As Reported by the Senate Highways and Transportation Committee   1            

122nd General Assembly                                             4            

   Regular Session                              Am. S. B. No. 229  5            

      1997-1998                                                    6            


                        SENATOR OELSLAGER                          8            


                                                                   10           

                           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 sections   13           

                5501.20 and 5533.48, and to repeal section         14           

                5501.19 of the Revised Code to make changes in     15           

                certain laws governing the Department of           16           

                Transportation in the areas of appropriation of    18           

                property for political subdivisions for                         

                transportation purposes and the purchase of        19           

                certain supplies by the Department, to create a    20           

                pilot program establishing the career              21           

                professional service within the classified civil   22           

                service of the Department of Transportation and    23           

                authorizing the Department to appoint persons to   24           

                positions within the career professional service,               

                to eliminate the right of certain unclassified     25           

                employees of the Department to return to           26           

                classified positions they previously held, and to               

                designate a portion of United States Route Number  27           

                Two Hundred Twenty-Four as the "Cliff Skeen        28           

                Memorial Highway."                                              




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        30           

      Section 1.  That sections 124.34, 4117.01, 5501.31,          32           

5513.02, 5515.02, 5521.01, and 5525.19 be amended and sections     33           

5501.20 and 5533.48 of the Revised Code be enacted to read as      35           

follows:                                                                        

      Sec. 124.34.  The tenure of every officer or employee in     44           

                                                          2      

                                                                 
the classified service of the state and the counties, civil        45           

service townships, cities, city health districts, general health   46           

districts, and city school districts thereof, holding a position   47           

under this chapter of the Revised Code, shall be during good       48           

behavior and efficient service, and no such officer or employee    49           

shall be reduced in pay or position, fined in excess of five       50           

days' pay, suspended, or removed, except as provided in section    51           

124.32 of the Revised Code, and for incompetency, inefficiency,    52           

dishonesty, drunkenness, immoral conduct, insubordination,         53           

discourteous treatment of the public, neglect of duty, violation   54           

of such sections or the rules of the director of administrative    55           

services or the commission, or any other failure of good           56           

behavior, or any other acts of misfeasance, malfeasance, or        57           

nonfeasance in office.  A finding by the appropriate ethics        58           

commission, based upon a preponderance of the evidence, that the   59           

facts alleged in a complaint under section 102.06 of the Revised   60           

Code constitute a violation of Chapter 102., section 2921.42, or   61           

section 2921.43 of the Revised Code may constitute grounds for     62           

dismissal.  Failure to file a statement or falsely filing a        63           

statement required by section 102.02 of the Revised Code may also  64           

constitute grounds for dismissal.  THE TENURE OF AN EMPLOYEE IN    65           

THE CAREER PROFESSIONAL SERVICE OF THE DEPARTMENT OF                            

TRANSPORTATION IS SUBJECT TO SECTION 5501.20 OF THE REVISED CODE.  67           

      In any case of a fine, reduction, suspension of more than    69           

three working days, or removal, the appointing authority shall     70           

furnish such employee with a copy of the order of reduction,       71           

suspension, or removal, which order shall state the reasons        72           

therefor.  Such order shall be filed with the director of          73           

administrative services and state personnel board of review, or    74           

the commission, as may be appropriate.                             75           

      Within ten days following the filing of such order OR, IN    77           

THE CASE OF AN EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE OF THE  78           

DEPARTMENT OF TRANSPORTATION, WITHIN TEN DAYS FOLLOWING THE        79           

FILING OF A REMOVAL ORDER, the employee may file an appeal, in     81           

                                                          3      

                                                                 
writing, with the state personnel board of review or the           82           

commission.  In the event such an appeal is filed, the board or    83           

commission shall forthwith notify the appointing authority and     84           

shall hear, or appoint a trial board to hear, such appeal within   85           

thirty days from and after its filing with the board or            86           

commission, and it may affirm, disaffirm, or modify the judgment   87           

of the appointing authority.                                                    

      In cases of removal or reduction in pay for disciplinary     89           

reasons, either the appointing authority or the officer or         90           

employee may appeal from the decision of the state personnel       91           

board of review or the commission to the court of common pleas of  92           

the county in which the employee resides in accordance with the    93           

procedure provided by section 119.12 of the Revised Code.          94           

      In the case of the suspension for any period of time, or a   97           

fine, demotion, or removal of a chief of police or a chief of a    98           

fire department or any member of the police or fire department of               

a city or civil service township, the appointing authority shall   99           

furnish such chief or member of a department with a copy of the    100          

order of suspension, demotion, or removal, which order shall       101          

state the reasons therefor.  Such order shall be filed with the    102          

municipal or civil service township civil service commission.      103          

Within ten days following the filing of such order such chief or   104          

member of a department may file an appeal, in writing, with the    105          

municipal or civil service township civil service commission.  In  106          

the event such an appeal is filed, the commission shall forthwith  107          

notify the appointing authority and shall hear, or appoint a       108          

trial board to hear, such appeal within thirty days from and       109          

after its filing with the commission, and it may affirm,           110          

disaffirm, or modify the judgment of the appointing authority.     111          

An appeal on questions of law and fact may be had from the         112          

decision of the municipal or civil service township civil service  113          

commission to the court of common pleas in the county in which     114          

such city or civil service township is situated.  Such appeal      115          

shall be taken within thirty days from the finding of the          116          

                                                          4      

                                                                 
commission.                                                        117          

      A violation of division (A)(7) of section 2907.03 of the     119          

Revised Code is grounds for termination of employment of a         120          

nonteaching employee under this section.                           121          

      Sec. 4117.01.  As used in this chapter:                      130          

      (A)  "Person," in addition to those included in division     132          

(C) of section 1.59 of the Revised Code, includes employee         133          

organizations, public employees, and public employers.             134          

      (B)  "Public employer" means the state or any political      136          

subdivision of the state located entirely within the state,        137          

including, without limitation, any municipal corporation with a    138          

population of at least five thousand according to the most recent  139          

federal decennial census; county; township with a population of    140          

at least five thousand in the unincorporated area of the township  141          

according to the most recent federal decennial census; school      142          

district; governing authority of a community school established    143          

under Chapter 3314. of the Revised Code; state institution of      144          

higher learning; public or special district; state agency,         145          

authority, commission, or board; or other branch of public         146          

employment.                                                                     

      (C)  "Public employee" means any person holding a position   148          

by appointment or employment in the service of a public employer,  149          

including any person working pursuant to a contract between a      150          

public employer and a private employer and over whom the national  151          

labor relations board has declined jurisdiction on the basis that  152          

the involved employees are employees of a public employer,         153          

except:                                                            154          

      (1)  Persons holding elective office;                        156          

      (2)  Employees of the general assembly and employees of any  158          

other legislative body of the public employer whose principal      159          

duties are directly related to the legislative functions of the    160          

body;                                                              161          

      (3)  Employees on the staff of the governor or the chief     163          

executive of the public employer whose principal duties are        164          

                                                          5      

                                                                 
directly related to the performance of the executive functions of  165          

the governor or the chief executive;                               166          

      (4)  Persons who are members of the Ohio organized militia,  168          

while training or performing duty under section 5919.29 or         169          

5923.12 of the Revised Code;                                       170          

      (5)  Employees of the state employment relations board;      172          

      (6)  Confidential employees;                                 174          

      (7)  Management level employees;                             176          

      (8)  Employees and officers of the courts, assistants to     178          

the attorney general, assistant prosecuting attorneys, and         179          

employees of the clerks of courts who perform a judicial           180          

function;                                                          181          

      (9)  Employees of a public official who act in a fiduciary   183          

capacity, appointed pursuant to section 124.11 of the Revised      184          

Code;                                                              185          

      (10)  Supervisors;                                           187          

      (11)  Students whose primary purpose is educational          189          

training, including graduate assistants or associates, residents,  190          

interns, or other students working as part-time public employees   191          

less than fifty per cent of the normal year in the employee's      192          

bargaining unit;                                                   193          

      (12)  Employees of county boards of election;                195          

      (13)  Seasonal and casual employees as determined by the     197          

state employment relations board;                                  198          

      (14)  Part-time faculty members of an institution of higher  200          

education;                                                         201          

      (15)  Employees of the state personnel board of review;      203          

      (16)  Employees of the board of directors of the Ohio        205          

low-level radioactive waste facility development authority         206          

created in section 3747.05 of the Revised Code;                    207          

      (17)  Participants in a work activity, developmental         211          

activity, or alternative work activity under sections 5107.40 to                

5107.69 of the Revised Code who perform a service for a public     215          

employer that the public employer needs but is not performed by    216          

                                                          6      

                                                                 
an employee of the public employer if the participant is not       218          

engaged in paid employment or subsidized employment purusant to                 

the activity;                                                      219          

      (18)  EMPLOYEES INCLUDED IN THE CAREER PROFESSIONAL SERVICE  221          

OF THE DEPARTMENT OF TRANSPORTATION UNDER SECTION 5501.20 OF THE   222          

REVISED CODE.                                                      223          

      (D)  "Employee organization" means any labor or bona fide    225          

organization in which public employees participate and that        226          

exists for the purpose, in whole or in part, of dealing with       227          

public employers concerning grievances, labor disputes, wages,     228          

hours, terms, and other conditions of employment.                  229          

      (E)  "Exclusive representative" means the employee           231          

organization certified or recognized as an exclusive               232          

representative under section 4117.05 of the Revised Code.          233          

      (F)  "Supervisor" means any individual who has authority,    235          

in the interest of the public employer, to hire, transfer,         236          

suspend, lay off, recall, promote, discharge, assign, reward, or   237          

discipline other public employees; to responsibly direct them; to  238          

adjust their grievances; or to effectively recommend such action,  239          

if the exercise of that authority is not of a merely routine or    240          

clerical nature, but requires the use of independent judgment,     241          

provided that:                                                     242          

      (1)  Employees of school districts who are department        244          

chairpersons or consulting teachers shall not be deemed            245          

supervisors;                                                       246          

      (2)  With respect to members of a police or fire             248          

department, no person shall be deemed a supervisor except the      249          

chief of the department or those individuals who, in the absence   250          

of the chief, are authorized to exercise the authority and         251          

perform the duties of the chief of the department.  Where prior    252          

to June 1, 1982, a public employer pursuant to a judicial          253          

decision, rendered in litigation to which the public employer was  254          

a party, has declined to engage in collective bargaining with      255          

members of a police or fire department on the basis that those     256          

                                                          7      

                                                                 
members are supervisors, those members of a police or fire         257          

department do not have the rights specified in this chapter for    258          

the purposes of future collective bargaining.  The state           259          

employment relations board shall decide all disputes concerning    260          

the application of division (F)(2) of this section.                261          

      (3)  With respect to faculty members of a state institution  263          

of higher education, heads of departments or divisions are         264          

supervisors; however, no other faculty member or group of faculty  265          

members is a supervisor solely because the faculty member or       266          

group of faculty members participate in decisions with respect to  267          

courses, curriculum, personnel, or other matters of academic       268          

policy;                                                            269          

      (4)  No teacher as defined in section 3319.09 of the         271          

Revised Code shall be designated as a supervisor or a management   272          

level employee unless the teacher is employed under a contract     273          

governed by section 3319.01, 3319.011, or 3319.02 of the Revised   274          

Code and is assigned to a position for which a license deemed to   276          

be for administrators under state board rules is required          277          

pursuant to section 3319.22 of the Revised Code.                                

      (G)  "To bargain collectively" means to perform the mutual   279          

obligation of the public employer, by its representatives, and     280          

the representatives of its employees to negotiate in good faith    281          

at reasonable times and places with respect to wages, hours,       282          

terms, and other conditions of employment and the continuation,    283          

modification, or deletion of an existing provision of a            284          

collective bargaining agreement, with the intention of reaching    285          

an agreement, or to resolve questions arising under the            286          

agreement.  "To bargain collectively" includes executing a         287          

written contract incorporating the terms of any agreement          288          

reached.  The obligation to bargain collectively does not mean     289          

that either party is compelled to agree to a proposal nor does it  290          

require the making of a concession.                                291          

      (H)  "Strike" means continuous concerted action in failing   293          

to report to duty; willful absence from one's position; or         294          

                                                          8      

                                                                 
stoppage of work in whole from the full, faithful, and proper      295          

performance of the duties of employment, for the purpose of        296          

inducing, influencing, or coercing a change in wages, hours,       297          

terms, and other conditions of employment.  "Strike" does not                   

include a stoppage of work by employees in good faith because of   298          

dangerous or unhealthful working conditions at the place of        299          

employment that are abnormal to the place of employment.           300          

      (I)  "Unauthorized strike" includes, but is not limited to,  302          

concerted action during the term or extended term of a collective  303          

bargaining agreement or during the pendency of the settlement      304          

procedures set forth in section 4117.14 of the Revised Code in     305          

failing to report to duty; willful absence from one's position;    306          

stoppage of work; slowdown, or abstinence in whole or in part                   

from the full, faithful, and proper performance of the duties of   307          

employment for the purpose of inducing, influencing, or coercing   308          

a change in wages, hours, terms, and other conditions of           309          

employment.  "Unauthorized strike" includes any such action,       310          

absence, stoppage, slowdown, or abstinence when done partially or  311          

intermittently, whether during or after the expiration of the                   

term or extended term of a collective bargaining agreement or      312          

during or after the pendency of the settlement procedures set      313          

forth in section 4117.14 of the Revised Code.                      314          

      (J)  "Professional employee" means any employee engaged in   316          

work that is predominantly intellectual, involving the consistent  318          

exercise of discretion and judgment in its performance and         319          

requiring knowledge of an advanced type in a field of science or   320          

learning customarily acquired by a prolonged course in an                       

institution of higher learning or a hospital, as distinguished     321          

from a general academic education or from an apprenticeship; or    322          

an employee who has completed the courses of specialized           323          

intellectual instruction and is performing related work under the  324          

supervision of a professional person to become qualified as a      326          

professional employee.                                                          

      (K)  "Confidential employee" means any employee who works    328          

                                                          9      

                                                                 
in the personnel offices of a public employer and deals with       329          

information to be used by the public employer in collective        330          

bargaining; or any employee who works in a close continuing        331          

relationship with public officers or representatives directly      332          

participating in collective bargaining on behalf of the employer.  333          

      (L)  "Management level employee" means an individual who     335          

formulates policy on behalf of the public employer, who            336          

responsibly directs the implementation of policy, or who may       337          

reasonably be required on behalf of the public employer to assist  338          

in the preparation for the conduct of collective negotiations,     339          

administer collectively negotiated agreements, or have a major     340          

role in personnel administration.  Assistant superintendents,      341          

principals, and assistant principals whose employment is governed  342          

by section 3319.02 of the Revised Code are management level        343          

employees.  With respect to members of a faculty of a state        344          

institution of higher education, no person is a management level   345          

employee because of the person's involvement in the formulation    346          

or implementation of academic or institution policy.               347          

      (M)  "Wages" means hourly rates of pay, salaries, or other   349          

forms of compensation for services rendered.                       350          

      (N)  "Member of a police department" means a person who is   352          

in the employ of a police department of a municipal corporation    353          

as a full-time regular police officer as the result of an          355          

appointment from a duly established civil service eligibility                   

list or under section 737.15 or 737.16 of the Revised Code, a      356          

full-time deputy sheriff appointed under section 311.04 of the     357          

Revised Code, a township constable appointed under section 509.01  359          

of the Revised Code, or a member of a township police district     360          

police department appointed under section 505.49 of the Revised    361          

Code.                                                                           

      (O)  "Members of the state highway patrol" means highway     363          

patrol troopers and radio operators appointed under section        364          

5503.01 of the Revised Code.                                       365          

      (P)  "Member of a fire department" means a person who is in  367          

                                                          10     

                                                                 
the employ of a fire department of a municipal corporation or a    368          

township as a fire cadet, full-time regular fire fighter, or       369          

promoted rank as the result of an appointment from a duly          370          

established civil service eligibility list or under section        371          

505.38, 709.012, or 737.22 of the Revised Code.                    372          

      (Q)  "Day" means calendar day.                               374          

      Sec. 5501.20.  (A)  AS USED IN THIS SECTION:                 376          

      (1)  "CAREER PROFESSIONAL SERVICE" MEANS THAT PART OF THE    378          

COMPETITIVE CLASSIFIED SERVICE THAT CONSISTS OF EMPLOYEES OF THE   379          

DEPARTMENT OF TRANSPORTATION WHO, REGARDLESS OF JOB                380          

CLASSIFICATION, MEET BOTH OF THE FOLLOWING QUALIFICATIONS:         381          

      (a)  THEY ARE SUPERVISORS, PROFESSIONAL EMPLOYEES,           383          

CONFIDENTIAL EMPLOYEES, OR MANAGEMENT LEVEL EMPLOYEES AS DEFINED   384          

IN SECTION 4117.01 OF THE REVISED CODE.                            385          

      (b)  THEY EXERCISE AUTHORITY THAT IS NOT MERELY ROUTINE OR   388          

CLERICAL IN NATURE AND REPORT ONLY TO A HIGHER LEVEL UNCLASSIFIED  389          

EMPLOYEE OR EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE.           390          

      (2)  "DEMOTED" MEANS THAT AN EMPLOYEE IS PLACED IN A         392          

POSITION WHERE THE EMPLOYEE'S WAGE RATE EQUALS, OR IS NOT MORE     393          

THAN TWENTY PER CENT LESS THAN, THE EMPLOYEE'S WAGE RATE           394          

IMMEDIATELY PRIOR TO DEMOTION OR WHERE THE EMPLOYEE'S JOB          395          

RESPONSIBILITIES ARE REDUCED, OR BOTH.                                          

      (3)  "EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE WITH       397          

RESTORATION RIGHTS" MEANS AN EMPLOYEE IN THE CAREER PROFESSIONAL   399          

SERVICE WHO HAS BEEN IN THE CLASSIFIED CIVIL SERVICE FOR AT LEAST  400          

TWO YEARS AND WHO HAS A CUMULATIVE TOTAL OF AT LEAST TEN YEARS OF  401          

CONTINUOUS SERVICE WITH THE DEPARTMENT OF TRANSPORTATION.          402          

      (B)  NOT LATER THAN JULY 1, 1998, AND NOT LATER THAN THE     404          

FIRST DAY OF JULY OF EACH ODD-NUMBERED YEAR THEREAFTER, THE        406          

DIRECTOR OF TRANSPORTATION SHALL ADOPT A RULE IN ACCORDANCE WITH   407          

SECTION 111.15 OF THE REVISED CODE THAT ESTABLISHES A BUSINESS     409          

PLAN FOR THE DEPARTMENT OF TRANSPORTATION THAT STATES THE          410          

DEPARTMENT'S MISSION, BUSINESS OBJECTIVES, AND STRATEGIES AND      411          

THAT ESTABLISHES A PROCEDURE BY WHICH EMPLOYEES IN THE CAREER      412          

                                                          11     

                                                                 
PROFESSIONAL SERVICE WILL BE HELD ACCOUNTABLE FOR THEIR            413          

PERFORMANCE.  THE DIRECTOR SHALL ADOPT A RULE THAT ESTABLISHES A                

BUSINESS PLAN FOR THE DEPARTMENT ONLY ONCE IN EACH TWO YEARS.      415          

WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF A RULE THAT          416          

ESTABLISHES A BUSINESS PLAN FOR THE DEPARTMENT, THE DIRECTOR                    

SHALL ADOPT A RULE IN ACCORDANCE WITH SECTION 111.15 OF THE        418          

REVISED CODE THAT IDENTIFIES SPECIFIC POSITIONS WITHIN THE         419          

DEPARTMENT OF TRANSPORTATION THAT ARE INCLUDED IN THE CAREER       420          

PROFESSIONAL SERVICE.  THE DIRECTOR MAY AMEND THE RULE THAT        421          

IDENTIFIES THE SPECIFIC POSITIONS INCLUDED IN THE CAREER                        

PROFESSIONAL SERVICE ONLY WITHIN SIXTY DAYS AFTER THE DIRECTOR     423          

ADOPTS A RULE THAT ESTABLISHES A BUSINESS PLAN FOR THE                          

DEPARTMENT.  ANY RULE ADOPTED UNDER THIS DIVISION IS SUBJECT TO    425          

REVIEW AND INVALIDATION BY THE JOINT COMMITTEE ON AGENCY RULE      426          

REVIEW AS PROVIDED IN DIVISION (D) OF SECTION 111.15 OF THE        428          

REVISED CODE.  THE DIRECTOR SHALL PROVIDE A COPY OF ANY RULE       430          

ADOPTED UNDER THIS DIVISION TO THE DIRECTOR OF BUDGET AND                       

MANAGEMENT.                                                        431          

      EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AN EMPLOYEE    434          

IN THE CAREER PROFESSIONAL SERVICE IS SUBJECT TO THE PROVISIONS    435          

OF CHAPTER 124. OF THE REVISED CODE THAT GOVERN EMPLOYEES IN THE   437          

CLASSIFIED CIVIL SERVICE.                                                       

      (C)  AFTER AN EMPLOYEE IS APPOINTED TO A POSITION IN THE     440          

CAREER PROFESSIONAL SERVICE, THE EMPLOYEE'S DIRECT SUPERVISOR                   

SHALL PROVIDE THE EMPLOYEE APPOINTED TO THAT POSITION WITH A       442          

WRITTEN PERFORMANCE ACTION PLAN THAT DESCRIBES THE DEPARTMENT'S    443          

EXPECTATIONS FOR THAT EMPLOYEE IN FULFILLING THE MISSION,          444          

BUSINESS OBJECTIVES, AND STRATEGIES STATED IN THE DEPARTMENT'S                  

BUSINESS PLAN.  NO SOONER THAN FOUR MONTHS AFTER BEING APPOINTED   445          

TO A POSITION IN THE CAREER PROFESSIONAL SERVICE, AN EMPLOYEE      447          

APPOINTED TO THAT POSITION SHALL RECEIVE A WRITTEN PERFORMANCE     448          

REVIEW BASED ON THE EMPLOYEE'S FULFILLMENT OF THE MISSION,         449          

BUSINESS OBJECTIVES, AND STRATEGIES STATED IN THE DEPARTMENT'S     450          

BUSINESS PLAN.  AFTER THE INITIAL PERFORMANCE REVIEW, THE          451          

                                                          12     

                                                                 
EMPLOYEE SHALL RECEIVE A WRITTEN PERFORMANCE REVIEW AT LEAST ONCE  452          

EACH YEAR OR AS OFTEN AS THE DIRECTOR CONSIDERS NECESSARY.  THE    453          

DEPARTMENT SHALL GIVE AN EMPLOYEE WHOSE PERFORMANCE IS             455          

UNSATISFACTORY AN OPPORTUNITY TO IMPROVE PERFORMANCE FOR A PERIOD  456          

OF AT LEAST SIX MONTHS, BY MEANS OF A WRITTEN CORRECTIVE ACTION    457          

PLAN, BEFORE THE DEPARTMENT TAKES ANY DISCIPLINARY ACTION UNDER    458          

THIS SECTION OR SECTION 124.34 OF THE REVISED CODE.  THE           459          

DEPARTMENT SHALL BASE ITS PERFORMANCE REVIEW FORMS ON ITS          460          

BUSINESS PLAN.                                                                  

      (D)  AN EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE MAY BE   463          

SUSPENDED, DEMOTED, OR REMOVED BECAUSE OF PERFORMANCE THAT         464          

HINDERS OR RESTRICTS THE FULFILLMENT OF THE DEPARTMENT'S BUSINESS  465          

PLAN OR FOR DISCIPLINARY REASONS UNDER SECTION 124.34 OR 124.57    466          

OF THE REVISED CODE.  AN EMPLOYEE IN THE CAREER PROFESSIONAL       467          

SERVICE MAY APPEAL ONLY THE EMPLOYEE'S REMOVAL TO THE STATE        468          

PERSONNEL BOARD OF REVIEW.                                         469          

      (E)  AN EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE WITH     472          

RESTORATION RIGHTS HAS RESTORATION RIGHTS IF DEMOTED BECAUSE OF    473          

PERFORMANCE THAT HINDERS OR RESTRICTS FULFILLMENT OF THE MISSION,  474          

BUSINESS OBJECTIVES, OR STRATEGIES STATED IN THE DEPARTMENT'S      475          

BUSINESS PLAN, BUT NOT IF INVOLUNTARILY DEMOTED OR REMOVED FOR     476          

ANY OF THE REASONS DESCRIBED IN SECTION 124.34 OR FOR A VIOLATION  477          

OF 124.57 OF THE REVISED CODE.  THE DIRECTOR SHALL DEMOTE AN       479          

EMPLOYEE WHO HAS RESTORATION RIGHTS OF THAT NATURE TO A POSITION   481          

IN THE CLASSIFIED SERVICE THAT IN THE DIRECTOR'S JUDGMENT IS                    

SIMILAR IN NATURE TO THE POSITION THE EMPLOYEE HELD IMMEDIATELY    483          

PRIOR TO BEING APPOINTED TO THE POSITION IN THE CAREER                          

PROFESSIONAL SERVICE.  THE DIRECTOR SHALL ASSIGN TO AN EMPLOYEE    484          

WHO IS DEMOTED TO A POSITION IN THE CLASSIFIED SERVICE AS          486          

PROVIDED IN THIS DIVISION A WAGE RATE THAT EQUALS, OR THAT IS NOT  487          

MORE THAN TWENTY PER CENT LESS THAN, THE WAGE RATE ASSIGNED TO     488          

THE EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE IMMEDIATELY PRIOR  489          

TO THE EMPLOYEE'S DEMOTION.                                                     

      (F)  THIS SECTION ESTABLISHES A PILOT PROGRAM, COMMENCING    492          

                                                          13     

                                                                 
ON JULY 1, 1998, FOR EMPLOYEES IN THE CAREER PROFESSIONAL SERVICE  493          

OF THE DEPARTMENT OF TRANSPORTATION.  AT THE END OF EACH FISCAL    494          

BIENNIUM THAT THIS PROGRAM IS IN EFFECT, THE DIRECTOR OF           496          

TRANSPORTATION SHALL PREPARE A REPORT DESCRIBING AND EVALUATING    497          

THE OPERATION OF THE PROGRAM AND FORWARD A COPY OF THE REPORT TO   498          

THE GOVERNOR, DIRECTOR OF ADMINISTRATIVE SERVICES, SPEAKER OF THE  499          

HOUSE OF REPRESENTATIVES, AND PRESIDENT OF THE SENATE.                          

      Sec. 5501.31.  The director of transportation shall have     508          

general supervision of all roads comprising the state highway      509          

system.  He THE DIRECTOR may alter, widen, straighten, realign,    510          

relocate, establish, construct, reconstruct, improve, maintain,    512          

repair, and preserve any road or highway on the state highway      513          

system, and, in connection therewith, relocate, alter, widen,      514          

deepen, clean out, or straighten the channel of any watercourse    515          

as he THE DIRECTOR considers necessary, and purchase or            517          

appropriate property for the disposal of surplus materials or      518          

borrow pits, and, where an established road has been relocated,    519          

establish, construct, and maintain such connecting roads between   520          

the old and new location as will provide reasonable access         521          

thereto.                                                                        

      The director may purchase or appropriate property necessary  523          

for the location or construction of any culvert, bridge, or        524          

viaduct, or the approaches thereto, including any property needed  525          

to extend, widen, or alter any feeder or outlet road, street, or   526          

way adjacent to or under the bridge or viaduct when the            527          

extension, widening, or alteration of the feeder road, street, or  528          

way is necessary for the full utilization of the bridge or         529          

viaduct, or for any other highway improvement.  The director also  530          

may purchase or appropriate, for such length of time as is         531          

necessary and desirable, any additional property required for the  532          

construction and maintenance of slopes, detour roads, sewers,      533          

roadside parks, rest areas, recreational park areas, scenic view   534          

areas, drainage systems, or land to replace wetlands incident to   535          

any highway improvement, that he THE DIRECTOR is or may be         536          

                                                          14     

                                                                 
authorized to locate or construct.  Title to property purchased    538          

or appropriated by the director shall be taken in the name of the  539          

state either in fee simple or in any lesser estate or interest     540          

that the director considers necessary or proper, in accordance     541          

with forms to be prescribed by the attorney general.  The deed     542          

shall contain a description of the property and be recorded in     543          

the county where the property is situated and, when recorded,      544          

shall be kept on file in the department of transportation.         545          

      Provided that when property, other than property used by a   547          

railroad for operating purposes, is acquired in connection with    548          

improvements involving projects affecting railroads wherein the    549          

department of transportation is obligated to acquire property      550          

under grade separation statutes, or on other improvements wherein  551          

the department is obligated to acquire lands under agreements      552          

with railroads, or with a public utility, POLITICAL SUBDIVISION,   553          

public corporation, or private corporation owning similar          555          

TRANSPORTATION facilities for the readjustment or, relocation, OR  557          

IMPROVEMENT of their facilities, a fee simple title or an          559          

easement may be acquired by purchase or appropriation in the name  560          

of the railroad, public utility, POLITICAL SUBDIVISION, public     561          

corporation, or private corporation in the discretion of the       562          

director.  When the title to lands, which are required to adjust,  563          

RELOCATE, OR IMPROVE such facilities pursuant to agreements with   565          

the director, is taken in the name of the state, the lands may,    566          

in the discretion of the director, MAY be conveyed in fee simple   567          

or the right acquired to the railroad, PUBLIC utility, POLITICAL   569          

SUBDIVISION, or PUBLIC corporation for which they were acquired.   570          

The conveyance shall be prepared by the attorney general and       571          

executed by the governor and bear the great seal of the state of   572          

Ohio.                                                                           

      The director, in the maintenance or repair of state          574          

highways, is not limited to the use of the materials with which    575          

the highways, including the bridges and culverts thereon, were     576          

originally constructed, but may use any material which THAT is     577          

                                                          15     

                                                                 
proper or suitable.  The director may aid the ANY board of county  579          

commissioners in establishing, creating, and repairing suitable    580          

systems of drainage for all highways within the jurisdiction or    581          

control of the board and advise with it as to the establishment,   582          

construction, improvement, maintenance, and repair of the          583          

highways.                                                          584          

      Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517.,    586          

5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533.,     587          

and 5535. of the Revised Code do not prohibit the federal          588          

government, or any individual or corporation, from contributing a  589          

portion of the cost of the establishment, construction,            590          

reconstruction, relocating, widening, resurfacing, maintenance,    591          

and repair of the highways.                                        592          

      Except in the case of maintaining, repairing, erecting       594          

traffic signs on, or pavement marking of state highways within     595          

villages, which is mandatory as required by section 5521.01 of     596          

the Revised Code, and except as provided in section 5501.49 of     597          

the Revised Code, no duty of constructing, reconstructing,         598          

widening, resurfacing, maintaining, or repairing state highways    599          

within municipal corporations, or the bridges and culverts         600          

thereon, shall attach to or rest upon the director, but he THE     601          

DIRECTOR may construct, reconstruct, widen, resurface, maintain,   603          

and repair the same with or without the cooperation of any         604          

municipal corporation, or with or without the cooperation of       605          

boards of county commissioners upon each municipal corporation     606          

consenting thereto.                                                607          

      Sec. 5513.02.  (A)  Specifications describing the character  616          

of the articles which it THAT THE DEPARTMENT OF TRANSPORTATION is  618          

proposed PROPOSING to purchase, and the conditions governing       619          

shipment and delivery, shall be kept on file at the department of  620          

transportation and open to public inspection throughout the time   621          

during which it is required that an invitation to bidders IS       622          

REQUIRED TO be posted.  The director of transportation may         623          

require bids to be accompanied by a certified check payable to     624          

                                                          16     

                                                                 
him THE DIRECTOR in an amount fixed by him THE DIRECTOR and        625          

stated in the invitation to bidders.  Persons, firms, or           626          

corporations desiring to bid on more than one invitation shall be  627          

relieved from furnishing certified checks with their bids          628          

provided they first furnish a bond payable to the state, in an     629          

amount and with surety approved by the director, conditioned for   630          

the faithful performances of all contracts which THAT may be       631          

awarded to them, and otherwise conditioned as the director         633          

requires.  All bids shall be publicly opened and read at the time  634          

and place mentioned in the notice.  All purchases shall be made    635          

by the director from the lowest responsive and responsible bidder  636          

for each item in accordance with section 9.312 of the Revised      637          

Code, EXCEPT WHERE THE DIRECTOR HAS ESTABLISHED IN THE BIDDING     638          

DOCUMENTS A PROVISION FOR MULTIPLE AWARDS FOR THE PURCHASE OF      639          

ITEMS SUCH AS ASPHALT, AGGREGATES, MACHINERY PARTS, AND OTHERS AS  641          

THE DIRECTOR DETERMINES NECESSARY, AND except that in the          642          

purchase of machinery, equipment, or supplies for which fixed and  643          

definite specifications cannot be prepared, the director may       644          

purchase the article ARTICLES meeting the general specifications   645          

prescribed and which he THE DIRECTOR finds are most suitable for   646          

the uses intended.  Sections 5513.01 to 5513.04 of the Revised     648          

Code shall apply to the exchange of machinery and equipment and    649          

in force account operations where the director desires to combine  650          

in one order the furnishing, hauling, and placing of material.     651          

The director may purchase or authorize the purchase without        652          

notice, or upon such notice as he THE DIRECTOR prescribes, of      653          

materials which THAT in his THE DIRECTOR'S judgment may be         655          

required for the immediate repair of roads or bridges destroyed    656          

or damaged by flood, landslide, or other casualty.  No person      657          

shall place separate orders for the purpose of defeating such      658          

sections, and contracts of purchase shall not be valid unless      659          

made in conformity with this section.                                           

      (B)  Division (B) of section 125.11 of the Revised Code      661          

applies to the purchase of products by the director pursuant to    662          

                                                          17     

                                                                 
sections 5513.01 to 5513.04 of the Revised Code.                   663          

      Sec. 5515.02.  All individuals, firms, and corporations      672          

using or occupying any part of a road or highway on the state      673          

highway system, or the bridges or culverts thereon, with           674          

telegraph or telephone lines, steam, electrical, or industrial     675          

railways, oil, gas, water, or other pipes, mains, conduits, or     676          

any object or structure, other than by virtue of a franchise or    677          

permit granted and in force, shall remove from the bounds of such  678          

THE road, highway, bridge, or culvert, their poles and wires       679          

connected therewith, and any tracks, switches, spurs, or oil,      680          

gas, water, or other pipes, mains, conduits, or other objects or   681          

structures, when in the opinion of the director of transportation  682          

they constitute obstructions in such THE roads, highways,          683          

bridges, or culverts, or interfere or may interfere with the       684          

contemplated construction, reconstruction, improvement,            685          

maintenance, or repair of such THE roads, highways, bridges, or    686          

culverts thereon, or interfere or may interfere with the THEIR     688          

use of such roads, highways, bridges, or culverts thereon, by the  689          

traveling public.                                                               

      All individuals, firms, or corporations so occupying any     691          

road or highway on the state highway system, or the bridges or     692          

culverts thereon, under and by virtue of a franchise or permit     693          

granted and in force, shall relocate their properties and all      694          

parts thereof within the bounds of such THE road, highway,         695          

bridge, or culvert when in the opinion of the director they        696          

constitute obstructions in any such THE road, highway, bridge, or  697          

culvert, or interfere with or may interfere with the contemplated  698          

construction, reconstruction, improvement, maintenance, or repair  699          

of such THE road, highway, bridge, or culvert, or interfere with   701          

or may interfere with the ITS use of such road, highway, bridge,   703          

or culvert, which.  THE relocation within the bounds of such THE   705          

road, highway, bridge, or culvert shall be in the manner and to    706          

the extent prescribed by the director.                             707          

      If, in the opinion of the director, such individuals,        709          

                                                          18     

                                                                 
firms, or corporations have obstructed any road or highway on the  710          

state highway system, or the bridges or culverts thereon, or if    711          

any of their properties, in his THE DIRECTOR'S opinion, are so     712          

located that they do or may interfere with the contemplated        714          

construction, reconstruction, improvement, maintenance, or repair  715          

of such THE road, highway, bridge, or culvert, or if, in his       717          

opinion, they interfere with or may interfere with the use of      718          

such THE road, highway, bridge, or culvert by the traveling        719          

public, said THE director shall notify such individual, firm, or   720          

corporation directing the removal of such THE obstruction or       721          

properties, or the relocation of such THE properties, and, if      722          

such individual, firm, or corporation does not within five days    724          

from the service of such THE notice proceed to remove or relocate  725          

the same OBSTRUCTION OR PROPERTIES and complete the removal or     726          

relocation within a reasonable time, the director may remove or    728          

relocate the same by employing the necessary labor, tools, and     729          

equipment.  The costs and expenses shall, in the first instance,   730          

be paid by the director out of any appropriation of the                         

department of transportation available for the establishment,      731          

construction, reconstruction, improvement, maintenance, or repair  732          

of highways, and the amount thereof shall be certified to the      733          

attorney general for collection by civil action.  Said notice      734          

NOTICE OF THE ACTION shall be served by the sheriff in the manner  735          

as summons in civil actions MADE BY PERSONAL SERVICE OR BY         736          

CERTIFIED MAIL.                                                                 

      Sec. 5521.01.  The director of transportation, upon the      745          

request by and the approval of the legislative authority of a      746          

village, shall maintain, repair, and apply standard longitudinal   747          

pavement marking lines as the director considers appropriate, or   749          

may establish, construct, reconstruct, improve, or widen any       750          

section of a state highway within the limits of a village.  The    751          

director also may erect regulatory and warning signs, as defined   752          

in the manual adopted under section 4511.09 of the Revised Code,   753          

on any section of a state highway within the limits of a village.  754          

                                                          19     

                                                                 
The director may establish, construct, reconstruct, improve,       755          

widen, maintain, or repair any section of state highway within     756          

the limits of a city, including the elimination of railway grade   757          

crossings, and pay the entire or any part of the cost and expense  758          

thereof from state funds, but in all cases the director first      760          

shall obtain the consent of the legislative authority of the                    

municipal corporation, except that the director need not obtain    762          

the consent of the municipal corporation if the existing highway   763          

being changed or the location of an additional highway being       764          

established was not within the corporate limits of the municipal   765          

corporation at the time the director determines the establishment  766          

or change should be made, or if the director is acting pursuant    768          

to section 5501.49 of the Revised Code.                            769          

      Except as provided in section 5501.49 of the Revised Code,   771          

when in the opinion of the director there is urgent need to        772          

establish a state highway, which is to be designated a federal     773          

aid highway, or a federal aid interstate highway within a          774          

municipal corporation or, in the opinion of the director, any      775          

federal aid highway or interstate federal aid highway is in        776          

urgent need of repair, reconstruction, widening, improvement, or   777          

relocation, so as to accommodate the traveling public, the         778          

director shall submit a written request to the legislative         779          

authority of the municipal corporation for its consent to the      780          

desired establishment or improvement.  The legislative authority,  781          

within sixty days after such THE written request has been          782          

received from the director, shall either SHALL grant its consent   783          

to the establishment or improvement or refuse consent by filing    784          

in writing with the director a statement of its reasons for        785          

refusing consent and any alternate proposals it considers          786          

reasonable.  If the legislative authority fails to act or refuses  787          

consent, the director, upon consideration of the reasons for       788          

rejection, may make a resolution declaring the necessity of the    789          

establishment or improvement, and then proceed in the same manner  791          

as if consent had been given.  A certified copy of the resolution  792          

                                                          20     

                                                                 
shall be served upon the municipal legislative authority, which,   793          

within twenty days from the date of service, may appeal to the     794          

court of common pleas of the county in which the municipal         795          

corporation is situated, upon the reasonableness and necessity of  796          

the action provided for in the resolution.  In the hearing upon    797          

appeal, the director shall introduce the record of the director's  798          

proceedings, including the director's findings with respect to     800          

factors referred to in section 5521.011 of the Revised Code, and   801          

such other competent evidence as the director desires in support   802          

of the director's resolution, and the municipality likewise may    803          

introduce competent evidence opposing the resolution, and          804          

findings.  The court may affirm or revoke the resolution.  The     805          

decision of the common pleas court may be appealed to the court    806          

of appeals and the supreme court as in other cases.  If the court  807          

affirms the resolution, the director may proceed with the          808          

establishment or improvement with or without the cooperation of    809          

the municipal corporation.  Any such municipal corporation may     810          

cooperate with the director in the work and pay such portion of    811          

the cost as is agreed upon between the municipal corporation and   812          

the director.  The legislative authority of any municipal          813          

corporation desiring to cooperate, by resolution, may propose      814          

such cooperation to the director, and a copy of the resolution,    815          

which shall set forth the proportion of the cost and expense to    816          

be contributed by the municipal corporation, shall be filed with   817          

the director.  The director shall cause to be prepared the         818          

necessary surveys, plans, profiles, cross sections, estimates,     819          

and specifications and shall file copies of them with the          821          

legislative authority of the municipal corporation.  After the     823          

legislative authority has approved the surveys, plans, profiles,   824          

cross sections, estimates, and specifications, and after the       825          

municipal corporation has provided the funds necessary to meet     826          

the portion of the cost of the work assumed by it, the municipal   827          

corporation shall enter into a contract with the state providing   828          

for payment by the municipal corporation of the agreed portion of  829          

                                                          21     

                                                                 
the cost.  The form of the contract shall be prescribed by the     830          

attorney general, and all such contracts shall be submitted to     831          

the attorney general DIRECTOR and approved by the attorney         832          

general before the director advertises ADVERTISING for bids.       833          

Section 5705.41 of the Revised Code applies to such contract to    834          

be made by the municipal corporation, and a duplicate of the       835          

certificate of the chief fiscal officer of the municipal           836          

corporation shall be filed in the office of the director.  That    837          

part of the cost of the work assumed by the municipal corporation  838          

shall be paid from the proceeds of taxes or special assessments,   839          

or both, or from the proceeds of notes or bonds issued and sold    840          

in anticipation of the collection of such THE taxes and            841          

assessments.  For the purpose of providing funds for the payment   842          

of that part of the cost of the work assumed by the municipal      843          

corporation, the municipal corporation has the same authority to   844          

make special assessments, levy taxes, and issue bonds or notes,    845          

in anticipation of the collection of the same, as it has with      846          

respect to improvements constructed under the sole supervision     847          

and control of the municipal corporation.  All such assessments    848          

shall be made, taxes levied, and bonds or notes issued and sold    849          

under such conditions and restrictions as may be provided with     850          

respect to assessments, taxes, bonds, or notes made, levied,       851          

issued, or sold in connection with improvements of the same class  852          

and character constructed under the sole supervision and control   853          

of the municipal corporation.  The improvement shall be            854          

constructed under the sole supervision of the director.  The       855          

proportion of the cost and expense payable by the municipal        856          

corporation shall be paid by the proper officers thereof, upon     857          

the requisition of the director, and at times during the progress  858          

of the work as may be determined by the director or as may be      859          

otherwise provided by law.                                         860          

      Sec. 5525.19.  Payment for the cost of the establishment,    869          

construction, reconstruction, improvement, maintenance, and        870          

repair of a highway under Chapters 5501., 5503., 5511., 5513.,     871          

                                                          22     

                                                                 
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528.,     872          

5529., 5531., 5533., and 5535. of the Revised Code shall be made   873          

at intervals of not more LESS than one ONCE A month as the work    875          

progresses, upon estimates made by the district deputy director    876          

of transportation in charge of such THE improvement and upon       877          

approval of the director of transportation.  Except as provided    879          

in this section, no payment by the state on account of a contract  880          

for any improvement under such chapters shall, before the          881          

completion of the contract, exceed ninety-two per cent of the      882          

value of the work performed to the date of such payment, and       883          

eight per cent of the value of work performed shall be held until  884          

the final completion of the contract in accordance with the plans  885          

and specifications. In addition to the above payments on account   886          

of work performed, the director may allow and pay to a contractor  887          

a sum not exceeding ninety-two per cent of the value of material   888          

delivered on the site of the work, or in the vicinity thereof,     889          

but not yet incorporated therein, provided such material has been  890          

inspected and found to meet the specifications.  When an estimate  891          

is allowed on account of material delivered on the site of the     892          

work or in the vicinity thereof, but not yet incorporated          893          

therein, such THE material shall become the property of the        894          

state, but if such THE material is stolen, destroyed, or damaged   895          

by casualty before being used, or for any reason becomes unfit     897          

for use, the contractor shall replace the material at his THE      898          

CONTRACTOR'S own expense.  When the retained percentage, plus the  900          

difference between the contract price and the estimates allowed,   901          

exceeds by more than eight per cent the estimated cost of          902          

completing the work, as determined by the director, he may pay     903          

the contractor all or any part of the excess sum, retaining not    905          

less than the estimated cost of completing the work, as            906          

determined by the director, plus eight per cent.  When a portion   907          

of a highway covered by a contract is completed and opened to      908          

traffic, all retained percentages held in connection with such     909          

highway shall be released and paid to the contractor.              910          

                                                          23     

                                                                 
      In addition to the estimates provided for by law, the        912          

director may, under such conditions as he THE DIRECTOR             913          

prescribes, MAY allow and pay to a contractor a sum not exceeding  915          

ninety-two per cent of the value of THE material delivered by      916          

such THE contractor and safely stored at a railroad station, or    917          

siding, or other point in the vicinity of the work AN APPROVED     918          

SITE.  When such estimate is allowed, the material on which it is  920          

allowed shall become the property of the state, but in case such   921          

THE material is stolen, destroyed, or damaged by casualty before   922          

being used, or for any reason becomes unfit for use, the           923          

contractor shall replace the material at his THE CONTRACTOR'S      924          

expense.  A contractor may insure against loss or damage by fire   925          

or otherwise all materials on which estimates have been allowed.   926          

      Sec. 5533.48.  THAT PORTION OF THE HIGHWAY KNOWN AS UNITED   928          

STATES ROUTE NUMBER TWO HUNDRED TWENTY-FOUR, RUNNING IN A          929          

WESTERLY TO EASTERLY DIRECTION, COMMENCING AT THE JUNCTION WITH    930          

STATE ROUTE TWO HUNDRED FORTY-ONE IN SUMMIT COUNTY AND EXTENDING   931          

TO STATE ROUTE NINETY-ONE SHALL BE KNOWN AS THE "CLIFF SKEEN       932          

MEMORIAL HIGHWAY."                                                 933          

      THE DIRECTOR OF TRANSPORTATION MAY ERECT SUITABLE MARKERS    935          

UPON THE HIGHWAYS INDICATING ITS NAME.                             936          

      Section 2.  That existing sections 124.34, 4117.01,          938          

5501.31, 5513.02, 5515.02, 5521.01, and 5525.19 and section        939          

5501.19 of the Revised Code are hereby repealed.                   940