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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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