As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. S. B. No. 210 5
1999-2000 6
SENATORS RAY-DRAKE-WATTS-SPADA 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
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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
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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
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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
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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 job and 187
family services shall be paid a salary or wage established by the 189
board of county commissioners. The provisions of section 124.18 190
of the Revised Code concerning the standard work week apply to 191
employees of county departments of job and family services. A 192
board of county 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 job 197
and family services of that county, if the employee is eligible 198
for the supplement under a written policy providing for the 199
supplement;
(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
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with the provisions of a collective bargaining agreement covering 204
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. NOTHING IN THIS DIVISION SHALL BE 242
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CONSTRUED TO LIMIT THE RIGHT OF ANY CLASSIFIED EMPLOYEE WHO 243
POSSESSES THE RIGHT OF APPEAL TO THE STATE PERSONNEL BOARD OF
REVIEW TO CONTINUE TO POSSESS THAT RIGHT OF APPEAL. 244
UPON the DIRECTOR'S determination or finding of the misuse 247
or nonuniform application BY THE BOARD OF TRUSTEES OF OR A 248
DESIGNATED OFFICER OF A STATE-SUPPORTED COLLEGE OR UNIVERSITY of 249
this THE authority granted to the personnel department of such 251
state-supported colleges and universities UNDER THIS DIVISION, 252
the director shall order and direct the personnel functions of 253
such institution THAT STATE-SUPPORTED COLLEGE OR UNIVERSITY until 254
sections 124.01 to 124.64 of the Revised Code have been fully 256
complied with.
(G)(1) Each board of county commissioners may, by a 258
resolution adopted by a majority of its members, establish a 259
county personnel department to exercise the powers, duties, and 260
functions specified in division (G) of this section. As used in 261
division (G) of this section, "county personnel department" means 262
a county personnel department established by a board of county 263
commissioners under division (G)(1) of this section. 264
(2) Each board of county commissioners may, by a 266
resolution adopted by a majority of its members, designate the 267
county personnel department of the county to exercise the powers, 268
duties, and functions of the department of administrative 269
services and the director of administrative services specified in 270
sections 124.01 to 124.64 and Chapter 325. of the Revised Code, 271
except for the powers and duties of the state personnel board of 272
review, which powers and duties shall not be construed as having 273
been modified or diminished in any manner by division (G)(2) of 274
this section, with respect to the employees for whom the board of 275
county commissioners is the appointing authority or co-appointing 276
authority. Upon certification of a copy of the resolution by the 277
board to the director, these powers, duties, and functions are 278
vested in and assigned to the county personnel department with 279
respect to the employees for whom the board of county 280
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commissioners is the appointing authority or co-appointing 281
authority. The certification to the director shall be provided 282
not later than one hundred twenty days before the first day of 283
July of an odd-numbered year, and, following the certification, 284
the powers, duties, and functions specified in sections 124.01 to 285
124.64 and Chapter 325. of the Revised Code shall be vested in 286
and assigned to the county personnel department on that first day 287
of July. Nothing in division (G)(2) of this section shall be 288
construed to limit the right of any employee who possesses the 289
right of appeal to the state personnel board of review to 290
continue to possess that right of appeal. 291
Any board of county commissioners that has established a 293
county personnel department may contract with the department of 294
administrative services, another political subdivision, or an 295
appropriate public or private entity to provide competitive 296
testing services or other appropriate services. 297
(3) After the county personnel department of a county has 299
assumed the powers, duties, and functions of the department of 300
administrative services and the director as described in division 301
(G)(2) of this section, any elected official, board, agency, or 302
other appointing authority of that county may, upon notification 303
to the director, elect to use the services and facilities of the 304
county personnel department. Upon the acceptance by the director 305
of such notification, the county personnel department shall 306
exercise the powers, duties, and functions of the department of 307
administrative services and the director as described in division 308
(G)(2) of this section with respect to the employees of that 309
elected official, board, agency, or other appointing authority. 310
The notification to the director shall be provided not later than 311
one hundred twenty days before the first day of July of an 312
odd-numbered year, and, following the notification, the powers, 313
duties, and functions specified in sections 124.01 to 124.64 and 314
Chapter 325. of the Revised Code with respect to the employees of 315
that elected official, board, agency, or other appointing 316
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authority shall be vested in and assigned to the county personnel 317
department on that first day of July. Except for those employees 318
under the jurisdiction of the county personnel department, the 319
director shall continue to exercise these powers, duties, and 320
functions with respect to employees of the county. 321
(4) Each board of county commissioners that has 323
established a county personnel department may, by a resolution 324
adopted by a majority of its members, disband the county 325
personnel department and return to the department of 326
administrative services for the administration of sections 124.01 327
to 124.64 and Chapter 325. of the Revised Code. The board shall, 328
not later than one hundred twenty days before the first day of 329
July of an odd-numbered year, send the director a certified copy 330
of the resolution disbanding the county personnel department. 331
All powers, duties, and functions previously vested in and 332
assigned to the county personnel department shall return to the 333
director on that first day of July. 334
(5) Any elected official, board, agency, or appointing 336
authority of a county may return to the department of 337
administrative services for the administration of sections 124.01 338
to 124.64 and Chapter 325. of the Revised Code. The elected 339
official, board, agency, or appointing authority shall, not later 340
than one hundred twenty days before the first day of July of an 341
odd-numbered year, send the director a certified copy of the 342
resolution that states its decision. All powers, duties, and 343
functions previously vested in and assigned to the county 344
personnel department with respect to the employees of that 345
elected official, board, agency, or appointing authority shall 346
return to the director on that first day of July. 347
(6) The director, by rule adopted in accordance with 349
Chapter 119. of the Revised Code, shall prescribe criteria and 350
procedures for granting to each county personnel department the 351
powers, duties, and functions of the department of administrative 352
services and the director as described in division (G)(2) of this 353
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section with respect to the employees of an elected official, 354
board, agency, or other appointing authority or co-appointing 355
authority. The rules shall cover the following criteria and 356
procedures: 357
(a) The notification to the department of administrative 359
services that an elected official, board, agency, or other 360
appointing authority of a county has elected to use the services 361
and facilities of the county personnel department; 362
(b) A requirement that each county personnel department, 364
in carrying out its duties, adhere to merit system principles 365
with regard to employees of county departments of job and family 366
services, child support enforcement agencies, and public child 367
welfare agencies so that there is no threatened loss of federal 368
funding for these agencies, and a requirement that the county be 369
financially liable to the state for any loss of federal funds due 370
to the action or inaction of the county personnel department. 371
The costs associated with audits conducted to monitor compliance 372
with division (G)(6)(b) of this section shall be borne equally by 373
the department of administrative services and the county. 374
(c) The termination of services and facilities rendered by 376
the department of administrative services, to include rate 377
adjustments, time periods for termination, and other related 378
matters; 379
(d) Authorization for the director of administrative 381
services to conduct periodic audits and reviews of county 382
personnel departments to guarantee the uniform application of 383
this granting of the director's powers, duties, and functions. 385
The costs of the audits and reviews shall be borne equally by the 386
department of administrative services and the county for which 387
the services were performed. 388
(e) The dissemination of audit findings under division 390
(G)(5)(d) of this section, any appeals process relating to 391
adverse findings by the department, and the methods whereby the 392
county personnel program will revert to the authority of the 393
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director of administrative services due to misuse or nonuniform 394
application of the authority granted to the county under division 395
(G)(2) or (3) of this section. 396
(H) The director shall establish the rate and method of 398
compensation for all employees who are paid directly by warrant 399
of the auditor of state and who are serving in positions which 400
the director has determined impracticable to include in the state 401
job classification plan. This division does not apply to elected 402
officials, legislative employees, employees of the legislative 403
service commission, employees who are in the unclassified civil 404
service and exempt from collective bargaining coverage in the 405
office of the secretary of state, auditor of state, treasurer of 406
state, and attorney general, employees of the courts, employees 407
of the bureau of workers' compensation whose compensation the 408
administrator of workers' compensation establishes under division 409
(B) of section 4121.121 of the Revised Code, or employees of an 410
appointing authority authorized by law to fix the compensation of 411
those employees. 412
(I) The director shall set the rate of compensation for 414
all intermittent, interim, seasonal, temporary, emergency, and 416
casual employees who are not considered public employees under 417
section 4117.01 of the Revised Code. Such employees are not 419
entitled to receive employee benefits. This rate of compensation 420
shall be equitable in terms of the rate of employees serving in 422
the same or similar classifications. This division does not 423
apply to elected officials, legislative employees, employees of 424
the legislative service commission, employees who are in the 425
unclassified civil service and exempt from collective bargaining 426
coverage in the office of the secretary of state, auditor of 427
state, treasurer of state, and attorney general, employees of the 428
courts, employees of the bureau of workers' compensation whose 429
compensation the administrator establishes under division (B) of 430
section 4121.121 of the Revised Code, or employees of an
appointing authority authorized by law to fix the compensation of 431
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those employees.
Section 2. That existing section 124.14 of the Revised 433
Code is hereby repealed. 434