As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 229 5
1997-1998 6
SENATOR OELSLAGER 8
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A B I L L
To amend sections 124.34, 4117.01, 5501.31, 5513.02, 12
5515.02, 5521.01, and 5525.19, to enact section 13
5501.20, and to repeal section 5501.19 of the 14
Revised Code to make changes in certain laws 15
governing the Department of Transportation in the
areas of appropriation of property for political 17
subdivisions for transportation purposes and the 18
purchase of certain supplies by the Department, 19
to create a pilot program establishing the career 20
professional service within the classified civil 21
service of the Department of Transportation and 22
authorizing the Department to appoint persons to 23
positions within the career professional service,
and to eliminate the right of certain 24
unclassified employees of the Department to
return to classified positions they previously 25
held.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 124.34, 4117.01, 5501.31, 29
5513.02, 5515.02, 5521.01, and 5525.19 be amended and section 30
5501.20 of the Revised Code be enacted to read as follows: 31
Sec. 124.34. The tenure of every officer or employee in 40
the classified service of the state and the counties, civil 41
service townships, cities, city health districts, general health 42
districts, and city school districts thereof, holding a position 43
under this chapter of the Revised Code, shall be during good 44
2
behavior and efficient service, and no such officer or employee 45
shall be reduced in pay or position, fined in excess of five 46
days' pay, suspended, or removed, except as provided in section 47
124.32 of the Revised Code, and for incompetency, inefficiency, 48
dishonesty, drunkenness, immoral conduct, insubordination, 49
discourteous treatment of the public, neglect of duty, violation 50
of such sections or the rules of the director of administrative 51
services or the commission, or any other failure of good 52
behavior, or any other acts of misfeasance, malfeasance, or 53
nonfeasance in office. A finding by the appropriate ethics 54
commission, based upon a preponderance of the evidence, that the 55
facts alleged in a complaint under section 102.06 of the Revised 56
Code constitute a violation of Chapter 102., section 2921.42, or 57
section 2921.43 of the Revised Code may constitute grounds for 58
dismissal. Failure to file a statement or falsely filing a 59
statement required by section 102.02 of the Revised Code may also 60
constitute grounds for dismissal. THE TENURE OF AN EMPLOYEE IN 61
THE CAREER PROFESSIONAL SERVICE OF THE DEPARTMENT OF
TRANSPORTATION IS SUBJECT TO SECTION 5501.20 OF THE REVISED CODE. 63
In any case of a fine, reduction, suspension of more than 65
three working days, or removal, the appointing authority shall 66
furnish such employee with a copy of the order of reduction, 67
suspension, or removal, which order shall state the reasons 68
therefor. Such order shall be filed with the director of 69
administrative services and state personnel board of review, or 70
the commission, as may be appropriate. 71
Within ten days following the filing of such order OR, IN 73
THE CASE OF AN EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE OF THE 74
DEPARTMENT OF TRANSPORTATION, WITHIN TEN DAYS FOLLOWING THE 75
FILING OF A REMOVAL ORDER, the employee may file an appeal, in 77
writing, with the state personnel board of review or the 78
commission. In the event such an appeal is filed, the board or 79
commission shall forthwith notify the appointing authority and 80
shall hear, or appoint a trial board to hear, such appeal within 81
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thirty days from and after its filing with the board or 82
commission, and it may affirm, disaffirm, or modify the judgment 83
of the appointing authority.
In cases of removal or reduction in pay for disciplinary 85
reasons, either the appointing authority or the officer or 86
employee may appeal from the decision of the state personnel 87
board of review or the commission to the court of common pleas of 88
the county in which the employee resides in accordance with the 89
procedure provided by section 119.12 of the Revised Code. 90
In the case of the suspension for any period of time, or a 93
fine, demotion, or removal of a chief of police or a chief of a 94
fire department or any member of the police or fire department of
a city or civil service township, the appointing authority shall 95
furnish such chief or member of a department with a copy of the 96
order of suspension, demotion, or removal, which order shall 97
state the reasons therefor. Such order shall be filed with the 98
municipal or civil service township civil service commission. 99
Within ten days following the filing of such order such chief or 100
member of a department may file an appeal, in writing, with the 101
municipal or civil service township civil service commission. In 102
the event such an appeal is filed, the commission shall forthwith 103
notify the appointing authority and shall hear, or appoint a 104
trial board to hear, such appeal within thirty days from and 105
after its filing with the commission, and it may affirm, 106
disaffirm, or modify the judgment of the appointing authority. 107
An appeal on questions of law and fact may be had from the 108
decision of the municipal or civil service township civil service 109
commission to the court of common pleas in the county in which 110
such city or civil service township is situated. Such appeal 111
shall be taken within thirty days from the finding of the 112
commission. 113
A violation of division (A)(7) of section 2907.03 of the 115
Revised Code is grounds for termination of employment of a 116
nonteaching employee under this section. 117
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Sec. 4117.01. As used in this chapter: 126
(A) "Person," in addition to those included in division 128
(C) of section 1.59 of the Revised Code, includes employee 129
organizations, public employees, and public employers. 130
(B) "Public employer" means the state or any political 132
subdivision of the state located entirely within the state, 133
including, without limitation, any municipal corporation with a 134
population of at least five thousand according to the most recent 135
federal decennial census; county; township with a population of 136
at least five thousand in the unincorporated area of the township 137
according to the most recent federal decennial census; school 138
district; governing authority of a community school established 139
under Chapter 3314. of the Revised Code; state institution of 140
higher learning; public or special district; state agency, 141
authority, commission, or board; or other branch of public 142
employment.
(C) "Public employee" means any person holding a position 144
by appointment or employment in the service of a public employer, 145
including any person working pursuant to a contract between a 146
public employer and a private employer and over whom the national 147
labor relations board has declined jurisdiction on the basis that 148
the involved employees are employees of a public employer, 149
except: 150
(1) Persons holding elective office; 152
(2) Employees of the general assembly and employees of any 154
other legislative body of the public employer whose principal 155
duties are directly related to the legislative functions of the 156
body; 157
(3) Employees on the staff of the governor or the chief 159
executive of the public employer whose principal duties are 160
directly related to the performance of the executive functions of 161
the governor or the chief executive; 162
(4) Persons who are members of the Ohio organized militia, 164
while training or performing duty under section 5919.29 or 165
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5923.12 of the Revised Code; 166
(5) Employees of the state employment relations board; 168
(6) Confidential employees; 170
(7) Management level employees; 172
(8) Employees and officers of the courts, assistants to 174
the attorney general, assistant prosecuting attorneys, and 175
employees of the clerks of courts who perform a judicial 176
function; 177
(9) Employees of a public official who act in a fiduciary 179
capacity, appointed pursuant to section 124.11 of the Revised 180
Code; 181
(10) Supervisors; 183
(11) Students whose primary purpose is educational 185
training, including graduate assistants or associates, residents, 186
interns, or other students working as part-time public employees 187
less than fifty per cent of the normal year in the employee's 188
bargaining unit; 189
(12) Employees of county boards of election; 191
(13) Seasonal and casual employees as determined by the 193
state employment relations board; 194
(14) Part-time faculty members of an institution of higher 196
education; 197
(15) Employees of the state personnel board of review; 199
(16) Employees of the board of directors of the Ohio 201
low-level radioactive waste facility development authority 202
created in section 3747.05 of the Revised Code; 203
(17) Participants in a work activity, developmental 207
activity, or alternative work activity under sections 5107.40 to
5107.69 of the Revised Code who perform a service for a public 211
employer that the public employer needs but is not performed by 212
an employee of the public employer if the participant is not 214
engaged in paid employment or subsidized employment purusant to
the activity; 215
(18) EMPLOYEES INCLUDED IN THE CAREER PROFESSIONAL SERVICE 217
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OF THE DEPARTMENT OF TRANSPORTATION UNDER SECTION 5501.20 OF THE 218
REVISED CODE. 219
(D) "Employee organization" means any labor or bona fide 221
organization in which public employees participate and that 222
exists for the purpose, in whole or in part, of dealing with 223
public employers concerning grievances, labor disputes, wages, 224
hours, terms, and other conditions of employment. 225
(E) "Exclusive representative" means the employee 227
organization certified or recognized as an exclusive 228
representative under section 4117.05 of the Revised Code. 229
(F) "Supervisor" means any individual who has authority, 231
in the interest of the public employer, to hire, transfer, 232
suspend, lay off, recall, promote, discharge, assign, reward, or 233
discipline other public employees; to responsibly direct them; to 234
adjust their grievances; or to effectively recommend such action, 235
if the exercise of that authority is not of a merely routine or 236
clerical nature, but requires the use of independent judgment, 237
provided that: 238
(1) Employees of school districts who are department 240
chairpersons or consulting teachers shall not be deemed 241
supervisors; 242
(2) With respect to members of a police or fire 244
department, no person shall be deemed a supervisor except the 245
chief of the department or those individuals who, in the absence 246
of the chief, are authorized to exercise the authority and 247
perform the duties of the chief of the department. Where prior 248
to June 1, 1982, a public employer pursuant to a judicial 249
decision, rendered in litigation to which the public employer was 250
a party, has declined to engage in collective bargaining with 251
members of a police or fire department on the basis that those 252
members are supervisors, those members of a police or fire 253
department do not have the rights specified in this chapter for 254
the purposes of future collective bargaining. The state 255
employment relations board shall decide all disputes concerning 256
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the application of division (F)(2) of this section. 257
(3) With respect to faculty members of a state institution 259
of higher education, heads of departments or divisions are 260
supervisors; however, no other faculty member or group of faculty 261
members is a supervisor solely because the faculty member or 262
group of faculty members participate in decisions with respect to 263
courses, curriculum, personnel, or other matters of academic 264
policy; 265
(4) No teacher as defined in section 3319.09 of the 267
Revised Code shall be designated as a supervisor or a management 268
level employee unless the teacher is employed under a contract 269
governed by section 3319.01, 3319.011, or 3319.02 of the Revised 270
Code and is assigned to a position for which a license deemed to 272
be for administrators under state board rules is required 273
pursuant to section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual 275
obligation of the public employer, by its representatives, and 276
the representatives of its employees to negotiate in good faith 277
at reasonable times and places with respect to wages, hours, 278
terms, and other conditions of employment and the continuation, 279
modification, or deletion of an existing provision of a 280
collective bargaining agreement, with the intention of reaching 281
an agreement, or to resolve questions arising under the 282
agreement. "To bargain collectively" includes executing a 283
written contract incorporating the terms of any agreement 284
reached. The obligation to bargain collectively does not mean 285
that either party is compelled to agree to a proposal nor does it 286
require the making of a concession. 287
(H) "Strike" means continuous concerted action in failing 289
to report to duty; willful absence from one's position; or 290
stoppage of work in whole from the full, faithful, and proper 291
performance of the duties of employment, for the purpose of 292
inducing, influencing, or coercing a change in wages, hours, 293
terms, and other conditions of employment. "Strike" does not
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include a stoppage of work by employees in good faith because of 294
dangerous or unhealthful working conditions at the place of 295
employment that are abnormal to the place of employment. 296
(I) "Unauthorized strike" includes, but is not limited to, 298
concerted action during the term or extended term of a collective 299
bargaining agreement or during the pendency of the settlement 300
procedures set forth in section 4117.14 of the Revised Code in 301
failing to report to duty; willful absence from one's position; 302
stoppage of work; slowdown, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of 303
employment for the purpose of inducing, influencing, or coercing 304
a change in wages, hours, terms, and other conditions of 305
employment. "Unauthorized strike" includes any such action, 306
absence, stoppage, slowdown, or abstinence when done partially or 307
intermittently, whether during or after the expiration of the
term or extended term of a collective bargaining agreement or 308
during or after the pendency of the settlement procedures set 309
forth in section 4117.14 of the Revised Code. 310
(J) "Professional employee" means any employee engaged in 312
work that is predominantly intellectual, involving the consistent 314
exercise of discretion and judgment in its performance and 315
requiring knowledge of an advanced type in a field of science or 316
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished 317
from a general academic education or from an apprenticeship; or 318
an employee who has completed the courses of specialized 319
intellectual instruction and is performing related work under the 320
supervision of a professional person to become qualified as a 322
professional employee.
(K) "Confidential employee" means any employee who works 324
in the personnel offices of a public employer and deals with 325
information to be used by the public employer in collective 326
bargaining; or any employee who works in a close continuing 327
relationship with public officers or representatives directly 328
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participating in collective bargaining on behalf of the employer. 329
(L) "Management level employee" means an individual who 331
formulates policy on behalf of the public employer, who 332
responsibly directs the implementation of policy, or who may 333
reasonably be required on behalf of the public employer to assist 334
in the preparation for the conduct of collective negotiations, 335
administer collectively negotiated agreements, or have a major 336
role in personnel administration. Assistant superintendents, 337
principals, and assistant principals whose employment is governed 338
by section 3319.02 of the Revised Code are management level 339
employees. With respect to members of a faculty of a state 340
institution of higher education, no person is a management level 341
employee because of the person's involvement in the formulation 342
or implementation of academic or institution policy. 343
(M) "Wages" means hourly rates of pay, salaries, or other 345
forms of compensation for services rendered. 346
(N) "Member of a police department" means a person who is 348
in the employ of a police department of a municipal corporation 349
as a full-time regular police officer as the result of an 351
appointment from a duly established civil service eligibility
list or under section 737.15 or 737.16 of the Revised Code, a 352
full-time deputy sheriff appointed under section 311.04 of the 353
Revised Code, a township constable appointed under section 509.01 355
of the Revised Code, or a member of a township police district 356
police department appointed under section 505.49 of the Revised 357
Code.
(O) "Members of the state highway patrol" means highway 359
patrol troopers and radio operators appointed under section 360
5503.01 of the Revised Code. 361
(P) "Member of a fire department" means a person who is in 363
the employ of a fire department of a municipal corporation or a 364
township as a fire cadet, full-time regular fire fighter, or 365
promoted rank as the result of an appointment from a duly 366
established civil service eligibility list or under section 367
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505.38, 709.012, or 737.22 of the Revised Code. 368
(Q) "Day" means calendar day. 370
Sec. 5501.20. (A) AS USED IN THIS SECTION: 372
(1) "CAREER PROFESSIONAL SERVICE" MEANS THAT PART OF THE 374
COMPETITIVE CLASSIFIED SERVICE THAT CONSISTS OF EMPLOYEES OF THE 375
DEPARTMENT OF TRANSPORTATION WHO, REGARDLESS OF JOB 376
CLASSIFICATION, MEET BOTH OF THE FOLLOWING QUALIFICATIONS: 377
(a) THEY ARE SUPERVISORS, PROFESSIONAL EMPLOYEES, 379
CONFIDENTIAL EMPLOYEES, OR MANAGEMENT LEVEL EMPLOYEES AS DEFINED 380
IN SECTION 4117.01 OF THE REVISED CODE. 381
(b) THEY EXERCISE AUTHORITY THAT IS NOT MERELY ROUTINE OR 384
CLERICAL IN NATURE AND REPORT ONLY TO A HIGHER LEVEL UNCLASSIFIED 385
EMPLOYEE OR EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE. 386
(2) "DEMOTED" MEANS THAT AN EMPLOYEE IS PLACED IN A 388
POSITION WHERE THE EMPLOYEE'S WAGE RATE EQUALS, OR IS NOT MORE 389
THAN TWENTY PER CENT LESS THAN, THE EMPLOYEE'S WAGE RATE 390
IMMEDIATELY PRIOR TO DEMOTION OR WHERE THE EMPLOYEE'S JOB 391
RESPONSIBILITIES ARE REDUCED, OR BOTH.
(3) "EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE WITH 393
RESTORATION RIGHTS" MEANS AN EMPLOYEE IN THE CAREER PROFESSIONAL 395
SERVICE WHO HAS BEEN IN THE CLASSIFIED CIVIL SERVICE FOR AT LEAST 396
TWO YEARS AND WHO HAS A CUMULATIVE TOTAL OF AT LEAST TEN YEARS OF 397
CONTINUOUS SERVICE WITH THE DEPARTMENT OF TRANSPORTATION. 398
(B) NOT LATER THAN JULY 1, 1998, AND NOT LATER THAN THE 400
FIRST DAY OF JULY OF EACH ODD-NUMBERED YEAR THEREAFTER, THE 402
DIRECTOR OF TRANSPORTATION SHALL ADOPT A RULE IN ACCORDANCE WITH 403
SECTION 111.15 OF THE REVISED CODE THAT ESTABLISHES A BUSINESS 405
PLAN FOR THE DEPARTMENT OF TRANSPORTATION THAT STATES THE 406
DEPARTMENT'S MISSION, BUSINESS OBJECTIVES, AND STRATEGIES AND 407
THAT ESTABLISHES A PROCEDURE BY WHICH EMPLOYEES IN THE CAREER 408
PROFESSIONAL SERVICE WILL BE HELD ACCOUNTABLE FOR THEIR 409
PERFORMANCE. THE DIRECTOR SHALL ADOPT A RULE THAT ESTABLISHES A
BUSINESS PLAN FOR THE DEPARTMENT ONLY ONCE IN EACH TWO YEARS. 411
WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF A RULE THAT 412
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ESTABLISHES A BUSINESS PLAN FOR THE DEPARTMENT, THE DIRECTOR
SHALL ADOPT A RULE IN ACCORDANCE WITH SECTION 111.15 OF THE 414
REVISED CODE THAT IDENTIFIES SPECIFIC POSITIONS WITHIN THE 415
DEPARTMENT OF TRANSPORTATION THAT ARE INCLUDED IN THE CAREER 416
PROFESSIONAL SERVICE. THE DIRECTOR MAY AMEND THE RULE THAT 417
IDENTIFIES THE SPECIFIC POSITIONS INCLUDED IN THE CAREER
PROFESSIONAL SERVICE ONLY WITHIN SIXTY DAYS AFTER THE DIRECTOR 419
ADOPTS A RULE THAT ESTABLISHES A BUSINESS PLAN FOR THE
DEPARTMENT. ANY RULE ADOPTED UNDER THIS DIVISION IS SUBJECT TO 421
REVIEW AND INVALIDATION BY THE JOINT COMMITTEE ON AGENCY RULE 422
REVIEW AS PROVIDED IN DIVISION (D) OF SECTION 111.15 OF THE 424
REVISED CODE. THE DIRECTOR SHALL PROVIDE A COPY OF ANY RULE 426
ADOPTED UNDER THIS DIVISION TO THE DIRECTOR OF BUDGET AND
MANAGEMENT. 427
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AN EMPLOYEE 430
IN THE CAREER PROFESSIONAL SERVICE IS SUBJECT TO THE PROVISIONS 431
OF CHAPTER 124. OF THE REVISED CODE THAT GOVERN EMPLOYEES IN THE 433
CLASSIFIED CIVIL SERVICE.
(C) AFTER AN EMPLOYEE IS APPOINTED TO A POSITION IN THE 436
CAREER PROFESSIONAL SERVICE, THE EMPLOYEE'S DIRECT SUPERVISOR
SHALL PROVIDE THE EMPLOYEE APPOINTED TO THAT POSITION WITH A 438
WRITTEN PERFORMANCE ACTION PLAN THAT DESCRIBES THE DEPARTMENT'S 439
EXPECTATIONS FOR THAT EMPLOYEE IN FULFILLING THE MISSION, 440
BUSINESS OBJECTIVES, AND STRATEGIES STATED IN THE DEPARTMENT'S
BUSINESS PLAN. NO SOONER THAN FOUR MONTHS AFTER BEING APPOINTED 441
TO A POSITION IN THE CAREER PROFESSIONAL SERVICE, AN EMPLOYEE 443
APPOINTED TO THAT POSITION SHALL RECEIVE A WRITTEN PERFORMANCE 444
REVIEW BASED ON THE EMPLOYEE'S FULFILLMENT OF THE MISSION, 445
BUSINESS OBJECTIVES, AND STRATEGIES STATED IN THE DEPARTMENT'S 446
BUSINESS PLAN. AFTER THE INITIAL PERFORMANCE REVIEW, THE 447
EMPLOYEE SHALL RECEIVE A WRITTEN PERFORMANCE REVIEW AT LEAST ONCE 448
EACH YEAR OR AS OFTEN AS THE DIRECTOR CONSIDERS NECESSARY. THE 449
DEPARTMENT SHALL GIVE AN EMPLOYEE WHOSE PERFORMANCE IS 451
UNSATISFACTORY AN OPPORTUNITY TO IMPROVE PERFORMANCE FOR A PERIOD 452
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OF AT LEAST SIX MONTHS, BY MEANS OF A WRITTEN CORRECTIVE ACTION 453
PLAN, BEFORE THE DEPARTMENT TAKES ANY DISCIPLINARY ACTION UNDER 454
THIS SECTION OR SECTION 124.34 OF THE REVISED CODE. THE 455
DEPARTMENT SHALL BASE ITS PERFORMANCE REVIEW FORMS ON ITS 456
BUSINESS PLAN.
(D) AN EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE MAY BE 459
SUSPENDED, DEMOTED, OR REMOVED BECAUSE OF PERFORMANCE THAT 460
HINDERS OR RESTRICTS THE FULFILLMENT OF THE DEPARTMENT'S BUSINESS 461
PLAN OR FOR DISCIPLINARY REASONS UNDER SECTION 124.34 OR 124.57 462
OF THE REVISED CODE. AN EMPLOYEE IN THE CAREER PROFESSIONAL 463
SERVICE MAY APPEAL ONLY THE EMPLOYEE'S REMOVAL TO THE STATE 464
PERSONNEL BOARD OF REVIEW. 465
(E) AN EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE WITH 468
RESTORATION RIGHTS HAS RESTORATION RIGHTS IF DEMOTED BECAUSE OF 469
PERFORMANCE THAT HINDERS OR RESTRICTS FULFILLMENT OF THE MISSION, 470
BUSINESS OBJECTIVES, OR STRATEGIES STATED IN THE DEPARTMENT'S 471
BUSINESS PLAN, BUT NOT IF INVOLUNTARILY DEMOTED OR REMOVED FOR 472
ANY OF THE REASONS DESCRIBED IN SECTION 124.34 OR FOR A VIOLATION 473
OF 124.57 OF THE REVISED CODE. THE DIRECTOR SHALL DEMOTE AN 475
EMPLOYEE WHO HAS RESTORATION RIGHTS OF THAT NATURE TO A POSITION 477
IN THE CLASSIFIED SERVICE THAT IN THE DIRECTOR'S JUDGMENT IS
SIMILAR IN NATURE TO THE POSITION THE EMPLOYEE HELD IMMEDIATELY 479
PRIOR TO BEING APPOINTED TO THE POSITION IN THE CAREER
PROFESSIONAL SERVICE. THE DIRECTOR SHALL ASSIGN TO AN EMPLOYEE 480
WHO IS DEMOTED TO A POSITION IN THE CLASSIFIED SERVICE AS 482
PROVIDED IN THIS DIVISION A WAGE RATE THAT EQUALS, OR THAT IS NOT 483
MORE THAN TWENTY PER CENT LESS THAN, THE WAGE RATE ASSIGNED TO 484
THE EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE IMMEDIATELY PRIOR 485
TO THE EMPLOYEE'S DEMOTION.
(F) THIS SECTION ESTABLISHES A PILOT PROGRAM, COMMENCING 488
ON JULY 1, 1998, FOR EMPLOYEES IN THE CAREER PROFESSIONAL SERVICE 489
OF THE DEPARTMENT OF TRANSPORTATION. AT THE END OF EACH FISCAL 490
BIENNIUM THAT THIS PROGRAM IS IN EFFECT, THE DIRECTOR OF 492
TRANSPORTATION SHALL PREPARE A REPORT DESCRIBING AND EVALUATING 493
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THE OPERATION OF THE PROGRAM AND FORWARD A COPY OF THE REPORT TO 494
THE GOVERNOR, DIRECTOR OF ADMINISTRATIVE SERVICES, SPEAKER OF THE 495
HOUSE OF REPRESENTATIVES, AND PRESIDENT OF THE SENATE.
Sec. 5501.31. The director of transportation shall have 504
general supervision of all roads comprising the state highway 505
system. He THE DIRECTOR may alter, widen, straighten, realign, 506
relocate, establish, construct, reconstruct, improve, maintain, 508
repair, and preserve any road or highway on the state highway 509
system, and, in connection therewith, relocate, alter, widen, 510
deepen, clean out, or straighten the channel of any watercourse 511
as he THE DIRECTOR considers necessary, and purchase or 513
appropriate property for the disposal of surplus materials or 514
borrow pits, and, where an established road has been relocated, 515
establish, construct, and maintain such connecting roads between 516
the old and new location as will provide reasonable access 517
thereto.
The director may purchase or appropriate property necessary 519
for the location or construction of any culvert, bridge, or 520
viaduct, or the approaches thereto, including any property needed 521
to extend, widen, or alter any feeder or outlet road, street, or 522
way adjacent to or under the bridge or viaduct when the 523
extension, widening, or alteration of the feeder road, street, or 524
way is necessary for the full utilization of the bridge or 525
viaduct, or for any other highway improvement. The director also 526
may purchase or appropriate, for such length of time as is 527
necessary and desirable, any additional property required for the 528
construction and maintenance of slopes, detour roads, sewers, 529
roadside parks, rest areas, recreational park areas, scenic view 530
areas, drainage systems, or land to replace wetlands incident to 531
any highway improvement, that he THE DIRECTOR is or may be 532
authorized to locate or construct. Title to property purchased 534
or appropriated by the director shall be taken in the name of the 535
state either in fee simple or in any lesser estate or interest 536
that the director considers necessary or proper, in accordance 537
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with forms to be prescribed by the attorney general. The deed 538
shall contain a description of the property and be recorded in 539
the county where the property is situated and, when recorded, 540
shall be kept on file in the department of transportation. 541
Provided that when property, other than property used by a 543
railroad for operating purposes, is acquired in connection with 544
improvements involving projects affecting railroads wherein the 545
department of transportation is obligated to acquire property 546
under grade separation statutes, or on other improvements wherein 547
the department is obligated to acquire lands under agreements 548
with railroads, or with a public utility, POLITICAL SUBDIVISION, 549
public corporation, or private corporation owning similar 551
TRANSPORTATION facilities for the readjustment or, relocation, OR 553
IMPROVEMENT of their facilities, a fee simple title or an 555
easement may be acquired by purchase or appropriation in the name 556
of the railroad, public utility, POLITICAL SUBDIVISION, public 557
corporation, or private corporation in the discretion of the 558
director. When the title to lands, which are required to adjust, 559
RELOCATE, OR IMPROVE such facilities pursuant to agreements with 561
the director, is taken in the name of the state, the lands may, 562
in the discretion of the director, MAY be conveyed in fee simple 563
or the right acquired to the railroad, PUBLIC utility, POLITICAL 565
SUBDIVISION, or PUBLIC corporation for which they were acquired. 566
The conveyance shall be prepared by the attorney general and 567
executed by the governor and bear the great seal of the state of 568
Ohio.
The director, in the maintenance or repair of state 570
highways, is not limited to the use of the materials with which 571
the highways, including the bridges and culverts thereon, were 572
originally constructed, but may use any material which THAT is 573
proper or suitable. The director may aid the ANY board of county 575
commissioners in establishing, creating, and repairing suitable 576
systems of drainage for all highways within the jurisdiction or 577
control of the board and advise with it as to the establishment, 578
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construction, improvement, maintenance, and repair of the 579
highways. 580
Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517., 582
5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., 583
and 5535. of the Revised Code do not prohibit the federal 584
government, or any individual or corporation, from contributing a 585
portion of the cost of the establishment, construction, 586
reconstruction, relocating, widening, resurfacing, maintenance, 587
and repair of the highways. 588
Except in the case of maintaining, repairing, erecting 590
traffic signs on, or pavement marking of state highways within 591
villages, which is mandatory as required by section 5521.01 of 592
the Revised Code, and except as provided in section 5501.49 of 593
the Revised Code, no duty of constructing, reconstructing, 594
widening, resurfacing, maintaining, or repairing state highways 595
within municipal corporations, or the bridges and culverts 596
thereon, shall attach to or rest upon the director, but he THE 597
DIRECTOR may construct, reconstruct, widen, resurface, maintain, 599
and repair the same with or without the cooperation of any 600
municipal corporation, or with or without the cooperation of 601
boards of county commissioners upon each municipal corporation 602
consenting thereto. 603
Sec. 5513.02. (A) Specifications describing the character 612
of the articles which it THAT THE DEPARTMENT OF TRANSPORTATION is 614
proposed PROPOSING to purchase, and the conditions governing 615
shipment and delivery, shall be kept on file at the department of 616
transportation and open to public inspection throughout the time 617
during which it is required that an invitation to bidders IS 618
REQUIRED TO be posted. The director of transportation may 619
require bids to be accompanied by a certified check payable to 620
him THE DIRECTOR in an amount fixed by him THE DIRECTOR and 621
stated in the invitation to bidders. Persons, firms, or 622
corporations desiring to bid on more than one invitation shall be 623
relieved from furnishing certified checks with their bids 624
16
provided they first furnish a bond payable to the state, in an 625
amount and with surety approved by the director, conditioned for 626
the faithful performances of all contracts which THAT may be 627
awarded to them, and otherwise conditioned as the director 629
requires. All bids shall be publicly opened and read at the time 630
and place mentioned in the notice. All purchases shall be made 631
by the director from the lowest responsive and responsible bidder 632
for each item in accordance with section 9.312 of the Revised 633
Code, EXCEPT WHERE THE DIRECTOR HAS ESTABLISHED IN THE BIDDING 634
DOCUMENTS A PROVISION FOR MULTIPLE AWARDS FOR THE PURCHASE OF 635
ITEMS SUCH AS ASPHALT, AGGREGATES, MACHINERY PARTS, AND OTHERS AS 637
THE DIRECTOR DETERMINES NECESSARY, AND except that in the 638
purchase of machinery, equipment, or supplies for which fixed and 639
definite specifications cannot be prepared, the director may 640
purchase the article ARTICLES meeting the general specifications 641
prescribed and which he THE DIRECTOR finds are most suitable for 642
the uses intended. Sections 5513.01 to 5513.04 of the Revised 644
Code shall apply to the exchange of machinery and equipment and 645
in force account operations where the director desires to combine 646
in one order the furnishing, hauling, and placing of material. 647
The director may purchase or authorize the purchase without 648
notice, or upon such notice as he THE DIRECTOR prescribes, of 649
materials which THAT in his THE DIRECTOR'S judgment may be 651
required for the immediate repair of roads or bridges destroyed 652
or damaged by flood, landslide, or other casualty. No person 653
shall place separate orders for the purpose of defeating such 654
sections, and contracts of purchase shall not be valid unless 655
made in conformity with this section.
(B) Division (B) of section 125.11 of the Revised Code 657
applies to the purchase of products by the director pursuant to 658
sections 5513.01 to 5513.04 of the Revised Code. 659
Sec. 5515.02. All individuals, firms, and corporations 668
using or occupying any part of a road or highway on the state 669
highway system, or the bridges or culverts thereon, with 670
17
telegraph or telephone lines, steam, electrical, or industrial 671
railways, oil, gas, water, or other pipes, mains, conduits, or 672
any object or structure, other than by virtue of a franchise or 673
permit granted and in force, shall remove from the bounds of such 674
THE road, highway, bridge, or culvert, their poles and wires 675
connected therewith, and any tracks, switches, spurs, or oil, 676
gas, water, or other pipes, mains, conduits, or other objects or 677
structures, when in the opinion of the director of transportation 678
they constitute obstructions in such THE roads, highways, 679
bridges, or culverts, or interfere or may interfere with the 680
contemplated construction, reconstruction, improvement, 681
maintenance, or repair of such THE roads, highways, bridges, or 682
culverts thereon, or interfere or may interfere with the THEIR 684
use of such roads, highways, bridges, or culverts thereon, by the 685
traveling public.
All individuals, firms, or corporations so occupying any 687
road or highway on the state highway system, or the bridges or 688
culverts thereon, under and by virtue of a franchise or permit 689
granted and in force, shall relocate their properties and all 690
parts thereof within the bounds of such THE road, highway, 691
bridge, or culvert when in the opinion of the director they 692
constitute obstructions in any such THE road, highway, bridge, or 693
culvert, or interfere with or may interfere with the contemplated 694
construction, reconstruction, improvement, maintenance, or repair 695
of such THE road, highway, bridge, or culvert, or interfere with 697
or may interfere with the ITS use of such road, highway, bridge, 699
or culvert, which. THE relocation within the bounds of such THE 701
road, highway, bridge, or culvert shall be in the manner and to 702
the extent prescribed by the director. 703
If, in the opinion of the director, such individuals, 705
firms, or corporations have obstructed any road or highway on the 706
state highway system, or the bridges or culverts thereon, or if 707
any of their properties, in his THE DIRECTOR'S opinion, are so 708
located that they do or may interfere with the contemplated 710
18
construction, reconstruction, improvement, maintenance, or repair 711
of such THE road, highway, bridge, or culvert, or if, in his 713
opinion, they interfere with or may interfere with the use of 714
such THE road, highway, bridge, or culvert by the traveling 715
public, said THE director shall notify such individual, firm, or 716
corporation directing the removal of such THE obstruction or 717
properties, or the relocation of such THE properties, and, if 718
such individual, firm, or corporation does not within five days 720
from the service of such THE notice proceed to remove or relocate 721
the same OBSTRUCTION OR PROPERTIES and complete the removal or 722
relocation within a reasonable time, the director may remove or 724
relocate the same by employing the necessary labor, tools, and 725
equipment. The costs and expenses shall, in the first instance, 726
be paid by the director out of any appropriation of the
department of transportation available for the establishment, 727
construction, reconstruction, improvement, maintenance, or repair 728
of highways, and the amount thereof shall be certified to the 729
attorney general for collection by civil action. Said notice 730
NOTICE OF THE ACTION shall be served by the sheriff in the manner 731
as summons in civil actions MADE BY PERSONAL SERVICE OR BY 732
CERTIFIED MAIL.
Sec. 5521.01. The director of transportation, upon the 741
request by and the approval of the legislative authority of a 742
village, shall maintain, repair, and apply standard longitudinal 743
pavement marking lines as the director considers appropriate, or 745
may establish, construct, reconstruct, improve, or widen any 746
section of a state highway within the limits of a village. The 747
director also may erect regulatory and warning signs, as defined 748
in the manual adopted under section 4511.09 of the Revised Code, 749
on any section of a state highway within the limits of a village. 750
The director may establish, construct, reconstruct, improve, 751
widen, maintain, or repair any section of state highway within 752
the limits of a city, including the elimination of railway grade 753
crossings, and pay the entire or any part of the cost and expense 754
19
thereof from state funds, but in all cases the director first 756
shall obtain the consent of the legislative authority of the
municipal corporation, except that the director need not obtain 758
the consent of the municipal corporation if the existing highway 759
being changed or the location of an additional highway being 760
established was not within the corporate limits of the municipal 761
corporation at the time the director determines the establishment 762
or change should be made, or if the director is acting pursuant 764
to section 5501.49 of the Revised Code. 765
Except as provided in section 5501.49 of the Revised Code, 767
when in the opinion of the director there is urgent need to 768
establish a state highway, which is to be designated a federal 769
aid highway, or a federal aid interstate highway within a 770
municipal corporation or, in the opinion of the director, any 771
federal aid highway or interstate federal aid highway is in 772
urgent need of repair, reconstruction, widening, improvement, or 773
relocation, so as to accommodate the traveling public, the 774
director shall submit a written request to the legislative 775
authority of the municipal corporation for its consent to the 776
desired establishment or improvement. The legislative authority, 777
within sixty days after such THE written request has been 778
received from the director, shall either SHALL grant its consent 779
to the establishment or improvement or refuse consent by filing 780
in writing with the director a statement of its reasons for 781
refusing consent and any alternate proposals it considers 782
reasonable. If the legislative authority fails to act or refuses 783
consent, the director, upon consideration of the reasons for 784
rejection, may make a resolution declaring the necessity of the 785
establishment or improvement, and then proceed in the same manner 787
as if consent had been given. A certified copy of the resolution 788
shall be served upon the municipal legislative authority, which, 789
within twenty days from the date of service, may appeal to the 790
court of common pleas of the county in which the municipal 791
corporation is situated, upon the reasonableness and necessity of 792
20
the action provided for in the resolution. In the hearing upon 793
appeal, the director shall introduce the record of the director's 794
proceedings, including the director's findings with respect to 796
factors referred to in section 5521.011 of the Revised Code, and 797
such other competent evidence as the director desires in support 798
of the director's resolution, and the municipality likewise may 799
introduce competent evidence opposing the resolution, and 800
findings. The court may affirm or revoke the resolution. The 801
decision of the common pleas court may be appealed to the court 802
of appeals and the supreme court as in other cases. If the court 803
affirms the resolution, the director may proceed with the 804
establishment or improvement with or without the cooperation of 805
the municipal corporation. Any such municipal corporation may 806
cooperate with the director in the work and pay such portion of 807
the cost as is agreed upon between the municipal corporation and 808
the director. The legislative authority of any municipal 809
corporation desiring to cooperate, by resolution, may propose 810
such cooperation to the director, and a copy of the resolution, 811
which shall set forth the proportion of the cost and expense to 812
be contributed by the municipal corporation, shall be filed with 813
the director. The director shall cause to be prepared the 814
necessary surveys, plans, profiles, cross sections, estimates, 815
and specifications and shall file copies of them with the 817
legislative authority of the municipal corporation. After the 819
legislative authority has approved the surveys, plans, profiles, 820
cross sections, estimates, and specifications, and after the 821
municipal corporation has provided the funds necessary to meet 822
the portion of the cost of the work assumed by it, the municipal 823
corporation shall enter into a contract with the state providing 824
for payment by the municipal corporation of the agreed portion of 825
the cost. The form of the contract shall be prescribed by the 826
attorney general, and all such contracts shall be submitted to 827
the attorney general DIRECTOR and approved by the attorney 828
general before the director advertises ADVERTISING for bids. 829
21
Section 5705.41 of the Revised Code applies to such contract to 830
be made by the municipal corporation, and a duplicate of the 831
certificate of the chief fiscal officer of the municipal 832
corporation shall be filed in the office of the director. That 833
part of the cost of the work assumed by the municipal corporation 834
shall be paid from the proceeds of taxes or special assessments, 835
or both, or from the proceeds of notes or bonds issued and sold 836
in anticipation of the collection of such THE taxes and 837
assessments. For the purpose of providing funds for the payment 838
of that part of the cost of the work assumed by the municipal 839
corporation, the municipal corporation has the same authority to 840
make special assessments, levy taxes, and issue bonds or notes, 841
in anticipation of the collection of the same, as it has with 842
respect to improvements constructed under the sole supervision 843
and control of the municipal corporation. All such assessments 844
shall be made, taxes levied, and bonds or notes issued and sold 845
under such conditions and restrictions as may be provided with 846
respect to assessments, taxes, bonds, or notes made, levied, 847
issued, or sold in connection with improvements of the same class 848
and character constructed under the sole supervision and control 849
of the municipal corporation. The improvement shall be 850
constructed under the sole supervision of the director. The 851
proportion of the cost and expense payable by the municipal 852
corporation shall be paid by the proper officers thereof, upon 853
the requisition of the director, and at times during the progress 854
of the work as may be determined by the director or as may be 855
otherwise provided by law. 856
Sec. 5525.19. Payment for the cost of the establishment, 865
construction, reconstruction, improvement, maintenance, and 866
repair of a highway under Chapters 5501., 5503., 5511., 5513., 867
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 868
5529., 5531., 5533., and 5535. of the Revised Code shall be made 869
at intervals of not more LESS than one ONCE A month as the work 871
progresses, upon estimates made by the district deputy director 872
22
of transportation in charge of such THE improvement and upon 873
approval of the director of transportation. Except as provided 875
in this section, no payment by the state on account of a contract 876
for any improvement under such chapters shall, before the 877
completion of the contract, exceed ninety-two per cent of the 878
value of the work performed to the date of such payment, and 879
eight per cent of the value of work performed shall be held until 880
the final completion of the contract in accordance with the plans 881
and specifications. In addition to the above payments on account 882
of work performed, the director may allow and pay to a contractor 883
a sum not exceeding ninety-two per cent of the value of material 884
delivered on the site of the work, or in the vicinity thereof, 885
but not yet incorporated therein, provided such material has been 886
inspected and found to meet the specifications. When an estimate 887
is allowed on account of material delivered on the site of the 888
work or in the vicinity thereof, but not yet incorporated 889
therein, such THE material shall become the property of the 890
state, but if such THE material is stolen, destroyed, or damaged 891
by casualty before being used, or for any reason becomes unfit 893
for use, the contractor shall replace the material at his THE 894
CONTRACTOR'S own expense. When the retained percentage, plus the 896
difference between the contract price and the estimates allowed, 897
exceeds by more than eight per cent the estimated cost of 898
completing the work, as determined by the director, he may pay 899
the contractor all or any part of the excess sum, retaining not 901
less than the estimated cost of completing the work, as 902
determined by the director, plus eight per cent. When a portion 903
of a highway covered by a contract is completed and opened to 904
traffic, all retained percentages held in connection with such 905
highway shall be released and paid to the contractor. 906
In addition to the estimates provided for by law, the 908
director may, under such conditions as he THE DIRECTOR 909
prescribes, MAY allow and pay to a contractor a sum not exceeding 911
ninety-two per cent of the value of THE material delivered by 912
23
such THE contractor and safely stored at a railroad station, or 913
siding, or other point in the vicinity of the work AN APPROVED 914
SITE. When such estimate is allowed, the material on which it is 916
allowed shall become the property of the state, but in case such 917
THE material is stolen, destroyed, or damaged by casualty before 918
being used, or for any reason becomes unfit for use, the 919
contractor shall replace the material at his THE CONTRACTOR'S 920
expense. A contractor may insure against loss or damage by fire 921
or otherwise all materials on which estimates have been allowed. 922
Section 2. That existing sections 124.34, 4117.01, 924
5501.31, 5513.02, 5515.02, 5521.01, and 5525.19 and section 925
5501.19 of the Revised Code are hereby repealed. 926