As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. S. B. No. 229 5
1997-1998 6
SENATORS OELSLAGER-HERINGTON-B. JOHNSON-RAY-GAETH-CARNES- 8
MUMPER-DRAKE 9
11
A B I L L
To amend sections 124.34, 4117.01, 5501.31, 5513.02, 13
5515.02, 5521.01, and 5525.19, to enact sections 14
5501.20, 5516.05, and 5533.48, and to repeal 15
section 5501.19 of the Revised Code to make 17
changes in certain laws governing the Department 18
of Transportation in the areas of appropriation 19
of property for political subdivisions for 20
transportation purposes and the purchase of 21
certain supplies by the Department, to create a 22
pilot program establishing the career 23
professional service within the classified civil 24
service of the Department of Transportation and 25
authorizing the Department to appoint persons to 26
positions within the career professional service,
to eliminate the right of certain unclassified 27
employees of the Department to return to 28
classified positions they previously held, to
create a scenic byway program in the Department, 29
and to designate a portion of United States Route 30
Number Two Hundred Twenty-Four as the "Cliff
Skeen Memorial Highway." 31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 124.34, 4117.01, 5501.31, 35
5513.02, 5515.02, 5521.01, and 5525.19 be amended and sections 36
5501.20, 5516.05, and 5533.48 of the Revised Code be enacted to 39
2
read as follows:
Sec. 124.34. The tenure of every officer or employee in 48
the classified service of the state and the counties, civil 49
service townships, cities, city health districts, general health 50
districts, and city school districts thereof, holding a position 51
under this chapter of the Revised Code, shall be during good 52
behavior and efficient service, and no such officer or employee 53
shall be reduced in pay or position, fined in excess of five 54
days' pay, suspended, or removed, except as provided in section 55
124.32 of the Revised Code, and for incompetency, inefficiency, 56
dishonesty, drunkenness, immoral conduct, insubordination, 57
discourteous treatment of the public, neglect of duty, violation 58
of such sections or the rules of the director of administrative 59
services or the commission, or any other failure of good 60
behavior, or any other acts of misfeasance, malfeasance, or 61
nonfeasance in office. A finding by the appropriate ethics 62
commission, based upon a preponderance of the evidence, that the 63
facts alleged in a complaint under section 102.06 of the Revised 64
Code constitute a violation of Chapter 102., section 2921.42, or 65
section 2921.43 of the Revised Code may constitute grounds for 66
dismissal. Failure to file a statement or falsely filing a 67
statement required by section 102.02 of the Revised Code may also 68
constitute grounds for dismissal. THE TENURE OF AN EMPLOYEE IN 69
THE CAREER PROFESSIONAL SERVICE OF THE DEPARTMENT OF
TRANSPORTATION IS SUBJECT TO SECTION 5501.20 OF THE REVISED CODE. 71
In any case of a fine, reduction, suspension of more than 73
three working days, or removal, the appointing authority shall 74
furnish such employee with a copy of the order of reduction, 75
suspension, or removal, which order shall state the reasons 76
therefor. Such order shall be filed with the director of 77
administrative services and state personnel board of review, or 78
the commission, as may be appropriate. 79
Within ten days following the filing of such order OR, IN 81
THE CASE OF AN EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE OF THE 82
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DEPARTMENT OF TRANSPORTATION, WITHIN TEN DAYS FOLLOWING THE 83
FILING OF A REMOVAL ORDER, the employee may file an appeal, in 85
writing, with the state personnel board of review or the 86
commission. In the event such an appeal is filed, the board or 87
commission shall forthwith notify the appointing authority and 88
shall hear, or appoint a trial board to hear, such appeal within 89
thirty days from and after its filing with the board or 90
commission, and it may affirm, disaffirm, or modify the judgment 91
of the appointing authority.
In cases of removal or reduction in pay for disciplinary 93
reasons, either the appointing authority or the officer or 94
employee may appeal from the decision of the state personnel 95
board of review or the commission to the court of common pleas of 96
the county in which the employee resides in accordance with the 97
procedure provided by section 119.12 of the Revised Code. 98
In the case of the suspension for any period of time, or a 101
fine, demotion, or removal of a chief of police or a chief of a 102
fire department or any member of the police or fire department of
a city or civil service township, the appointing authority shall 103
furnish such chief or member of a department with a copy of the 104
order of suspension, demotion, or removal, which order shall 105
state the reasons therefor. Such order shall be filed with the 106
municipal or civil service township civil service commission. 107
Within ten days following the filing of such order such chief or 108
member of a department may file an appeal, in writing, with the 109
municipal or civil service township civil service commission. In 110
the event such an appeal is filed, the commission shall forthwith 111
notify the appointing authority and shall hear, or appoint a 112
trial board to hear, such appeal within thirty days from and 113
after its filing with the commission, and it may affirm, 114
disaffirm, or modify the judgment of the appointing authority. 115
An appeal on questions of law and fact may be had from the 116
decision of the municipal or civil service township civil service 117
commission to the court of common pleas in the county in which 118
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such city or civil service township is situated. Such appeal 119
shall be taken within thirty days from the finding of the 120
commission. 121
A violation of division (A)(7) of section 2907.03 of the 123
Revised Code is grounds for termination of employment of a 124
nonteaching employee under this section. 125
Sec. 4117.01. As used in this chapter: 134
(A) "Person," in addition to those included in division 136
(C) of section 1.59 of the Revised Code, includes employee 137
organizations, public employees, and public employers. 138
(B) "Public employer" means the state or any political 140
subdivision of the state located entirely within the state, 141
including, without limitation, any municipal corporation with a 142
population of at least five thousand according to the most recent 143
federal decennial census; county; township with a population of 144
at least five thousand in the unincorporated area of the township 145
according to the most recent federal decennial census; school 146
district; governing authority of a community school established 147
under Chapter 3314. of the Revised Code; state institution of 148
higher learning; public or special district; state agency, 149
authority, commission, or board; or other branch of public 150
employment.
(C) "Public employee" means any person holding a position 152
by appointment or employment in the service of a public employer, 153
including any person working pursuant to a contract between a 154
public employer and a private employer and over whom the national 155
labor relations board has declined jurisdiction on the basis that 156
the involved employees are employees of a public employer, 157
except: 158
(1) Persons holding elective office; 160
(2) Employees of the general assembly and employees of any 162
other legislative body of the public employer whose principal 163
duties are directly related to the legislative functions of the 164
body; 165
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(3) Employees on the staff of the governor or the chief 167
executive of the public employer whose principal duties are 168
directly related to the performance of the executive functions of 169
the governor or the chief executive; 170
(4) Persons who are members of the Ohio organized militia, 172
while training or performing duty under section 5919.29 or 173
5923.12 of the Revised Code; 174
(5) Employees of the state employment relations board; 176
(6) Confidential employees; 178
(7) Management level employees; 180
(8) Employees and officers of the courts, assistants to 182
the attorney general, assistant prosecuting attorneys, and 183
employees of the clerks of courts who perform a judicial 184
function; 185
(9) Employees of a public official who act in a fiduciary 187
capacity, appointed pursuant to section 124.11 of the Revised 188
Code; 189
(10) Supervisors; 191
(11) Students whose primary purpose is educational 193
training, including graduate assistants or associates, residents, 194
interns, or other students working as part-time public employees 195
less than fifty per cent of the normal year in the employee's 196
bargaining unit; 197
(12) Employees of county boards of election; 199
(13) Seasonal and casual employees as determined by the 201
state employment relations board; 202
(14) Part-time faculty members of an institution of higher 204
education; 205
(15) Employees of the state personnel board of review; 207
(16) Employees of the board of directors of the Ohio 209
low-level radioactive waste facility development authority 210
created in section 3747.05 of the Revised Code; 211
(17) Participants in a work activity, developmental 215
activity, or alternative work activity under sections 5107.40 to
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5107.69 of the Revised Code who perform a service for a public 219
employer that the public employer needs but is not performed by 220
an employee of the public employer if the participant is not 222
engaged in paid employment or subsidized employment purusant to
the activity; 223
(18) EMPLOYEES INCLUDED IN THE CAREER PROFESSIONAL SERVICE 225
OF THE DEPARTMENT OF TRANSPORTATION UNDER SECTION 5501.20 OF THE 226
REVISED CODE. 227
(D) "Employee organization" means any labor or bona fide 229
organization in which public employees participate and that 230
exists for the purpose, in whole or in part, of dealing with 231
public employers concerning grievances, labor disputes, wages, 232
hours, terms, and other conditions of employment. 233
(E) "Exclusive representative" means the employee 235
organization certified or recognized as an exclusive 236
representative under section 4117.05 of the Revised Code. 237
(F) "Supervisor" means any individual who has authority, 239
in the interest of the public employer, to hire, transfer, 240
suspend, lay off, recall, promote, discharge, assign, reward, or 241
discipline other public employees; to responsibly direct them; to 242
adjust their grievances; or to effectively recommend such action, 243
if the exercise of that authority is not of a merely routine or 244
clerical nature, but requires the use of independent judgment, 245
provided that: 246
(1) Employees of school districts who are department 248
chairpersons or consulting teachers shall not be deemed 249
supervisors; 250
(2) With respect to members of a police or fire 252
department, no person shall be deemed a supervisor except the 253
chief of the department or those individuals who, in the absence 254
of the chief, are authorized to exercise the authority and 255
perform the duties of the chief of the department. Where prior 256
to June 1, 1982, a public employer pursuant to a judicial 257
decision, rendered in litigation to which the public employer was 258
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a party, has declined to engage in collective bargaining with 259
members of a police or fire department on the basis that those 260
members are supervisors, those members of a police or fire 261
department do not have the rights specified in this chapter for 262
the purposes of future collective bargaining. The state 263
employment relations board shall decide all disputes concerning 264
the application of division (F)(2) of this section. 265
(3) With respect to faculty members of a state institution 267
of higher education, heads of departments or divisions are 268
supervisors; however, no other faculty member or group of faculty 269
members is a supervisor solely because the faculty member or 270
group of faculty members participate in decisions with respect to 271
courses, curriculum, personnel, or other matters of academic 272
policy; 273
(4) No teacher as defined in section 3319.09 of the 275
Revised Code shall be designated as a supervisor or a management 276
level employee unless the teacher is employed under a contract 277
governed by section 3319.01, 3319.011, or 3319.02 of the Revised 278
Code and is assigned to a position for which a license deemed to 280
be for administrators under state board rules is required 281
pursuant to section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual 283
obligation of the public employer, by its representatives, and 284
the representatives of its employees to negotiate in good faith 285
at reasonable times and places with respect to wages, hours, 286
terms, and other conditions of employment and the continuation, 287
modification, or deletion of an existing provision of a 288
collective bargaining agreement, with the intention of reaching 289
an agreement, or to resolve questions arising under the 290
agreement. "To bargain collectively" includes executing a 291
written contract incorporating the terms of any agreement 292
reached. The obligation to bargain collectively does not mean 293
that either party is compelled to agree to a proposal nor does it 294
require the making of a concession. 295
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(H) "Strike" means continuous concerted action in failing 297
to report to duty; willful absence from one's position; or 298
stoppage of work in whole from the full, faithful, and proper 299
performance of the duties of employment, for the purpose of 300
inducing, influencing, or coercing a change in wages, hours, 301
terms, and other conditions of employment. "Strike" does not
include a stoppage of work by employees in good faith because of 302
dangerous or unhealthful working conditions at the place of 303
employment that are abnormal to the place of employment. 304
(I) "Unauthorized strike" includes, but is not limited to, 306
concerted action during the term or extended term of a collective 307
bargaining agreement or during the pendency of the settlement 308
procedures set forth in section 4117.14 of the Revised Code in 309
failing to report to duty; willful absence from one's position; 310
stoppage of work; slowdown, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of 311
employment for the purpose of inducing, influencing, or coercing 312
a change in wages, hours, terms, and other conditions of 313
employment. "Unauthorized strike" includes any such action, 314
absence, stoppage, slowdown, or abstinence when done partially or 315
intermittently, whether during or after the expiration of the
term or extended term of a collective bargaining agreement or 316
during or after the pendency of the settlement procedures set 317
forth in section 4117.14 of the Revised Code. 318
(J) "Professional employee" means any employee engaged in 320
work that is predominantly intellectual, involving the consistent 322
exercise of discretion and judgment in its performance and 323
requiring knowledge of an advanced type in a field of science or 324
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished 325
from a general academic education or from an apprenticeship; or 326
an employee who has completed the courses of specialized 327
intellectual instruction and is performing related work under the 328
supervision of a professional person to become qualified as a 330
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professional employee.
(K) "Confidential employee" means any employee who works 332
in the personnel offices of a public employer and deals with 333
information to be used by the public employer in collective 334
bargaining; or any employee who works in a close continuing 335
relationship with public officers or representatives directly 336
participating in collective bargaining on behalf of the employer. 337
(L) "Management level employee" means an individual who 339
formulates policy on behalf of the public employer, who 340
responsibly directs the implementation of policy, or who may 341
reasonably be required on behalf of the public employer to assist 342
in the preparation for the conduct of collective negotiations, 343
administer collectively negotiated agreements, or have a major 344
role in personnel administration. Assistant superintendents, 345
principals, and assistant principals whose employment is governed 346
by section 3319.02 of the Revised Code are management level 347
employees. With respect to members of a faculty of a state 348
institution of higher education, no person is a management level 349
employee because of the person's involvement in the formulation 350
or implementation of academic or institution policy. 351
(M) "Wages" means hourly rates of pay, salaries, or other 353
forms of compensation for services rendered. 354
(N) "Member of a police department" means a person who is 356
in the employ of a police department of a municipal corporation 357
as a full-time regular police officer as the result of an 359
appointment from a duly established civil service eligibility
list or under section 737.15 or 737.16 of the Revised Code, a 360
full-time deputy sheriff appointed under section 311.04 of the 361
Revised Code, a township constable appointed under section 509.01 363
of the Revised Code, or a member of a township police district 364
police department appointed under section 505.49 of the Revised 365
Code.
(O) "Members of the state highway patrol" means highway 367
patrol troopers and radio operators appointed under section 368
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5503.01 of the Revised Code. 369
(P) "Member of a fire department" means a person who is in 371
the employ of a fire department of a municipal corporation or a 372
township as a fire cadet, full-time regular fire fighter, or 373
promoted rank as the result of an appointment from a duly 374
established civil service eligibility list or under section 375
505.38, 709.012, or 737.22 of the Revised Code. 376
(Q) "Day" means calendar day. 378
Sec. 5501.20. (A) AS USED IN THIS SECTION: 380
(1) "CAREER PROFESSIONAL SERVICE" MEANS THAT PART OF THE 382
COMPETITIVE CLASSIFIED SERVICE THAT CONSISTS OF EMPLOYEES OF THE 383
DEPARTMENT OF TRANSPORTATION WHO, REGARDLESS OF JOB 384
CLASSIFICATION, MEET BOTH OF THE FOLLOWING QUALIFICATIONS: 385
(a) THEY ARE SUPERVISORS, PROFESSIONAL EMPLOYEES WHO ARE 387
NOT IN A COLLECTIVE BARGAINING UNIT, CONFIDENTIAL EMPLOYEES, OR 389
MANAGEMENT LEVEL EMPLOYEES, ALL AS DEFINED IN SECTION 4117.01 OF 390
THE REVISED CODE.
(b) THEY EXERCISE AUTHORITY THAT IS NOT MERELY ROUTINE OR 393
CLERICAL IN NATURE AND REPORT ONLY TO A HIGHER LEVEL UNCLASSIFIED 394
EMPLOYEE OR EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE. 395
(2) "DEMOTED" MEANS THAT AN EMPLOYEE IS PLACED IN A 397
POSITION WHERE THE EMPLOYEE'S WAGE RATE EQUALS, OR IS NOT MORE 398
THAN TWENTY PER CENT LESS THAN, THE EMPLOYEE'S WAGE RATE 399
IMMEDIATELY PRIOR TO DEMOTION OR WHERE THE EMPLOYEE'S JOB 400
RESPONSIBILITIES ARE REDUCED, OR BOTH.
(3) "EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE WITH 402
RESTORATION RIGHTS" MEANS AN EMPLOYEE IN THE CAREER PROFESSIONAL 404
SERVICE WHO HAS BEEN IN THE CLASSIFIED CIVIL SERVICE FOR AT LEAST 405
TWO YEARS AND WHO HAS A CUMULATIVE TOTAL OF AT LEAST TEN YEARS OF 406
CONTINUOUS SERVICE WITH THE DEPARTMENT OF TRANSPORTATION. 407
(B) NOT LATER THAN THE FIRST DAY OF JULY OF EACH 410
ODD-NUMBERED YEAR, THE DIRECTOR OF TRANSPORTATION SHALL ADOPT A 411
RULE IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE THAT 413
ESTABLISHES A BUSINESS PLAN FOR THE DEPARTMENT OF TRANSPORTATION 414
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THAT STATES THE DEPARTMENT'S MISSION, BUSINESS OBJECTIVES, AND 415
STRATEGIES AND THAT ESTABLISHES A PROCEDURE BY WHICH EMPLOYEES IN 416
THE CAREER PROFESSIONAL SERVICE WILL BE HELD ACCOUNTABLE FOR 417
THEIR PERFORMANCE. THE DIRECTOR SHALL ADOPT A RULE THAT 418
ESTABLISHES A BUSINESS PLAN FOR THE DEPARTMENT ONLY ONCE IN EACH 419
TWO YEARS. WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF A RULE 421
THAT ESTABLISHES A BUSINESS PLAN FOR THE DEPARTMENT, THE DIRECTOR
SHALL ADOPT A RULE IN ACCORDANCE WITH SECTION 111.15 OF THE 423
REVISED CODE THAT IDENTIFIES SPECIFIC POSITIONS WITHIN THE 424
DEPARTMENT OF TRANSPORTATION THAT ARE INCLUDED IN THE CAREER 425
PROFESSIONAL SERVICE. THE DIRECTOR MAY AMEND THE RULE THAT 426
IDENTIFIES THE SPECIFIC POSITIONS INCLUDED IN THE CAREER
PROFESSIONAL SERVICE ONLY WITHIN SIXTY DAYS AFTER THE DIRECTOR 428
ADOPTS A RULE THAT ESTABLISHES A BUSINESS PLAN FOR THE
DEPARTMENT. ANY RULE ADOPTED UNDER THIS DIVISION IS SUBJECT TO 430
REVIEW AND INVALIDATION BY THE JOINT COMMITTEE ON AGENCY RULE 431
REVIEW AS PROVIDED IN DIVISION (D) OF SECTION 111.15 OF THE 433
REVISED CODE. THE DIRECTOR SHALL PROVIDE A COPY OF ANY RULE 435
ADOPTED UNDER THIS DIVISION TO THE DIRECTOR OF BUDGET AND
MANAGEMENT. 436
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AN EMPLOYEE 439
IN THE CAREER PROFESSIONAL SERVICE IS SUBJECT TO THE PROVISIONS 440
OF CHAPTER 124. OF THE REVISED CODE THAT GOVERN EMPLOYEES IN THE 442
CLASSIFIED CIVIL SERVICE.
(C) AFTER AN EMPLOYEE IS APPOINTED TO A POSITION IN THE 445
CAREER PROFESSIONAL SERVICE, THE EMPLOYEE'S DIRECT SUPERVISOR
SHALL PROVIDE THE EMPLOYEE APPOINTED TO THAT POSITION WITH A 447
WRITTEN PERFORMANCE ACTION PLAN THAT DESCRIBES THE DEPARTMENT'S 448
EXPECTATIONS FOR THAT EMPLOYEE IN FULFILLING THE MISSION, 449
BUSINESS OBJECTIVES, AND STRATEGIES STATED IN THE DEPARTMENT'S
BUSINESS PLAN. NO SOONER THAN FOUR MONTHS AFTER BEING APPOINTED 450
TO A POSITION IN THE CAREER PROFESSIONAL SERVICE, AN EMPLOYEE 452
APPOINTED TO THAT POSITION SHALL RECEIVE A WRITTEN PERFORMANCE 453
REVIEW BASED ON THE EMPLOYEE'S FULFILLMENT OF THE MISSION, 454
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BUSINESS OBJECTIVES, AND STRATEGIES STATED IN THE DEPARTMENT'S 455
BUSINESS PLAN. AFTER THE INITIAL PERFORMANCE REVIEW, THE 456
EMPLOYEE SHALL RECEIVE A WRITTEN PERFORMANCE REVIEW AT LEAST ONCE 457
EACH YEAR OR AS OFTEN AS THE DIRECTOR CONSIDERS NECESSARY. THE 458
DEPARTMENT SHALL GIVE AN EMPLOYEE WHOSE PERFORMANCE IS 460
UNSATISFACTORY AN OPPORTUNITY TO IMPROVE PERFORMANCE FOR A PERIOD 461
OF AT LEAST SIX MONTHS, BY MEANS OF A WRITTEN CORRECTIVE ACTION 462
PLAN, BEFORE THE DEPARTMENT TAKES ANY DISCIPLINARY ACTION UNDER 463
THIS SECTION OR SECTION 124.34 OF THE REVISED CODE. THE 464
DEPARTMENT SHALL BASE ITS PERFORMANCE REVIEW FORMS ON ITS 465
BUSINESS PLAN.
(D) AN EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE MAY BE 468
SUSPENDED, DEMOTED, OR REMOVED BECAUSE OF PERFORMANCE THAT 469
HINDERS OR RESTRICTS THE FULFILLMENT OF THE DEPARTMENT'S BUSINESS 470
PLAN OR FOR DISCIPLINARY REASONS UNDER SECTION 124.34 OR 124.57 471
OF THE REVISED CODE. AN EMPLOYEE IN THE CAREER PROFESSIONAL 472
SERVICE MAY APPEAL ONLY THE EMPLOYEE'S REMOVAL TO THE STATE 473
PERSONNEL BOARD OF REVIEW. 474
(E) AN EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE WITH 477
RESTORATION RIGHTS HAS RESTORATION RIGHTS IF DEMOTED BECAUSE OF 478
PERFORMANCE THAT HINDERS OR RESTRICTS FULFILLMENT OF THE MISSION, 479
BUSINESS OBJECTIVES, OR STRATEGIES STATED IN THE DEPARTMENT'S 480
BUSINESS PLAN, BUT NOT IF INVOLUNTARILY DEMOTED OR REMOVED FOR 481
ANY OF THE REASONS DESCRIBED IN SECTION 124.34 OR FOR A VIOLATION 482
OF 124.57 OF THE REVISED CODE. THE DIRECTOR SHALL DEMOTE AN 484
EMPLOYEE WHO HAS RESTORATION RIGHTS OF THAT NATURE TO A POSITION 486
IN THE CLASSIFIED SERVICE THAT IN THE DIRECTOR'S JUDGMENT IS
SIMILAR IN NATURE TO THE POSITION THE EMPLOYEE HELD IMMEDIATELY 488
PRIOR TO BEING APPOINTED TO THE POSITION IN THE CAREER
PROFESSIONAL SERVICE. THE DIRECTOR SHALL ASSIGN TO AN EMPLOYEE 489
WHO IS DEMOTED TO A POSITION IN THE CLASSIFIED SERVICE AS 491
PROVIDED IN THIS DIVISION A WAGE RATE THAT EQUALS, OR THAT IS NOT 492
MORE THAN TWENTY PER CENT LESS THAN, THE WAGE RATE ASSIGNED TO 493
THE EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE IMMEDIATELY PRIOR 494
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TO THE EMPLOYEE'S DEMOTION.
(F) THIS SECTION ESTABLISHES A PILOT PROGRAM FOR EMPLOYEES 497
IN THE CAREER PROFESSIONAL SERVICE OF THE DEPARTMENT OF 498
TRANSPORTATION. AT THE END OF EACH FISCAL BIENNIUM THAT THIS 499
PROGRAM IS IN EFFECT, THE DIRECTOR OF TRANSPORTATION SHALL 501
PREPARE A REPORT DESCRIBING AND EVALUATING THE OPERATION OF THE 502
PROGRAM AND FORWARD A COPY OF THE REPORT TO THE GOVERNOR, 503
DIRECTOR OF ADMINISTRATIVE SERVICES, SPEAKER OF THE HOUSE OF 504
REPRESENTATIVES, AND PRESIDENT OF THE SENATE.
Sec. 5501.31. The director of transportation shall have 513
general supervision of all roads comprising the state highway 514
system. He THE DIRECTOR may alter, widen, straighten, realign, 515
relocate, establish, construct, reconstruct, improve, maintain, 517
repair, and preserve any road or highway on the state highway 518
system, and, in connection therewith, relocate, alter, widen, 519
deepen, clean out, or straighten the channel of any watercourse 520
as he THE DIRECTOR considers necessary, and purchase or 522
appropriate property for the disposal of surplus materials or 523
borrow pits, and, where an established road has been relocated, 524
establish, construct, and maintain such connecting roads between 525
the old and new location as will provide reasonable access 526
thereto.
The director may purchase or appropriate property necessary 528
for the location or construction of any culvert, bridge, or 529
viaduct, or the approaches thereto, including any property needed 530
to extend, widen, or alter any feeder or outlet road, street, or 531
way adjacent to or under the bridge or viaduct when the 532
extension, widening, or alteration of the feeder road, street, or 533
way is necessary for the full utilization of the bridge or 534
viaduct, or for any other highway improvement. The director also 535
may purchase or appropriate, for such length of time as is 536
necessary and desirable, any additional property required for the 537
construction and maintenance of slopes, detour roads, sewers, 538
roadside parks, rest areas, recreational park areas, scenic view 539
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areas, drainage systems, or land to replace wetlands incident to 540
any highway improvement, that he THE DIRECTOR is or may be 541
authorized to locate or construct. Title to property purchased 543
or appropriated by the director shall be taken in the name of the 544
state either in fee simple or in any lesser estate or interest 545
that the director considers necessary or proper, in accordance 546
with forms to be prescribed by the attorney general. The deed 547
shall contain a description of the property and be recorded in 548
the county where the property is situated and, when recorded, 549
shall be kept on file in the department of transportation. 550
Provided that when property, other than property used by a 552
railroad for operating purposes, is acquired in connection with 553
improvements involving projects affecting railroads wherein the 554
department of transportation is obligated to acquire property 555
under grade separation statutes, or on other improvements wherein 556
the department is obligated to acquire lands under agreements 557
with railroads, or with a public utility, POLITICAL SUBDIVISION, 558
public corporation, or private corporation owning similar 560
TRANSPORTATION facilities for the readjustment or, relocation, OR 562
IMPROVEMENT of their facilities, a fee simple title or an 564
easement may be acquired by purchase or appropriation in the name 565
of the railroad, public utility, POLITICAL SUBDIVISION, public 566
corporation, or private corporation in the discretion of the 567
director. When the title to lands, which are required to adjust, 568
RELOCATE, OR IMPROVE such facilities pursuant to agreements with 570
the director, is taken in the name of the state, the lands may, 571
in the discretion of the director, MAY be conveyed in fee simple 572
or the right acquired to the railroad, PUBLIC utility, POLITICAL 574
SUBDIVISION, or PUBLIC corporation for which they were acquired. 575
The conveyance shall be prepared by the attorney general and 576
executed by the governor and bear the great seal of the state of 577
Ohio.
The director, in the maintenance or repair of state 579
highways, is not limited to the use of the materials with which 580
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the highways, including the bridges and culverts thereon, were 581
originally constructed, but may use any material which THAT is 582
proper or suitable. The director may aid the ANY board of county 584
commissioners in establishing, creating, and repairing suitable 585
systems of drainage for all highways within the jurisdiction or 586
control of the board and advise with it as to the establishment, 587
construction, improvement, maintenance, and repair of the 588
highways. 589
Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517., 591
5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., 592
and 5535. of the Revised Code do not prohibit the federal 593
government, or any individual or corporation, from contributing a 594
portion of the cost of the establishment, construction, 595
reconstruction, relocating, widening, resurfacing, maintenance, 596
and repair of the highways. 597
Except in the case of maintaining, repairing, erecting 599
traffic signs on, or pavement marking of state highways within 600
villages, which is mandatory as required by section 5521.01 of 601
the Revised Code, and except as provided in section 5501.49 of 602
the Revised Code, no duty of constructing, reconstructing, 603
widening, resurfacing, maintaining, or repairing state highways 604
within municipal corporations, or the bridges and culverts 605
thereon, shall attach to or rest upon the director, but he THE 606
DIRECTOR may construct, reconstruct, widen, resurface, maintain, 608
and repair the same with or without the cooperation of any 609
municipal corporation, or with or without the cooperation of 610
boards of county commissioners upon each municipal corporation 611
consenting thereto. 612
Sec. 5513.02. (A) Specifications describing the character 621
of the articles which it THAT THE DEPARTMENT OF TRANSPORTATION is 623
proposed PROPOSING to purchase, and the conditions governing 624
shipment and delivery, shall be kept on file at the department of 625
transportation and open to public inspection throughout the time 626
during which it is required that an invitation to bidders IS 627
16
REQUIRED TO be posted. The director of transportation may 628
require bids to be accompanied by a certified check payable to 629
him THE DIRECTOR in an amount fixed by him THE DIRECTOR and 630
stated in the invitation to bidders. Persons, firms, or 631
corporations desiring to bid on more than one invitation shall be 632
relieved from furnishing certified checks with their bids 633
provided they first furnish a bond payable to the state, in an 634
amount and with surety approved by the director, conditioned for 635
the faithful performances of all contracts which THAT may be 636
awarded to them, and otherwise conditioned as the director 638
requires. All bids shall be publicly opened and read at the time 639
and place mentioned in the notice. All purchases shall be made 640
by the director from the lowest responsive and responsible bidder 641
for each item in accordance with section 9.312 of the Revised 642
Code, EXCEPT WHERE THE DIRECTOR HAS ESTABLISHED IN THE BIDDING 643
DOCUMENTS A PROVISION FOR MULTIPLE AWARDS FOR THE PURCHASE OF 644
ITEMS SUCH AS ASPHALT, AGGREGATES, MACHINERY PARTS, AND OTHERS AS 646
THE DIRECTOR DETERMINES NECESSARY, AND except that in the 647
purchase of machinery, equipment, or supplies for which fixed and 648
definite specifications cannot be prepared, the director may 649
purchase the article ARTICLES meeting the general specifications 650
prescribed and which he THE DIRECTOR finds are most suitable for 651
the uses intended. Sections 5513.01 to 5513.04 of the Revised 653
Code shall apply to the exchange of machinery and equipment and 654
in force account operations where the director desires to combine 655
in one order the furnishing, hauling, and placing of material. 656
The director may purchase or authorize the purchase without 657
notice, or upon such notice as he THE DIRECTOR prescribes, of 658
materials which THAT in his THE DIRECTOR'S judgment may be 660
required for the immediate repair of roads or bridges destroyed 661
or damaged by flood, landslide, or other casualty. No person 662
shall place separate orders for the purpose of defeating such 663
sections, and contracts of purchase shall not be valid unless 664
made in conformity with this section.
17
(B) Division (B) of section 125.11 of the Revised Code 666
applies to the purchase of products by the director pursuant to 667
sections 5513.01 to 5513.04 of the Revised Code. 668
Sec. 5515.02. All individuals, firms, and corporations 677
using or occupying any part of a road or highway on the state 678
highway system, or the bridges or culverts thereon, with 679
telegraph or telephone lines, steam, electrical, or industrial 680
railways, oil, gas, water, or other pipes, mains, conduits, or 681
any object or structure, other than by virtue of a franchise or 682
permit granted and in force, shall remove from the bounds of such 683
THE road, highway, bridge, or culvert, their poles and wires 684
connected therewith, and any tracks, switches, spurs, or oil, 685
gas, water, or other pipes, mains, conduits, or other objects or 686
structures, when in the opinion of the director of transportation 687
they constitute obstructions in such THE roads, highways, 688
bridges, or culverts, or interfere or may interfere with the 689
contemplated construction, reconstruction, improvement, 690
maintenance, or repair of such THE roads, highways, bridges, or 691
culverts thereon, or interfere or may interfere with the THEIR 693
use of such roads, highways, bridges, or culverts thereon, by the 694
traveling public.
All individuals, firms, or corporations so occupying any 696
road or highway on the state highway system, or the bridges or 697
culverts thereon, under and by virtue of a franchise or permit 698
granted and in force, shall relocate their properties and all 699
parts thereof within the bounds of such THE road, highway, 700
bridge, or culvert when in the opinion of the director they 701
constitute obstructions in any such THE road, highway, bridge, or 702
culvert, or interfere with or may interfere with the contemplated 703
construction, reconstruction, improvement, maintenance, or repair 704
of such THE road, highway, bridge, or culvert, or interfere with 706
or may interfere with the ITS use of such road, highway, bridge, 708
or culvert, which. THE relocation within the bounds of such THE 710
road, highway, bridge, or culvert shall be in the manner and to 711
18
the extent prescribed by the director. 712
If, in the opinion of the director, such individuals, 714
firms, or corporations have obstructed any road or highway on the 715
state highway system, or the bridges or culverts thereon, or if 716
any of their properties, in his THE DIRECTOR'S opinion, are so 717
located that they do or may interfere with the contemplated 719
construction, reconstruction, improvement, maintenance, or repair 720
of such THE road, highway, bridge, or culvert, or if, in his 722
opinion, they interfere with or may interfere with the use of 723
such THE road, highway, bridge, or culvert by the traveling 724
public, said THE director shall notify such individual, firm, or 725
corporation directing the removal of such THE obstruction or 726
properties, or the relocation of such THE properties, and, if 727
such individual, firm, or corporation does not within five days 729
from the service of such THE notice proceed to remove or relocate 730
the same OBSTRUCTION OR PROPERTIES and complete the removal or 731
relocation within a reasonable time, the director may remove or 733
relocate the same by employing the necessary labor, tools, and 734
equipment. The costs and expenses shall, in the first instance, 735
be paid by the director out of any appropriation of the
department of transportation available for the establishment, 736
construction, reconstruction, improvement, maintenance, or repair 737
of highways, and the amount thereof shall be certified to the 738
attorney general for collection by civil action. Said notice 739
NOTICE OF THE ACTION shall be served by the sheriff in the manner 740
as summons in civil actions MADE BY PERSONAL SERVICE OR BY 741
CERTIFIED MAIL.
Sec. 5516.05. THE DIRECTOR OF TRANSPORTATION MAY DESIGNATE 743
ANY PORTION OF THE INTERSTATE SYSTEM, NATIONAL HIGHWAY SYSTEM, OR 744
PRIMARY SYSTEM AS A SCENIC BYWAY. THE DIRECTOR SHALL EXCLUDE 745
FROM DESIGNATION AS A SCENIC BYWAY ANY SEGMENT OF A HIGHWAY IN A 746
ZONED OR UNZONED COMMERCIAL OR INDUSTRIAL AREA THAT IS DETERMINED 747
BY THE DIRECTOR TO BE INCONSISTENT WITH THE DESIGNATION OF A
SCENIC BYWAY. 748
19
NO ADVERTISING DEVICE MAY BE ERECTED UPON A DESIGNATED 750
SCENIC BYWAY, EXCEPT IN ACCORDANCE WITH DIVISION (A), (B), OR (C) 751
OF SECION 5516.02 OF THE REVISED CODE, DIVISION (A), (B), (C), 753
(D), (E), OR (G) OF SECTION 5516.06 OF THE REVISED CODE, OR
DIVISION (A), (B), (C), OR (D) OF SECTION 5516.061 OF THE REVISED 755
CODE. ANY ADVERTISING DEVICE LAWFULLY IN EXISTENCE PRIOR TO THE
DESIGNATION OF A SCENIC BYWAY, UPON SUCH DESIGNATION, IS A 756
NONCONFORMING ADVERTISING DEVICE UNDER SECTION 5516.07 OF THE 757
REVISED CODE.
Sec. 5521.01. The director of transportation, upon the 766
request by and the approval of the legislative authority of a 767
village, shall maintain, repair, and apply standard longitudinal 768
pavement marking lines as the director considers appropriate, or 770
may establish, construct, reconstruct, improve, or widen any 771
section of a state highway within the limits of a village. The 772
director also may erect regulatory and warning signs, as defined 773
in the manual adopted under section 4511.09 of the Revised Code, 774
on any section of a state highway within the limits of a village. 775
The director may establish, construct, reconstruct, improve, 776
widen, maintain, or repair any section of state highway within 777
the limits of a city, including the elimination of railway grade 778
crossings, and pay the entire or any part of the cost and expense 779
thereof from state funds, but in all cases the director first 781
shall obtain the consent of the legislative authority of the
municipal corporation, except that the director need not obtain 783
the consent of the municipal corporation if the existing highway 784
being changed or the location of an additional highway being 785
established was not within the corporate limits of the municipal 786
corporation at the time the director determines the establishment 787
or change should be made, or if the director is acting pursuant 789
to section 5501.49 of the Revised Code. 790
Except as provided in section 5501.49 of the Revised Code, 792
when in the opinion of the director there is urgent need to 793
establish a state highway, which is to be designated a federal 794
20
aid highway, or a federal aid interstate highway within a 795
municipal corporation or, in the opinion of the director, any 796
federal aid highway or interstate federal aid highway is in 797
urgent need of repair, reconstruction, widening, improvement, or 798
relocation, so as to accommodate the traveling public, the 799
director shall submit a written request to the legislative 800
authority of the municipal corporation for its consent to the 801
desired establishment or improvement. The legislative authority, 802
within sixty days after such THE written request has been 803
received from the director, shall either SHALL grant its consent 804
to the establishment or improvement or refuse consent by filing 805
in writing with the director a statement of its reasons for 806
refusing consent and any alternate proposals it considers 807
reasonable. If the legislative authority fails to act or refuses 808
consent, the director, upon consideration of the reasons for 809
rejection, may make a resolution declaring the necessity of the 810
establishment or improvement, and then proceed in the same manner 812
as if consent had been given. A certified copy of the resolution 813
shall be served upon the municipal legislative authority, which, 814
within twenty days from the date of service, may appeal to the 815
court of common pleas of the county in which the municipal 816
corporation is situated, upon the reasonableness and necessity of 817
the action provided for in the resolution. In the hearing upon 818
appeal, the director shall introduce the record of the director's 819
proceedings, including the director's findings with respect to 821
factors referred to in section 5521.011 of the Revised Code, and 822
such other competent evidence as the director desires in support 823
of the director's resolution, and the municipality likewise may 824
introduce competent evidence opposing the resolution, and 825
findings. The court may affirm or revoke the resolution. The 826
decision of the common pleas court may be appealed to the court 827
of appeals and the supreme court as in other cases. If the court 828
affirms the resolution, the director may proceed with the 829
establishment or improvement with or without the cooperation of 830
21
the municipal corporation. Any such municipal corporation may 831
cooperate with the director in the work and pay such portion of 832
the cost as is agreed upon between the municipal corporation and 833
the director. The legislative authority of any municipal 834
corporation desiring to cooperate, by resolution, may propose 835
such cooperation to the director, and a copy of the resolution, 836
which shall set forth the proportion of the cost and expense to 837
be contributed by the municipal corporation, shall be filed with 838
the director. The director shall cause to be prepared the 839
necessary surveys, plans, profiles, cross sections, estimates, 840
and specifications and shall file copies of them with the 842
legislative authority of the municipal corporation. After the 844
legislative authority has approved the surveys, plans, profiles, 845
cross sections, estimates, and specifications, and after the 846
municipal corporation has provided the funds necessary to meet 847
the portion of the cost of the work assumed by it, the municipal 848
corporation shall enter into a contract with the state providing 849
for payment by the municipal corporation of the agreed portion of 850
the cost. The form of the contract shall be prescribed by the 851
attorney general, and all such contracts shall be submitted to 852
the attorney general DIRECTOR and approved by the attorney 853
general before the director advertises ADVERTISING for bids. 854
Section 5705.41 of the Revised Code applies to such contract to 855
be made by the municipal corporation, and a duplicate of the 856
certificate of the chief fiscal officer of the municipal 857
corporation shall be filed in the office of the director. That 858
part of the cost of the work assumed by the municipal corporation 859
shall be paid from the proceeds of taxes or special assessments, 860
or both, or from the proceeds of notes or bonds issued and sold 861
in anticipation of the collection of such THE taxes and 862
assessments. For the purpose of providing funds for the payment 863
of that part of the cost of the work assumed by the municipal 864
corporation, the municipal corporation has the same authority to 865
make special assessments, levy taxes, and issue bonds or notes, 866
22
in anticipation of the collection of the same, as it has with 867
respect to improvements constructed under the sole supervision 868
and control of the municipal corporation. All such assessments 869
shall be made, taxes levied, and bonds or notes issued and sold 870
under such conditions and restrictions as may be provided with 871
respect to assessments, taxes, bonds, or notes made, levied, 872
issued, or sold in connection with improvements of the same class 873
and character constructed under the sole supervision and control 874
of the municipal corporation. The improvement shall be 875
constructed under the sole supervision of the director. The 876
proportion of the cost and expense payable by the municipal 877
corporation shall be paid by the proper officers thereof, upon 878
the requisition of the director, and at times during the progress 879
of the work as may be determined by the director or as may be 880
otherwise provided by law. 881
Sec. 5525.19. Payment for the cost of the establishment, 890
construction, reconstruction, improvement, maintenance, and 891
repair of a highway under Chapters 5501., 5503., 5511., 5513., 892
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 893
5529., 5531., 5533., and 5535. of the Revised Code shall be made 894
at intervals of not more LESS than one ONCE A month as the work 896
progresses, upon estimates made by the district deputy director 897
of transportation in charge of such THE improvement and upon 898
approval of the director of transportation. Except as provided 900
in this section, no payment by the state on account of a contract 901
for any improvement under such chapters shall, before the 902
completion of the contract, exceed ninety-two per cent of the 903
value of the work performed to the date of such payment, and 904
eight per cent of the value of work performed shall be held until 905
the final completion of the contract in accordance with the plans 906
and specifications. In addition to the above payments on account 907
of work performed, the director may allow and pay to a contractor 908
a sum not exceeding ninety-two per cent of the value of material 909
delivered on the site of the work, or in the vicinity thereof, 910
23
but not yet incorporated therein, provided such material has been 911
inspected and found to meet the specifications. When an estimate 912
is allowed on account of material delivered on the site of the 913
work or in the vicinity thereof, but not yet incorporated 914
therein, such THE material shall become the property of the 915
state, but if such THE material is stolen, destroyed, or damaged 916
by casualty before being used, or for any reason becomes unfit 918
for use, the contractor shall replace the material at his THE 919
CONTRACTOR'S own expense. When the retained percentage, plus the 921
difference between the contract price and the estimates allowed, 922
exceeds by more than eight per cent the estimated cost of 923
completing the work, as determined by the director, he may pay 924
the contractor all or any part of the excess sum, retaining not 926
less than the estimated cost of completing the work, as 927
determined by the director, plus eight per cent. When a portion 928
of a highway covered by a contract is completed and opened to 929
traffic, all retained percentages held in connection with such 930
highway shall be released and paid to the contractor. 931
In addition to the estimates provided for by law, the 933
director may, under such conditions as he THE DIRECTOR 934
prescribes, MAY allow and pay to a contractor a sum not exceeding 936
ninety-two per cent of the value of THE material delivered by 937
such THE contractor and safely stored at a railroad station, or 938
siding, or other point in the vicinity of the work AN APPROVED 939
SITE. When such estimate is allowed, the material on which it is 941
allowed shall become the property of the state, but in case such 942
THE material is stolen, destroyed, or damaged by casualty before 943
being used, or for any reason becomes unfit for use, the 944
contractor shall replace the material at his THE CONTRACTOR'S 945
expense. A contractor may insure against loss or damage by fire 946
or otherwise all materials on which estimates have been allowed. 947
Sec. 5533.48. THAT PORTION OF THE HIGHWAY KNOWN AS UNITED 949
STATES ROUTE NUMBER TWO HUNDRED TWENTY-FOUR, RUNNING IN A 950
WESTERLY TO EASTERLY DIRECTION, COMMENCING AT THE JUNCTION WITH 951
24
STATE ROUTE TWO HUNDRED FORTY-ONE IN SUMMIT COUNTY AND EXTENDING 952
TO STATE ROUTE NINETY-ONE SHALL BE KNOWN AS THE "CLIFF SKEEN 953
MEMORIAL HIGHWAY." 954
THE DIRECTOR OF TRANSPORTATION MAY ERECT SUITABLE MARKERS 956
UPON THE HIGHWAYS INDICATING ITS NAME. 957
Section 2. That existing sections 124.34, 4117.01, 959
5501.31, 5513.02, 5515.02, 5521.01, and 5525.19 and section 960
5501.19 of the Revised Code are hereby repealed. 961
Section 3. Notwithstanding the limitation in division (B) 963
of section 5501.20 of the Revised Code that the Director of 964
Transportation adopt a rule establishing a business plan for the 965
Department of Transportation only once in each two years, at the 966
earliest time permitted by law after the effective date of this 967
act, the Director shall adopt the rules specified in division (B)
of section 5501.20 of the Revised Code. The rules adopted under 968
this section shall be in effect until succeeding rules are 969
adopted under section 5501.20 of the Revised Code. 970