As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 210  5            

      1999-2000                                                    6            


                           SENATOR RAY                             8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend section 124.14 of the Revised Code to        12           

                clarify the authority of the boards of trustees    13           

                of, or officers designated by the boards of        14           

                trustees of, state-supported colleges or           15           

                universities over decision-making related to                    

                employees of these institutions.                   16           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That section 124.14 of the Revised Code be       20           

amended to read as follows:                                        21           

      Sec. 124.14.  (A)(1)  The director of administrative         30           

services shall establish, and may modify or repeal, by rule, a     31           

job classification plan for all positions, offices, and            32           

employments the salaries of which are paid in whole or in part by  33           

the state.  The director shall group jobs within a classification  34           

so that the positions are similar enough in duties and             35           

responsibilities to be described by the same title, to have the    36           

same pay assigned with equity, and to have the same                37           

qualifications for selection applied.  The director shall, by      38           

rule, assign a classification title to each classification within  39           

the classification plan.  However, the director shall consider in  40           

establishing classifications, including classifications with       41           

parenthetical titles, and assigning pay ranges such factors as     42           

duties performed only on one shift, special skills in short        43           

supply in the labor market, recruitment problems, separation       44           

rates, comparative salary rates, the amount of training required,  45           

and other conditions affecting employment.  The director shall     46           

                                                          2      


                                                                 
describe the duties and responsibilities of the class and          47           

establish the qualifications for being employed in that position,  48           

and shall file with the secretary of state a copy of               49           

specifications for all of the classifications.  The director       50           

shall file new, additional, or revised specifications with the     51           

secretary of state before being used.  The                         52           

      THE director shall, by rule, assign each classification,     55           

either on a statewide basis or in particular counties or state     56           

institutions, to a pay range established under section 124.15 or   57           

section 124.152 of the Revised Code.  The director may assign a    58           

classification to a pay range on a temporary basis for a period    59           

of time designated in the rule.  The director may establish, by    60           

rule adopted under Chapter 119. of the Revised Code, experimental  61           

classification plans for some or all employees paid directly by                 

warrant of the auditor of state.  The administrative rule shall    62           

include specifications for each classification within the plan     63           

and shall specifically address compensation ranges, and methods    64           

for advancing within the ranges, for the classifications, which    65           

may be assigned to pay ranges other than the pay ranges            66           

established under section 124.15 or 124.152 of the Revised Code.                

      (2)  The director may reassign to a proper classification    68           

those positions that have been assigned to an improper             70           

classification.  If the compensation of an employee in such a      71           

reassigned position exceeds the maximum rate of pay for the        72           

employee's new classification, the employee shall be placed in                  

pay step X and shall not receive an increase in compensation       73           

until the maximum rate of pay for that classification exceeds the  75           

employee's compensation.                                                        

      (3)  The director may reassign an exempt employee, as        77           

defined in section 124.152 of the Revised Code, to a bargaining    78           

unit classification if the director determines that the            80           

bargaining unit classification is the proper classification for                 

that employee.  Notwithstanding Chapter 4117. of the Revised Code  81           

or instruments and contracts negotiated under it, such placements  82           

                                                          3      


                                                                 
are at the director's discretion.                                  83           

      (4)  The director shall, by rule, assign related             85           

classifications, which form a career progression, to a             86           

classification series.  The director shall, by rule, assign each   87           

classification in the classification plan a five-digit number,     88           

the first four digits of which shall denote the classification     89           

series to which the classification is assigned.  When a career     90           

progression encompasses more than ten classifications, the         91           

director shall, by rule, identify the additional classifications   92           

belonging to a classification series.  Such additional             93           

classifications shall be part of the classification series,        94           

notwithstanding the fact that the first four digits of the number  95           

assigned to the additional classifications do not correspond to    96           

the first four digits of the numbers assigned to other             97           

classifications in the classification series.                      98           

      (5)  The director shall adopt rules in accordance with       100          

Chapter 119. of the Revised Code for the establishment of a        101          

classification plan for county agencies that elect not to use the  102          

services and facilities of a county personnel department.  The     103          

rules shall include a methodology for the establishment of titles  104          

unique to county agencies, the use of state classification titles  105          

and classification specifications for common positions, the        106          

criteria for a county to meet in establishing its own              107          

classification plan, and the establishment of what constitutes a   108          

classification series for county agencies.                         109          

      (B)  Division (A) of this section and sections 124.15 and    111          

124.152 of the Revised Code do not apply to the following          112          

persons, positions, offices, and employments:                      113          

      (1)  Elected officials;                                      115          

      (2)  Legislative employees, employees of the legislative     117          

service commission, employees in the office of the governor,       118          

employees who are in the unclassified civil service and exempt     119          

from collective bargaining coverage in the office of the           120          

secretary of state, auditor of state, treasurer of state, and      121          

                                                          4      


                                                                 
attorney general, and employees of the supreme court;                           

      (3)  Employees of a county children services board that      123          

establishes compensation rates under section 5153.12 of the        124          

Revised Code;                                                      125          

      (4)  Any position for which the authority to determine       127          

compensation is given by law to another individual or entity;      128          

      (5)  Employees of the bureau of workers' compensation whose  131          

compensation the administrator of workers' compensation                         

establishes under division (B) of section 4121.121 of the Revised  132          

Code.                                                              133          

      (C)  The director may employ a consulting agency to aid and  135          

assist the director in carrying out this section.                  136          

      (D)(1)  When the director proposes to modify a               138          

classification or the assignment of classes to appropriate pay     139          

ranges, the director shall send written notice of the proposed     140          

rule to the appointing authorities of the affected employees       141          

thirty days before the hearing on the proposed rule.  The          142          

appointing authorities shall notify the affected employees         143          

regarding the proposed rule.  The director shall also send such    145          

appointing authorities notice of any final rule which is adopted   146          

within ten days after adoption.                                                 

      (2)  When the director proposes to reclassify any employee   148          

so that the employee is adversely affected, the director shall     150          

give to the employee affected and to the employee's appointing     152          

authority a written notice setting forth the proposed new          153          

classification, pay range, and salary.  Upon the request of any    154          

classified employee who is not serving in a probationary period,   155          

the director shall perform a job audit to review the               156          

classification of the employee's position to determine whether     157          

the position is properly classified.  The director shall give to   158          

the employee affected and to the employee's appointing authority   160          

a written notice of the director's determination whether or not    161          

to reclassify the position or to reassign the employee to another  162          

classification.  An employee or appointing authority desiring a    163          

                                                          5      


                                                                 
hearing shall file a written request therefor FOR THE HEARING      164          

with the state personnel board of review within thirty days after  166          

receiving the notice.  The board shall set the matter for a        167          

hearing and notify the employee and appointing authority of the    168          

time and place of the hearing.  The employee, appointing           169          

authority, or any authorized representative of the employee who    170          

wishes to submit facts for the consideration of the board shall    171          

be afforded reasonable opportunity to do so.  After the hearing,   172          

the board shall consider anew the reclassification and may order   173          

the reclassification of the employee and require the director to   174          

assign the employee to such appropriate classification as the      176          

facts and evidence warrant.  As provided in division (A) of        177          

section 124.03 of the Revised Code, the board may determine the    178          

most appropriate classification for the position of any employee   179          

coming before the board, with or without a job audit.  The board   181          

shall disallow any reclassification or reassignment                182          

classification of any employee when it finds that changes have     183          

been made in the duties and responsibilities of any particular     184          

employee for political, religious, or other unjust reasons.        185          

      (E)(1)  Employees of each county department of human         187          

services shall be paid a salary or wage established by the board   189          

of county commissioners.  The provisions of section 124.18 of the  190          

Revised Code concerning the standard work week apply to employees  191          

of county departments of human services.  A board of county        192          

commissioners may do either of the following:                      193          

      (a)  Notwithstanding any other section of the Revised Code,  195          

supplement the sick leave, vacation leave, personal leave, and     196          

other benefits of any employee of the county department of human   197          

services of that county, if the employee is eligible for the       198          

supplement under a written policy providing for the supplement;    199          

      (b)  Notwithstanding any other section of the Revised Code,  201          

establish alternative schedules of sick leave, vacation leave,     202          

personal leave, or other benefits for employees not inconsistent   203          

with the provisions of a collective bargaining agreement covering  204          

                                                          6      


                                                                 
the affected employees.                                            205          

      (2)  The provisions of division (E)(1) of this section do    207          

not apply to employees for whom the state employment relations     208          

board establishes appropriate bargaining units pursuant to         209          

section 4117.06 of the Revised Code, except in either of the       210          

following situations:                                              211          

      (a)  The employees for whom the state employment relations   213          

board establishes appropriate bargaining units elect no            214          

representative in a board-conducted representation election.       215          

      (b)  After the state employment relations board establishes  217          

appropriate bargaining units for such employees, all employee      218          

organizations withdraw from a representation election.             219          

      (F)  With respect to officers and employees of               221          

state-supported colleges and universities AND except for the       222          

powers and duties of the state personnel board of review SET       223          

FORTH IN SECTION 124.03 OF THE REVISED CODE, the powers, duties,   225          

and functions of the department of administrative services and OF  226          

the director of administrative services specified in this chapter  227          

are hereby vested in and assigned to the personnel departments     228          

BOARDS OF TRUSTEES of such THOSE colleges and universities, OR     229          

THOSE OFFICERS TO WHOM THE BOARDS OF TRUSTEES HAVE DELEGATED       230          

THESE POWERS, DUTIES, AND FUNCTIONS, subject to a periodic audit   231          

and review by the director to guarantee the uniform application    232          

of this granting of the director's powers, duties, and functions.  234          

Upon IN EXERCISING THE POWERS, DUTIES, AND FUNCTIONS OF THE        235          

DIRECTOR, THE BOARDS OF TRUSTEES OR THE OFFICERS TO WHOM THESE     236          

POWERS, DUTIES, AND FUNCTIONS WERE DELEGATED NEED NOT ESTABLISH A  237          

JOB CLASSIFICATION PLAN FOR UNCLASSIFIED EMPLOYEES AND MAY         238          

PROCEED UNDER SECTION 111.15 OF THE REVISED CODE WHEN EXERCISING                

THE DIRECTOR'S RULE-MAKING AUTHORITY.  THE ADOPTION, AMENDMENT,    239          

RESCISSION, AND ENFORCEMENT OF RULES UNDER THIS DIVISION IS NOT    240          

SUBJECT TO APPROVAL, DISAPPROVAL, OR MODIFICATION BY THE STATE     241          

PERSONNEL BOARD OF REVIEW.                                                      

      UPON the DIRECTOR'S determination or finding of the misuse   244          

                                                          7      


                                                                 
or nonuniform application BY THE BOARD OF TRUSTEES OF OR A         245          

DESIGNATED OFFICER OF A STATE-SUPPORTED COLLEGE OR UNIVERSITY of   246          

this THE authority granted to the personnel department of such     248          

state-supported colleges and universities UNDER THIS DIVISION,     249          

the director shall order and direct the personnel functions of     250          

such institution THAT STATE-SUPPORTED COLLEGE OR UNIVERSITY until  251          

sections 124.01 to 124.64 of the Revised Code have been fully      253          

complied with.                                                                  

      (G)(1)  Each board of county commissioners may, by a         255          

resolution adopted by a majority of its members, establish a       256          

county personnel department to exercise the powers, duties, and    257          

functions specified in division (G) of this section.  As used in   258          

division (G) of this section, "county personnel department" means  259          

a county personnel department established by a board of county     260          

commissioners under division (G)(1) of this section.               261          

      (2)  Each board of county commissioners may, by a            263          

resolution adopted by a majority of its members, designate the     264          

county personnel department of the county to exercise the powers,  265          

duties, and functions of the department of administrative          266          

services and the director of administrative services specified in  267          

sections 124.01 to 124.64 and Chapter 325. of the Revised Code,    268          

except for the powers and duties of the state personnel board of   269          

review, which powers and duties shall not be construed as having   270          

been modified or diminished in any manner by division (G)(2) of    271          

this section, with respect to the employees for whom the board of  272          

county commissioners is the appointing authority or co-appointing  273          

authority.  Upon certification of a copy of the resolution by the  274          

board to the director, these powers, duties, and functions are     275          

vested in and assigned to the county personnel department with     276          

respect to the employees for whom the board of county              277          

commissioners is the appointing authority or co-appointing         278          

authority.  The certification to the director shall be provided    279          

not later than one hundred twenty days before the first day of     280          

July of an odd-numbered year, and, following the certification,    281          

                                                          8      


                                                                 
the powers, duties, and functions specified in sections 124.01 to  282          

124.64 and Chapter 325. of the Revised Code shall be vested in     283          

and assigned to the county personnel department on that first day  284          

of July.  Nothing in division (G)(2) of this section shall be      285          

construed to limit the right of any employee who possesses the     286          

right of appeal to the state personnel board of review to          287          

continue to possess that right of appeal.                          288          

      Any board of county commissioners that has established a     290          

county personnel department may contract with the department of    291          

administrative services, another political subdivision, or an      292          

appropriate public or private entity to provide competitive        293          

testing services or other appropriate services.                    294          

      (3)  After the county personnel department of a county has   296          

assumed the powers, duties, and functions of the department of     297          

administrative services and the director as described in division  298          

(G)(2) of this section, any elected official, board, agency, or    299          

other appointing authority of that county may, upon notification   300          

to the director, elect to use the services and facilities of the   301          

county personnel department.  Upon the acceptance by the director  302          

of such notification, the county personnel department shall        303          

exercise the powers, duties, and functions of the department of    304          

administrative services and the director as described in division  305          

(G)(2) of this section with respect to the employees of that       306          

elected official, board, agency, or other appointing authority.    307          

The notification to the director shall be provided not later than  308          

one hundred twenty days before the first day of July of an         309          

odd-numbered year, and, following the notification, the powers,    310          

duties, and functions specified in sections 124.01 to 124.64 and   311          

Chapter 325. of the Revised Code with respect to the employees of  312          

that elected official, board, agency, or other appointing          313          

authority shall be vested in and assigned to the county personnel  314          

department on that first day of July.  Except for those employees  315          

under the jurisdiction of the county personnel department, the     316          

director shall continue to exercise these powers, duties, and      317          

                                                          9      


                                                                 
functions with respect to employees of the county.                 318          

      (4)  Each board of county commissioners that has             320          

established a county personnel department may, by a resolution     321          

adopted by a majority of its members, disband the county           322          

personnel department and return to the department of               323          

administrative services for the administration of sections 124.01  324          

to 124.64 and Chapter 325. of the Revised Code.  The board shall,  325          

not later than one hundred twenty days before the first day of     326          

July of an odd-numbered year, send the director a certified copy   327          

of the resolution disbanding the county personnel department.      328          

All powers, duties, and functions previously vested in and         329          

assigned to the county personnel department shall return to the    330          

director on that first day of July.                                331          

      (5)  Any elected official, board, agency, or appointing      333          

authority of a county may return to the department of              334          

administrative services for the administration of sections 124.01  335          

to 124.64 and Chapter 325. of the Revised Code.  The elected       336          

official, board, agency, or appointing authority shall, not later  337          

than one hundred twenty days before the first day of July of an    338          

odd-numbered year, send the director a certified copy of the       339          

resolution that states its decision.  All powers, duties, and      340          

functions previously vested in and assigned to the county          341          

personnel department with respect to the employees of that         342          

elected official, board, agency, or appointing authority shall     343          

return to the director on that first day of July.                  344          

      (6)  The director, by rule adopted in accordance with        346          

Chapter 119. of the Revised Code, shall prescribe criteria and     347          

procedures for granting to each county personnel department the    348          

powers, duties, and functions of the department of administrative  349          

services and the director as described in division (G)(2) of this  350          

section with respect to the employees of an elected official,      351          

board, agency, or other appointing authority or co-appointing      352          

authority.  The rules shall cover the following criteria and       353          

procedures:                                                        354          

                                                          10     


                                                                 
      (a)  The notification to the department of administrative    356          

services that an elected official, board, agency, or other         357          

appointing authority of a county has elected to use the services   358          

and facilities of the county personnel department;                 359          

      (b)  A requirement that each county personnel department,    361          

in carrying out its duties, adhere to merit system principles      362          

with regard to employees of county departments of human services,  363          

child support enforcement agencies, and public child welfare       364          

agencies so that there is no threatened loss of federal funding    365          

for these agencies, and a requirement that the county be           366          

financially liable to the state for any loss of federal funds due  367          

to the action or inaction of the county personnel department.      368          

The costs associated with audits conducted to monitor compliance   369          

with division (G)(6)(b) of this section shall be borne equally by  370          

the department of administrative services and the county.          371          

      (c)  The termination of services and facilities rendered by  373          

the department of administrative services, to include rate         374          

adjustments, time periods for termination, and other related       375          

matters;                                                           376          

      (d)  Authorization for the director of administrative        378          

services to conduct periodic audits and reviews of county          379          

personnel departments to guarantee the uniform application of      380          

this granting of the director's powers, duties, and functions.     382          

The costs of the audits and reviews shall be borne equally by the  383          

department of administrative services and the county for which     384          

the services were performed.                                       385          

      (e)  The dissemination of audit findings under division      387          

(G)(5)(d) of this section, any appeals process relating to         388          

adverse findings by the department, and the methods whereby the    389          

county personnel program will revert to the authority of the       390          

director of administrative services due to misuse or nonuniform    391          

application of the authority granted to the county under division  392          

(G)(2) or (3) of this section.                                     393          

      (H)  The director shall establish the rate and method of     395          

                                                          11     


                                                                 
compensation for all employees who are paid directly by warrant    396          

of the auditor of state and who are serving in positions which     397          

the director has determined impracticable to include in the state  398          

job classification plan.  This division does not apply to elected  399          

officials, legislative employees, employees of the legislative     400          

service commission, employees who are in the unclassified civil    401          

service and exempt from collective bargaining coverage in the      402          

office of the secretary of state, auditor of state, treasurer of   403          

state, and attorney general, employees of the courts, employees    404          

of the bureau of workers' compensation whose compensation the      405          

administrator of workers' compensation establishes under division  406          

(B) of section 4121.121 of the Revised Code, or employees of an    407          

appointing authority authorized by law to fix the compensation of  408          

those employees.                                                   409          

      (I)  The director shall set the rate of compensation for     411          

all intermittent, interim, seasonal, temporary, emergency, and     413          

casual employees who are not considered public employees under     414          

section 4117.01 of the Revised Code.  Such employees are not       416          

entitled to receive employee benefits.  This rate of compensation  417          

shall be equitable in terms of the rate of employees serving in    419          

the same or similar classifications.  This division does not       420          

apply to elected officials, legislative employees, employees of    421          

the legislative service commission, employees who are in the       422          

unclassified civil service and exempt from collective bargaining   423          

coverage in the office of the secretary of state, auditor of       424          

state, treasurer of state, and attorney general, employees of the  425          

courts, employees of the bureau of workers' compensation whose     426          

compensation the administrator establishes under division (B) of   427          

section 4121.121 of the Revised Code, or employees of an                        

appointing authority authorized by law to fix the compensation of  428          

those employees.                                                                

      Section 2.  That existing section 124.14 of the Revised      430          

Code is hereby repealed.                                           431