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
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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 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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