar with health and life insurance, a 3,304
report showing a complete actuarial evaluation of the fund and 3,305
the adequacy of the rates of contribution, which report shall 3,306
contain such recommendations as the actuary considers advisable. 3,307
The department may at any time request the actuary to make any 3,308
studies or evaluations to determine the adequacy of the rates of 3,309
contribution, and such rates may be adjusted by the department, 3,310
as recommended by the actuary, effective as of the first of any 3,311
fiscal year thereafter. 3,312
(H) Any new cost resulting from the enactment of this 3,314
section shall be reported pursuant to division (F)(2) of this 3,315
section. 3,316
Sec. 124.92. If the superintendent of insurance has 3,325
approved all or a portion of a service area expansion of a health 3,326
insuring corporation into an additional county or counties, the 3,327
department of administrative services shall authorize the 3,328
corporation, at the next open enrollment period conducted by the 3,330
department UPON THE CORPORATION'S MEETING THE DEPARTMENT'S
ESTABLISHED PARTICIPATION CRITERIA, to participate in the NEXT 3,331
open enrollment for state employees who reside in the expanded 3,333
service area, if both of the following apply: 3,334
(A) The open enrollment is conducted in accordance with 3,336
section 1751.15 of the Revised Code; 3,337
79
(B) Prior PRIOR to the expansion of the service area, 3,339
fewer than two health insuring corporations were available to 3,342
state employees in the county or counties into which the 3,343
corporation expanded.
Sec. 125.041. Nothing in sections 125.02 or 125.04, 125.03 3,353
to 125.08, 125.12 TO 125.16, 125.31 TO 125.76, OR 125.831 of the 3,354
Revised Code shall be construed as limiting the attorney general, 3,356
auditor of state, secretary of state, or treasurer of state in 3,357
any of the following:
(A) Purchases for less than fifty thousand dollars THE 3,359
DOLLAR AMOUNTS FOR THE PURCHASE OF SUPPLIES OR SERVICES 3,360
DETERMINED PURSUANT TO DIVISION (D) OF SECTION 125.05 OF THE 3,361
REVISED CODE;
(B) Purchases for fifty thousand dollars or more THAT 3,363
EQUAL OR EXCEED THE DOLLAR AMOUNTS FOR THE PURCHASE OF SUPPLIES 3,364
OR SERVICES DETERMINED PURSUANT TO DIVISION (D) OF SECTION 125.05 3,365
OF THE REVISED CODE with the approval of the controlling board, 3,366
if such THAT approval is required by section 127.16 of the 3,368
Revised Code;
(C) The final determination of the nature or quantity 3,370
making any purchase of supplies or services to be purchased 3,371
pursuant to section 125.06 of the Revised Code; 3,372
(D) THE FINAL DETERMINATION AND DISPOSAL OF EXCESS AND 3,374
SURPLUS SUPPLIES; 3,375
(E) THE INVENTORY OF STATE PROPERTY; 3,377
(F) THE PURCHASE OF PRINTING; 3,379
(G) THE FLEET MANAGEMENT PROGRAM. 3,381
Sec. 125.12. As used in sections 125.12 to 125.14 of the 3,390
Revised Code:
(A) "Excess supplies" means any supplies that have a 3,392
remaining useful life, but that are no longer needed by the 3,393
agency that possesses them.
(B) "Supplies" means all personal property owned by the 3,395
state, including, but not limited to, equipment and materials. 3,396
80
(C) "Surplus supplies" means any supplies no longer having 3,398
any use to the state, including obsolete supplies, scrap 3,399
materials, and supplies that have completed their useful life 3,400
cycle. "Surplus supplies" does not include materials that have 3,401
completed their useful life cycle and are recyclable goods and 3,402
materials, providing that the goods and materials are actually
recycled.
(D) "Transfer" means to transfer either by sale or without 3,404
a sale.
(E) "HAZARDOUS PROPERTY" MEANS ANY PROPERTY SUBJECT TO THE 3,406
JURISDICTION OF OR REGULATED BY THE OHIO ENVIRONMENTAL PROTECTION 3,407
AGENCY. 3,408
Sec. 125.13. (A) Except as otherwise provided in section 3,417
5193.03 5139.03 of the Revised Code, whenever a state agency 3,418
determines that it has excess or surplus supplies, it shall 3,419
notify the director of administrative services. Upon request by 3,420
the director and on forms provided by the director, the state 3,421
agency shall furnish to the director a list of all such THOSE 3,422
excess and surplus supplies and an appraisal of their value. 3,424
(B) The director of administrative services shall take 3,426
immediate possession CONTROL of a state agency's excess and 3,427
surplus supplies, except for those THE FOLLOWING EXCESS AND 3,429
SURPLUS SUPPLIES: 3,430
(1) EXCESS OR SURPLUS SUPPLIES that have a value below the 3,432
minimum value THAT the director establishes for excess and 3,433
surplus supplies under division (D)(E) of this section. The; 3,434
(2) EXCESS OR SURPLUS SUPPLIES THAT THE DIRECTOR HAS 3,436
AUTHORIZED AN AGENCY TO DONATE TO A PUBLIC ENTITY, INCLUDING, BUT 3,437
NOT LIMITED TO, PUBLIC SCHOOLS AND SURPLUS COMPUTERS AND COMPUTER 3,438
EQUIPMENT TRANSFERRED TO A PUBLIC SCHOOL UNDER DIVISION (G) OF 3,439
THIS SECTION;
(3) EXCESS OR SURPLUS SUPPLIES THAT AN AGENCY TRADES IN AS 3,441
FULL OR PARTIAL PAYMENT WHEN PURCHASING A REPLACEMENT ITEM; 3,442
(4) HAZARDOUS PROPERTY. 3,444
81
(C) THE director shall inventory excess and surplus 3,447
supplies in the director's possession CONTROL and may have the 3,449
supplies repaired.
(C)(D) The director may do either of the following: 3,451
(1) Dispose of declared surplus or excess supplies in the 3,454
director's possession CONTROL by sale, lease, DONATION, or 3,456
transfer. If the director does so, the director shall dispose of 3,458
such THOSE supplies in the following order of priority: 3,460
(a) To state agencies; 3,462
(b) To state-supported or state-assisted institutions of 3,464
higher education; 3,465
(c) To tax-supported agencies, municipal corporations, or 3,467
other political subdivisions of this state; 3,468
(d) To the general public by auction, sealed bid, or 3,470
negotiation. 3,471
(2) If the director has attempted to dispose of any 3,473
declared surplus or excess motor vehicle that does not exceed 3,474
four thousand five hundred dollars in value pursuant to divisions 3,475
(C)(D)(1)(a) to (c) of this section, donate the motor vehicle to 3,477
a nonprofit organization exempt from federal income taxation 3,478
pursuant to 26 U.S.C. 501(a) and (c)(3) for the purpose of 3,479
meeting the transportation needs of participants in the Ohio 3,480
works first program established under Chapter 5107. of the 3,481
Revised Code and participants in the prevention, retention, and 3,482
contingency program established under Chapter 5108. of the 3,483
Revised Code, the. THE director may not donate a motor vehicle 3,484
furnished to the state highway patrol to a nonprofit organization 3,485
pursuant to this division.
(D)(E) The director may adopt rules governing the sale, 3,487
lease, or transfer of surplus and excess supplies in the 3,488
director's possession CONTROL by public auction, sealed bid, or 3,489
negotiation, except that no employee of the disposing agency 3,491
shall be allowed to purchase, lease, or receive any such 3,492
supplies. The director may dispose of declared surplus or excess 3,493
82
supplies, including motor vehicles, in the director's possession 3,495
CONTROL as the director determines proper if such supplies cannot 3,496
be disposed of pursuant to division (C)(D) of this section. The 3,497
director shall by rule establish a minimum value for excess and 3,499
surplus supplies and prescribe procedures for a state agency to 3,501
follow in disposing of excess and surplus supplies in its 3,502
possession CONTROL that have a value below the minimum value 3,504
established by the director.
(E)(F) No state-supported or state-assisted institution of 3,506
higher education, tax-supported agency, municipal corporation, or 3,507
other political subdivision of this state shall sell, lease, or 3,508
transfer excess or surplus supplies acquired under this section 3,509
to private entities or the general public at a price greater than 3,510
the price it originally paid for such THOSE supplies. 3,511
(G) THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY AUTHORIZE 3,513
ANY STATE AGENCY TO TRANSFER SURPLUS COMPUTERS AND COMPUTER 3,514
EQUIPMENT THAT ARE NOT NEEDED BY OTHER STATE AGENCIES DIRECTLY TO 3,515
AN ACCREDITED PUBLIC SCHOOL WITHIN THE STATE. THE COMPUTERS AND 3,516
COMPUTER EQUIPMENT MAY BE REPAIRED OR REFURBISHED PRIOR TO 3,517
TRANSFER. THE STATE AGENCY MAY CHARGE A SERVICE FEE TO THE 3,518
PUBLIC SCHOOLS FOR THE PROPERTY NOT TO EXCEED THE DIRECT COST OF
REPAIRING OR REFURBISHING IT. THE STATE AGENCY SHALL DEPOSIT 3,519
SUCH FUNDS INTO THE ACCOUNT USED FOR REPAIR OR REFURBISHMENT. 3,520
Sec. 125.21. The director of administrative services shall 3,529
prepare PROCESS payroll journals INFORMATION for the purpose of 3,531
payment for personal services of state officials and employees on 3,532
the basis of rates of pay determined by pertinent law, the 3,533
director, or other competent authority. 3,534
Calculation of payrolls may be made after the conclusion of 3,536
each pay period based upon the amount of time served as certified 3,537
by the appropriate appointing authority. Payment for personal 3,538
service rendered by an official or employee during any pay period 3,539
shall be made no later than at the conclusion of the official's 3,540
or employee's next succeeding pay period. 3,541
83
The director shall furnish to the auditor of state all 3,543
necessary data for drawing state official and employee pay 3,544
warrants and preparing earning statements. These data shall 3,545
include the rate at which paid; the time for which paid, 3,546
including overtime and any other adjustments affecting the 3,547
official's or employee's gross pay; all taxes withheld, 3,548
including, whenever practicable, year-to-date figures on all 3,549
taxes withheld; the amount of contribution to the appropriate 3,550
retirement system; any voluntary deductions made in accordance 3,551
with authorizations filed by the official or employee; and 3,552
whether a direct deposit is to be made in accordance with an 3,553
authorization filed by the official or employee. 3,554
Amounts deducted from the salaries or wages of all 3,556
officials and employees shall be transferred to the payroll 3,557
withholding fund, which is hereby created in the state treasury 3,558
for the purpose of consolidating all such deductions made in any 3,559
month. Payments from this fund shall be made at intervals for 3,560
the intended purpose of the deduction or for refund where it is 3,561
determined that deductions were made in error. 3,562
Sec. 125.211. (A) There is hereby created in the state 3,571
treasury the accrued leave liability fund, for the purpose of 3,572
paying both of the following: 3,573
(1) The annual cash benefit payable for every hour of 3,575
unused sick leave credit that is converted pursuant to section 3,576
124.383 of the Revised Code and for every hour of unused personal 3,578
leave credit that is converted pursuant to section 124.386 of the 3,579
Revised Code;
(2) Upon separation from state service, the obligation of 3,581
the state to compensate its employees, including employees listed 3,583
in division (B)(2) OR (4) of section 124.14 of the Revised Code 3,584
and employees in bargaining units who do not receive vacation 3,587
leave, sick leave, or personal leave under Chapter 124. of the 3,589
Revised Code, for unused vacation leave, sick leave, or personal 3,590
leave credit. Any interest earned on the balances in the fund 3,591
84
shall be credited to the fund.
(B) In performing the calculations required by section 3,593
125.21 of the Revised Code, the director of administrative 3,594
services shall charge to the appropriate salary account an amount 3,595
sufficient to make the payments provided in division (A) of this 3,596
section. 3,597
(C) The director of administrative services, in 3,599
consultation with the director of budget and management, shall 3,600
develop the procedures to carry out this section. 3,602
(D) Amounts from the accrued leave liability fund may be 3,605
used to pay direct and indirect costs that are attributable to 3,606
consultants or a third-party administrator and that are necessary 3,607
to carry out this section. 3,608
Sec. 125.48. Biennially, between the first day of June and 3,620
the first day of August, the THE department of administrative 3,621
services shall give notice pursuant to sections 125.07 and 125.08 3,622
of the Revised Code that sealed proposals will be received at its 3,623
office for executing the several classes ONE, TWO, THREE, AND 3,624
FOUR of public printing, including the necessary binding for the 3,625
term of two years from the first Monday of October next ensuing 3,626
for classes one and two printing, and terms not to exceed two 3,627
years for classes three and four. 3,628
bureau employment services 3,630
Sec. 156.04. (A) In accordance with this section, the 3,639
director of administrative services may enter into an installment 3,640
payment contract for the implementation of one or more energy 3,641
saving measures. If the director wishes an installment payment 3,642
contract to be exempted from Chapter 153. of the Revised Code, he 3,643
THE DIRECTOR shall proceed pursuant to section 156.03 of the 3,644
Revised Code. 3,645
(B) Any installment payment contract under this section 3,647
for one or more energy saving measures shall provide that all 3,648
payments, except payments for repairs and obligations on 3,649
termination of the contract prior to its expiration, are to be a 3,650
85
stated percentage of calculated savings of energy and operating 3,651
costs attributable to the one or more measures over a defined 3,652
period of time and are to be made only to the extent that such 3,653
THOSE savings actually occur. No such contract shall contain any 3,654
of the following: 3,655
(1) A requirement of any additional capital investment or 3,657
contribution of funds, other than funds available from state or 3,658
federal grants; 3,659
(2) In the case of a contract for an energy saving measure 3,661
that is a cogeneration system described in division (H) of 3,662
section 156.01 of the Revised Code, a PAYMENT term longer than 3,663
five years; 3,664
(3) In the case of a contract for any energy saving 3,666
measure that is not a cogeneration system, a PAYMENT term longer 3,667
than ten years. 3,668
(C) Any installment payment contract entered into under 3,670
this section shall terminate no later than the last day of the 3,671
fiscal biennium for which funds have been appropriated to the 3,672
department of administrative services by the general assembly and 3,673
shall be renewed in each succeeding fiscal biennium in which any 3,674
balance of the contract remains unpaid, provided that both an 3,675
appropriation for that succeeding fiscal biennium and the 3,676
certification required by section 126.07 of the Revised Code are 3,677
made. 3,678
Sec. 2716.03. (A) A SUBJECT TO THE LIMITATION ON THE 3,688
COMMENCEMENT OF PROCEEDINGS CONTAINED IN DIVISION (B) OF SECTION 3,689
124.10 OF THE REVISED CODE, A proceeding in garnishment of 3,690
personal earnings may be commenced after a judgment has been 3,691
obtained by a judgment creditor by the filing of an affidavit in 3,692
writing made by the judgment creditor or the judgment creditor's 3,693
agent or the judgment creditor's attorney setting forth all of 3,694
the following:
(1) The name of the judgment debtor whose personal 3,696
earnings the judgment creditor seeks to garnish; 3,697
86
(2) That the affiant has good reason to believe and does 3,699
believe that the person, partnership, or corporation named in the 3,700
affidavit as the garnishee is an employer of the judgment debtor 3,701
who has personal earnings of the judgment debtor that are not 3,702
exempt under section 2329.66 of the Revised Code; 3,703
(3) That the demand in writing, as required by section 3,705
2716.02 of the Revised Code, has been made; 3,706
(4) That the payment demanded in the notice required by 3,708
section 2716.02 of the Revised Code has not been made, nor has a 3,710
sufficient portion been made to prevent the garnishment of 3,711
personal earnings as described in section 2716.02 of the Revised 3,712
Code;
(5) That THE affiant has no knowledge of any application 3,714
by the judgment debtor for the appointment of a trustee so as to 3,715
preclude the garnishment of THE judgment debtor's personal 3,716
earnings;
(6) That the affiant has no knowledge that the debt to 3,718
which the affidavit pertains is the subject of a debt scheduling 3,719
agreement of such a nature that it precludes the garnishment of 3,720
the personal earnings of the judgment debtor under division (B) 3,721
of this section. 3,722
(B) No proceeding in garnishment of personal earnings 3,724
shall be brought against a judgment debtor sooner than thirty 3,725
days after the filing of the last successful proceeding in 3,726
garnishment of personal earnings against the judgment debtor, 3,727
regardless of who brings the proceeding or who brought the last 3,728
successful proceeding. No proceeding in garnishment of personal 3,729
earnings shall be brought against a judgment debtor for the 3,730
collection of a debt that is the subject of an agreement for debt 3,731
scheduling between the judgment debtor and a budget and debt 3,733
counseling service, unless any payment to be made by the judgment 3,734
debtor, or by a budget and debt counseling service to the 3,736
judgment creditor under the agreement for debt scheduling between 3,737
the judgment debtor and the budget and debt counseling service, 3,739
87
is due and unpaid for more than forty-five days after the date on 3,740
which the payment became due, or unless the judgment creditor 3,741
previously was notified by the service that the debt scheduling 3,742
agreement between the judgment debtor and the service was 3,743
terminated. 3,744
(C) Upon the filing of a proceeding in garnishment of 3,746
personal earnings under this section, the garnishee and the 3,747
judgment debtor shall be notified of the proceeding in accordance 3,748
with sections 2716.05 and 2716.06 of the Revised Code. 3,749
(D) As used in this chapter: 3,751
(1) A "budget and debt counseling service" or "service" 3,754
means a corporation organized under Chapter 1702. of the Revised 3,755
Code for the purpose of counseling consumers with respect to 3,756
their financial obligations and assisting them in dealing with 3,757
their creditors. 3,758
(2) "Debt scheduling" means counseling and assistance 3,760
provided to a consumer by a budget and debt counseling service 3,762
under all of the following circumstances: 3,763
(a) The counseling and assistance is manifested in an 3,765
agreement between the consumer and the service under which the 3,766
consumer regularly pays that portion of the consumer's income to 3,767
the service that has been determined not to be required for the 3,769
maintenance of health or the essentials of life; 3,770
(b) The payments are made to the service until the debts 3,772
of the consumer that are the subject of the agreement are fully 3,773
retired; 3,774
(c) The service has sent written notice, by certified 3,776
mail, return receipt requested, or by regular mail evidenced by a 3,777
properly completed and stamped certificate of mailing by regular 3,778
mail, to the creditors of the consumer that are disclosed by the 3,779
consumer to the service. The notice shall contain all of the 3,781
following: 3,782
(i) A statement of the consumer's intent to participate in 3,784
debt scheduling; 3,785
88
(ii) A summary of the consumer's income, proposed itemized 3,787
budget, schedule of creditors, and proposed debt retirement plan; 3,788
(iii) A statement of the particular creditor's duty to 3,790
respond, in writing, to the service regarding the consumer's 3,791
participation in debt scheduling within fifteen days after 3,792
receiving the notice. 3,793
(d) The debts of the consumer that are the subject of the 3,795
agreement for debt scheduling are determined as follows: 3,796
(i) Any debt owed to a creditor that was notified of the 3,798
consumer's intent to participate is a subject of the agreement if 3,799
the creditor responds to the service and enters into an agreement 3,800
with the service, pursuant to which agreement the creditor agrees 3,801
not to attempt to collect the debts of the consumer as long as 3,802
the consumer regularly pays to the service the amount previously 3,803
agreed upon by the service and the consumer and no payment to be 3,804
made by the judgment debtor to the service or by the service to 3,805
the creditor is due and unpaid for more than forty-five days 3,806
after the date on which the payment became due, as long as the 3,807
debt scheduling agreement between the consumer and the service 3,808
has not been terminated, and as long as the service regularly 3,809
pays to the creditor a mutually acceptable amount, which amount 3,810
is either the amount agreed upon by the service and the creditor 3,811
on the date they entered into their original agreement or an 3,812
amount agreed upon by both the service and the creditor on a date 3,813
after the date of the original agreement; 3,814
(ii) Any debt owed to a creditor that was notified of the 3,816
consumer's intent to participate is a subject of the agreement if 3,817
the creditor does not respond to the service and state the 3,818
creditor's objection, in writing, to the consumer's participation 3,819
in debt scheduling within fifteen days after receiving notice of 3,820
the consumer's intention to do so; however, no debt that is 3,821
subject to a lien or security interest of any type, other than a 3,822
judgment lien or execution lien, shall be a subject of the 3,823
agreement unless the creditor specifically assents, in writing, 3,824
89
to the debt being a subject of the agreement. The creditor shall 3,825
be considered to have entered into an agreement of the type 3,826
described in division (D)(2)(d)(i) of this section, and the 3,827
amount to be regularly paid by the service to the creditor shall 3,828
be an amount determined to be reasonable by the service or an 3,829
amount agreed upon by both the service and the creditor on a date 3,830
after the expiration of the fifteen-day period. 3,831
(iii) Any debt owed to a creditor that was not notified of 3,833
the consumer's intent to participate, or a debt owed to a 3,834
creditor that was notified of the consumer's intent to 3,835
participate and that responded to the service and stated its 3,836
objection, in writing, to the consumer's participation in debt 3,837
scheduling within fifteen days after receiving notice of the 3,838
consumer's intention to do so is not a subject of the agreement. 3,839
(e) The service agrees that, if the consumer fails to make 3,841
a payment under the agreement within forty-five days of its due 3,842
date or if the agreement is terminated, the service will notify 3,843
each creditor that is owed a debt that is subject to the 3,844
agreement of the failure or termination by regular mail within 3,845
two business days of the failure or termination and the service 3,846
provides that notice in accordance with the agreement. 3,847
Sec. 4141.242. (A) On or after January 1, 1978, the 3,856
state, its instrumentalities, its political subdivisions and 3,857
their instrumentalities, and any subdivision thereof as defined 3,858
in division (H) of this section and described in this section as 3,859
public entities, shall pay to the administrator of the bureau of 3,860
employment services for deposit in the unemployment compensation 3,861
fund an amount in lieu of contributions equal to the full amount 3,862
of regular benefits, and the amount of extended benefits 3,863
chargeable under the terms of section 4141.301 of the Revised 3,864
Code, from that fund that is attributable to service in the 3,865
employ of the public entity, under the same terms and conditions 3,866
as required of nonprofit organizations electing reimbursing 3,867
status under section 4141.241 of the Revised Code; unless the 3,868
90
public entity elects to pay contributions under section 4141.25 3,869
of the Revised Code, under the following conditions: 3,870
(1) Any public entity may elect, after December 31, 1977, 3,872
to become liable for contribution payments, as set forth in 3,873
section 4141.25 of the Revised Code, for a period of not less 3,874
than two calendar years by filing with the administrator a 3,875
written notice of its election. 3,876
(2) The effective date of the election to pay 3,878
contributions shall be the first day of the first calendar 3,879
quarter after the election is approved by the administrator and 3,880
which is at least thirty days after the election notice was 3,881
received. 3,882
(B) No surety bond shall be required of any reimbursing 3,884
public entity, as is required of nonprofit organizations under 3,885
division (C) of section 4141.241 of the Revised Code. Any public 3,886
entity, either reimbursing or contributory, shall, if it becomes 3,887
delinquent in the payment of reimbursements, contributions, 3,888
forfeiture, or interest, be subject to the same terms and the 3,889
same collection procedures as are set forth for reimbursing 3,890
employers under division (B) of section 4141.241 of the Revised 3,891
Code; and as set forth for contributory employers under Chapter 3,892
4141. of the Revised Code THIS CHAPTER. 3,893
(C) The state of Ohio account and the accounts AND 3,896
SUBACCOUNTS of its instrumentalities, as defined in divisions 3,897
(H)(1)(a) and (1)(b) of this section, shall be administered by 3,898
the director of the department of administrative services, in 3,899
coordination with the administrator in accordance with the terms 3,900
and conditions of Chapter 4141. of the Revised Code THIS CHAPTER, 3,901
regarding the determination and payment of benefits attributable 3,903
to service with the state or its instrumentalities. In this 3,904
capacity, the director of the department of administrative 3,905
services shall maintain any necessary ACCOUNTS AND subaccounts 3,906
for the various agencies and departments of the state and, 3,908
through the director of the office of budget and management, 3,909
91
apportion among the various state entities, and collect, the 3,910
costs of unemployment benefits, as billed by the bureau of 3,911
employment services, EXCEPT THAT ANY OF THE INDIVIDUAL AGENCIES 3,912
AND DEPARTMENTS FOR WHICH SUCH ACCOUNTS AND SUBACCOUNTS ARE
MAINTAINED MAY, WITH THE CONCURRENCE OF THE DIRECTOR OF 3,913
ADMINISTRATIVE SERVICES AND THE ADMINISTRATOR, BE DESIGNATED TO 3,914
RECEIVE BILLINGS DIRECTLY FROM THE ADMINISTRATOR AND MAKE PAYMENT 3,915
IN RESPONSE TO SUCH BILLINGS DIRECTLY TO THE ADMINISTRATOR. The 3,916
ANY moneys so PAID DIRECTLY UNDER THIS DIVISION AND collected BY 3,917
THE DIRECTOR OF ADMINISTRATIVE SERVICES shall be forwarded to the 3,919
administrator for deposit in the fund established by division (A) 3,920
of section 4141.09 of the Revised Code, and shall be credited to 3,921
the accounts of the state and its instrumentalities. 3,922
(D) The accounts of the various local subdivisions, and 3,924
their instrumentalities shall be administered by appropriate 3,925
officials, as designated to the administrator when the accounts 3,926
are established. 3,927
(E) Two or more reimbursing public entities may file a 3,929
joint application to the administrator for the establishment of a 3,930
group account, for the purpose of sharing the cost of benefits 3,931
attributable to service with the public entities, under the 3,932
conditions provided for nonprofit organizations under division 3,933
(D) of section 4141.241 of the Revised Code. 3,934
(F) Two or more public entities that have elected to pay 3,936
contributions may apply for a common rate under division (I) of 3,937
section 4141.24 of the Revised Code. Clear authority, 3,938
resolution, or ordinance for combining must be presented with the 3,939
application requesting the common rate status. Applications must 3,940
be filed by the first day of October of any year, to be effective 3,941
for the following calendar year. 3,942
(G) A public entity, either reimbursing or one electing to 3,944
pay contributions, shall be liable for the full amount of any 3,945
regular benefits paid that are attributable to service in the 3,946
employ of the public entity during the base period of a benefit 3,947
92
claim, and any extended benefits paid based on service as 3,948
provided in divisions (G)(1)(b) and (1)(c) of section 4141.301 of 3,949
the Revised Code. Where a public entity has changed from a 3,950
reimbursing status to a contributory status, during the base 3,951
period of the benefit claim, then the benefit charges 3,952
attributable to service with the reimbursement account shall be 3,953
charged to the reimbursement account; and, the charges 3,954
attributable to the contributory account shall be charged to that 3,955
account. The same rule shall be applicable to situations where a 3,956
contributory public entity has changed to a reimbursing status 3,957
during the base period of a benefit claim. 3,958
(H)(1) For the purposes of establishing employer status 3,960
and accounts for the state and its instrumentalities, its 3,961
political subdivisions and their instrumentalities, a separate 3,962
account shall be established and maintained for: 3,963
(a) The state, including therein the legislative and 3,965
executive branches, as defined in Articles II and III of the Ohio 3,966
constitution CONSTITUTION, and the Ohio supreme court; 3,967
(b) Each separate instrumentality of the state; 3,969
(c) Each political subdivision of the state, including 3,971
therein the legislative, executive, and judicial functions 3,972
performed for the subdivision; 3,973
(d) Each separate instrumentality of the political 3,975
subdivision; 3,976
(e) Any jointly owned instrumentality of more than one of 3,978
the public entities described in this division, or any jointly 3,979
owned instrumentality of any such public entities and one or more 3,980
other states or political subdivisions thereof. 3,981
(2) For the purposes of Chapter 4141. of the Revised Code 3,983
THIS CHAPTER, the separate accounts, established by this 3,985
division, shall be described as "public entity accounts." 3,986
(I) The administrator, in accordance with any rules that 3,988
he THE ADMINISTRATOR may prescribe, shall notify each public 3,989
entity of any determination which he THE ADMINISTRATOR may make 3,991
93
of its status as an employer and of the effective date of any 3,993
election which it makes and of any termination of the election. 3,994
Any determinations are subject to reconsideration, appeal, and 3,995
review in accordance with sections 4141.26 and 4141.28 of the 3,996
Revised Code.
Sec. 5101.07. Each office, division, bureau, and section 4,006
authorized by section 5101.06 of the Revised Code shall consist 4,007
of a chief and the officers and employees necessary for the 4,008
performance of the functions assigned to it. The director of 4,009
human services shall supervise the work of each office, division, 4,011
bureau, and section and shall be responsible for the 4,012
determination of general policies in the exercise of powers 4,013
vested in the department and powers assigned to each office, 4,014
division, bureau, and section. The chief of each office, 4,015
division, bureau, and section shall be responsible to the 4,017
director for the organization, direction, and supervision of the 4,018
work of the office, division, bureau, or section and the exercise 4,019
of the powers and the performance of the duties of the department 4,020
assigned to such office, division, bureau, or section, and, with 4,022
the approval of the director, may establish other administrative 4,023
units therein. The director shall appoint the chief of each 4,024
office, division, bureau, and section, who, unless placed in the 4,026
unclassified service under section 124.11 of the Revised Code, 4,027
shall be in the classified service, and all other employees of 4,028
the department. The chief of each office, division, bureau, and 4,029
section shall be a person who has had special training and 4,030
experience in the type of work with the performance of which the 4,031
office, division, bureau, or section is charged. If the director 4,034
certifies that any such position can best be filled under 4,035
division (B)(A)(2) of section 124.30 of the Revised Code or 4,036
without regard to residence of the appointee, the department of 4,037
administrative services shall be governed by such certification. 4,038
Each chief of an office, division, bureau, or section, under the 4,040
director of human services, shall have entire executive charge of 4,041
94
the office, division, bureau, or section for which the chief is 4,043
appointed.
All employees holding positions in the classified service 4,045
within the department on June 30, 1966, shall continue to hold 4,046
such positions and this section does not affect their civil 4,047
service status. 4,048
Section 2. That existing sections 124.03, 124.09, 124.10, 4,050
124.11, 124.13, 124.134, 124.14, 124.15, 124.18, 124.181, 124.20, 4,051
124.25, 124.27, 124.30, 124.32, 124.323, 124.327, 124.34, 4,052
124.382, 124.383, 124.384, 124.385, 124.386, 124.387, 124.388, 4,054
124.82, 124.87, 124.92, 125.041, 125.12, 125.13, 125.21, 125.211, 4,055
125.48, 156.04, 2716.03, 4141.242, and 5101.07 and sections 4,056
124.139 and 124.312 of the Revised Code are hereby repealed. 4,059
Section 3. Sections 124.09, 124.14, and 124.27 of the 4,061
Revised Code are presented in this act as composites of the 4,064
sections as amended by both Am. Sub. H.B. 117 and Am. Sub. S.B. 4,065
99 of the 121st General Assembly, with the new language of 4,066
neither of the acts shown in capital letters. Section 125.13 of 4,068
the Revised Code is presented in this act as a composite of the 4,069
section as amended by both Am. Sub. H.B. 215 and Sub. H.B. 408 of 4,070
the 122nd General Assembly, with the new language of neither of 4,072
the acts shown in capital letters. Section 125.48 of the Revised 4,073
Code is presented in this act as a composite of the section as 4,074
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 4,075
acts shown in capital letters. Section 2716.03 of the Revised 4,076
Code is presented in this act as a composite of the section as 4,077
amended by both Am. H.B. 193 and Am. Sub. S.B. 150 of the 121st 4,078
General Assembly, with the new language of neither of the acts 4,079
shown in capital letters. This is in recognition of the 4,080
principle stated in division (B) of section 1.52 of the Revised 4,081
Code that such amendments are to be harmonized where not 4,082
substantively irreconcilable and constitutes a legislative 4,083
finding that such is the resulting version in effect prior to the 4,084
95
effective date of this act.