As Reported by the Senate Finance and Financial            2            

                     Institutions Committee                        2            

123rd General Assembly                                             5            

   Regular Session                              Am. S. B. No. 210  6            

      1999-2000                                                    7            


                           SENATOR RAY                             9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend section 124.14 of the Revised Code to        13           

                clarify the authority of the boards of trustees    14           

                of, or officers designated by the boards of        15           

                trustees of, state-supported colleges or           16           

                universities over decision-making related to                    

                employees of these institutions.                   17           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That section 124.14 of the Revised Code be       21           

amended to read as follows:                                        22           

      Sec. 124.14.  (A)(1)  The director of administrative         31           

services shall establish, and may modify or repeal, by rule, a     32           

job classification plan for all positions, offices, and            33           

employments the salaries of which are paid in whole or in part by  34           

the state.  The director shall group jobs within a classification  35           

so that the positions are similar enough in duties and             36           

responsibilities to be described by the same title, to have the    37           

same pay assigned with equity, and to have the same                38           

qualifications for selection applied.  The director shall, by      39           

rule, assign a classification title to each classification within  40           

the classification plan.  However, the director shall consider in  41           

establishing classifications, including classifications with       42           

parenthetical titles, and assigning pay ranges such factors as     43           

duties performed only on one shift, special skills in short        44           

supply in the labor market, recruitment problems, separation       45           

rates, comparative salary rates, the amount of training required,  46           

                                                          2      


                                                                 
and other conditions affecting employment.  The director shall     47           

describe the duties and responsibilities of the class and          48           

establish the qualifications for being employed in that position,  49           

and shall file with the secretary of state a copy of               50           

specifications for all of the classifications.  The director       51           

shall file new, additional, or revised specifications with the     52           

secretary of state before being used.  The                         53           

      THE director shall, by rule, assign each classification,     56           

either on a statewide basis or in particular counties or state     57           

institutions, to a pay range established under section 124.15 or   58           

section 124.152 of the Revised Code.  The director may assign a    59           

classification to a pay range on a temporary basis for a period    60           

of time designated in the rule.  The director may establish, by    61           

rule adopted under Chapter 119. of the Revised Code, experimental  62           

classification plans for some or all employees paid directly by                 

warrant of the auditor of state.  The administrative rule shall    63           

include specifications for each classification within the plan     64           

and shall specifically address compensation ranges, and methods    65           

for advancing within the ranges, for the classifications, which    66           

may be assigned to pay ranges other than the pay ranges            67           

established under section 124.15 or 124.152 of the Revised Code.                

      (2)  The director may reassign to a proper classification    69           

those positions that have been assigned to an improper             71           

classification.  If the compensation of an employee in such a      72           

reassigned position exceeds the maximum rate of pay for the        73           

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

pay step X and shall not receive an increase in compensation       74           

until the maximum rate of pay for that classification exceeds the  76           

employee's compensation.                                                        

      (3)  The director may reassign an exempt employee, as        78           

defined in section 124.152 of the Revised Code, to a bargaining    79           

unit classification if the director determines that the            81           

bargaining unit classification is the proper classification for                 

that employee.  Notwithstanding Chapter 4117. of the Revised Code  82           

                                                          3      


                                                                 
or instruments and contracts negotiated under it, such placements  83           

are at the director's discretion.                                  84           

      (4)  The director shall, by rule, assign related             86           

classifications, which form a career progression, to a             87           

classification series.  The director shall, by rule, assign each   88           

classification in the classification plan a five-digit number,     89           

the first four digits of which shall denote the classification     90           

series to which the classification is assigned.  When a career     91           

progression encompasses more than ten classifications, the         92           

director shall, by rule, identify the additional classifications   93           

belonging to a classification series.  Such additional             94           

classifications shall be part of the classification series,        95           

notwithstanding the fact that the first four digits of the number  96           

assigned to the additional classifications do not correspond to    97           

the first four digits of the numbers assigned to other             98           

classifications in the classification series.                      99           

      (5)  The director shall adopt rules in accordance with       101          

Chapter 119. of the Revised Code for the establishment of a        102          

classification plan for county agencies that elect not to use the  103          

services and facilities of a county personnel department.  The     104          

rules shall include a methodology for the establishment of titles  105          

unique to county agencies, the use of state classification titles  106          

and classification specifications for common positions, the        107          

criteria for a county to meet in establishing its own              108          

classification plan, and the establishment of what constitutes a   109          

classification series for county agencies.                         110          

      (B)  Division (A) of this section and sections 124.15 and    112          

124.152 of the Revised Code do not apply to the following          113          

persons, positions, offices, and employments:                      114          

      (1)  Elected officials;                                      116          

      (2)  Legislative employees, employees of the legislative     118          

service commission, employees in the office of the governor,       119          

employees who are in the unclassified civil service and exempt     120          

from collective bargaining coverage in the office of the           121          

                                                          4      


                                                                 
secretary of state, auditor of state, treasurer of state, and      122          

attorney general, and employees of the supreme court;                           

      (3)  Employees of a county children services board that      124          

establishes compensation rates under section 5153.12 of the        125          

Revised Code;                                                      126          

      (4)  Any position for which the authority to determine       128          

compensation is given by law to another individual or entity;      129          

      (5)  Employees of the bureau of workers' compensation whose  132          

compensation the administrator of workers' compensation                         

establishes under division (B) of section 4121.121 of the Revised  133          

Code.                                                              134          

      (C)  The director may employ a consulting agency to aid and  136          

assist the director in carrying out this section.                  137          

      (D)(1)  When the director proposes to modify a               139          

classification or the assignment of classes to appropriate pay     140          

ranges, the director shall send written notice of the proposed     141          

rule to the appointing authorities of the affected employees       142          

thirty days before the hearing on the proposed rule.  The          143          

appointing authorities shall notify the affected employees         144          

regarding the proposed rule.  The director shall also send such    146          

appointing authorities notice of any final rule which is adopted   147          

within ten days after adoption.                                                 

      (2)  When the director proposes to reclassify any employee   149          

so that the employee is adversely affected, the director shall     151          

give to the employee affected and to the employee's appointing     153          

authority a written notice setting forth the proposed new          154          

classification, pay range, and salary.  Upon the request of any    155          

classified employee who is not serving in a probationary period,   156          

the director shall perform a job audit to review the               157          

classification of the employee's position to determine whether     158          

the position is properly classified.  The director shall give to   159          

the employee affected and to the employee's appointing authority   161          

a written notice of the director's determination whether or not    162          

to reclassify the position or to reassign the employee to another  163          

                                                          5      


                                                                 
classification.  An employee or appointing authority desiring a    164          

hearing shall file a written request therefor FOR THE HEARING      165          

with the state personnel board of review within thirty days after  167          

receiving the notice.  The board shall set the matter for a        168          

hearing and notify the employee and appointing authority of the    169          

time and place of the hearing.  The employee, appointing           170          

authority, or any authorized representative of the employee who    171          

wishes to submit facts for the consideration of the board shall    172          

be afforded reasonable opportunity to do so.  After the hearing,   173          

the board shall consider anew the reclassification and may order   174          

the reclassification of the employee and require the director to   175          

assign the employee to such appropriate classification as the      177          

facts and evidence warrant.  As provided in division (A) of        178          

section 124.03 of the Revised Code, the board may determine the    179          

most appropriate classification for the position of any employee   180          

coming before the board, with or without a job audit.  The board   182          

shall disallow any reclassification or reassignment                183          

classification of any employee when it finds that changes have     184          

been made in the duties and responsibilities of any particular     185          

employee for political, religious, or other unjust reasons.        186          

      (E)(1)  Employees of each county department of job and       188          

family services shall be paid a salary or wage established by the  190          

board of county commissioners.  The provisions of section 124.18   191          

of the Revised Code concerning the standard work week apply to     192          

employees of county departments of job and family services.  A     193          

board of county commissioners may do either of the following:      194          

      (a)  Notwithstanding any other section of the Revised Code,  196          

supplement the sick leave, vacation leave, personal leave, and     197          

other benefits of any employee of the county department of job     198          

and family services of that county, if the employee is eligible    199          

for the supplement under a written policy providing for the        200          

supplement;                                                                     

      (b)  Notwithstanding any other section of the Revised Code,  202          

establish alternative schedules of sick leave, vacation leave,     203          

                                                          6      


                                                                 
personal leave, or other benefits for employees not inconsistent   204          

with the provisions of a collective bargaining agreement covering  205          

the affected employees.                                            206          

      (2)  The provisions of division (E)(1) of this section do    208          

not apply to employees for whom the state employment relations     209          

board establishes appropriate bargaining units pursuant to         210          

section 4117.06 of the Revised Code, except in either of the       211          

following situations:                                              212          

      (a)  The employees for whom the state employment relations   214          

board establishes appropriate bargaining units elect no            215          

representative in a board-conducted representation election.       216          

      (b)  After the state employment relations board establishes  218          

appropriate bargaining units for such employees, all employee      219          

organizations withdraw from a representation election.             220          

      (F)  With respect to officers and employees of               222          

state-supported colleges and universities AND except for the       223          

powers and duties of the state personnel board of review SET       224          

FORTH IN SECTION 124.03 OF THE REVISED CODE, the powers, duties,   226          

and functions of the department of administrative services and OF  227          

the director of administrative services specified in this chapter  228          

are hereby vested in and assigned to the personnel departments     229          

BOARDS OF TRUSTEES of such THOSE colleges and universities, OR     230          

THOSE OFFICERS TO WHOM THE BOARDS OF TRUSTEES HAVE DELEGATED       231          

THESE POWERS, DUTIES, AND FUNCTIONS, subject to a periodic audit   232          

and review by the director to guarantee the uniform application    233          

of this granting of the director's powers, duties, and functions.  235          

Upon IN EXERCISING THE POWERS, DUTIES, AND FUNCTIONS OF THE        236          

DIRECTOR, THE BOARDS OF TRUSTEES OR THE OFFICERS TO WHOM THESE     237          

POWERS, DUTIES, AND FUNCTIONS WERE DELEGATED NEED NOT ESTABLISH A  238          

JOB CLASSIFICATION PLAN FOR UNCLASSIFIED EMPLOYEES AND MAY         239          

PROCEED UNDER SECTION 111.15 OF THE REVISED CODE WHEN EXERCISING                

THE DIRECTOR'S RULE-MAKING AUTHORITY.  THE ADOPTION, AMENDMENT,    240          

RESCISSION, AND ENFORCEMENT OF RULES UNDER THIS DIVISION IS NOT    241          

SUBJECT TO APPROVAL, DISAPPROVAL, OR MODIFICATION BY THE STATE     242          

                                                          7      


                                                                 
PERSONNEL BOARD OF REVIEW.  NOTHING IN THIS DIVISION SHALL BE      243          

CONSTRUED TO LIMIT THE RIGHT OF ANY CLASSIFIED EMPLOYEE WHO        244          

POSSESSES THE RIGHT OF APPEAL TO THE STATE PERSONNEL BOARD OF                   

REVIEW TO CONTINUE TO POSSESS THAT RIGHT OF APPEAL.                245          

      UPON the DIRECTOR'S determination or finding of the misuse   248          

or nonuniform application BY THE BOARD OF TRUSTEES OF OR A         249          

DESIGNATED OFFICER OF A STATE-SUPPORTED COLLEGE OR UNIVERSITY of   250          

this THE authority granted to the personnel department of such     252          

state-supported colleges and universities UNDER THIS DIVISION,     253          

the director shall order and direct the personnel functions of     254          

such institution THAT STATE-SUPPORTED COLLEGE OR UNIVERSITY until  255          

sections 124.01 to 124.64 of the Revised Code have been fully      257          

complied with.                                                                  

      (G)(1)  Each board of county commissioners may, by a         259          

resolution adopted by a majority of its members, establish a       260          

county personnel department to exercise the powers, duties, and    261          

functions specified in division (G) of this section.  As used in   262          

division (G) of this section, "county personnel department" means  263          

a county personnel department established by a board of county     264          

commissioners under division (G)(1) of this section.               265          

      (2)  Each board of county commissioners may, by a            267          

resolution adopted by a majority of its members, designate the     268          

county personnel department of the county to exercise the powers,  269          

duties, and functions of the department of administrative          270          

services and the director of administrative services specified in  271          

sections 124.01 to 124.64 and Chapter 325. of the Revised Code,    272          

except for the powers and duties of the state personnel board of   273          

review, which powers and duties shall not be construed as having   274          

been modified or diminished in any manner by division (G)(2) of    275          

this section, with respect to the employees for whom the board of  276          

county commissioners is the appointing authority or co-appointing  277          

authority.  Upon certification of a copy of the resolution by the  278          

board to the director, these powers, duties, and functions are     279          

vested in and assigned to the county personnel department with     280          

                                                          8      


                                                                 
respect to the employees for whom the board of county              281          

commissioners is the appointing authority or co-appointing         282          

authority.  The certification to the director shall be provided    283          

not later than one hundred twenty days before the first day of     284          

July of an odd-numbered year, and, following the certification,    285          

the powers, duties, and functions specified in sections 124.01 to  286          

124.64 and Chapter 325. of the Revised Code shall be vested in     287          

and assigned to the county personnel department on that first day  288          

of July.  Nothing in division (G)(2) of this section shall be      289          

construed to limit the right of any employee who possesses the     290          

right of appeal to the state personnel board of review to          291          

continue to possess that right of appeal.                          292          

      Any board of county commissioners that has established a     294          

county personnel department may contract with the department of    295          

administrative services, another political subdivision, or an      296          

appropriate public or private entity to provide competitive        297          

testing services or other appropriate services.                    298          

      (3)  After the county personnel department of a county has   300          

assumed the powers, duties, and functions of the department of     301          

administrative services and the director as described in division  302          

(G)(2) of this section, any elected official, board, agency, or    303          

other appointing authority of that county may, upon notification   304          

to the director, elect to use the services and facilities of the   305          

county personnel department.  Upon the acceptance by the director  306          

of such notification, the county personnel department shall        307          

exercise the powers, duties, and functions of the department of    308          

administrative services and the director as described in division  309          

(G)(2) of this section with respect to the employees of that       310          

elected official, board, agency, or other appointing authority.    311          

The notification to the director shall be provided not later than  312          

one hundred twenty days before the first day of July of an         313          

odd-numbered year, and, following the notification, the powers,    314          

duties, and functions specified in sections 124.01 to 124.64 and   315          

Chapter 325. of the Revised Code with respect to the employees of  316          

                                                          9      


                                                                 
that elected official, board, agency, or other appointing          317          

authority shall be vested in and assigned to the county personnel  318          

department on that first day of July.  Except for those employees  319          

under the jurisdiction of the county personnel department, the     320          

director shall continue to exercise these powers, duties, and      321          

functions with respect to employees of the county.                 322          

      (4)  Each board of county commissioners that has             324          

established a county personnel department may, by a resolution     325          

adopted by a majority of its members, disband the county           326          

personnel department and return to the department of               327          

administrative services for the administration of sections 124.01  328          

to 124.64 and Chapter 325. of the Revised Code.  The board shall,  329          

not later than one hundred twenty days before the first day of     330          

July of an odd-numbered year, send the director a certified copy   331          

of the resolution disbanding the county personnel department.      332          

All powers, duties, and functions previously vested in and         333          

assigned to the county personnel department shall return to the    334          

director on that first day of July.                                335          

      (5)  Any elected official, board, agency, or appointing      337          

authority of a county may return to the department of              338          

administrative services for the administration of sections 124.01  339          

to 124.64 and Chapter 325. of the Revised Code.  The elected       340          

official, board, agency, or appointing authority shall, not later  341          

than one hundred twenty days before the first day of July of an    342          

odd-numbered year, send the director a certified copy of the       343          

resolution that states its decision.  All powers, duties, and      344          

functions previously vested in and assigned to the county          345          

personnel department with respect to the employees of that         346          

elected official, board, agency, or appointing authority shall     347          

return to the director on that first day of July.                  348          

      (6)  The director, by rule adopted in accordance with        350          

Chapter 119. of the Revised Code, shall prescribe criteria and     351          

procedures for granting to each county personnel department the    352          

powers, duties, and functions of the department of administrative  353          

                                                          10     


                                                                 
services and the director as described in division (G)(2) of this  354          

section with respect to the employees of an elected official,      355          

board, agency, or other appointing authority or co-appointing      356          

authority.  The rules shall cover the following criteria and       357          

procedures:                                                        358          

      (a)  The notification to the department of administrative    360          

services that an elected official, board, agency, or other         361          

appointing authority of a county has elected to use the services   362          

and facilities of the county personnel department;                 363          

      (b)  A requirement that each county personnel department,    365          

in carrying out its duties, adhere to merit system principles      366          

with regard to employees of county departments of job and family   367          

services, child support enforcement agencies, and public child     368          

welfare agencies so that there is no threatened loss of federal    369          

funding for these agencies, and a requirement that the county be   370          

financially liable to the state for any loss of federal funds due  371          

to the action or inaction of the county personnel department.      372          

The costs associated with audits conducted to monitor compliance   373          

with division (G)(6)(b) of this section shall be borne equally by  374          

the department of administrative services and the county.          375          

      (c)  The termination of services and facilities rendered by  377          

the department of administrative services, to include rate         378          

adjustments, time periods for termination, and other related       379          

matters;                                                           380          

      (d)  Authorization for the director of administrative        382          

services to conduct periodic audits and reviews of county          383          

personnel departments to guarantee the uniform application of      384          

this granting of the director's powers, duties, and functions.     386          

The costs of the audits and reviews shall be borne equally by the  387          

department of administrative services and the county for which     388          

the services were performed.                                       389          

      (e)  The dissemination of audit findings under division      391          

(G)(5)(d) of this section, any appeals process relating to         392          

adverse findings by the department, and the methods whereby the    393          

                                                          11     


                                                                 
county personnel program will revert to the authority of the       394          

director of administrative services due to misuse or nonuniform    395          

application of the authority granted to the county under division  396          

(G)(2) or (3) of this section.                                     397          

      (H)  The director shall establish the rate and method of     399          

compensation for all employees who are paid directly by warrant    400          

of the auditor of state and who are serving in positions which     401          

the director has determined impracticable to include in the state  402          

job classification plan.  This division does not apply to elected  403          

officials, legislative employees, employees of the legislative     404          

service commission, employees who are in the unclassified civil    405          

service and exempt from collective bargaining coverage in the      406          

office of the secretary of state, auditor of state, treasurer of   407          

state, and attorney general, employees of the courts, employees    408          

of the bureau of workers' compensation whose compensation the      409          

administrator of workers' compensation establishes under division  410          

(B) of section 4121.121 of the Revised Code, or employees of an    411          

appointing authority authorized by law to fix the compensation of  412          

those employees.                                                   413          

      (I)  The director shall set the rate of compensation for     415          

all intermittent, interim, seasonal, temporary, emergency, and     417          

casual employees who are not considered public employees under     418          

section 4117.01 of the Revised Code.  Such employees are not       420          

entitled to receive employee benefits.  This rate of compensation  421          

shall be equitable in terms of the rate of employees serving in    423          

the same or similar classifications.  This division does not       424          

apply to elected officials, legislative employees, employees of    425          

the legislative service commission, employees who are in the       426          

unclassified civil service and exempt from collective bargaining   427          

coverage in the office of the secretary of state, auditor of       428          

state, treasurer of state, and attorney general, employees of the  429          

courts, employees of the bureau of workers' compensation whose     430          

compensation the administrator establishes under division (B) of   431          

section 4121.121 of the Revised Code, or employees of an                        

                                                          12     


                                                                 
appointing authority authorized by law to fix the compensation of  432          

those employees.                                                                

      Section 2.  That existing section 124.14 of the Revised      434          

Code is hereby repealed.                                           435