As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 187

Representatives Buehrer, Uecker, Hagan, Gilb, Martin, D. Evans, Aslanides, Seaver, Schaffer 

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A BILL

To amend sections 9.84, 119.12, 124.03, 124.04,

1

124.07, 124.11, 124.134, 124.14, 124.21, 124.22,

2

124.23, 124.26, 124.27, 124.271, 124.30, 124.31,

3

124.32, 124.321, 124.322, 124.323, 124.324,

4

124.326, 124.327, 124.34, 124.341, 124.38,

5

124.383, 124.384, 124.385, 124.386, 124.388,

6

124.40, 124.43, 124.44, 124.45, 124.46, 124.48,

7

302.202, 325.19, 329.02, 1513.03, 1513.34,

8

4111.03, 4112.01, 5107.52, 5119.09, and 5155.03,

9

to enact sections 124.12 and 124.141, and to

10

repeal section 124.311 of the Revised Code to

11

implement recommendations of the Civil Service

12

Review Commission.

13

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

Section 1. That sections 9.84, 119.12, 124.03, 124.04,	14
124.07, 124.11, 124.134, 124.14, 124.21, 124.22, 124.23, 124.26,	15
124.27, 124.271, 124.30, 124.31, 124.32, 124.321, 124.322,	16
124.323, 124.324, 124.326, 124.327, 124.34, 124.341, 124.38,	17
124.383, 124.384, 124.385, 124.386, 124.388, 124.40, 124.43,	18
124.44, 124.45, 124.46, 124.48, 302.202, 325.19, 329.02, 1513.03,	19
1513.34, 4111.03, 4112.01, 5107.52, 5119.09, and 5155.03 be	20
amended and sections 124.12 and 124.141 of the Revised Code be	21
enacted to read as follows:	22

Sec. 9.84. AnyExcept as otherwise provided in this section,	23
any person appearing as a witness before any public official,	24
department, board, bureau, commission, or agency, or any	25
representative thereofof a public official, department, board,	26
bureau, commission, or agency, in any administrative or executive	27
proceeding or investigation, public or private, if hethe witness	28
so requests, shall be permitted to be accompanied, represented,	29
and advised by an attorney, whose participation in the hearing	30
shall be limited to the protection of the rights of the witness,	31
and who may not examine or cross-examine witnesses, and the. The	32
witness shall be advised of histhe right to counsel before hethe	33
witness is interrogated. This section shalldoes not apply to	34
proceedings before a grand jury or to an employee of an appointing	35
authority, as defined in section 124.01 of the Revised Code, who	36
appears only as a witness in an employment interview,	37
investigation, or proceeding conducted by or for the appointing	38
authority.	39

Sec. 119.12.  Any party adversely affected by any order of an	40
agency issued pursuant to an adjudication denying an applicant	41
admission to an examination, or denying the issuance or renewal of	42
a license or registration of a licensee, or revoking or suspending	43
a license, or allowing the payment of a forfeiture under section	44
4301.252 of the Revised Code, may appeal from the order of the	45
agency to the court of common pleas of the county in which the	46
place of business of the licensee is located or the county in	47
which the licensee is a resident, except that appeals from	48
decisions of the liquor control commission, the state medical	49
board, state chiropractic board, and board of nursing shall be to	50
the court of common pleas of Franklin county. If any such party	51
appealing from the order is not a resident of and has no place of	52
business in this state, the party may appeal to the court of	53
common pleas of Franklin county.	54

Any party adversely affected by any order of an agency issued	55
pursuant to any other adjudication may appeal to the court of	56
common pleas of Franklin county, except that appeals from orders	57
of the fire marshal issued under Chapter 3737. of the Revised Code	58
may be to the court of common pleas of the county in which the	59
building of the aggrieved person is located and except that	60
appeals under division (B) of section 124.34 of the Revised Code	61
from a decision of the state personnel board of review or a	62
municipal or civil service township civil service commission shall	63
be taken to the court of common pleas of the county in which the	64
appointing authority is located or, in the case of an appeal by	65
the department of rehabilitation and correction, to the court of	66
common pleas of Franklin county.	67

This section does not apply to appeals from the department of	68
taxation.	69

Any party desiring to appeal shall file a notice of appeal	70
with the agency setting forth the order appealed from and the	71
grounds of the party's appeal. A copy of suchthe notice of appeal	72
shall also be filed by the appellant with the court. Unless	73
otherwise provided by law relating to a particular agency, such	74
notices of appeal shall be filed within fifteen days after the	75
mailing of the notice of the agency's order as provided in this	76
section. For purposes of this paragraph, an order includes a	77
determination appealed pursuant to division (C) of section 119.092	78
of the Revised Code.	79

The filing of a notice of appeal shall not automatically	80
operate as a suspension of the order of an agency. If it appears	81
to the court that an unusual hardship to the appellant will result	82
from the execution of the agency's order pending determination of	83
the appeal, the court may grant a suspension and fix its terms. If	84
an appeal is taken from the judgment of the court and the court	85
has previously granted a suspension of the agency's order as	86
provided in this section, suchthe suspension of the agency's	87
order shall not be vacated and shall be given full force and	88
effect until the matter is finally adjudicated. No renewal of a	89
license or permit shall be denied by reason of suchthe suspended	90
order during the period of the appeal from the decision of the	91
court of common pleas. In the case of an appeal from the state	92
medical board or state chiropractic board, the court may grant a	93
suspension and fix its terms if it appears to the court that an	94
unusual hardship to the appellant will result from the execution	95
of the agency's order pending determination of the appeal and the	96
health, safety, and welfare of the public will not be threatened	97
by suspension of the order. This provision shall not be construed	98
to limit the factors the court may consider in determining whether	99
to suspend an order of any other agency pending determination of	100
an appeal.	101

The final order of adjudication may apply to any renewal of a	102
license or permit which has been granted during the period of the	103
appeal.	104

Notwithstanding any other provision of this section, any	105
order issued by a court of common pleas or a court of appeals	106
suspending the effect of an order of the liquor control commission	107
issued pursuant to Chapter 4301. or 4303. of the Revised Code that	108
suspends, revokes, or cancels a permit issued under Chapter 4303.	109
of the Revised Code, or that allows the payment of a forfeiture	110
under section 4301.252 of the Revised Code, shall terminate not	111
more than six months after the date of the filing of the record of	112
the liquor control commission with the clerk of the court of	113
common pleas and shall not be extended. The court of common pleas,	114
or the court of appeals on appeal, shall render a judgment in that	115
matter within six months after the date of the filing of the	116
record of the liquor control commission with the clerk of the	117
court of common pleas. A court of appeals shall not issue an order	118
suspending the effect of an order of the liquor control commission	119
that extends beyond six months after the date on which the record	120
of the liquor control commission is filed with a court of common	121
pleas.	122

Notwithstanding any other provision of this section, any	123
order issued by a court of common pleas suspending the effect of	124
an order of the state medical board or state chiropractic board	125
that limits, revokes, suspends, places on probation, or refuses to	126
register or reinstate a certificate issued by the board or	127
reprimands the holder of such athe certificate shall terminate	128
not more than fifteen months after the date of the filing of a	129
notice of appeal in the court of common pleas, or upon the	130
rendering of a final decision or order in the appeal by the court	131
of common pleas, whichever occurs first.	132

Within thirty days after receipt of a notice of appeal from	133
an order in any case in which a hearing is required by sections	134
119.01 to 119.13 of the Revised Code, the agency shall prepare and	135
certify to the court a complete record of the proceedings in the	136
case. Failure of the agency to comply within the time allowed,	137
upon motion, shall cause the court to enter a finding in favor of	138
the party adversely affected. Additional time, however, may be	139
granted by the court, not to exceed thirty days, when it is shown	140
that the agency has made substantial effort to comply. SuchThe	141
record shall be prepared and transcribed, and the expense of it	142
shall be taxed as a part of the costs on the appeal. The appellant	143
shall provide security for costs satisfactory to the court of	144
common pleas. Upon demand by any interested party, the agency	145
shall furnish at the cost of the party requesting it a copy of the	146
stenographic report of testimony offered and evidence submitted at	147
any hearing and a copy of the complete record.	148

Notwithstanding any other provision of this section, any	149
party desiring to appeal an order or decision of the state	150
personnel board of review shall, at the time of filing a notice of	151
appeal with the board, provide a security deposit in an amount and	152
manner prescribed in rules that the board shall adopt in	153
accordance with this chapter. In addition, the board is not	154
required to prepare or transcribe the record of any of its	155
proceedings unless the appellant has provided the deposit	156
described above. The failure of the board to prepare or transcribe	157
a record for an appellant who has not provided a security deposit	158
shall not cause a court to enter a finding adverse to the board.	159

Unless otherwise provided by law, in the hearing of the	160
appeal, the court is confined to the record as certified to it by	161
the agency. Unless otherwise provided by law, the court may grant	162
a request for the admission of additional evidence when satisfied	163
that suchthe additional evidence is newly discovered and could	164
not with reasonable diligence have been ascertained prior to the	165
hearing before the agency.	166

The court shall conduct a hearing on suchthe appeal and	167
shall give preference to all proceedings under sections 119.01 to	168
119.13 of the Revised Code, over all other civil cases,	169
irrespective of the position of the proceedings on the calendar of	170
the court. An appeal from an order of the state medical board	171
issued pursuant to division (G) of either section 4730.25 or	172
4731.22 of the Revised Code, or the state chiropractic board	173
issued pursuant to section 4734.37 of the Revised Code, or the	174
liquor control commission issued pursuant to Chapter 4301. or	175
4303. of the Revised Code shall be set down for hearing at the	176
earliest possible time and takes precedence over all other	177
actions. The hearing in the court of common pleas shall proceed as	178
in the trial of a civil action, and the court shall determine the	179
rights of the parties in accordance with the laws applicable to	180
sucha civil action. At suchthe hearing, counsel may be heard on	181
oral argument, briefs may be submitted, and evidence may be	182
introduced if the court has granted a request for the presentation	183
of additional evidence.	184

The court may affirm the order of the agency complained of in	185
the appeal if it finds, upon consideration of the entire record	186
and suchany additional evidence as the court has admitted, that	187
the order is supported by reliable, probative, and substantial	188
evidence and is in accordance with law. In the absence of such a	189
this finding, it may reverse, vacate, or modify the order or make	190
such other ruling as is supported by reliable, probative, and	191
substantial evidence and is in accordance with law. The court	192
shall award compensation for fees in accordance with section	193
2335.39 of the Revised Code to a prevailing party, other than an	194
agency, in an appeal filed pursuant to this section.	195

The judgment of the court shall be final and conclusive	196
unless reversed, vacated, or modified on appeal. SuchThese	197
appeals may be taken either by the party or the agency, shall	198
proceed as in the case of appeals in civil actions, and shall be	199
pursuant to the Rules of Appellate Procedure and, to the extent	200
not in conflict with those rules, Chapter 2505. of the Revised	201
Code. SuchAn appeal by the agency shall be taken on questions of	202
law relating to the constitutionality, construction, or	203
interpretation of statutes and rules of the agency, and, in such	204
the appeal, the court may also review and determine the	205
correctness of the judgment of the court of common pleas that the	206
order of the agency is not supported by any reliable, probative,	207
and substantial evidence in the entire record.	208

The court shall certify its judgment to suchthe agency or	209
take suchany other action necessary to give its judgment effect.	210

Sec. 124.03. (A) The state personnel board of review shall	211
exercise the following powers and perform the following duties:	212

(A)(1) Hear appeals, as provided by law, of employees in the	213
classified state service from final decisions of appointing	214
authorities or the director of administrative services relative to	215
reduction in pay or position, job abolishments, layoff,	216
suspension, discharge, assignment or reassignment to a new or	217
different position classification, or refusal of the director, or	218
anybody authorized to perform the director's functions, to	219
reassign an employee to another classification or to reclassify	220
the employee's position with or without a job audit under division	221
(D) of section 124.14 of the Revised Code. As used in this	222
division, "discharge" includes disability separations.	223

The board may affirm, disaffirm, or modify the decisions of	224
the appointing authorities or the director, as the case may be,	225
and its decision is final. The board's decisions shall be	226
consistent with the applicable classification specifications.	227

The board shall not be deprived of jurisdiction to hear any	228
appeal due to the failure of an appointing authority to file its	229
decision with the board. Any final decision of an appointing	230
authority or of the director not filed in the manner provided in	231
this chapter shall be disaffirmed.	232

The board may place an exempt employee, as defined in section	233
124.152 of the Revised Code, into a bargaining unit	234
classification, if the board determines that the bargaining unit	235
classification is the proper classification for that employee.	236
Notwithstanding Chapter 4117. of the Revised Code or instruments	237
and contracts negotiated under it, such placements are at the	238
board's discretion.	239

The mere failure of an employee's appointing authority to	240
file a statement with the department of administrative services	241
indicating that the employee is in the unclassified civil service,	242
or the mere late filing of such a statement, does not prevent the	243
board from determining that the employee is in the unclassified	244
civil service. In determining whether an employee is in the	245
unclassified civil service, the board shall consider the inherent	246
nature of the duties of the employee's classification during the	247
two-year period immediately preceding the appointing authority's	248
appealable action relating to the employee.	249

In any hearing before the board, including any hearing at	250
which a record is taken that may be the basis of an appeal to a	251
court, an employee may be represented by a person permitted to	252
practice before the board who is not an attorney at law as long as	253
the person does not receive any compensation from the employee for	254
the representation.	255

(B)(2) Hear appeals, as provided by law, of appointing	256
authorities from final decisions of the director relative to the	257
classification or reclassification of any position in the	258
classified state service under the jurisdiction of that appointing	259
authority. The board may affirm, disaffirm, or modify the	260
decisions of the director, and its decision is final. The board's	261
decisions shall be consistent with the applicable classification	262
specifications.	263

(C)(3) Exercise the authority provided by section 124.40 of	264
the Revised Code, for appointment, removal, and supervision of	265
municipal and civil service township civil service commissions;	266

(D)(4) Appoint a secretary, referees, examiners, and whatever	267
other employees are necessary in the exercise of its powers and	268
performance of its duties and functions. The board shall determine	269
appropriate education and experience requirements for its	270
secretary, referees, examiners, and other employees and shall	271
prescribe their duties. A referee or examiner does not need to	272
have been admitted to the practice of law.	273

(E)(5) Maintain a journal that shall be open to public	274
inspection, in which it shall keep a record of all of its	275
proceedings and of the vote of each of its members upon every	276
action taken by it;	277

(F)(6) Adopt rules in accordance with Chapter 119. of the	278
Revised Code relating to the procedure of the board in	279
administering the laws it has the authority or duty to administer	280
and for the purpose of invoking the jurisdiction of the board in	281
hearing appeals of appointing authorities and employees in matters	282
set forth in divisions (A)(1) and (B)(2) of this section;	283

(G)(7) Subpoena and require the attendance and testimony of	284
witnesses and the production of books, papers, public records, and	285
other documentary evidence pertinent to any matter it has	286
authority to investigate, inquire into, or hear in the same manner	287
and to the same extent as provided by division (G) of section	288
124.09 of the Revised Code. All witness fees shall be paid in the	289
manner set forth in that division.	290

(H)(B) The board shall be funded by general revenue fund	291
appropriations. All moneys received by the board for copies of	292
documents, rule books, and transcriptions shall be paid into the	293
state treasury to the credit of the transcript and other documents	294
fund, which is hereby created to defray the cost of producing an	295
administrative record.	296

Sec. 124.04.  In addition to those powers enumerated in	297
Chapters 123. and 125. of the Revised Code and as provided	298
elsewhere by law, the powers, duties, and functions of the	299
department of administrative services not specifically vested in	300
and assigned to, or to be performed by, the state personnel board	301
of review are hereby vested in and assigned to, and shall be	302
performed by, the director of administrative services. These	303
powers, duties, and functions shall include, but shall not be	304
limited to, the following powers, duties, and functions:	305

(A) To prepare, conduct, and grade all competitive	306
examinations for positions in the classified state service;	307

(B) To prepare, conduct, and grade all noncompetitive	308
examinations for positions in the classified state service;	309

(C) To prepare eligible lists containing the names of persons	310
qualified for appointment to positions in the classified state	311
service;	312

(D) To prepare or amend, in accordance with section 124.14 of	313
the Revised Code, specifications descriptive of duties,	314
responsibilities, requirements, and desirable qualifications of	315
the various classifications of positions in the state service;	316

(E) To allocate and reallocate, upon the motion of the	317
director or upon request of an appointing authority and in	318
accordance with section 124.14 of the Revised Code, any position,	319
office, or employment in the state service to the appropriate	320
classification on the basis of the duties, responsibilities,	321
requirements, and qualifications of that position, office, or	322
employment;	323

(F) To develop and conduct personnel recruitment services for	324
positions in the state service;	325

(G) To conduct research on specifications, classifications,	326
and salaries of positions in the state service;	327

(H) To develop and conduct personnel training programs,	328
including supervisory training programs and best practices plans,	329
and to develop merit hiring processes, in cooperation with	330
appointing authorities;	331

(I) To include periodically in communications sent to state	332
employees both of the following:	333

(1) Information developed under section 2108.15 of the	334
Revised Code promoting the donation of anatomical gifts under	335
Chapter 2108. of the Revised Code;	336

(2) Information about the liver or kidney donor and bone	337
marrow donor leave granted under section 124.139 of the Revised	338
Code.	339

(J) To enter into agreements with universities and colleges	340
for in-service training of personnelofficers and employees in the	341
civil service and to assist appointing authorities in recruiting	342
qualified applicants;	343

(K) To appoint examiners, inspectors, clerks, and other	344
assistants necessary in the exercise of the powers and performance	345
of the duties and functions which the director is by law	346
authorized and required to exercise and perform, and to prescribe	347
the duties of all of those employees;	348

(L) To maintain a journal, which shall be open to public	349
inspection, in which the director shall keep a record of the	350
director's final decision pertaining to the classification or	351
reclassification of positions in the state classified service and	352
assignment or reassignment of employees in the state classified	353
service to specific position classifications;	354

(M) To delegate any of the powers, functions, or duties	355
granted or assigned to the director under this chapter to any	356
other state agency of this state as the director considers	357
necessary;	358

(N) To delegate any of the powers, functions, or duties	359
granted or assigned to the director under this chapter to any	360
political subdivision with the concurrence of the legislative	361
authority of the political subdivision.	362

Sec. 124.07.  The director of administrative services shall	363
appoint such examiners, inspectors, clerks, and other assistants	364
as are necessary to carry out sections 124.01 to 124.64 of the	365
Revised Code. The director may designate persons in or out of the	366
official service of the state to serve as examiners or assistants	367
under the director's direction. An examiner or assistant shall	368
receive such compensation for each day actually and necessarily	369
spent in the discharge of duties as an examiner or assistant as is	370
determined by the director; provided, that, if any such examiner	371
or assistant is in the official service of the state or any	372
political subdivision of the state, it shall be a part of the	373
examiner's or assistant's official duties to render such services	374
in connection with such examination without extra compensation.	375

Each state agency and state-supported college and university	376
shall pay the cost of the services and facilities furnished to it	377
by the department of administrative services that are necessary to	378
provide and maintain payroll services as prescribed in section	379
125.21 of the Revised Code and state merit standards as prescribed	380
in sections 124.01 to 124.64 of the Revised Code for the agency,	381
college, or university. If a state-supported college or university	382
or a municipal corporation chooses to use the services and	383
facilities furnished by the department that are necessary to	384
provide and maintain the services and standards so prescribed, the	385
state-supported college or university or municipal corporation	386
shall pay the cost of the services and facilities that the	387
department furnishes to it. SuchThe charges against a state	388
agency, statestate-supported college or university, or municipal	389
corporation shall be computed on a reasonable cost basis in	390
accordance with procedures prescribed by the director of budget	391
and management. Any moneys the department of administrative	392
services receives from any such state agency, state-supported	393
college,or university, or municipal corporation which are in	394
excess of the amount necessary to pay the cost of furnishing such	395
those services and facilities during any fiscal year shall be	396
either refunded to or credited for the ensuing fiscal year to the	397
state agency, state-supported college,or university, or municipal	398
corporation that contributed the excess moneys.	399

The director of administrative services may enter into an	400
agreement with any municipal corporation or other political	401
subdivision to furnish services and facilities of the department	402
of administrative services in the administration of its merit	403
program. SuchThe agreement shall provide that the department	404
shall be reimbursed for the reasonable costs of suchthose	405
services and facilities as determined by the director.	406

All moneys received by the department of administrative	407
services as reimbursement for payroll and merit program services	408
performed and facilities furnished shall be paid into the state	409
treasury to the credit of the human resources services fund, which	410
is hereby created.	411

In counties of the state in which are located cities having	412
municipal civil service commissions, the director may designate	413
the municipal civil service commission of the largest city within	414
suchthe county as the director's agent for the purpose of	415
carrying out such provisions of sections 124.01 to 124.64 of the	416
Revised Code, within suchthose counties, as the director	417
designates. Each municipal civil service commission designated as	418
the agent of the director shall, at the end of each month, render	419
an itemized statement to the director of the cost incurred by such	420
the commission for work done as the agent of the director, and the	421
director shall, after approving suchthe statement, pay the total	422
amount of it to the treasurer of suchthe municipal corporation in	423
the same manner as other expenses of the department of	424
administrative services.	425

The director, examiners, inspectors, clerks, and assistants	426
shall, in addition to their salaries, receive reimbursement for	427
such necessary traveling and other expenses as are incurred in the	428
actual discharge of their official duties. The director may also	429
incur the necessary expenses for stationery, printing, and other	430
supplies incident to the business of the department of	431
administrative services.	432

Sec. 124.11.  The civil service of the state and the several	433
counties, cities, civil service townships, city health districts,	434
general health districts, and city school districts thereofof the	435
state shall be divided into the unclassified service and the	436
classified service.	437

(A) The unclassified service shall comprise the following	438
positions, which shall not be included in the classified service,	439
and which shall be exempt from all examinations required by this	440
chapter:	441

(1) All officers elected by popular vote or persons appointed	442
to fill vacancies in such offices;	443

(2) All election officers as defined in section 3501.01 of	444
the Revised Code;	445

(3)(a) The members of all boards and commissions, and heads	446
of principal departments, boards, and commissions appointed by the	447
governor or by and with the governor's consent; and the	448

(b) The heads of all departments appointed by a board of	449
county commissioners;	450

(c) The members of all boards and commissions and all heads	451
of departments appointed by the mayor, or, if there is no mayor,	452
such other similar chief appointing authority of any city or city	453
school district; except.	454

Except as otherwise provided in division (A)(17) or (C) of	455
this section, this chapter does not exempt the chiefs of police	456
departments and chiefs of fire departments of cities or civil	457
service townships from the competitive classified service;.	458

(4) The members of county or district licensing boards or	459
commissions and boards of revision, and not more than five deputy	460
county auditors;	461

(5) All officers and employees elected or appointed by either	462
or both branches of the general assembly, and such employees of	463
the city legislative authority as are engaged in legislative	464
duties;	465

(6) All commissioned, warrant, and noncommissioned officers	466
and enlisted persons in the Ohio organized militia, including	467
military appointees in the adjutant general's department;	468

(7)(a) All presidents, business managers, administrative	469
officers, superintendents, assistant superintendents, principals,	470
deans, assistant deans, instructors, teachers, and such employees	471
as are engaged in educational or research duties connected with	472
the public school system, colleges, and universities, as	473
determined by the governing body of the public school system,	474
colleges, and universities;	475

(b) The library staff of any library in the state supported	476
wholly or in part at public expense.	477

(8) Four clerical and administrative support employees for	478
each of the elective state officers;, four clerical and	479
administrative support employees for each board of county	480
commissioners and one such employee for each county commissioner,	481
and threefour clerical and administrative support employees for	482
other elective officers and each of the principal appointive	483
executive officers, boards, or commissions, except for civil	484
service commissions, that are authorized to appoint such clerical	485
and administrative support employees;	486

(9) The deputies and assistants of state agencies authorized	487
to act for and on behalf of the agency, or holding a fiduciary or	488
administrative relation to that agency and those persons employed	489
by and directly responsible to elected county officials or a	490
county administrator and holding a fiduciary or administrative	491
relationship to such elected county officials or county	492
administrator, and the employees of such county officials whose	493
fitness would be impracticable to determine by competitive	494
examination, provided that division (A)(9) of this section shall	495
not affect those persons in county employment in the classified	496
service as of September 19, 1961. Nothing in division (A)(9) of	497
this section applies to any position in a county department of job	498
and family services created pursuant to Chapter 329. of the	499
Revised Code.	500

(10) Bailiffs, constables, official stenographers, and	501
commissioners of courts of record, deputies of clerks of the	502
courts of common pleas who supervise, or who handle public moneys	503
or secured documents, and such officers and employees of courts of	504
record and such deputies of clerks of the courts of common pleas	505
as the director of administrative services finds it impracticable	506
to determine their fitness by competitive examination;	507

(11) Assistants to the attorney general, special counsel	508
appointed or employed by the attorney general, assistants to	509
county prosecuting attorneys, and assistants to city directors of	510
law;	511

(12) Such teachers and employees in the agricultural	512
experiment stations; such students in normal schools, colleges,	513
and universities of the state who are employed by the state or a	514
political subdivision of the state in student or intern	515
classifications; and such unskilled labor positions as the	516
director of administrative services or any municipal civil service	517
commission may find it impracticable to include in the competitive	518
classified service; provided such exemptions shall be by order of	519
the commission or the director, duly entered on the record of the	520
commission or the director with the reasons for each such	521
exemption;	522

(13) Any physician or dentist who is a full-time employee of	523
the department of mental health or, the department of mental	524
retardation and developmental disabilities, or of an institution	525
under the jurisdiction of either department; and physicians who	526
are in residency programs at the institutions;	527

(14) Up to twenty positions at each institution under the	528
jurisdiction of the department of mental health or the department	529
of mental retardation and developmental disabilities that the	530
department director determines to be primarily administrative or	531
managerial; and up to fifteen positions in any division of either	532
department, excluding administrative assistants to the director	533
and division chiefs, which are within the immediate staff of a	534
division chief and which the director determines to be primarily	535
and distinctively administrative and managerial;	536

(15) Noncitizens of the United States employed by the state,	537
or its counties or cities, as physicians or nurses who are duly	538
licensed to practice their respective professions under the laws	539
of Ohiothis state, or medical assistants, in mental or chronic	540
disease hospitals, or institutions;	541

(16) Employees of the governor's office;

542

(17) Fire chiefs and chiefs of police in civil service	543
townships appointed by boards of township trustees under section	544
505.38 or 505.49 of the Revised Code;	545

(18) Executive directors, deputy directors, and program	546
directors employed by boards of alcohol, drug addiction, and	547
mental health services under Chapter 340. of the Revised Code, and	548
secretaries of the executive directors, deputy directors, and	549
program directors;	550

(19) Superintendents, and management employees as defined in	551
section 5126.20 of the Revised Code, of county boards of mental	552
retardation and developmental disabilities;	553

(20) Physicians, nurses, and other employees of a county	554
hospital who are appointed pursuant to sections 339.03 and 339.06	555
of the Revised Code;	556

(21) The executive director of the state medical board, who	557
is appointed pursuant to division (B) of section 4731.05 of the	558
Revised Code;	559

(22) County directors of job and family services as provided	560
in section 329.02 of the Revised Code and administrators appointed	561
under section 329.021 of the Revised Code;	562

(23) A director of economic development who is hired pursuant	563
to division (A) of section 307.07 of the Revised Code;	564

(24) Chiefs of construction and compliance, of operations and	565
maintenance, and of licensing and certification in the division of	566
industrial compliance in the department of commerce;	567

(25) The executive director of a county transit system	568
appointed under division (A) of section 306.04 of the Revised	569
Code;	570

(26) Up to five positions at each of the administrative	571
departments listed in section 121.02 of the Revised Code and at	572
the department of taxation, department of the adjutant general,	573
department of education, Ohio board of regents, bureau of workers'	574
compensation, industrial commission, state lottery commission, and	575
public utilities commission of Ohio that the head of that	576
administrative department or of that other state agency determines	577
to be involved in policy development and implementation. The head	578
of the administrative department or other state agency shall set	579
the compensation for employees in these positions at a rate that	580
is not less than the minimum compensation specified in pay range	581
41 but not more than the maximum compensation specified in pay	582
range 44 of salary schedule E-2 in section 124.152 of the Revised	583
Code. The authority to establish positions in the unclassified	584
service under division (A)(26) of this section is in addition to	585
and does not limit any other authority that an administrative	586
department or state agency has under the Revised Code to establish	587
positions, appoint employees, or set compensation.	588

(27) Employees of the department of agriculture employed	589
under section 901.09 of the Revised Code;	590

(28) For cities, counties, civil service townships, city	591
health districts, general health districts, and city school	592
districts, the deputies and assistants of elective or principal	593
executive officers authorized to act for and in the place of their	594
principals or holding a fiduciary relation to their principals;	595

(29) Employees who receive external interim, intermittent, or	596
temporary appointments under division (B) of section 124.30 of the	597
Revised Code;	598

(30) Employees appointed to administrative staff positions	599
for which an appointing authority is given specific statutory	600
authority to set compensation;	601

(31) Employees appointed to highway patrol cadet or highway	602
patrol cadet candidate classifications;	603

(32) Employees placed in the unclassified service by another	604
section of the Revised Code.	605

(B) The classified service shall comprise all persons in the	606
employ of the state and the several counties, cities, city health	607
districts, general health districts, and city school districts	608
thereofof the state, not specifically included in the	609
unclassified service. Upon the creation by the board of trustees	610
of a civil service township civil service commission, the	611
classified service shall also comprise, except as otherwise	612
provided in division (A)(17) or (C) of this section, all persons	613
in the employ of civil service township police or fire departments	614
having ten or more full-time paid employees. The classified	615
service consists of two classes, which shall be designated as the	616
competitive class and the unskilled labor class.	617

(1) The competitive class shall include all positions and	618
employments in the state and the counties, cities, city health	619
districts, general health districts, and city school districts	620
thereofof the state, and, upon the creation by the board of	621
trustees of a civil service township of a township civil service	622
commission, all positions in civil service township police or fire	623
departments having ten or more full-time paid employees, for which	624
it is practicable to determine the merit and fitness of applicants	625
by competitive examinations. Appointments shall be made to, or	626
employment shall be given in, all positions in the competitive	627
class that are not filled by promotion, reinstatement, transfer,	628
or reduction, as provided in this chapter, and the rules of the	629
director of administrative services, by appointment from those	630
certified to the appointing officer in accordance with this	631
chapter.	632

(2) The unskilled labor class shall include ordinary	633
unskilled laborers. Vacancies in the labor class shall be filled	634
by appointment from lists of applicants registered by the	635
director. The director or the commission, by rule, shall require	636
an applicant for registration in the labor class to furnish such	637
evidence or take such tests as the director considers proper with	638
respect to age, residence, physical condition, ability to labor,	639
honesty, sobriety, industry, capacity, and experience in the work	640
or employment for which application is made. Laborers who fulfill	641
the requirements shall be placed on the eligible list for the kind	642
of labor or employment sought, and preference shall be given in	643
employment in accordance with the rating received from such	644
evidence or in such tests. Upon the request of an appointing	645
officer, stating the kind of labor needed, the pay and probable	646
length of employment, and the number to be employed, the director	647
shall certify from the highest on the list double the number to be	648
employed; from this number the appointing officer shall appoint	649
the number actually needed for the particular work. If more than	650
one applicant receives the same rating, priority in time of	651
application shall determine the order in which their names shall	652
be certified for appointment.	653

(C) A municipal or civil service township civil service	654
commission may place volunteer firefighters who are paid on a	655
fee-for-service basis in either the classified or the unclassified	656
civil service.	657

(D) This division does not apply to persons in the	658
unclassified service who have the right to resume positions in the	659
classified service under sections 4121.121, 5119.071, 5120.07,	660
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the	661
Revised Code.	662

An appointing authority whose employees are paid directly by	663
warrant of the auditor of state may appoint a person who holds a	664
certified position in the classified service within the appointing	665
authority's agency to a position in the unclassified service	666
within that agency. A person who held a certified position in the	667
classified service and who was appointed on or after March 30,	668
1999, but before the effective date of this amendment, pursuant to	669
this division to a position in the unclassified service shall	670
retain the right to resume the position and status held by the	671
person in the classified service immediately prior to the person's	672
appointment to the position in the unclassified service, unless	673
the person is removed from the position in the unclassified	674
service for incompetency, inefficiency, dishonesty, drunkenness,	675
immoral conduct, insubordination, discourteous treatment of the	676
public, neglect of duty, violation of any policy or work rule of	677
the appointing authority, violation of this chapter or the rules	678
of the director of administrative services, any other failure of	679
good behavior, any other acts of misfeasance, malfeasance, or	680
nonfeasance in office, or conviction of a felony, regardless of	681
the number of positions the person held in the unclassified	682
service. Reinstatement	683

A person who holds a certified position in the classified	684
service and who is appointed, after the effective date of this	685
amendment, pursuant to this division to a position in the	686
unclassified service shall retain the right to resume the position	687
and status held by the person in the classified service	688
immediately prior to the person's appointment to the position in	689
the unclassified service for a period of one year, unless the	690
person is removed from the position in the unclassified service	691
for incompetency, inefficiency, dishonesty, drunkenness, immoral	692
conduct, insubordination, discourteous treatment of the public,	693
neglect of duty, violation of any policy or work rule of the	694
appointing authority, violation of this chapter or the rules of	695
the director of administrative services, any other failure of good	696
behavior, any other acts of misfeasance, malfeasance, or	697
nonfeasance in office, or conviction of a felony or unless the	698
person moves to another position within the unclassified service	699
after the person's appointment from the classified service to the	700
unclassified service.	701

Reinstatement to a position in the classified service under	702
this division shall be to a position substantially equal to that	703
position in the classified service held previously, as certified	704
by the director of administrative services. If the position the	705
person previously held in the classified service has been placed	706
in the unclassified service or is otherwise unavailable, the	707
person shall be appointed to a position in the classified service	708
within the appointing authority's agency that the director of	709
administrative services certifies is comparable in compensation to	710
the position the person previously held in the classified service.	711
Service in the position in the unclassified service shall be	712
counted as service in the position in the classified service held	713
by the person immediately prior to the person's appointment to the	714
position in the unclassified service. When a person is reinstated	715
to a position in the classified service as provided in this	716
division, the person is entitled to all rights, status, and	717
benefits accruing to the position in the classified service during	718
the person's time of service in the position in the unclassified	719
service.	720

Sec. 124.12. (A) Within ninety days after an appointing	721
authority appoints an employee to an unclassified position in the	722
state service, the appointing authority shall notify the	723
department of administrative services of that appointment.	724

(B) On the date an appointing authority appoints an employee	725
to an unclassified position in the state service, the appointing	726
authority shall provide the employee with written information	727
describing the nature of employment in the unclassified civil	728
service. Within thirty days after the date an appointing authority	729
appoints an employee to an unclassified position in the state	730
service, the appointing authority shall provide the employee with	731
written information describing the duties of that position.	732
Failure of the appointing authority to provide the written	733
information described in this division to the employee does not	734
confer any additional rights upon the employee in any appellate	735
body with jurisdiction over an appeal of the employee.	736

(C) The department shall develop and provide each appointing	737
authority in the state service with a general written description	738
of the nature of employment in the unclassified civil service that	739
shall be provided to employees under division (B) of this section.	740

Sec. 124.134.  (A) Each full-time permanent state employee	741
paid in accordance with section 124.152 of the Revised Code and	742
those employees listed in divisions (B)(2) and (4) of section	743
124.14 of the Revised Code, after service of one year, shall have	744
earned and will be due upon the attainment of the first year of	745
employment, and annually thereafter, eighty hours of vacation	746
leave with full pay. One year of service shall be computed on the	747
basis of twenty-six biweekly pay periods. A full-time permanent	748
state employee with five or more years of service shall have	749
earned and is entitled to one hundred twenty hours of vacation	750
leave with full pay. A full-time permanent state employee with ten	751
or more years of service shall have earned and is entitled to one	752
hundred sixty hours of vacation leave with full pay. A full-time	753
permanent state employee with fifteen or more years of service	754
shall have earned and is entitled to one hundred eighty hours of	755
vacation leave with full pay. A full-time permanent state employee	756
with twenty or more years of service shall have earned and is	757
entitled to two hundred hours of vacation leave with full pay. A	758
full-time permanent state employee with twenty-five or more years	759
of service shall have earned and is entitled to two hundred forty	760
hours of vacation leave with full pay. Such vacation leave shall	761
accrue to the employee at the rate of three and one-tenth hours	762
each biweekly period for those entitled to eighty hours per year;	763
four and six-tenths hours each biweekly period for those entitled	764
to one hundred twenty hours per year; six and two-tenths hours	765
each biweekly period for those entitled to one hundred sixty hours	766
per year; six and nine-tenths hours each biweekly period for those	767
entitled to one hundred eighty hours per year; seven and	768
seven-tenths hours each biweekly period for those entitled to two	769
hundred hours per year; and nine and two-tenths hours each	770
biweekly period for those entitled to two hundred forty hours per	771
year.	772

The amount of an employee's service shall be determined in	773
accordance with the standard specified in section 9.44 of the	774
Revised Code. Credit for prior service, including an increased	775
vacation accrual rate and longevity supplement, shall take effect	776
during the first pay period that begins immediately following the	777
date the director of administrative services approves granting	778
credit for that prior service. No employee, other than an employee	779
who submits proof of prior service within ninety days after the	780
date of the employee's hiring, shall receive any amount of	781
vacation leave for the period prior to the date of the director's	782
approval of the grant of credit for prior service.	783

Part-time permanent employees who are paid in accordance with	784
section 124.152 of the Revised Code and full-time permanent	785
employees subject to this section who are in active pay status for	786
less than eighty hours in a pay period shall earn vacation leave	787
on a prorated basis. The ratio between the hours worked and the	788
vacation hours earned by these classes of employees shall be the	789
same as the ratio between the hours worked and the vacation hours	790
earned by a full-time permanent employee with the same amount of	791
service as provided for in this section.	792

(B) Employees granted leave under this section shall forfeit	793
their right to take or to be paid for any vacation leave to their	794
credit which is in excess of the accrual for three years. Such	795
excess leave shall be eliminated from the employees' leave	796
balance. If an employee's vacation leave credit is at, or will	797
reach in the immediately following pay period, the maximum of the	798
accrual for three years and the employee has been denied the use	799
of vacation leave during the immediately preceding twelve months,	800
the employee, at the employee's request, shall be paid in a pay	801
period for the vacation leave the employee was denied, up to the	802
maximum amount the employee would be entitled to be paid for in	803
any pay period. An employee is not entitled to receive payment for	804
vacation leave denied in any pay period in which the employee's	805
vacation leave credit is not at, or will not reach in the	806
immediately following pay period, the maximum of accrual for three	807
years. Any vacation leave for which an employee receives payment	808
shall be deducted from the employee's vacation leave balance. Such	809
payment shall not be made for any leave accrued in the same	810
calendar year in which the payment is made.	811

(C) Upon separation from state service, an employee granted	812
leave under this section is entitled to compensation at the	813
employee's current rate of pay for all unused vacation leave	814
accrued under this section or section 124.13 of the Revised Code	815
to the employee's credit. In case of transfer of an employee from	816
one state agency to another, the employee shall retain the accrued	817
and unused vacation leave. In case of the death of an employee,	818
such unused vacation leave shall be paid in accordance with	819
section 2113.04 of the Revised Code, or to the employee's estate.	820
An employee serving in a temporary work level or an interim	821
appointment who is eligible to receive compensation under this	822
division shall be compensated at the base rate of pay of the	823
employee's normal classification.	824

Sec. 124.14.  (A)(1) The director of administrative services	825
shall establish, and may modify or repeal, by rule, a job	826
classification plan for all positions, offices, and employments	827
the salaries of which are paid in whole or in part by the state.	828
The director shall group jobs within a classification so that the	829
positions are similar enough in duties and responsibilities to be	830
described by the same title, to have the same pay assigned with	831
equity, and to have the same qualifications for selection applied.	832
The director shall, by rule, assign a classification title to each	833
classification within the classification plan. However, the	834
director shall consider in establishing classifications, including	835
classifications with parenthetical titles, and assigning pay	836
ranges such factors as duties performed only on one shift, special	837
skills in short supply in the labor market, recruitment problems,	838
separation rates, comparative salary rates, the amount of training	839
required, and other conditions affecting employment. The director	840
shall describe the duties and responsibilities of the class and	841
positions in each classification, establish the qualifications for	842
being employed in thateach position in the classification, and	843
shall file with the secretary of state a copy of specifications	844
for all of the classifications. The director shall file new,	845
additional, or revised specifications with the secretary of state	846
before beingthey are used.	847

The director shall, by rule, assign each classification,	848
either on a statewide basis or in particular counties or state	849
institutions, to a pay range established under section 124.15 or	850
section 124.152 of the Revised Code. The director may assign a	851
classification to a pay range on a temporary basis for a period of	852
time designated in the rulesix months. The director may	853
establish, by rule adopted under Chapter 119. of the Revised Code,	854
experimental classification plans for some or all employees paid	855
directly by warrant of the auditor of state. The rule shall	856
include specifications for each classification within the plan and	857
shall specifically address compensation ranges, and methods for	858
advancing within the ranges, for the classifications, which may be	859
assigned to pay ranges other than the pay ranges established under	860
section 124.15 or 124.152 of the Revised Code.	861

(2) The director may reassign to a proper classification	862
those positions that have been assigned to an improper	863
classification. If the compensation of an employee in such a	864
reassigned position exceeds the maximum rate of pay for the	865
employee's new classification, the employee shall be placed in pay	866
step X and shall not receive an increase in compensation until the	867
maximum rate of pay for that classification exceeds the employee's	868
compensation.	869

(3) The director may reassign an exempt employee, as defined	870
in section 124.152 of the Revised Code, to a bargaining unit	871
classification if the director determines that the bargaining unit	872
classification is the proper classification for that employee.	873
Notwithstanding Chapter 4117. of the Revised Code or instruments	874
and contracts negotiated under it, suchthese placements are at	875
the director's discretion.	876

(4) The director shall, by rule, assign related	877
classifications, which form a career progression, to a	878
classification series. The director shall, by rule, assign each	879
classification in the classification plan a five-digit number, the	880
first four digits of which shall denote the classification series	881
to which the classification is assigned. When a career progression	882
encompasses more than ten classifications, the director shall, by	883
rule, identify the additional classifications belonging to a	884
classification series. SuchThe additional classifications shall	885
be part of the classification series, notwithstanding the fact	886
that the first four digits of the number assigned to the	887
additional classifications do not correspond to the first four	888
digits of the numbers assigned to other classifications in the	889
classification series.	890

(5) The director shall adopt, in accordance with rules in	891
accordance withadopted under Chapter 119. of the Revised Code for	892
the establishment of, shall establish, and may modify or repeal, a	893
classification plan for county agencies that elect not to use the	894
services and facilities of a county personnel department. The	895
rules shall include a methodology for the establishment of titles	896
unique to county agencies, the use of state classification titles	897
and classification specifications for common positions, the	898
criteria for a county to meet in establishing its own	899
classification plan, and the establishment of what constitutes a	900
classification series for county agencies.	901

(B) Division (A) of this section and sections 124.15 and	902
124.152 of the Revised Code do not apply to the following persons,	903
positions, offices, and employments:	904

(1) Elected officials;

905

(2) Legislative employees, employees of the legislative	906
service commission, employees in the office of the governor,	907
employees who are in the unclassified civil service and exempt	908
from collective bargaining coverage in the office of the secretary	909
of state, auditor of state, treasurer of state, and attorney	910
general, and employees of the supreme court;	911

(3) Employees of a county children services board that	912
establishes compensation rates under section 5153.12 of the	913
Revised Code;	914

(4) Any position for which the authority to determine	915
compensation is given by law to another individual or entity;	916

(5) Employees of the bureau of workers' compensation whose	917
compensation the administrator of workers' compensation	918
establishes under division (B) of section 4121.121 of the Revised	919
Code.	920

(C) The director may employ a consulting agency to aid and	921
assist the director in carrying out this section.	922

(D)(1) When the director proposes to modify a classification	923
or the assignment of classes to appropriate pay ranges, the	924
director shall send written notice of the proposed rule to the	925
appointing authorities of the affected employees thirty days	926
before the hearing on the proposed rule. The appointing	927
authorities shall notify the affected employees regarding the	928
proposed rule. The director shall also send suchthose appointing	929
authorities notice of any final rule whichthat is adopted within	930
ten days after adoption.	931

(2) When the director proposes to reclassify any employee so	932
that the employee is adversely affected, the director shall give	933
to the employee affected and to the employee's appointing	934
authority a written notice setting forth the proposed new	935
classification, pay range, and salary. Upon the request of any	936
classified employee who is not serving in a probationary period,	937
the director shall perform a job audit to review the	938
classification of the employee's position to determine whether the	939
position is properly classified. The director shall give to the	940
employee affected and to the employee's appointing authority a	941
written notice of the director's determination whether or not to	942
reclassify the position or to reassign the employee to another	943
classification. An employee or appointing authority desiring a	944
hearing shall file a written request for the hearing with the	945
state personnel board of review within thirty days after receiving	946
the notice. The board shall set the matter for a hearing and	947
notify the employee and appointing authority of the time and place	948
of the hearing. The employee, the appointing authority, or any	949
authorized representative of the employee who wishes to submit	950
facts for the consideration of the board shall be afforded	951
reasonable opportunity to do so. After the hearing, the board	952
shall consider anew the reclassification and may order the	953
reclassification of the employee and require the director to	954
assign the employee to such appropriate classification as the	955
facts and evidence warrant. As provided in division (A)(1) of	956
section 124.03 of the Revised Code, the board may determine the	957
most appropriate classification for the position of any employee	958
coming before the board, with or without a job audit. The board	959
shall disallow any reclassification or reassignment classification	960
of any employee when it finds that changes have been made in the	961
duties and responsibilities of any particular employee for	962
political, religious, or other unjust reasons.	963

(E)(1) Employees of each county department of job and family	964
services shall be paid a salary or wage established by the board	965
of county commissioners. The provisions of section 124.18 of the	966
Revised Code concerning the standard work week apply to employees	967
of county departments of job and family services. A board of	968
county commissioners may do either of the following:	969

(a) Notwithstanding any other section of the Revised Code,	970
supplement the sick leave, vacation leave, personal leave, and	971
other benefits of any employee of the county department of job and	972
family services of that county, if the employee is eligible for	973
the supplement under a written policy providing for the	974
supplement;	975

(b) Notwithstanding any other section of the Revised Code,	976
establish alternative schedules of sick leave, vacation leave,	977
personal leave, or other benefits for employees not inconsistent	978
with the provisions of a collective bargaining agreement covering	979
the affected employees.	980

(2) The provisions of divisionDivision (E)(1) of this	981
section dodoes not apply to employees for whom the state	982
employment relations board establishes appropriate bargaining	983
units pursuant to section 4117.06 of the Revised Code, except in	984
either of the following situations:	985

(a) The employees for whom the state employment relations	986
board establishes appropriate bargaining units elect no	987
representative in a board-conducted representation election.	988

(b) After the state employment relations board establishes	989
appropriate bargaining units for such employees, all employee	990
organizations withdraw from a representation election.	991

(F) With respect to officers and employees of state-supported	992
colleges and universities and except for the powers and duties of	993
the state personnel board of review set forth in section 124.03 of	994
the Revised Code, the powers, duties, and functions of the	995
department of administrative services and of the director of	996
administrative services specified in this chapter are hereby	997
vested in and assigned to the boards of trustees of those colleges	998
and universities, or those officers to whom the boards of trustees	999
have delegated these powers, duties, and functions, subject to a	1000
periodic audit and review by the director. In exercising the	1001
powers, duties, and functions of the director, the boards of	1002
trustees or the officers to whom these powers, duties, and	1003
functions were delegated need not establish a job classification	1004
plan for unclassified employees and may proceed under section	1005
111.15 of the Revised Code when exercising the director's	1006
rule-making authority. The adoption, amendment, rescission, and	1007
enforcement of rules under this division is not subject to	1008
approval, disapproval, or modification by the state personnel	1009
board of review. Nothing in this division shall be construed to	1010
limit the right of any classified employee who possesses the right	1011
of appeal to the state personnel board of review to continue to	1012
possess that right of appeal.	1013

Upon the director's determination or finding of the misuse by	1014
the board of trustees of or a designated officer of a	1015
state-supported college or university of the authority granted	1016
under this division, the director shall order and direct the	1017
personnel functions of that state-supported college or university	1018
until sections 124.01 to 124.64 of the Revised Code have been	1019
fully complied with(1) Notwithstanding any contrary provision of	1020
sections 124.01 to 124.64 of the Revised Code, the board of	1021
trustees of each college or university, as defined in section	1022
3345.12 of the Revised Code, shall carry out all matters of	1023
governance involving the officers and employees of the college or	1024
university, including, but not limited to, the powers, duties, and	1025
functions of the department of administrative services and the	1026
director of administrative services specified in this chapter.	1027
Officers and employees of a college or university shall have the	1028
right of appeal to the state personnel board of review as provided	1029
in this chapter.	1030

(2) Each board of trustees shall adopt rules under section	1031
111.15 of the Revised Code to carry out the matters of governance	1032
described in division (F)(1) of this section. Until the board of	1033
trustees adopts those rules, a college or university shall	1034
continue to operate pursuant to the applicable rules adopted by	1035
the director of administrative services under this chapter.	1036

(G)(1) Each board of county commissioners may, by a	1037
resolution adopted by a majority of its members, establish a	1038
county personnel department to exercise the powers, duties, and	1039
functions specified in division (G) of this section. As used in	1040
division (G) of this section, "county personnel department" means	1041
a county personnel department established by a board of county	1042
commissioners under division (G)(1) of this section.	1043

(2) Each board of county commissioners may, by a resolution	1044
adopted by a majority of its members, designate the county	1045
personnel department of the county to exercise the powers, duties,	1046
and functions of the department of administrative services and the	1047
director of administrative services specified in sections 124.01	1048
to 124.64 and Chapter 325. of the Revised Code, except for the	1049
powers and duties of the state personnel board of review, which	1050
powers and duties shall not be construed as having been modified	1051
or diminished in any manner by division (G)(2) of this section,	1052
with respect to the employees for whom the board of county	1053
commissioners is the appointing authority or co-appointing	1054
authority. Upon certification of a copy of the resolution by the	1055
board to the director, thesethose powers, duties, and functions	1056
are vested in and assigned to the county personnel department with	1057
respect to the employees for whom the board of county	1058
commissioners is the appointing authority or co-appointing	1059
authority. The certification to the director shall be provided not	1060
later than one hundred twenty days before the first day of July of	1061
an odd-numbered year, and, following the certification, thethose	1062
powers, duties, and functions specified in sections 124.01 to	1063
124.64 and Chapter 325. of the Revised Code shall be vested in and	1064
assigned to the county personnel department on that first day of	1065
July. Nothing in division (G)(2) of this section shall be	1066
construed to limit the right of any employee who possesses the	1067
right of appeal to the state personnel board of review to continue	1068
to possess that right of appeal.	1069

Any board of county commissioners that has established a	1070
county personnel department may contract with the department of	1071
administrative services, another political subdivision, or an	1072
appropriate public or private entity to provide competitive	1073
testing services or other appropriate services.	1074

(3) After the county personnel department of a county has	1075
assumed the powers, duties, and functions of the department of	1076
administrative services and the director as described in division	1077
(G)(2) of this section, any elected official, board, agency, or	1078
other appointing authority of that county may, upon notification	1079
to the director, elect to use the services and facilities of the	1080
county personnel department. Upon the acceptance by the director	1081
of such a notification, the county personnel department shall	1082
exercise the powers, duties, and functions of the department of	1083
administrative services and the director as described in division	1084
(G)(2) of this section with respect to the employees of that	1085
elected official, board, agency, or other appointing authority.	1086
The notification to the director shall be provided not later than	1087
one hundred twenty days before the first day of July of an	1088
odd-numbered year, and, following the notification, the powers,	1089
duties, and functions specified in sections 124.01 to 124.64 and	1090
Chapter 325. of the Revised Code with respect to the employees of	1091
that elected official, board, agency, or other appointing	1092
authority shall be vested in and assigned to the county personnel	1093
department on that first day of July. Except for those employees	1094
under the jurisdiction of the county personnel department, the	1095
director shall continue to exercise these powers, duties, and	1096
functions with respect to employees of the county.	1097

(4) Each board of county commissioners that has established a	1098
county personnel department may, by a resolution adopted by a	1099
majority of its members, disband the county personnel department	1100
and return to the department of administrative services for the	1101
administration of sections 124.01 to 124.64 and Chapter 325. of	1102
the Revised Code. The board shall, not later than one hundred	1103
twenty days before the first day of July of an odd-numbered year,	1104
send the director a certified copy of the resolution disbanding	1105
the county personnel department. All powers, duties, and functions	1106
previously vested in and assigned to the county personnel	1107
department shall return to the director on that first day of July.	1108

(5) Any elected official, board, agency, or appointing	1109
authority of a county may return to the department of	1110
administrative services for the administration of sections 124.01	1111
to 124.64 and Chapter 325. of the Revised Code. The elected	1112
official, board, agency, or appointing authority shall, not later	1113
than one hundred twenty days before the first day of July of an	1114
odd-numbered year, send the director a certified copy of the	1115
resolution that states its decision. All powers, duties, and	1116
functions previously vested in and assigned to the county	1117
personnel department with respect to the employees of that elected	1118
official, board, agency, or appointing authority shall return to	1119
the director on that first day of July.	1120

(6) The director, by rule adopted in accordance with Chapter	1121
119. of the Revised Code, shall prescribe criteria and procedures	1122
for granting to each county personnel department the powers,	1123
duties, and functions of the department of administrative services	1124
and the director as described in division (G)(2) of this section	1125
with respect to the employees of an elected official, board,	1126
agency, or other appointing authority or co-appointing authority.	1127
The rules shall cover the following criteria and procedures:	1128

(a) The notification to the department of administrative	1129
services that an elected official, board, agency, or other	1130
appointing authority of a county has elected to use the services	1131
and facilities of the county personnel department;	1132

(b) A requirement that each county personnel department, in	1133
carrying out its duties, adhere to merit system principles with	1134
regard to employees of county departments of job and family	1135
services, child support enforcement agencies, and public child	1136
welfare agencies so that there is no threatened loss of federal	1137
funding for these agencies, and a requirement that the county be	1138
financially liable to the state for any loss of federal funds due	1139
to the action or inaction of the county personnel department. The	1140
costs associated with audits conducted to monitor compliance with	1141
division (G)(6)(b) of this section shall be borne equally by the	1142
department of administrative services and the county.	1143

(c) The termination of services and facilities rendered by	1144
the department of administrative services, to include rate	1145
adjustments, time periods for termination, and other related	1146
matters;	1147

(d) Authorization for the director of administrative services	1148
to conduct periodic audits and reviews of county personnel	1149
departments to guarantee the uniform application of this granting	1150
of the director's powers, duties, and functions. The costs of the	1151
audits and reviews shall be borne equally by the department of	1152
administrative services and the county for which the services were	1153
are performed.	1154

(e) The dissemination of audit findings under division	1155
(G)(5)(d) of this section, any appeals process relating to adverse	1156
findings by the department, and the methods whereby the county	1157
personnel program will revert to the authority of the director of	1158
administrative services due to misuse or nonuniform application of	1159
the authority granted to the county under division (G)(2) or (3)	1160
of this section.	1161

(H) The director shall establish the rate and method of	1162
compensation for all employees who are paid directly by warrant of	1163
the auditor of state and who are serving in positions whichthat	1164
the director has determined impracticable to include in the state	1165
job classification plan. This division does not apply to elected	1166
officials, legislative employees, employees of the legislative	1167
service commission, employees who are in the unclassified civil	1168
service and exempt from collective bargaining coverage in the	1169
office of the secretary of state, auditor of state, treasurer of	1170
state, and attorney general, employees of the courts, employees of	1171
the bureau of workers' compensation whose compensation the	1172
administrator of workers' compensation establishes under division	1173
(B) of section 4121.121 of the Revised Code, or employees of an	1174
appointing authority authorized by law to fix the compensation of	1175
those employees.	1176

(I) The director shall set the rate of compensation for all	1177
intermittent, interim, seasonal, temporary, emergency, and casual	1178
employees who are not considered public employees under section	1179
4117.01 of the Revised Code. SuchThose employees are not entitled	1180
to receive employee benefits. This rate of compensation shall be	1181
equitable in terms of the rate of employees serving in the same or	1182
similar classifications. This division does not apply to elected	1183
officials, legislative employees, employees of the legislative	1184
service commission, employees who are in the unclassified civil	1185
service and exempt from collective bargaining coverage in the	1186
office of the secretary of state, auditor of state, treasurer of	1187
state, and attorney general, employees of the courts, employees of	1188
the bureau of workers' compensation whose compensation the	1189
administrator establishes under division (B) of section 4121.121	1190
of the Revised Code, or employees of an appointing authority	1191
authorized by law to fix the compensation of those employees.	1192

Sec. 124.141. An appointing authority may pay to an officer	1193
or employee described in division (A)(30) of section 124.11,	1194
division (B)(2) of section 124.14, or division (B) of section	1195
126.32 of the Revised Code a salary and benefits package that	1196
differs from the salary and benefits otherwise provided by law for	1197
that officer or employee.	1198

Sec. 124.21. (A) The director of administrative services may	1199
divide the state into civil service districts, and establish an	1200
officer in each of such districtsdistrict. The director may place	1201
in charge of each such district an assistant whose duties and	1202
compensation shall be determined and fixed by the rulesrule of	1203
the director.	1204

(B) The director shall designate five regions for purposes of	1205
administering civil service examinations based on population	1206
demographics in geographic areas. Examinations shall be conducted	1207
in each region when the director determines that the list of	1208
certified applicants fails to provide adequate eligible candidates	1209
for efficient selection in a particular region.	1210

Sec. 124.22. No rules or regulations shall be made setting	1211
upRules establishing educational requirements as a condition of	1212
taking a civil service examination except inshall only be adopted	1213
with respect to professional and other positions for which such	1214
educational requirements are expressly imposed by statutea	1215
section of the Revised Code or federal requirements and to the	1216
extent of the requirements so imposed, except for such positions	1217
where education and training are necessary to the performance of a	1218
specific job or professional pursuitor for which the director	1219
determines that the educational requirements are job-related. An	1220
applicant for a civil service examination must be a United States	1221
citizen or have legally declared histhe intention of becoming a	1222
United States citizen.	1223

Sec. 124.23.  (A) All applicants for positions and places in	1224
the classified service shall be subject to examination, except for	1225
applicants for positions as professional or certified service and	1226
paraprofessional employees of county boards of mental retardation	1227
and developmental disabilities, who shall be hired in the manner	1228
provided in section 124.241 of the Revised Code.	1229

(B) Any examination administered under this section shall be	1230
public, and be open to all citizens of the United States and those	1231
persons who have legally declared their intentions of becoming	1232
United States citizens, within certain limitations to be	1233
determined by the director of administrative services, as to	1234
citizenship, age, experience, education, health, habit, and moral	1235
character; provided any soldier, sailor, marine, coast guarder,	1236
member of the auxiliary corps as established by congress, member	1237
of the army nurse corps or navy nurse corps, or red cross nurse	1238
who has served in the army, navy, or hospital service of the	1239
United States, and such other military service as is designated by	1240
congress, including World War I, World War II, or during the	1241
period beginning May 1, 1949, and lasting so long as the armed	1242
forces of the United States are engaged in armed conflict or	1243
occupation duty, or the selective service or similar conscriptive	1244
acts are in effect in the United States, whichever is the later	1245
date,. Any person who has completed service in the uniformed	1246
services, who has been honorably discharged therefromfrom the	1247
uniformed services or transferred to the reserve with evidence of	1248
satisfactory service, and who is a resident of Ohio,this state	1249
may file with the director of administrative services a	1250
certificate of service or honorable discharge, whereuponand, upon	1251
this filing, the person shall receive additional credit of twenty	1252
per cent of the person's total grade given in the regular	1253
examination in which the person receives a passing grade. Such	1254

As used in this division, "service in the uniformed services"	1255
and "uniformed services" have the same meanings as in the	1256
"Uniformed Services Employment and Reemployment Rights Act of	1257
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	1258

(C) An examination may include an evaluation of such factors	1259
as education, training, capacity, knowledge, manual dexterity, and	1260
physical or psychological fitness. ExaminationsAn examination	1261
shall consist of one or more tests in any combination. Tests may	1262
be written, oral, physical, demonstration of skill, or an	1263
evaluation of training and experiences and shall be designed to	1264
fairly test the relative capacity of the persons examined to	1265
discharge the particular duties of the position for which	1266
appointment is sought. WhereTests may include structured	1267
interviews, assessment centers, work simulations, examinations of	1268
knowledge, skills, and abilities, and any other acceptable testing	1269
methods. If minimum or maximum requirements are established for	1270
any examination, they shall be specified in the examination	1271
announcement.	1272

(D) The director of administrative services shall have	1273
control of all examinations, except as otherwise provided in	1274
sections 124.01 to 124.64 of the Revised Code. No questions in any	1275
examination shall relate to political or religious opinions or	1276
affiliations. No credit for seniority, efficiency, or any other	1277
reason shall be added to an applicant's examination grade unless	1278
the applicant achieves at least the minimum passing grade on the	1279
examination without counting suchthat extra credit.	1280

(E) Except as otherwise provided in sections 124.01 to 124.64	1281
of the Revised Code, the director of administrative services shall	1282
give reasonable notice of the time, place, and general scope of	1283
every competitive examination for appointment to a position in the	1284
civil service. The director of administrative services shall send	1285
written, printed, or electronic notices of every examination ofto	1286
be conducted in the state classified service to each agency of the	1287
type the director of job and family services specifies and, in the	1288
case of a county in which no such agency is located, to the clerk	1289
of the court of common pleas of that county and to the clerk of	1290
each city oflocated within that county. SuchThose notices,	1291
promptly upon receipt, shall be posted in conspicuous public	1292
places in the designated agencies andor the courthouse, and city	1293
hall of the cities, of the counties in which no suchdesignated	1294
agency is located. Such notices shall be postedfor at least two	1295
weeks preceding any examination involved, and in a conspicuous	1296
place in the office of the director of administrative services for	1297
at least two weeks beforepreceding any examination involved. In	1298
case of examinations limited by the director of administrative	1299
services to a district, county, city, or department, the director	1300
of administrative services shall provide by rule for adequate	1301
publicity of such examinationsan examination in the district,	1302
county, city, or department within which competition is permitted.	1303

Sec. 124.26. (A) Except as provided in divisions (B) and (C)	1304
of this section, fromFrom the returns of the examinations, the	1305
director of administrative services shall prepare an eligible list	1306
of the persons whose general average standing upon examinations	1307
for suchthe grade or class is not less than the minimum fixed by	1308
the rules of the director, and who are otherwise eligible; and	1309
such. Those persons shall take rank upon the eligible list as	1310
candidates in the order of their relative excellence as determined	1311
by the examination without reference to priority of the time of	1312
examination. In the eventIf two or more applicants receive the	1313
same mark in an open competitive examination, priority in the time	1314
of filing the application with the director shall determine the	1315
order in which their names shall be placed on the eligible list;	1316
provided, except that applicants eligible for veteran's preference	1317
under section 124.23 of the Revised Code shall receive priority in	1318
rank on the eligible list over nonveterans on the list with a	1319
rating equal to that of the veteran. Ties among veterans shall be	1320
decided by priority of filing the application. In the event ofIf	1321
two or more applicants receivingreceive the same mark on a	1322
promotional examination, seniority shall determine the order in	1323
which their names shall be placed on the eligible list. The term	1324
of eligibility of each list shall be fixed by the director at not	1325
less than one noror more than two years. When	1326

When an eligible list is reduced to ten names or less, a new	1327
list may be prepared. The director may consolidate two or more	1328
eligible lists of the same kind by the rearranging of eligibles	1329
named thereinin the lists, according to their grades.	1330

(B) A person serving as a provisional employee who passes an	1331
examination, given for the department in which he is employed, for	1332
the class or grade in which the person holds the position shall be	1333
appointed as a certified employee in the position before the	1334
director of administrative services prepares an eligible list.	1335

Sec. 124.27.  (A) The head of a department, office, or	1336
institution, in which a position in the classified service is to	1337
be filled, shall notify the director of administrative services of	1338
the fact, and the director shall, except as otherwise provided in	1339
this section and sections 124.30 and 124.31 of the Revised Code,	1340
certify to the appointing authority the names and addresses of the	1341
ten candidates standing highest on the eligible list for the class	1342
or grade to which the position belongs; provided, except that the	1343
director may certify less than ten names if ten names are not	1344
available. When less than ten names are certified to an appointing	1345
authority, appointment from that list shall not be mandatory. When	1346
a position in the classified service in the department of mental	1347
health or the department of mental retardation and developmental	1348
disabilities is to be filled, the director of administrative	1349
services shall make such certification to the appointing authority	1350
within seven working days of the date the eligible list is	1351
requested.	1352

This division and division (B) of this section do not apply	1353
to original appointments described in division (B) of section	1354
124.43 of the Revised Code.	1355

(B) The appointing authority shall notify the director of	1356
sucha position in the classified service to be filled, and the	1357
appointing authority shall fill suchthe vacant position by	1358
appointment of one of the ten persons certified by the director.	1359
If more than one position is to be filled, the director of	1360
administrative services may certify a group of names from the	1361
eligible list, and the appointing authority shall appoint in the	1362
following manner: Beginningbeginning at the top of the list, each	1363
time a selection is made, it must be from one of the first ten	1364
candidates remaining on the list who is willing to accept	1365
consideration for the position. If an eligible list becomes	1366
exhausted, and until a new list can be created, or when no	1367
eligible list for sucha position exists, names may be certified	1368
from eligible lists most appropriate for the group or class in	1369
which the position to be filled is classified. A person who is	1370
certified from an eligible list more than three times to the same	1371
appointing authority for the same or similar positions, may be	1372
omitted from future certification to suchthat appointing	1373
authority, provided that certification for a temporary appointment	1374
shall not be counted as one of suchthose certifications. Every	1375
soldier, sailor, marine, coast guarder, member of the auxiliary	1376
corps as established by congress, member of the army nurse corps,	1377
or navy nurse corps, or red cross nurse who has served in the	1378
army, navy, or hospital service of the United States, and such	1379
other military service as is designated by congress in the war	1380
with Spain, including the Philippine insurrection and the Chinese	1381
relief expedition, or from April 21, 1898, to July 4, 1902, World	1382
War I, World War II, or during the period beginning May 1, 1949,	1383
and lasting so long as the armed forces of the United States are	1384
engaged in armed conflict or occupation duty, or the selective	1385
service or similar conscriptive acts are in effect in the United	1386
States, whichever is the later date, who has been honorably	1387
discharged or separated under honorable conditions therefrom,	1388
person who qualifies for veteran's preference under section 124.23	1389
of the Revised Code, who is a resident of this state, and whose	1390
name is on the eligible list for a position, shall be entitled to	1391
preference in original appointments to any such competitive	1392
position in the civil service of the state and theits civil	1393
divisions thereof, over all other persons eligible for suchthose	1394
appointments and standing on the relevant eligible list therefor,	1395
with a rating equal to that of each suchthe person qualifying for	1396
veteran's preference. Appointments to all positions in the	1397
classified service, that are not filled by promotion, transfer, or	1398
reduction, as provided in sections 124.01 to 124.64 of the Revised	1399
Code and the rules of the director prescribed under those	1400
sections, shall be made only from those persons whose names are	1401
certified to the appointing authority, and no employment, except	1402
as provided in those sections, shall be otherwise given in the	1403
classified service of this state or any political subdivision of	1404
the state.	1405

(C) All original and promotional appointments, including	1406
provisional appointments made pursuant to section 124.30 of the	1407
Revised Code, shall be for a probationary period, not less than	1408
sixty days nor more than one year, to be fixed by the rules of the	1409
director, except as provided in section 124.231 of the Revised	1410
Code, orand except for original appointments to a police	1411
department as a police officer, or to a fire department as a	1412
firefighter which shall be for a probationary period of one year,	1413
and no. No appointment or promotion is final until the appointee	1414
has satisfactorily served the probationary period. Service as a	1415
provisional employee in the same or similar class shall be	1416
included in the probationary period. If the service of the	1417
probationary employee is unsatisfactory, the employee may be	1418
removed or reduced at any time during the probationary period. If	1419
the appointing authority's decision isauthority decides to remove	1420
the appointee, the appointing authority's communication to the	1421
directorauthority shall indicate the reason for that decision. A	1422
probationary employee duly removed or reduced in position for	1423
unsatisfactory service does not have the right to appeal the	1424
removal or reduction under section 124.34 of the Revised Code.	1425

Sec. 124.271.  Any employee in the classified service of the	1426
state or any county, city, city health district, general health	1427
district, or city school district who is appointed provisionally	1428
to fill a vacancy and whoposition under section 124.30 of the	1429
Revised Code, and either demonstrates merit and fitness for the	1430
position by successfully completing the probationary period for	1431
the position or remains in provisional status in the same	1432
classification or classification seriesposition for a period of	1433
two yearssix months of continuous service, during which period no	1434
competitive examination is held, becomeswhichever period is	1435
longer, shall become a permanent appointee in the classified	1436
service at the conclusion of such two-yearthat period.	1437

Sec. 124.30.  (A) Positions in the classified service may be	1438
filled without competition as follows:	1439

(1) Whenever there are urgent reasons for filling a vacancy	1440
in any position in the classified service and the director of	1441
administrative services is unable to certify to the appointing	1442
authority, upon requisition by the latterits request, a list of	1443
persons eligible for appointment to suchthe position after a	1444
competitive examination, the appointing authority may nominate a	1445
person to the director forfill the position by noncompetitive	1446
examination, and if such nominee is certified by the director as	1447
qualified after such noncompetitive examination, the nominee may	1448
be appointed provisionally to fill such vacancy until a selection	1449
and appointment can be made after competitive examination; but	1450
such provisional appointment shall continue in force only until a	1451
regular appointment can be made from eligible lists prepared by	1452
the director and such eligible lists shall be prepared within six	1453
months, provided that an examination for the position must be held	1454
within the six-month period from the date of such provisional	1455
appointment. In the case of provisional appointees in county	1456
departments of job and family services and in the department of	1457
job and family services and department of health, if the salary is	1458
paid in whole or in part from federal funds, such eligible lists	1459
shall be prepared within six months, provided that an examination	1460
for the position must be held within the six-month period from the	1461
date of such provisional appointment. In case of an emergency, an	1462

A temporary appointment may be made without regard to the	1463
rules of sections 124.01 to 124.64 of the Revised Code, but in no	1464
case to. Except as otherwise provided in this division, the	1465
temporary appointment may not continue longer than thirtyone	1466
hundred twenty days, and in no case shall successive temporary	1467
appointments be made. Interim orA temporary appointments, made	1468
appointment longer than one hundred twenty days may be made if one	1469
of the following applies:	1470

(a) It is necessary to complete a task or project funded	1471
under a discrete grant or similar funding mechanism, in which case	1472
it shall continue only during the period the applicable position,	1473
program, or project is funded.	1474

(b) It is necessary by reason of sickness, disability, or	1475
other approved leave of absence of regular officers or employees	1476
shall, in which case it may continue only during suchthe period	1477
of sickness, disability, or other approved leave of absence,	1478
subject to the rules to be provided for byof the director;	1479

(c) It is determined by the fluctuating demands of the work	1480
involved, the work being unpredictable and generally characterized	1481
as requiring less than one thousand hours per year.	1482

(2) In case of a vacancy in a position in the classified	1483
service where peculiar and exceptional qualifications of a	1484
scientific, managerial, professional, or educational character are	1485
required, and upon satisfactory evidence that for specified	1486
reasons competition in suchthis special case is impracticable and	1487
that the position can best be filled by a selection of some	1488
designated person of high and recognized attainments in suchthose	1489
qualities, the director may suspend the provisions of sections	1490
124.01 to 124.64 of the Revised Code, requiringthat require	1491
competition in suchthis special case, but no suspension shall be	1492
general in its application, and all. All such cases of suspension	1493
shall be reported in the annual report of the director with the	1494
reasons for theeach suspension. The director shall suspend the	1495
provisions when the director of job and family services provides	1496
the director certification under section 5101.051 of the Revised	1497
Code that a position with the department of job and family	1498
services can best be filled if the provisions are suspended.	1499

(3) Where the services to be rendered by an appointee are for	1500
a temporary period, not to exceed six months, and the need of such	1501
service is important and urgent, the appointing authority may	1502
select for such temporary service any person on the proper list of	1503
those eligible for permanent appointment. Successive temporary	1504
appointments to the same position shall not be made under this	1505
division. The acceptance or refusal by an eligible of a temporary	1506
appointment shall not affect the person's standing on the register	1507
eligible list for permanent employment;appointment, nor shall the	1508
period of temporary service be counted as a part of the	1509
probationary service in case of subsequent appointment to a	1510
permanent position.	1511

(B) Persons who receive external interim, temporary, or	1512
intermittent appointments are in the unclassified civil service	1513
and serve at the pleasure of their appointing authority. Interim	1514
appointments shall be made only to fill a vacancy that results	1515
from an employee's temporary absence, but shall not be made to	1516
fill a vacancy that results because an employee receives an	1517
interim appointment.	1518

Sec. 124.31.  (A) Vacancies in positions in the classified	1519
service shall be filled insofar as practicable by promotions. The	1520
director of administrative services shall provide in the	1521
director's rules for keeping a record of efficiency for each	1522
employee in the classified service, and for making promotions in	1523
the classified service on the basis of merit, to be ascertained as	1524
farinsofar as practicable by promotional examinations, by conduct	1525
and capacity in office, and by seniority in service, and. The	1526
director shall provide that vacancies shall be filled by promotion	1527
in all cases where, in the judgment of the director, it is for the	1528
best interest of the service. The director's rules shall authorize	1529
each appointing authority of a county to develop and administer in	1530
a manner it devises, an evaluation system for the employees it	1531
appoints.	1532

(B) All examinations for promotions shall be competitive and	1533
may be conducted in the same manner as examinations described in	1534
section 124.23 of the Revised Code. In promotional examinations,	1535
seniority in service shall be added to the examination grade, but	1536
no credit for seniority or any other reason shall be added to an	1537
examination grade unless the applicant achieves at least the	1538
minimum passing score on the examination without counting such	1539
that extra credit. Credit for seniority shall equal, for the first	1540
four years of service, one per cent of the total grade attainable	1541
in the promotion examination, and, for each of the fifth through	1542
fourteenth years of service, six-tenths per cent of the total	1543
grade attainable.	1544

In all cases where vacancies are to be filled by promotion,	1545
the director shall certify to the appointing authority only the	1546
names of the three persons having the highest rating on the	1547
eligible list. The method of examination for promotions, the	1548
manner of giving notice thereofof the examination, and the rules	1549
governing the sameit shall be in general the same as those	1550
provided for original examinations, except as otherwise provided	1551
in sections 124.01 to 124.64 of the Revised Code.	1552

Sec. 124.32.  (A) With the consent of the director of	1553
administrative services, a person holding an office or position in	1554
the classified service may be transferred to a similar position in	1555
another office, department, or institution having the same pay and	1556
similar duties;, but no transfer shall be made fromas follows:	1557

(1) To an office or position in one class to an office or	1558
position in another class, nor shall a person be transferred to;	1559

(2) To an office or position for original entrance to which	1560
there is required by sections 124.01 to 124.64 of the Revised	1561
Code, or the rules adopted pursuant to suchthose sections, an	1562
examination involving essential tests or qualifications or	1563
carrying a salary different from or higher than those required for	1564
original entrance to an office or position held by suchthe person	1565
proposed to be transferred.	1566

(B) Any person holding an office or position under the	1567
classified service who has been separated from the service without	1568
delinquency or misconduct on the person's part may, with the	1569
consent of the director, be reinstated within one year from the	1570
date of suchthat separation to a vacancy in the same or similar	1571
office or in a similar position in the same department; provided,.	1572
But, if suchthat separation is due to injury or physical or	1573
psychiatric disability, suchthe person shall be reinstated toin	1574
the same office held or in a similar position to that held at the	1575
time of separation, within thirty days after written application	1576
for reinstatement and after passing, if the person passes a	1577
physical or psychiatric examination made by a licensed physician,	1578
a physician assistant, a clinical nurse specialist, a certified	1579
nurse practitioner, or a certified nurse-midwife showing that the	1580
person has recovered from suchthe injury or physical or	1581
psychiatric disability, provided further that suchif the	1582
application for reinstatement beis filed within threetwo years	1583
from the date of separation, and further provided that suchif the	1584
application shallis not be filed after the date of service	1585
eligibility retirement. The physician, physician assistant,	1586
clinical nurse specialist, certified nurse practitioner, or	1587
certified nurse-midwife shall be designated by the appointing	1588
authority and shall complete any written documentation of the	1589
physical or psychiatric examination.	1590

Sec. 124.321.  (A) Whenever it becomes necessary for an	1591
appointing authority to reduce its work force, the appointing	1592
authority shall lay off or furlough employees, reduce their work	1593
hours, or abolish their positions in accordance with sections	1594
124.321 to 124.327 of the Revised Code and the rules of the	1595
director of administrative services.	1596

(B)(1) Employees may be laid off as a result of a lack of	1597
funds within an appointing authority. For appointing authorities	1598
whichthat employ persons whose salary or wage is paid by warrant	1599
of the auditor of state, the director of budget and management	1600
shall be responsible for determining, consistent with the rules	1601
adopted under division (B)(3) of this section, whether a lack of	1602
funds exists. For all other appointing authorities whichthat	1603
employ persons whose salary or wage is paid other than by warrant	1604
of the auditor of state, the appointing authority shall itself	1605
shall determine whether a lack of funds exists and shall file a	1606
statement of rationale and supporting documentation with the	1607
director of administrative services prior to sending thea layoff	1608
notice.	1609

A(2) As used in this division and divisions (F) and (G) of	1610
this section, a "lack of funds" means an appointing authority has	1611
a current or projected deficiency of funding to maintain current,	1612
or to sustain projected, levels of staffing and operations. This	1613
section does not require any transfer of money between funds in	1614
order to offset a deficiency or projected deficiency of federal	1615
funding for a programprograms funded by the federal government,	1616
special revenue accounts, or proprietary accounts. Whenever a	1617
program receives funding through a grant or similar mechanism, a	1618
lack of funds shall be presumed for the positions assigned to and	1619
the employees who work under the grant or similar mechanism if,	1620
for any reason, the funding is reduced or withdrawn.	1621

(3) The director of budget and management shall promulgate	1622
adopt rules, under Chapter 119. of the Revised Code, for agencies	1623
whose employees are paid by warrant of the auditor of state, for	1624
determining whether a lack of funds exists.	1625

(C)(1) Employees may be laid off as a result of lack of work	1626
within an appointing authority. For appointing authorities whose	1627
employees are paid by warrant of the auditor of state, the	1628
director of administrative services shall determine, consistent	1629
with the rules adopted under division (K) of this section, whether	1630
a lack of work exists. All other appointing authorities shall	1631
themselves determine whether a lack of work exists and shall file	1632
a statement of rationale and supporting documentation with the	1633
director of administrative services prior to sending thea lay-off	1634
notice of layoff.	1635

A(2) As used in this division, a "lack of work, for purposes	1636
of layoff," means an appointing authority has a current or	1637
projected temporary decrease in the workload, expected to last	1638
less than one year, whichthat requires a reduction of current or	1639
projected staffing levels in its organization or structure. The	1640
determination of a lack of work shall indicate the current or	1641
projected temporary decrease in the workload of an appointing	1642
authority and whether the current or projected staffing levels of	1643
the appointing authority will be excessive.	1644

(D) Employees may be laid off as a result of abolishment of	1645
positions. AbolishmentAs used in this division, "abolishment"	1646
means the permanent deletion of a position or positions from the	1647
organization or structure of an appointing authority due to lack	1648
of continued need for the position or positions. An	1649

An appointing authority may abolish positions as a result of	1650
a reorganization for the efficient operation of the appointing	1651
authority, for reasons of economy, or for lack of work. The	1652
determination of the need to abolish positions shall indicate the	1653
lack of continued need for positions within an appointing	1654
authority. Appointing authorities shall themselves shall determine	1655
whether any position should be abolished and shall file a	1656
statement of rationale and supporting documentation with the	1657
director of administrative services prior to sending thea notice	1658
of abolishment. If an abolishment results in a reduction of the	1659
work force, the appointing authority shall follow the procedures	1660
for laying off employees, subject to the following modifications:	1661

(1) The employee whose position has been abolished shall have	1662
the right to fill an available vacancy within the employee's	1663
classification;.	1664

(2) If the employee whose position has been abolished has	1665
more retention points than any other employee serving in the same	1666
classification, then the employee with the fewest retention points	1667
shall be displaced;.	1668

(3) If the employee whose position has been abolished has the	1669
fewest retention points in the classification, the employee shall	1670
have the right to fill an available vacancy in a lower	1671
classification in the classification series;.	1672

(4) If the employee whose position has been abolished has the	1673
fewest retention points in the classification, the employee shall	1674
displace the employee with the fewest retention points in the next	1675
or successively lower classification in the classification series.	1676

(E) Notwithstanding any contrary provision of the	1677
displacement procedure described in section 124.324 of the Revised	1678
Code for employees to displace other employees after a layoff has	1679
occurred, the director of administrative services may establish a	1680
paper lay-off process under which employees who are to be laid off	1681
or displaced may be required, before the date of their paper	1682
layoff, to preselect their options for displacing other employees.	1683

(F)(1) An appointing authority may furlough employees for up	1684
to seventy days during a fiscal year due to a lack of funds. The	1685
seventy days of furlough may be nonconsecutive.	1686

(2) An employee furloughed under division (F) of this section	1687
is eligible to apply for unemployment compensation under Chapter	1688
4141. of the Revised Code.	1689

(3) During a furlough under division (F) of this section, a	1690
furloughed employee is not eligible to use or to be paid for any	1691
accrued leave. Any paid leave approved for use during a furlough	1692
under division (F) of this section is canceled.	1693

(4) An employee may volunteer to take a furlough under	1694
division (F) of this section, but the employee's appointing	1695
authority must approve the taking of the furlough.	1696

(5) Employees who will be subject to a furlough under	1697
division (F) of this section shall be given as much advance notice	1698
of the furlough as possible.	1699

(6) If a temporary or permanent layoff is necessary following	1700
a furlough under division (F) of this section, the period of the	1701
furlough shall be counted as part of the layoff for purposes of	1702
reinstatement.	1703

(G) An appointing authority may reduce the work hours of	1704
full-time permanent employees for up to seventy days in a fiscal	1705
year due to a lack of funds. An employee may volunteer to accept a	1706
reduction in work hours, but the employee's appointing authority	1707
must approve the reduction.	1708

(H) In the event of a reduction of the workforce pursuant to	1709
division (F) or (G) of this section that results in an employee of	1710
an appointing authority not being in active pay status, the	1711
appointing authority shall continue the health, medical, hospital,	1712
dental, vision, and surgical benefits coverage of the employee,	1713
whether provided by an insurance company, health insuring	1714
corporation, or other health plan or entity, for the duration of	1715
the time the employee is not in active pay status. The employee is	1716
liable for payment of the same costs for the benefits coverage as	1717
if the employee was in active pay status.	1718

(I) An employee who is furloughed under division (F) of this	1719
section or whose work hours are reduced under division (G) of this	1720
section does not have the right to displace another employee under	1721
the displacement procedure described in division (E) of this	1722
section or in section 124.324 of the Revised Code.	1723

(J) During a fiscal year, an employee may be both furloughed	1724
under division (F) of this section and have the employee's work	1725
hours reduced under division (G) of this section.	1726

(K) The director of administrative services shall promulgate	1727
adopt rules, under Chapter 119. of the Revised Code, for the	1728
determination of lack of work within an appointing authority, for	1729
the abolishment of positions by an appointing authority, and for	1730
the implementation of this section.	1731

Sec. 124.322.  Whenever a reduction in the work force is	1732
necessary, the appointing authority of an agency shall decide in	1733
which classification or classifications the layoff or layoffs will	1734
occur and the number of employees to be laid off within each	1735
affected classification. The director of administrative services	1736
shall promulgateadopt rules, under Chapter 119. of the Revised	1737
Code, establishing a method for determining layoff procedures and	1738
an order of layoff of, and the displacement and recall of,	1739
laid-off state and county employees. The	1740

The order of layoff in those rules shall be based in part on	1741
length of service and, may include efficiency in service,	1742
appointment type, or suchsimilar other factors the director	1743
considers appropriate. If the director establishes relative	1744
efficiency as a criterion to be used in determining order of	1745
layoff for state and county employees, credit for efficiency may	1746
be other than ten per cent of total retention points.	1747

Sec. 124.323. (A) Employees shall be laid off in the order	1748
set forth in this section within the primary appointment	1749
categories of part-time probationary, part-time permanent,	1750
seasonal, and full-time probationary, and other appointment	1751
categories as established by the director of administrative	1752
servicesfull-time permanent. Whenever	1753

(B) Whenever a reduction in force is necessary within each of	1754
the primary appointment categories, first seasonalpart-time	1755
probationary, then part-time permanent, and then full-time	1756
probationary, and then full-time permanent employees shall be laid	1757
off in the following order:	1758

(1) Employees serving provisionally who have not completed	1759
their probationary period after appointment;	1760

(2) Employees serving provisionally who have satisfactorily	1761
completed their probationary period after appointment;	1762

(3) Employees appointed from certified eligible lists or who	1763
are certified and who have not completed their probationary period	1764
after appointment;	1765

(4) Employees appointed from certified eligible lists or who	1766
are certified and who have successfully completed their	1767
probationary period after appointment.	1768

Sec. 124.324.  (A) A laid-off employee has the right to	1769
displace the employee with the fewest retention points in the	1770
classification from which the employee was laid off or in a lower	1771
or equivalent classification, in the following order:	1772

(1) Within the classification from which the employee was	1773
laid off;	1774

(2) Within the classification series from which the employee	1775
was laid off;	1776

(3) Within a classification which has the same or similar	1777
duties as the classification from which the employee was laid off,	1778
in accordance with the list published by the director under	1779
division (B)(2) of section 124.311 of the Revised Code;	1780

(4) Within the classification the employee held immediately	1781
prior to holding the classification from which the employee was	1782
laid off.	1783

Divisions (A)(3) and (4) of this section shall not apply to	1784
employees of cities, city health districts, and counties, except	1785
for employees of county departments of job and family services.	1786

A laid-off employee in the classified service has the right	1787
to displace an employee with the fewest retention points in the	1788
classification that the laid-off employee held immediately prior	1789
to holding the classification from which the employee was laid	1790
off, if the laid-off employee was certified in the former	1791
classification. If a position in that classification does not	1792
exist, then the employee may displace employees in the	1793
classification that the employee next previously held, and so on,	1794
subject to the same provisions. The employee may not displace	1795
employees in a classification if the employee does not meet the	1796
minimum qualifications of the classification, or if the employee	1797
held the classification more than five years prior to the date on	1798
which the employee was laid off, except that failure to meet	1799
minimum qualifications shall not prevent the employee from	1800
displacing employees in the classification that the employee next	1801
previously held within that five-year period.	1802

If, after exercising displacement rights, an employee is	1803
subject to further layoff action, the employee's displacement	1804
rights shall be in accordance with the classification from which	1805
the employee was first laid off.	1806

The director shall verify the calculation of the retention	1807
points of all employees in an affected classification in	1808
accordance with section 124.325 of the Revised Code.	1809

(B) Following the order of layoff, an employee laid off in	1810
the classified civil service shall displace another employee	1811
within the same appointing authority or independent institution	1812
and layoff jurisdiction in the following manner:	1813

(1) Each laid-off employee possessing more retention points	1814
shall displace the employee with the fewest retention points in	1815
the next lower classification or successively lower classification	1816
in the same classification series; except that a laid-off	1817
provisional employee shall not have the right to displace a	1818
certified employee;.	1819

(2) Any employee displaced by an employee possessing more	1820
retention points shall displace the employee with the fewest	1821
retention points in the next lower classification or successively	1822
lower classification in the same classification series; except	1823
that a displaced provisional employee shall not displace a	1824
certified employee. This process shall continue, if necessary,	1825
until the employee with the fewest retention points in the lowest	1826
classification of the classification series of the same appointing	1827
authority or independent institution has been reached and, if	1828
necessary, laid off.	1829

(C) Employees shall notify the appointing authority of their	1830
intention to exercise their displacement rights, within five days	1831
after receiving notice of layoff.	1832

(D) No employee shall displace an employee for whose position	1833
or classification there exists specialare certain	1834
position-specific minimum qualifications, as established by a	1835
position description, classification specificationsthe appointing	1836
authority and reviewed for validity by the department of	1837
administrative services, or as established by bona fide	1838
occupational qualification, unless the employee desiring to	1839
displace another employee possesses the requisite	1840
position-specific minimum qualifications for the position or	1841
classification.	1842

(E) If an employee exercising displacement rights must	1843
displace an employee in another county within the same layoff	1844
district, the displacement shall not be construed to be a	1845
transfer.	1846

(F) The director of administrative services shall promulgate	1847
adopt rules, under Chapter 119. of the Revised Code, for the	1848
implementation of this section.	1849

Sec. 124.326.  (A) The order of layoff and displacement shall	1850
apply within layoff jurisdictions. Each of the layoff	1851
jurisdictions, as defined in this section, is autonomous, and	1852
layoff, displacement, reinstatement, and reemployment procedures	1853
shall apply only within the jurisdiction affected by the layoff.	1854

(B) The layoff jurisdictions are as follows:

1855

(1) District layoff jurisdiction: the order of layoff shall	1856
be followed on a district-wide basis within each state agency,	1857
board, commission, or independent institution. The director of	1858
administrative services shall establish layoff districts for state	1859
agencies, boards, and commissions.	1860

(2) County jurisdiction: within county agencies, the order of	1861
layoff shall be followed within each county appointing authority.	1862

(3) University and college jurisdiction: each state-supported	1863
college and university is a separate, indivisible layoff	1864
jurisdiction throughout which the order of layoff shall be	1865
followed, except that a branch campus outside the layoff district	1866
of its main campus shall be considered a separate layoff	1867
jurisdiction. For purposes of division (B)(3) of this section, the	1868
Ohio agriculture research and development center shall be	1869
considered a branch campus of the Ohio state university.	1870

The layoff jurisdiction described in division (B)(3) of this	1871
section shall not apply to employees who:	1872

(a) Are laid off for a temporary period of up to one hundred	1873
ten consecutive days; or	1874

(b) Have specialized skills, knowledge, or training necessary	1875
for the performance of their job.	1876

A state-supported college or university may adopt rules	1877
pursuant to Chapter 119. of the Revised Code to provide for the	1878
layoff of employees who are not subject to the lay-off	1879
jurisdiction described in division (B)(3) of this section but	1880
instead are subject to the lay-off jurisdiction described in	1881
division (B)(1) of this section.	1882

(C) As used in this section, "independent institution" means	1883
an institution under the control of a managing officer or board of	1884
trustees with the power to appoint or remove employees as provided	1885
by statute.	1886

Sec. 124.327.  (A) Employees who have been laid off or have,	1887
by virtue of exercising their displacements rights, been displaced	1888
to a lower classification in their classification series, shall be	1889
placed on appropriate layoff lists. Those employees with the most	1890
retention points within each category of order of layoff, as	1891
established in section 124.323 of the Revised Code, shall be	1892
placed at the top of the layoff list to be followed by employees	1893
ranked in descending total retention order. Laid-off employees	1894
shall be placed on layoff lists for each classification in the	1895
classification series equal to or lower than the classification in	1896
which the employee was employed at the time of layoff.	1897

(B) An employee who is laid off retains reinstatement rights	1898
in the agency from which the employee was laid off. Reinstatement	1899
rights continue for one year from the date of layoff. During this	1900
one-year period, in any layoff jurisdiction in which an appointing	1901
authority has an employee on a layoff list, the appointing	1902
authority shall not hire or promote anyone into a position within	1903
that classification until all laid-off persons on a layoff list	1904
for that classification who are qualified to perform the duties of	1905
the position are reinstated or decline the position when it is	1906
offered.	1907

For an exempt employee, as defined in section 124.152 of the	1908
Revised Code, who has reinstatement rights into a bargaining unit	1909
classification, the exempt employee's recall jurisdiction shall be	1910
the same as the exempt employee's original lay-off jurisdiction	1911
for the counties in which the exempt employee indicates	1912
willingness to accept reinstatement.	1913

(C) Each laid-off or displaced employee, in addition to	1914
reinstatement rights within the employee's appointing authority,	1915
shall havehas the right to reemployment with any other agencies	1916
within the layoff jurisdictionstate agency, board, commission, or	1917
independent institution described in division (B)(1) of section	1918
124.326 of the Revised Code, if the employee is qualified to	1919
perform the duties of the positionmeets all applicable	1920
position-specific minimum qualifications developed by the other	1921
agency, board, commission, or independent institution and reviewed	1922
for validity by the department of administrative services or, in	1923
the absence of position-specific minimum qualifications so	1924
developed and reviewed, meets the qualifications described in the	1925
position's description or classification, but only in the same	1926
classification from which the employee was initially laid off or	1927
displaced. Layoff lists for each appointing authority must be	1928
exhausted before jurisdictionalother jurisdiction reemployment	1929
layoff lists are used.	1930

(D) Any employee accepting or declining reinstatement to the	1931
same classification and same appointment type from which the	1932
employee was laid off or displaced shall be removed from the	1933
appointing authority's layoff list.	1934

(E) Any employee accepting or declining reemployment to the	1935
same classification and the same appointment type from which the	1936
employee was laid off or displaced shall be removed from the	1937
jurisdictional layoff list used to determine re-employment under	1938
division (C) of this section.	1939

(F) An employee who does not exercise the option to displace	1940
under section 124.324 of the Revised Code shall only be entitled	1941
to reinstatement or reemployment in the classification from which	1942
the employee was displaced or laid off.	1943

(G) AnExcept as otherwise provided in this division, an	1944
employee who declines reinstatement to a classification lower in	1945
the classification series than the classification from which the	1946
employee was laid off or displaced, shall thereafter is only be	1947
entitled to reinstatement to a classification higher, up to and	1948
including the classification from which the employee was laid off	1949
or displaced, in the classification series than the classification	1950
that was declined. This division does not apply when an employee,	1951
who was a full-time employee at the time of layoff or	1952
displacement, declines reinstatement in a part-time position.	1953

(H) Any employee reinstated or reemployed under this section	1954
shall not serve a probationary period upon reinstatement or	1955
reemployment, except that an employee laid off during an original	1956
or promotional probationary period shall begin a new probationary	1957
period.	1958

(I) For the purposes of this section, employees whose salary	1959
or wage is not paid directly by warrant of the auditor of state	1960
shall be placed on layoff lists of their appointing authority	1961
only.	1962

Sec. 124.34.  (A) The tenure of every officer or employee in	1963
the classified service of the state and the counties, civil	1964
service townships, cities, city health districts, general health	1965
districts, and city school districts of the state, holding a	1966
position under this chapter, shall be during good behavior and	1967
efficient service. No such officer or employee shall be reduced in	1968
pay or position, fined, suspended, or removed, or have the	1969
officer's or employee's longevity reduced or eliminated, except as	1970
provided in section 124.32 of the Revised Code, and for	1971
incompetency, inefficiency, dishonesty, drunkenness, immoral	1972
conduct, insubordination, discourteous treatment of the public,	1973
neglect of duty, violation of any policy or work rule of the	1974
officer's or employee's appointing authority, violation of this	1975
chapter or the rules of the director of administrative services or	1976
the commission, any other failure of good behavior, any other acts	1977
of misfeasance, malfeasance, or nonfeasance in office, or	1978
conviction of a felony. AnThe denial of a one-time pay supplement	1979
or a bonus to an officer or employee is not a reduction in pay for	1980
purposes of this section.	1981

An appointing authority may require an employee who is	1982
suspended to report to work to serve the suspension. An employee	1983
serving a suspension in this manner shall continue to be	1984
compensated at the employee's regular rate of pay for hours	1985
worked. SuchThe disciplinary action shall be recorded in the	1986
employee's personnel file in the same manner as other disciplinary	1987
actions and has the same effect as a suspension without pay for	1988
the purpose of recording disciplinary actions.	1989

A finding by the appropriate ethics commission, based upon a	1990
preponderance of the evidence, that the facts alleged in a	1991
complaint under section 102.06 of the Revised Code constitute a	1992
violation of Chapter 102., section 2921.42, or section 2921.43 of	1993
the Revised Code may constitute grounds for dismissal. Failure to	1994
file a statement or falsely filing a statement required by section	1995
102.02 of the Revised Code may also constitute grounds for	1996
dismissal. The tenure of an employee in the career professional	1997
service of the department of transportation is subject to section	1998
5501.20 of the Revised Code.	1999

Conviction of a felony is a separate basis for reducing in	2000
pay or position, suspending, or removing an officer or employee,	2001
even if the officer or employee has already been reduced in pay or	2002
position, suspended, or removed for the same conduct that is the	2003
basis of the felony. An officer or employee may not appeal to the	2004
state personnel board of review or the commission any disciplinary	2005
action taken by an appointing authority as a result of the	2006
officer's or employee's conviction of a felony. If an officer or	2007
employee removed under this section is reinstated as a result of	2008
an appeal of the removal, any conviction of a felony that occurs	2009
during the pendency of the appeal is a basis for further	2010
disciplinary action under this section upon the officer's or	2011
employee's reinstatement.	2012

A person convicted of a felony immediately forfeits the	2013
person's status as a classified employee in any public employment	2014
on and after the date of the conviction for the felony. If an	2015
officer or employee is removed under this section as a result of	2016
being convicted of a felony or is subsequently convicted of a	2017
felony that involves the same conduct that was the basis for the	2018
removal, the officer or employee is barred from receiving any	2019
compensation after the removal notwithstanding any modification or	2020
disaffirmance of the removal, unless the conviction for the felony	2021
is subsequently reversed or annulled.	2022

Any person removed for conviction of a felony is entitled to	2023
a cash payment for any accrued but unused sick, personal, and	2024
vacation leave as authorized by law. If subsequently reemployed in	2025
the public sector, suchthe person shall qualify for and accrue	2026
these forms of leave in the manner specified by law for a newly	2027
appointed employee and shall not be credited with prior public	2028
service for the purpose of receiving these forms of leave.	2029

As used in this division, "felony" means any of the	2030
following:	2031

(1) A felony that is an offense of violence as defined in	2032
section 2901.01 of the Revised Code;	2033

(2) A felony that is a felony drug abuse offense as defined	2034
in section 2925.01 of the Revised Code;	2035

(3) A felony under the laws of this or any other state or the	2036
United States that is a crime of moral turpitude;	2037

(4) A felony involving dishonesty, fraud, or theft;

2038

(5) A felony that is a violation of section 2921.05, 2921.32,	2039
or 2921.42 of the Revised Code.	2040

(B) In case of a reduction, a suspension of forty or more	2041
work hours in the case of an employee exempt from the payment of	2042
overtime compensation, a suspension of more than three working	2043
daystwenty-four or more work hours in the case of an employee	2044
required to be paid overtime compensation, a fine of forty or more	2045
hours' pay in the case of an employee exempt from the payment of	2046
overtime compensation, a fine in excess of three days'twenty-four	2047
or more hours' pay in the case of an employee required to be paid	2048
overtime compensation, or removal, except for the reduction or	2049
removal of a probationary employee, the appointing authority shall	2050
serve the employee with a copy of the order of reduction, fine,	2051
suspension, or removal, which order shall state the reasons for	2052
the action. The order shall be filed with the director of	2053
administrative services and state personnel board of review, or	2054
the commission, as may be appropriate.	2055

Within ten days following the date on which the order is	2056
served or, in the case of an employee in the career professional	2057
service of the department of transportation, within ten days	2058
following the filing of a removal order, the employee, except as	2059
otherwise provided in this section, may file an appeal of the	2060
order in writing with the state personnel board of review or the	2061
commission. For purposes of this section, the date on which an	2062
order is served is the date of hand delivery of the order or the	2063
date of delivery of the order by certified United States mail,	2064
whichever occurs first. If such an appeal is filed, the board or	2065
commission shall forthwith notify the appointing authority and	2066
shall hear, or appoint a trial board to hear, the appeal within	2067
thirty days from and after its filing with the board or	2068
commission, and it. The board, commission, or trial board may	2069
affirm, disaffirm, or modify the judgment of the appointing	2070
authority. However, in an appeal of a removal order based upon a	2071
violation of a last chance agreement, the board, commission, or	2072
trial board may only determine if the employee violated the	2073
agreement and thus affirm or disaffirm the judgment of the	2074
appointing authority.	2075

In cases of removal or reduction in pay for disciplinary	2076
reasons, either the appointing authority or the officer or	2077
employee may appeal from the decision of the state personnel board	2078
of review or the commission, and any such appeal shall be to the	2079
court of common pleas of the county in which the employee resides	2080
in accordance with the procedureappointing authority is located,	2081
or to the court of common pleas of Franklin county, as provided by	2082
section 119.12 of the Revised Code.	2083

(C) In the case of the suspension for any period of time, or	2084
a fine, demotion, or removal, of a chief of police or, a chief of	2085
a fire department, or any member of the police or fire department	2086
of a city or civil service township, who is in the classified	2087
civil service, the appointing authority shall furnish suchthe	2088
chief or member of a department with a copy of the order of	2089
suspension, fine, demotion, or removal, which order shall state	2090
the reasons for the action. The order shall be filed with the	2091
municipal or civil service township civil service commission.	2092
Within ten days following the filing of the order, suchthe chief	2093
or member of a department may file an appeal, in writing, with the	2094
municipal or civil service township civil service commission. If	2095
such an appeal is filed, the commission shall forthwith notify the	2096
appointing authority and shall hear, or appoint a trial board to	2097
hear, the appeal within thirty days from and after its filing with	2098
the commission, and it may affirm, disaffirm, or modify the	2099
judgment of the appointing authority. An appeal on questions of	2100
law and fact may be had from the decision of the municipal or	2101
civil service township civil service commission to the court of	2102
common pleas in the county in which suchthe city or civil service	2103
township is situated. SuchThe appeal shall be taken within thirty	2104
days from the finding of the commission.	2105

(D) A violation of division (A)(7) of section 2907.03 of the	2106
Revised Code is grounds for termination of employment of a	2107
nonteaching employee under this section.	2108

(E) As used in this section, "last chance agreement" means an	2109
agreement signed by both an appointing authority and an officer or	2110
employee of the appointing authority that describes the type of	2111
behavior or circumstances that, if it occurs, will automatically	2112
lead to removal of the officer or employee without the right of	2113
appeal to the state personnel board of review or the appropriate	2114
commission.	2115

Sec. 124.341.  (A) If a statean employee in the classified	2116
or unclassified civil service becomes aware in the course of his	2117
employment of a violation of state or federal statutes, rules, or	2118
regulations or the misuse of public resources, and the employee's	2119
supervisor or appointing authority has authority to correct the	2120
violation or misuse, the employee may file a written report	2121
identifying the violation or misuse with histhe supervisor or	2122
appointing authority.	2123

If the employee reasonably believes that a violation or	2124
misuse of public resources is a criminal offense, the employee, in	2125
addition to or instead of filing a written report with the	2126
supervisor or appointing authority, may report it to a prosecuting	2127
attorney, director of law, village solicitor, or similar chief	2128
legal officer of a municipal corporation, to a peace officer, as	2129
defined in section 2935.01 of the Revised Code, or, if the	2130
violation or misuse of public resources is within the jurisdiction	2131
of the inspector general, to the inspector general in accordance	2132
with section 121.46 of the Revised Code. In addition to that	2133
report, if the employee reasonably believes the violation or	2134
misuse is also a violation of Chapter 102., section 2921.42, or	2135
section 2921.43 of the Revised Code, the employee may report it to	2136
the appropriate ethics commission.	2137

(B) Except as otherwise provided in division (C) of this	2138
section, no state officer or state employee in the classified or	2139
unclassified civil service shall take any disciplinary action	2140
against a statean employee in the classified or unclassified	2141
civil service for making any report authorized by division (A) of	2142
this section, including, without limitation, doing any of the	2143
following:	2144

(1) Removing or suspending the employee from employment;

2145

(2) Withholding from the employee salary increases or	2146
employee benefits to which the employee is otherwise entitled;	2147

(3) Transferring or reassigning the employee;

2148

(4) Denying the employee promotion that otherwise would have	2149
been received;	2150

(5) Reducing the employee in pay or position.

2151

(C) A stateAn employee in the classified or unclassified	2152
civil service shall make a reasonable effort to determine the	2153
accuracy of any information reported under division (A) of this	2154
section. The employee is subject to disciplinary action, including	2155
suspension or removal, as determined by the employee's appointing	2156
authority, for purposely, knowingly, or recklessly reporting false	2157
information under division (A) of this section.	2158

(D) If an appointing authority takes any disciplinary or	2159
retaliatory action against a classified or unclassified employee	2160
as a result of the employee's having filed a report under division	2161
(A) of this section, the employee's sole and exclusive remedy,	2162
notwithstanding any other provision of law, is to file an appeal	2163
with the state personnel board of review within thirty days after	2164
receiving actual notice of the appointing authority's action. If	2165
the employee files such an appeal, the board shall immediately	2166
notify the employee's appointing authority and shall hear the	2167
appeal. The board may affirm or disaffirm the action of the	2168
appointing authority or may issue any other order as is	2169
appropriate. The order of the board is appealable in accordance	2170
with the provisions of Chapter 119. of the Revised Code.	2171

(E) As used in this section:

2172

(1) "Purposely," "knowingly," and "recklessly" have the same	2173
meanings as in section 2901.22 of the Revised Code;.	2174

(2) "Appropriate ethics commission" has the same meaning as	2175
in section 102.01 of the Revised Code.	2176

(3) "Inspector general" means the inspector general appointed	2177
under section 121.48 of the Revised Code.	2178

Sec. 124.38.  Each of the following shall be entitled for	2179
each completed eighty hours of service to sick leave of four and	2180
six-tenths hours with pay:	2181

(A) Employees in the various offices of the county,	2182
municipal, and civil service township service, other than	2183
superintendents and management employees, as defined in section	2184
5126.20 of the Revised Code, of county boards of mental	2185
retardation and developmental disabilities;	2186

(B) Employees of any state college or university;

2187

(C) Employees of any board of education for whom sick leave	2188
is not provided by section 3319.141 of the Revised Code.	2189

Employees may use sick leave, upon approval of the	2190
responsible administrative officer of the employing unit, for	2191
absence due to personal illness, pregnancy, injury, exposure to	2192
contagious disease that could be communicated to other employees,	2193
and illness, injury, or death in the employee's immediate family.	2194
Unused sick leave shall be cumulative without limit. When sick	2195
leave is used, it shall be deducted from the employee's credit on	2196
the basis of one hour for every one hour of absence from	2197
previously scheduled work.	2198

The previously accumulated sick leave of an employee who has	2199
been separated from the public service shall be placed to the	2200
employee's credit upon the employee's re-employment in the public	2201
service, provided that suchthe re-employment takes place within	2202
ten years of the date on which the employee was last terminated	2203
from public service. This ten-year period shall be tolled for any	2204
period during which the employee holds elective public office,	2205
whether by election or by appointment.	2206

An employee who transfers from one public agency to another	2207
shall be credited with the unused balance of the employee's	2208
accumulated sick leave up to the maximum of the sick leave	2209
accumulation permitted in the public agency to which the employee	2210
transfers.	2211

The appointing authorities of the various offices of the	2212
county service may permit all or any part of a person's accrued	2213
but unused sick leave acquired during service with any regional	2214
council of government established in accordance with Chapter 167.	2215
of the Revised Code to be credited to the employee upon a transfer	2216
as if the employee were transferring from one public agency to	2217
another under this section.	2218

The appointing authority of each employing unit shall require	2219
an employee to furnish a satisfactory written, signed statement to	2220
justify the use of sick leave. If medical attention is required, a	2221
certificate stating the nature of the illness from a licensed	2222
physician shall be required to justify the use of sick leave.	2223
Falsification of either a written, signed statement or a	2224
physician's certificate shall be grounds for disciplinary action,	2225
including dismissal.	2226

This section does not interfere with existing unused sick	2227
leave credit in any agency of government where attendance records	2228
are maintained and credit has been given employees for unused sick	2229
leave.	2230

Notwithstanding this section or any other section of the	2231
Revised Code, any appointing authority of a county office,	2232
department, commission, board, or body may, upon notification to	2233
the board of county commissioners, establish alternative schedules	2234
of sick leave for employees of the appointing authority for whom	2235
the state employment relations board has not established an	2236
appropriate bargaining unit pursuant to section 4117.06 of the	2237
Revised Code, provided thatas long as the alternative schedules	2238
are not inconsistent with the provisions of aat least one	2239
collective bargaining agreement covering other employees of that	2240
appointing authority, if such a collective bargaining agreement	2241
exists. If no such collective bargaining agreement exists, an	2242
appointing authority may, upon notification to the board of county	2243
commissioners, establish an alternative schedule of sick leave for	2244
its employees that does not diminish the sick leave benefits	2245
granted by this section.	2246

Sec. 124.383.  (A) The director of administrative services	2247
shall allow a full-time or part-time employee who is credited with	2248
sick leave pursuant to division (B) of section 124.382 of the	2249
Revised Code to elect one of the following options with respect to	2250
sick leave credit remaining at the end of the year:	2251

(1) Carry forward the balance;

2252

(2) Receive a cash benefit as established by the director of	2253
administrative services. An employee serving in a temporary work	2254
level or holding an interim appointment who elects to convert	2255
unused sick leave credit to cash shall do so at the base rate of	2256
pay of the employee's normal classification.	2257

(3) Carry forward a portion of the balance and receive a cash	2258
benefit for the remainder. The cash benefit shall be calculated in	2259
the manner specified in division (A)(2) of this section.	2260

(B) The director of administrative services shall establish	2261
procedures to allow employees to indicate the option that will be	2262
selected. Included within the procedures shall be the final date	2263
by which notification is to be made to the director concerning the	2264
option selected. Failure to comply with the date will result in	2265
the automatic carry forward of unused balances.	2266

(C) Cash benefits shall be paid in the first pay the employee	2267
receives in December.	2268

(D) Balances carried forward are excluded from further cash	2269
benefits provided under this section.	2270

(E) An employee who separates during the year shall not be	2271
eligible for cash benefits provided under this section.	2272

Sec. 124.384.  (A) Except as otherwise provided in this	2273
section, employees whose salaries or wages are paid by warrant of	2274
the auditor of state and who have accumulated sick leave under	2275
section 124.38 or 124.382 of the Revised Code shall be paid for a	2276
percentage of their accumulated balances, upon separation for any	2277
reason, including death but excluding retirement, at their last	2278
base rate of pay at the rate of one hour of pay for every two	2279
hours of accumulated balances. An employee who retires in	2280
accordance with any retirement plan offered by the state shall be	2281
paid upon retirement for each hour of the employee's accumulated	2282
sick leave balance at a rate of fifty-five per cent of the	2283
employee's last base rate of pay.	2284

An employee serving in a temporary work level or an interim	2285
appointment who elects to convert unused sick leave to cash shall	2286
do so at the base rate of pay of the employee's normal	2287
classification. If an employee dies, the employee's unused sick	2288
leave shall be paid in accordance with section 2113.04 of the	2289
Revised Code or to the employee's estate.	2290

In order to be eligible for the payment authorized by this	2291
section, an employee shall have at least one year of state service	2292
and shall request all or a portion of suchthat payment no later	2293
than three years after separation from state service. No person is	2294
eligible to receive all or a portion of the payment authorized by	2295
this section at any time later than three years after the person's	2296
separation from state service.	2297

(B) Except as otherwise provided in this division, a person	2298
initially employed on or after July 5, 1987, by a state agency in	2299
which the employees' salaries or wages are paid directly by	2300
warrant of the auditor of state shall receive payment under this	2301
section only for sick leave accumulated while employed by state	2302
agencies in which the employees' salaries or wages are paid	2303
directly by warrant of the auditor of state. A person initially	2304
employed on or after July 5, 1987, by the state department of	2305
education as an unclassified employee shall receive payment under	2306
this section only for sick leave accumulated while employed by	2307
state agencies in which the employees' salaries or wages are paid	2308
directly by warrant of the auditor of state and for sick leave	2309
placed to the employee's credit under division (E)(2) of section	2310
124.382 of the Revised Code.	2311

(C) For employees paid in accordance with section 124.152 of	2312
the Revised Code and those employees listed in divisions (B)(2)	2313
and (4) of section 124.14 of the Revised Code, the director of	2314
administrative services, with the approval of the director of the	2315
office of budget and management, may establish a plan for early	2316
payment of accrued sick leave and vacation leave.	2317

Sec. 124.385.  (A) An employee is eligible for disability	2318
leave benefits under this section if the employee has completed	2319
one year of continuous state service immediately prior to the date	2320
of the disability and if any of the following applies:	2321

(1) The employee is a full-time permanent employee and is	2322
eligible for sick leave credit pursuant to division (B) of section	2323
124.382 of the Revised Code.	2324

(2) The employee is a part-time permanent employee who has	2325
worked at least fifteen hundred hours within the twelve-month	2326
period immediately preceding the date of disability and is	2327
eligible for sick leave credit under division (B) of section	2328
124.382 of the Revised Code.	2329

(3) The employee is a full-time permanent or part-time	2330
permanent employee, is on disability leave or leave of absence for	2331
medical reasons, and would be eligible for sick leave credit	2332
pursuant to division (B) of section 124.382 of the Revised Code	2333
except that the employee is in no pay status due to the employee's	2334
medical condition.	2335

(B) The director of administrative services, by rule adopted	2336
in accordance with Chapter 119. of the Revised Code, shall	2337
establish a disability leave program. The rule shall include, but	2338
shall not be limited to, the following:	2339

(1) Procedures to be followed for determining disability;

2340

(2) Provisions for the allowance of disability leave due to	2341
illness or injury;	2342

(3) Provisions for the continuation of service credit for	2343
employees granted disability leave, including service credit	2344
towards retirement, as provided by the applicable statute;	2345

(4) The establishment of a minimum level of benefit and of a	2346
waiting period before benefits begin;	2347

(5) Provisions setting a maximum length of benefit and	2348
requiring that employees eligible to apply for disability	2349
retirement shall do so prior to completing the first six months of	2350
their period of disability. The director's rules shall indicate	2351
those employees required to apply for disability retirement. If an	2352
employee is approved to receive disability retirement, the	2353
employee shall receive the retirement benefit and a supplement	2354
payment that equals a percentage of the employee's base rate of	2355
pay and that, when added to the retirement benefit, equals no more	2356
than the percentage of pay received by employees after the first	2357
six months of disability. SuchThis supplemental payment shall not	2358
be considered earnable salary, compensation, or salary, and is not	2359
subject to contributions, under Chapter 145., 742., 3307., 3309.,	2360
or 5505. of the Revised Code.	2361

(6) Provisions that allow employees to utilize available sick	2362
leave, personal leave, or vacation leave balances to supplement	2363
the benefits payable under this section. SuchThe balances used to	2364
supplement the benefits, plus any amount contributed by the state	2365
as provided in division (D) of this section, shall be paid at the	2366
employee's base rate of pay in an amount sufficient to give	2367
employees up to one hundred per cent of pay for time on	2368
disability.	2369

(7) Procedures for appealing denial of payment of a claim,	2370
including the following:	2371

(a) A maximum of thirty days to file an appeal by the	2372
employee;	2373

(b) A maximum of fifteen days for the parties to select a	2374
third-party opinion pursuant to division (F) of this section,	2375
unless an extension is agreed to by the parties;	2376

(c) A maximum of thirty days for the third party to render an	2377
opinion.	2378

(8) Provisions for approving leave of absence for medical	2379
reasons where an employee is in no pay status because the employee	2380
has used all the employee's sick leave, personal leave, vacation	2381
leave, and compensatory time;	2382

(9) Provisions for precluding the payment of benefits if the	2383
injury for which the benefits are sought is covered by a workers'	2384
compensation plan;	2385

(10) Provisions for precluding the payment of benefits in	2386
order to ensure that benefits are provided in a consistent manner.	2387

(C) Except as provided in division (B)(6) of this section,	2388
time off for an employee granted disability leave is not	2389
chargeable to any other leave granted by other sections of the	2390
Revised Code.	2391

(D) While an employee is on an approved disability leave, the	2392
employer's and employee's share of health, life, and other	2393
insurance benefits shall be paid by the state, and the retirement	2394
contribution shall be paid as follows:	2395

(1) The employer's share shall be paid by the state.

2396

(2) For the first three months, the employee's share shall be	2397
paid by the employee.	2398

(3) After the first three months, the employee's share shall	2399
be paid by the state.	2400

(E) The approval for disability leave shall be made by the	2401
director, upon recommendation by the appointing authority. The	2402
director may delegate to any appointing authority the authority to	2403
approve disability benefits for a standard recovery period.	2404

(F) If a request for disability leave is denied based on a	2405
medical determination, the director shall obtain a medical opinion	2406
from a third party. The decision of the third party is binding.	2407

(G) The rule adopted by the director under division (B) of	2408
this section shall not deny disability leave benefits for an	2409
illness or injury to an employee who is a veteran of the United	2410
States armed forces because the employee contracted the illness or	2411
received the injury in the course of or as a result of military	2412
service and the illness or injury is or may be covered by a	2413
compensation plan administered by the United States department of	2414
veterans affairs.	2415

Sec. 124.386.  (A) Each full-time permanent employee paid in	2416
accordance with section 124.152 of the Revised Code and those	2417
full-time permanent employees listed in divisions (B)(2) and (4)	2418
of section 124.14 of the Revised Code shall be credited with	2419
thirty-two hours of personal leave each year. Each part-time	2420
permanent employee paid in accordance with section 124.152 of the	2421
Revised Code, and those part-time permanent employees listed in	2422
divisions (B)(2) and (4) of section 124.14 of the Revised Code,	2423
shall receive a pro-rated personal leave credit as determined by	2424
rule of the director of administrative services. Such credit shall	2425
be made to each eligible employee in the first pay the employee	2426
receives in December. Employees, upon giving reasonable notice to	2427
the responsible administrative officer of the appointing	2428
authority, may use personal leave for absence due to mandatory	2429
court appearances, legal or business matters, family emergencies,	2430
unusual family obligations, medical appointments, weddings,	2431
religious holidays not listed in section 124.19 of the Revised	2432
Code, or any other matter of a personal nature. Personal leave may	2433
not be used on a holiday when an employee is scheduled to work.	2434

(B) When personal leave is used, it shall be deducted from	2435
the unused balance of the employee's personal leave on the basis	2436
of absence in such increments of an hour as the director of	2437
administrative services determines. Compensation for suchpersonal	2438
leave shall be equal to the employee's base rate of pay.	2439

(C) A newly appointed full-time permanent employee or a	2440
nonfull-time employee who receives a full-time permanent	2441
appointment shall be credited with personal leave of thirty-two	2442
hours, less one and two-tenths hours for each pay period that has	2443
elapsed following the base pay period until the first day of the	2444
pay period during which the appointment was effective.	2445

(D) The director of administrative services shall allow	2446
employees to elect one of the following options with respect to	2447
the unused balance of personal leave:	2448

(1) Carry forward the balance. The maximum credit that shall	2449
be available to an employee at any one time is forty hours.	2450

(2) Convert the balance to accumulated sick leave, to be used	2451
in the manner provided by section 124.382 of the Revised Code;	2452

(3) Receive a cash benefit. The cash benefit shall equal one	2453
hour of the employee's base rate of pay for every hour of unused	2454
credit that is converted. An employee serving in a temporary work	2455
level or an interim appointment who elects to convert unused	2456
personal leave to cash shall do so at the base rate of pay of the	2457
employee's normal classification. Such cash benefit shall not be	2458
subject to contributions to any of the retirement systems, either	2459
by the employee or the employer.	2460

(E) A full-time permanent employee who separates from state	2461
service or becomes ineligible to be credited with leave under this	2462
section shall receive a reduction of personal leave credit of one	2463
and two-tenths hours for each pay period that remains beginning	2464
with the first pay period following the date of separation or the	2465
effective date of the employee's ineligibility until the pay	2466
period preceding the next base pay period. After calculation of	2467
the reduction of an employee's personal leave credit, the employee	2468
is entitled to compensation for any remaining personal leave	2469
credit at the employee's current base rate of pay. If the	2470
reduction results in a number of hours less than zero, the cash	2471
equivalent value of such number of hours shall be deducted from	2472
any compensation that remains payable to the employee, or from the	2473
cash conversion value of any vacation or sick leave that remains	2474
credited to the employee. An employee serving in a temporary work	2475
level or an interim appointment who is eligible to receive	2476
compensation under this section shall be compensated at the base	2477
rate of pay of the employee's normal classification.	2478

(F) An employee who transfers from one public agency to	2479
another public agency in which the employee is eligible for the	2480
credit provided under this section shall be credited with the	2481
unused balance of personal leave.	2482

(G) The director of administrative services shall establish	2483
procedures to uniformly administer this section. No personal leave	2484
may be granted to a state employee upon or after retirement or	2485
termination of employment.	2486

Sec. 124.388. (A) An appointing authority may, in its	2487
discretion, place an employee on administrative leave with pay.	2488
SuchAdministrative leave with pay is to be used only in	2489
circumstances where the health or safety of an employee or of any	2490
person or property entrusted to the employee's care could be	2491
adversely affected. Compensation for administrative leave with pay	2492
shall be equal to the employee's base rate of pay. The length of	2493
suchadministrative leave with pay is solely at the discretion of	2494
the appointing authority, except that the length of the leavebut	2495
shall not exceed the length of the situation for which the leave	2496
was granted. An appointing authority may also grant administrative	2497
leave with pay of two days or less for employees who are moved in	2498
accordance with section 124.33 of the Revised Code.	2499

(B) An appointing authority may, in its discretion, place an	2500
employee on administrative leave without pay for a period not to	2501
exceed two months, if the employee has been charged with a	2502
violation of law that is punishable as a felony. If the employee	2503
subsequently does not plead guilty to or is not found guilty of a	2504
felony with which the employee is charged or any other felony, the	2505
appointing authority shall pay the employee at the employee's base	2506
rate of pay, plus interest, for the period the employee was on the	2507
unpaid administrative leave.	2508

Sec. 124.40.  (A) The mayor or other chief appointing	2509
authority of each city in the state shall appoint three persons,	2510
one for a term of two years, one for a term of four years, and one	2511
for a term of six years, who shall constitute the municipal civil	2512
service commission of suchthat city and of the city school	2513
district and city health district in which suchthat city is	2514
located. Each alternate year thereafter the mayor or other chief	2515
appointing authority shall appoint one person, as successor of the	2516
member whose term expires, to serve six years. A vacancy shall be	2517
filled by the mayor or other chief appointing authority of a city	2518
for the unexpired term. At the time of any appointment, not more	2519
than two commissioners shall be adherents of the same political	2520
party. Such	2521

The municipal civil service commission shall prescribe,	2522
amend, and enforce rules not inconsistent with this chapter for	2523
the classification of positions in the civil service of suchthe	2524
city and city school district, and all the positions in the city	2525
health district; for examinations for and resignations therefor	2526
from those positions; for appointments, promotions, removals,	2527
transfers, layoffs, suspensions, reductions, and reinstatements	2528
thereinwith respect to those positions; and for standardizing	2529
those positions and maintaining efficiency thereinin them. The	2530
commission's rules shall authorize each appointing authority of a	2531
city, city school district, or city health district to develop and	2532
administer in a manner it devises an evaluation system for the	2533
employees it appoints. The municipal civil service commission	2534
shall exercise all other powers and perform all other duties with	2535
respect to the civil service of suchthe city, city school	2536
district, and city health district, as prescribed in this chapter	2537
and conferred upon the director of administrative services and the	2538
state personnel board of review with respect to the civil service	2539
of the state; and all authority granted to the director and the	2540
board with respect to the service under their jurisdiction shall,	2541
except as otherwise provided by this chapter, be held to grant the	2542
same authoritybe granted to the municipal civil service	2543
commission with respect to the service under its jurisdiction. The	2544
procedure applicable to reductions, suspensions, and removals, as	2545
provided for in section 124.34 of the Revised Code, shall govern	2546
the civil service of cities. The	2547

The expense and salaries of a municipal civil service	2548
commission shall be determined by the legislative authority of the	2549
city and a sufficient sum of money shall be appropriated each year	2550
to carry out this chapter in the city.	2551

All persons who are employed by a city school district, city	2552
health district, or city health department when a municipal civil	2553
service commission having jurisdiction over them is appointed, or	2554
when they become subject to civil service by extension of civil	2555
service to include new classifications of employees, shall	2556
continue to hold their positions until removed in accordance with	2557
the civil service laws.	2558

If the appointing authority of any such city fails to appoint	2559
a civil service commission or commissioner, as provided by law,	2560
within sixty days after hethe appointing authority has the power	2561
to so appoint, or after a vacancy exists, the state personnel	2562
board of review shall make the appointment, and suchthe appointee	2563
shall hold office until the expiration of the term of the	2564
appointing authority of suchthe city. If any such municipal civil	2565
service commission fails to prepare and submit such rules andor	2566
regulations in pursuance ofaccordance with this chapter, the	2567
board shall forthwith make suchthose rules or regulations. This	2568
chapter of the Revised Code, shall in all other respects, except	2569
as provided in this section, be in full force in such cities with	2570
a civil service commission.	2571

Each municipal civil service commission shall make reports	2572
from time to time, as the board requires, of the manner in which	2573
the law and the rules and regulations thereunderunder it have	2574
been and are being administered, and the results of their	2575
administration, in suchthe city, city school district, and city	2576
health district. A copy of the annual report of each such	2577
municipal civil service commission shall be filed in the office of	2578
the board as a public record.	2579

Whenever the board has reason to believe that a municipal	2580
civil service commission is violating or is failing to perform the	2581
duties imposed upon it by law, or that any member of sucha	2582
municipal civil service commission is willfully or through	2583
culpable negligence violating the law or failing to perform his	2584
official duties as a member of the commission, it shall institute	2585
an investigation, and if, in the judgment of the board, it finds	2586
any such violation or failure to perform the duties imposed by	2587
law, it shall make a report of suchthe violation or failure in	2588
writing to the chief executive authority of suchthe city, which	2589
report shall be a public record.	2590

Upon the receipt of thea report from the board, charging a	2591
the municipal civil service commissionercommission with violating	2592
or failing to perform the duties imposed upon it by law, or	2593
charging any member of the commission with willfully or through	2594
culpable negligence violating the law by failureor failing to	2595
perform hisofficial duties as a member of the municipal civil	2596
service commission, along with the evidence on which the report is	2597
based, the chief executive officerauthority of the city shall	2598
forthwith remove the municipal civil service commissioner or	2599
commissioners. In all cases of removal of a municipal civil	2600
service commissioner by the chief executive authority of any such	2601
city, an appeal may be had to the court of common pleas, in the	2602
county in which the city is situated, to determine the sufficiency	2603
of the cause of removal. The appeal shall be taken within ten days	2604
from the decision of the chief executive authority of the city.	2605
ShouldIf the court disaffirmdisaffirms the judgment of the chief	2606
executive authority, the commissioner shall be reinstated to his	2607
the commissioner's former position inon the municipal civil	2608
service commission. The	2609

The chief executive authority of sucha city with a municipal	2610
civil service commission may remove at any time remove any	2611
municipal civil service commissioner for inefficiency, neglect of	2612
duty, or malfeasance in office, having first given to the	2613
commissioner a copy of the charges against him and an opportunity	2614
to be publicly heard in person or by counsel in his own defense.	2615

The mayor has the exclusive right to suspend the chief of the	2616
police department or the chief of the fire department for	2617
incompetence, gross neglect of duty, gross immorality, habitual	2618
drunkenness, failure to obey orders given him by the proper	2619
authority, or for any other reasonable and just cause. If either	2620
the chief of police or the chief of the fire department is so	2621
suspended, the mayor forthwith shall certify suchthat fact,	2622
together with the cause of the suspension, to the municipal civil	2623
service commission, which within. Within five days from the date	2624
of receipt of the notice, the commission shall proceed to hear	2625
suchthe charges and render judgment thereon, whichon them. The	2626
judgment may affirm, disaffirm, or modify the judgment of the	2627
appointing officermayor, and an appeal may be had from the	2628
decision of the commission to the court of common pleas as	2629
provided in section 124.34 of the Revised Code to determine the	2630
sufficiency of the cause of removal.	2631

(B) The board of trustees of a township withthat has a	2632
population of ten thousand or more persons residing within the	2633
township and outside any municipal corporation and whichthat has	2634
a police or fire department of ten or more full-time paid	2635
employees may appoint three persons who shallto constitute the	2636
township civil service commission. Of the initial appointments	2637
made to the commission, one shall be for a term ending two years	2638
after the date of initial appointment, one shall be for a term	2639
ending four years after that date, and one shall be for a term	2640
ending six years after that date. Thereafter, terms of office	2641
shall be for six years, each term ending on the same day of the	2642
same month as did the term which it succeeds. Each member shall	2643
hold office from the date of his appointment until the end of the	2644
term for which hethe member was appointed. Any member appointed	2645
to fill a vacancy occurring prior to the expiration of the term	2646
for which histhe member's predecessor was appointed shall hold	2647
office for the remainder of suchthat term. Any member shall	2648
continue in office subsequent to the expiration date of histhe	2649
member's term until hisa successor takes office, or until a	2650
period of sixty days has elapsed, whichever occurs first. At the	2651
time of any appointment, not more than two commissioners shall be	2652
adherents of the same political party.	2653

The board of township trustees shall determine the	2654
compensation and expenses to be paid to the members of the	2655
township civil service commission. The powers and duties conferred	2656
on municipal civil service commissions and the supervisory	2657
authority of the state personnel board of review under division	2658
(A) of this section shall be applicable to the civil service	2659
commission of a civil service township. The	2660

The board of township trustees has the exclusive right to	2661
suspend the chief of the police or fire department of the township	2662
in the same manner as provided in division (A) of this section for	2663
municipal chiefs.	2664

The jurisdiction of the civil service township civil service	2665
commission is limited to employees of the township fire or police	2666
department and then only if the department has ten or more	2667
full-time paid employees, and it does not extend to any other	2668
township employees.	2669

Sec. 124.43. (A) Separate examinations shall be given and	2670
separate eligibility lists maintained by municipal and civil	2671
service township civil service commissions for original	2672
appointments to and promotions in the fire and police departments	2673
in the cities and civil service townships. No person may be	2674
transferred from one list to the other. Appointments and	2675
promotions in the departments shall be only from the separate	2676
eligible lists maintained for each of the departments. Transfers	2677
of personnel from one department to the other are hereby	2678
prohibited.	2679

(B) Eligible lists maintained under division (A) of this	2680
section for original appointments to fire and police departments	2681
in cities and civil service townships shall consist of all	2682
applicants who have passed the examination and shall be ranked by	2683
examination grade. The appointing authority may appoint any	2684
applicant on the applicable eligible list who the appointing	2685
authority determines to be qualified for a position.	2686

Sec. 124.44. (A) The legislative authority of a city, by	2687
ordinance or resolution, may provide procedures for the	2688
appointment of the chief of the police department that differ from	2689
the procedures provided by this chapter. Division (B) of this	2690
section does not apply to the appointment of the chief of a police	2691
department if the legislative authority of the city has adopted an	2692
ordinance or resolution that provides different appointment	2693
procedures.	2694

(B) No positions above the rank of patrolmanpatrol officer	2695
in the police department shall be filled by original appointment.	2696
Vacancies in positions above the rank of patrolmanpatrol officer	2697
in a police department shall be filled by promotion from among	2698
persons holding positions in a rank lower than the position to be	2699
filled. No position above the rank of patrolmanpatrol officer in	2700
a police department shall be filled by any person unless hethe	2701
person has first passed a competitive promotional examination.	2702
Promotion shall be by successive ranks so farinsofar as	2703
practicable, and no person in a police department shall be	2704
promoted to a position in a higher rank who has not served at	2705
least twelve months in the next lower rank. NoA municipal civil	2706
service commission may require a period of service of longer than	2707
twelve months for promotion to the rank immediately above the rank	2708
of patrol officer.	2709

No competitive promotional examination shall be held unless	2710
there are at least two persons eligible to compete. Whenever a	2711
municipal or civil service township civil service commission	2712
determines that there are less than two persons holding positions	2713
in the rank next lower than the position to be filled, who are	2714
eligible and willing to compete, suchthe commission shall allow	2715
the persons holding positions in the then next lower rank who are	2716
eligible, to compete with the persons holding positions in the	2717
rank lower than the position to be filled. An	2718

An increase in the salary or other compensation of anyone	2719
holding a position in a police department, beyond that fixed for	2720
the rank in which suchthat position is classified, shall be	2721
deemed a promotion, except as provided in section 124.491 of the	2722
Revised Code. Whenever	2723

If a vacancy occurs in thea position above the rank of	2724
patrolmanpatrol officer in a police department, and there is no	2725
eligible list for such rank, the municipal or civil service	2726
township civil service commission shall, within sixty days of such	2727
that vacancy, hold a competitive promotional examination. After	2728
suchthe examination has been held and an eligible list	2729
established, the commission shall forthwith certify to the	2730
appointing officer the namenames of the personthree persons on	2731
the list receiving the highest rating. Upon suchthe	2732
certification, the appointing officer shall appoint one of the	2733
personpersons so certified within thirty days from the date of	2734
suchthe certification. If there is a list, the commission shall,	2735
wherewhen there is a vacancy, immediately certify the namenames	2736
of the personthree persons on the list having the highest rating,	2737
and the appointing authority shall appoint such personone of the	2738
persons within thirty days from the date of suchthe	2739
certification.	2740

No credit for seniority, efficiency, or any other reason	2741
shall be added to an applicant's examination grade unless the	2742
applicant achieves at least the minimum passing grade on the	2743
examination without counting suchthat extra credit.	2744

Sec. 124.45. (A) The legislative authority of a city, by	2745
ordinance or resolution, may provide procedures for the	2746
appointment of the chief of the fire department that differ from	2747
the procedures provided by this chapter. Division (B) of this	2748
section does not apply to the appointment of the chief of a fire	2749
department if the legislative authority of the city has adopted an	2750
ordinance or resolution that provides different appointment	2751
procedures.	2752

(B) Vacancies in positions above the rank of regular fireman	2753
fire fighter in a fire department shall be filled by competitive	2754
promotional examinations, and promotions shall be by successive	2755
ranks as provided in this section and sections 124.46 to 124.49 of	2756
the Revised Code. Positions in which suchthose vacancies occur	2757
shall be called promoted ranks.	2758

When a vacancy occurs in the promoted rank immediately above	2759
the rank of regular firemanfire fighter, no person shall be	2760
eligible to take the examination unless hethe person has served	2761
twenty-fourforty-eight months, not including the person's	2762
probationary period, in the rank of regular firemenfire fighter,	2763
provided that, in those cases wherewhen there are less than two	2764
persons in the rank of regular firemenfire fighter who have	2765
served twenty-fourforty-eight months therein, not including the	2766
person's probationary period, in that rank and who are willing to	2767
take the examination, the twenty-four monththis service	2768
requirement does not apply.	2769

When a vacancy occurs in a promoted rank, other than the	2770
promoted rank immediately above the rank of regular firemanfire	2771
fighter, no person shall be eligible to take the examination	2772
unless hethe person has served twelve months in the rank from	2773
which the promotion is to be made, provided that, in those cases	2774
wherewhen there are less than two persons in suchthat next lower	2775
rank who have served twelve months thereinin that rank and who	2776
are willing to take the examination, the twelve months	2777
twelve-month service requirement shall not apply. If the	2778
nonapplication of the twelve-month service requirement to persons	2779
in the next lower rank does not produce two persons eligible and	2780
willing to compete, then the same method shall be followed by	2781
going to successively lower ranks until two or more persons are	2782
eligible and willing to compete in an examination for the vacancy.	2783
In the eventIf this process of searching successively lower ranks	2784
reaches the rank of regular firemanfire fighter, the twenty-four	2785
forty-eight-month service requirement applies, provided that, in	2786
those cases where suchwhen that application still fails to	2787
produce two persons who are eligible and willing to compete, said	2788
twenty-fourthe forty-eight-month service requirement does not	2789
apply. In the eventIf two persons are unwilling to compete for	2790
suchthe examination, then the one person who is willing to	2791
compete shall be appointed to fill the vacancy after passing a	2792
qualifying examination.	2793

Promotional examinations for positions within a fire	2794
department shall relate to those matters whichthat test the	2795
ability of the person examined to discharge the particular duties	2796
of the position sought, and shall be in writing, provided, in	2797
examinations for positions requiring the operation of machines or	2798
equipment, practical demonstration tests of the operation of such	2799
those machines or equipment may be a part of the examination.	2800

Those persons who compete in a promotional examination in	2801
accordance with the rules of the civil service commission shall	2802
have added to their grade credit for seniority. Credit for	2803
seniority shall be given as follows: one point shall be added for	2804
each of the first four years of service, and six-tenths of a point	2805
shall be added for each year for the next ten years of service. In	2806
computing the credit for seniority, half of the credit above set	2807
outspecified in this paragraph shall be given for a half year of	2808
service. Credit for seniority shall be based only on service in	2809
the municipal or civil service township fire department and the	2810
service provided for in the next succeeding paragraph.	2811

When service in a municipal or civil service township fire	2812
department is interrupted by service in the armed forces of the	2813
United States, seniority credit shall be granted in promotional	2814
examinations for the time so served. No additional credit for	2815
military service shall be allowed in promotional examinations.	2816

Credit for efficiency may be given as an added credit and,	2817
shall be ten per cent of the member's efficiency rating for the	2818
last year, and shall be based on the record of efficiency	2819
maintained in the fire department in the manner established by the	2820
civil service commission, provided the efficiency shall be graded	2821
by three ranking officers of the fire department familiar with the	2822
work of the member. In those cases wherewhen three such officers	2823
do not exist, the ranking officers or officer familiar with the	2824
work of the member shall grade the efficiency.	2825

No credit for seniority, efficiency, or any other reason	2826
shall be added to an applicant's grade unless the applicant	2827
achieves at least the minimum passing grade on the examination	2828
without counting suchthat extra credit.	2829

After a promotional examination has been held and prior to	2830
the grading of such examination papers, each participant in said	2831
promotional examination shall have a period of five days,	2832
exclusive of Saturdays, Sundays, and holidays, to inspect the	2833
questions, the rating keys or answers to the examination and to	2834
file any protest he may deem advisable. These protests shall be in	2835
writing and shall remain anonymous to the commission. All protests	2836
with respect to rating keys or answers shall be determined by the	2837
commission within a period of not more than five days, exclusive	2838
of Saturdays, Sundays, and holidays, and its decision shall be	2839
final. If the commission finds an error in the rating key or	2840
answer, it shall publish a revised rating key within five days of	2841
its finding of such error or errors. The revised rating key or	2842
answer shall then be available to participants for a period of	2843
five days, exclusive of Saturdays, Sundays, and holidays,	2844
subsequent to such determination of error or errors.	2845

After the grading of such examination papers, any participant	2846
in the examination who deems hisconsiders the participant's	2847
examination papers to have been erroneously graded, shall have the	2848
right to appeal to the commission, and saidthe appeal or appeals	2849
shall be heard by the commission.	2850

The public notice of a holding of a promotional examination	2851
for a position or positions in a fire department shall, unless	2852
waived by all persons eligible to participate, be published not	2853
less than thirty days prior to the examination and shall contain a	2854
description of the source material from which the examination	2855
questions are prepared. SuchThe source material shall be readily	2856
accessible to the examinee. Failure to comply with this	2857
requirement shall make void the pursuant examination. This	2858
paragraph does not prohibit the use of questions having answers	2859
based on experience in the fire service within the fire department	2860
in which the promotional examination is being given.	2861

Sec. 124.46.  The names of the examinees who have passed the	2862
examination shall be placed on the eligible list in accordance	2863
with their grades; the one. The examinee receiving the highest	2864
grade shall be placed first on the list. In the eventIf two or	2865
more examinees receive the same grade, seniority in the fire	2866
department service shall determine the order of their names. The	2867
person having the highest position on the list shall be appointed	2868
in the case of a vacancy. Eligible lists established as provided	2869
in this section shall continue for two years. In the eventIf a	2870
vacancy occurs prior to the expiration of the two-year period, the	2871
list shall continue for the purpose of filling suchthe vacancy	2872
until the vacancy has been filled.	2873

WhereIf an eligible list exists and a vacancy occurs which	2874
that may be filled from such eligiblethat list, the vacancy shall	2875
be filled within a period of not more than ten days from the date	2876
of suchthe vacancy.	2877

Sec. 124.48.  Whenever a vacancy occurs in a promoted rank in	2878
a fire department and no eligible list for suchthat rank exists,	2879
the appointing authority shall certify the fact to the civil	2880
service commission, and the. The civil service commission shall,	2881
within sixty days of suchthe vacancy, shall conduct a competitive	2882
promotional examination. After suchthe examination has been held,	2883
an eligible list shall be established within twenty days of the	2884
final date, of the revised rating key or answer inspection date,	2885
and the civil service commission shall certify to the appointing	2886
authority the namenames of the personthree persons on the list	2887
receiving the highest gradegrades. Upon suchthe certification,	2888
the appointing authority shall appoint one of the personpersons	2889
so certified within ten days.	2890

When an eligible list is in existenceexists and a vacancy	2891
occurs in a position for which the list was established, the	2892
appointing authority shall certify the fact to the civil service	2893
commission. The personthree persons standing highest on suchthe	2894
list shall be certified to the appointing authority, and such	2895
personone of the persons shall be appointed within ten days.	2896

Sec. 302.202.  If established under Chapter 302. of the	2897
Revised Codethis chapter, the department of personnel shall make	2898
and promulgate personnel rules whichthat, when adopted by the	2899
board of county commissioners after public hearing, shall be the	2900
sole basis for determining the provisions and procedures of the	2901
county personnel system.	2902

Notwithstanding the provisions of Chapter 124. of the Revised	2903
Code, personnel rules adopted by the board of county commissioners	2904
pursuant to this section, may provide for, but need not be limited	2905
to, the following:	2906

(A) Classification of all county positions, which	2907
classification shall be based on the duties, authority, and	2908
responsibility of each position;	2909

(B) A pay plan for all county positions, which pay plan may	2910
include such fringe benefits as may be determined by the board of	2911
county commissioners, in addition to salary;	2912

(C) Certification of payrolls as to compliance with the pay	2913
plan and the personnel rules;	2914

(D) The method of holding competitive tests for determining	2915
the merit and fitness of candidates for appointment and promotion;	2916

(E) The establishment, maintenance, and certification of	2917
eligible lists for filling vacancies;	2918

(F) The order and manner in which lay-offs may be effected;

2919

(G) The procedure for suspension and removal of employees,	2920
which procedure shall include provisions for appeals from orders	2921
of suspension or removal or other disciplinary action;	2922

(H) The hours of work, the attendance regulations, and the	2923
provisions for sick and vacation leave;	2924

(I) The procedure for provisional appointments;

2925

(J) Other practices and procedures necessary to the	2926
administration of the county personnel system.	2927

Sec. 325.19.  (A)(1) The granting of vacation leave under	2928
division (A)(1) of this section is subject to divisions (A)(2) and	2929
(3) of this section. Each full-time employee in the several	2930
offices and departments of the county service, including full-time	2931
hourly rate employees, after service of one year with the county	2932
or any political subdivision of the state, shall have earned and	2933
will be due upon the attainment of the first year of employment,	2934
and annually thereafter, eighty hours of vacation leave with full	2935
pay. One year of service shall be computed on the basis of	2936
twenty-six biweekly pay periods. A full-time county employee with	2937
eight or more years of service with the county or any political	2938
subdivision of the state shall have earned and is entitled to one	2939
hundred twenty hours of vacation leave with full pay. A full-time	2940
county employee with fifteen or more years of service with the	2941
county or any political subdivision of the state shall have earned	2942
and is entitled to one hundred sixty hours of vacation leave with	2943
full pay. A full-time county employee with twenty-five years of	2944
service with the county or any political subdivision of the state	2945
shall have earned and is entitled to two hundred hours of vacation	2946
leave with full pay. Such vacation leave shall accrue to the	2947
employee at the rate of three and one-tenth hours each biweekly	2948
period for those entitled to eighty hours per year; four and	2949
six-tenths hours each biweekly period for those entitled to one	2950
hundred twenty hours per year; six and two-tenths hours each	2951
biweekly period for those entitled to one hundred sixty hours per	2952
year; and seven and seven-tenths hours each biweekly period for	2953
those entitled to two hundred hours per year.	2954

The appointing authorities of the offices and departments of	2955
the county service may permit all or any part of a person's prior	2956
service with any regional council of government established in	2957
accordance with Chapter 167. of the Revised Code to be considered	2958
service with the county or a political subdivision of the state	2959
for the purpose of determining years of service under this	2960
division.	2961

(2) Full-time employees granted vacation leave under division	2962
(A)(1) of this section who render any standard of service other	2963
than forty hours per week as described in division (J) of this	2964
section and who are in active pay status in a biweekly pay period,	2965
shall accrue a number of hours of vacation leave during each such	2966
pay period that bears the same ratio to the number of hours	2967
specified in division (A)(1) of this section as their number of	2968
hours which are accepted as full-time in active pay status,	2969
excluding overtime hours, bears to eighty hours.	2970

(3) Full-time employees granted vacation leave under division	2971
(A)(1) of this section who are in active pay status in a biweekly	2972
pay period for less than eighty hours or the number of hours of	2973
service otherwise accepted as full-time by their employing office	2974
or department shall accrue a number of hours of vacation leave	2975
during that pay period that bears the same ratio to the number of	2976
hours specified in division (A)(1) of this section as their number	2977
of hours in active pay status, excluding overtime hours, bears to	2978
eighty or the number of hours of service accepted as full-time,	2979
whichever is applicable.	2980

(B) A board of county commissioners, by resolution, may grant	2981
vacation leave with full pay to part-time county employees. A	2982
part-time county employee shall be eligible for vacation leave	2983
with full pay upon the attainment of the first year of employment,	2984
and annually thereafter. The ratio between the hours worked and	2985
the vacation hours awarded to a part-time employee shall be the	2986
same as the ratio between the hours worked and the vacation hours	2987
earned by a full-time employee as provided for in this section.	2988

(C) Days specified as holidays in section 124.19 of the	2989
Revised Code shall not be charged to an employee's vacation leave.	2990
Vacation leave shall be taken by the employee during the year in	2991
which it accrued and prior to the next recurrence of the	2992
anniversary date of the employee's employment, provided that the	2993
appointing authority may, in special and meritorious cases, permit	2994
such employee to accumulate and carry over the employee's vacation	2995
leave to the following year. No vacation leave shall be carried	2996
over for more than three years. An employee is entitled to	2997
compensation, at the employee's current rate of pay, for the	2998
prorated portion of any earned but unused vacation leave for the	2999
current year to the employee's credit at time of separation, and	3000
in addition shall be compensated for any unused vacation leave	3001
accrued to the employee's credit, with the permission of the	3002
appointing authority, for the three years immediately preceding	3003
the last anniversary date of employment.	3004

(D)(1) In addition to vacation leave, a full-time county	3005
employee is entitled to eight hours of holiday pay for New Year's	3006
day, Martin Luther King day, Washington-Lincoln day, Memorial day,	3007
Independence day, Labor day, Columbus day, Veterans' day,	3008
Thanksgiving day, and Christmas day, of each year. Except as	3009
provided in division (D)(2) of this section, holidays shall occur	3010
on the days specified in section 1.14 of the Revised Code. If any	3011
of those holidays fall on Saturday, the Friday immediately	3012
preceding shall be observed as the holiday. If any of those	3013
holidays fall on Sunday, the Monday immediately succeeding shall	3014
be observed as the holiday. If an employee's work schedule is	3015
other than Monday through Friday, the employee is entitled to	3016
holiday pay for holidays observed on the employee's day off	3017
regardless of the day of the week on which they are observed.	3018

(2)(a) When a classified employee of a county board of mental	3019
retardation and developmental disabilities works at a site	3020
maintained by a government entity other than the board, such as a	3021
public school, the board may adjust the employee's holiday	3022
schedule to conform to the schedule adopted by the government	3023
entity. Under an adjusted holiday schedule, an employee shall	3024
receive the number of hours of holiday pay granted under division	3025
(D)(1) of this section.	3026

(b) Pursuant to division (H)(6) of section 339.06 of the	3027
Revised Code, a county hospital may observe Martin Luther King	3028
day, Washington-Lincoln day, Columbus day, and Veterans' day on	3029
days other than those specified in section 1.14 of the Revised	3030
Code.	3031

(E) In the case of the death of a county employee, the unused	3032
vacation leave and unpaid overtime to the credit of any suchthe	3033
employee shall be paid in accordance with section 2113.04 of the	3034
Revised Code, or to the employee's estate.	3035

(F) Notwithstanding this section or any other section of the	3036
Revised Code, any appointing authority of a county office,	3037
department, commission, board, or body may, upon notification to	3038
the board of county commissioners, establish alternative schedules	3039
of vacation leave and holidays for employees of the appointing	3040
authority for whom the state employment relations board has not	3041
established an appropriate bargaining unit pursuant to section	3042
4117.06 of the Revised Code, provided thatas long as the	3043
alternative schedules are not inconsistent with the provisions of	3044
aat least one collective bargaining agreement covering other	3045
employees of that appointing authority, if such an agreement	3046
exists. If no such collective bargaining agreement exists, an	3047
appointing authority, upon notification to the board of county	3048
commissioners, may establish an alternative schedule of vacation	3049
leave and holidays for its employees that does not diminish the	3050
vacation leave and holiday benefits granted by this section.	3051

(G) The employees of a county children services board that	3052
establishes vacation benefits under section 5153.12 of the Revised	3053
Code are exempt from division (A) of this section.	3054

(H) The provisions of this section do not apply to	3055
superintendents and management employees of county boards of	3056
mental retardation and developmental disabilities.	3057

(I) Division (A) of this section does not apply to an	3058
employee of a county board of mental retardation and developmental	3059
disabilities who works at, or provides transportation services to	3060
pupils of, a special education program provided by the county	3061
board pursuant to division (A)(4) of section 5126.05 of the	3062
Revised Code, if the employee's employment is based on a school	3063
year and the employee is not subject to a contract with the county	3064
board that provides for division (A) of this section to apply to	3065
the employee.	3066

(J) As used in this section:

3067

(1) "Full-time employee" means an employee whose regular	3068
hours of service for a county total forty hours per week, or who	3069
renders any other standard of service accepted as full-time by an	3070
office, department, or agency of county service.	3071

(2) "Part-time employee" means an employee whose regular	3072
hours of service for a county total less than forty hours per	3073
week, or who renders any other standard of service accepted as	3074
part-time by an office, department, or agency of county service,	3075
and whose hours of county service total at least five hundred	3076
twenty hours annually.	3077

(3) "Management employee" has the same meaning as in section	3078
5126.20 of the Revised Code.	3079

Sec. 329.02.  Under the control and direction of the board of	3080
county commissioners, the county director of job and family	3081
services shall have full charge of the county department of job	3082
and family services. The director shall prepare the annual budget	3083
estimate of the department and submit it to the board of county	3084
commissioners. Before submitting the budget estimate to the board	3085
of county commissioners, the director shall consider the	3086
recommendations of the county family services planning committee	3087
relative to suchthat estimate. The director, with the approval of	3088
the board of county commissioners, shall appoint all necessary	3089
assistants and superintendents of institutions under the	3090
jurisdiction of the department, and all other employees of the	3091
department, exceptingexcept that the superintendent of each such	3092
institution shall appoint all employees thereinin it and only the	3093
board of county commissioners may appoint administrators under	3094
section 329.021 of the Revised Code. Except for administrators	3095
appointed under section 329.021 of the Revised Code and up to five	3096
other administrative positions, the assistants and other employees	3097
of the department shall be in the classified civil service, and	3098
may not be placed in or removed to the unclassified service. If no	3099
eligible list is available, provisionala probationary appointment	3100
shall be made until suchan eligible list is available.	3101

Each director appointed on or after the effective date of	3102
this amendmentOctober 5, 1987, shall be in the unclassified civil	3103
service and serve at the pleasure of the board of county	3104
commissioners. If a person holding a classified position in the	3105
department is appointed as director on or after the effectivethat	3106
date of this amendment and is later removed by the board, except	3107
for a reason listed in section 124.34 of the Revised Code, the	3108
person so removed has the right to resume the position the person	3109
held in the classified service immediately prior to being	3110
appointed as director, or if that position no longer exists or has	3111
become an unclassified position, the person shall be appointed to	3112
a position in the classified service that the board, with the	3113
approval of the director of administrative services, determines is	3114
equivalent to the position the person held immediately prior to	3115
being appointed as director.	3116

The board of county commissioners, except as provided in this	3117
chapter, may provide by resolution for the coordination of the	3118
operations of the department and those of any county institution	3119
whose board or managing officer is appointed by the board of	3120
county commissioners.	3121

The board of county commissioners may enter into a written	3122
contract with a county director of job and family services	3123
specifying terms and conditions of the director's employment. The	3124
period of the contract shall not exceed three years. In addition	3125
to any review specified in such athe contract, the contract shall	3126
be subject to review and renegotiation for a period of thirty	3127
days, from the sixtieth to the ninetieth days after the beginning	3128
of the term of any newly elected commissioner. Such a contract	3129
shall in no way abridge the right of the board to terminate the	3130
employment of the director as an unclassified employee at will,	3131
but may specify terms and conditions of any such termination.	3132

Sec. 1513.03.  The chief of the division of mineral resources	3133
management shall designate certain employees of the division as	3134
mineral resources inspectors for the purpose of enforcing the coal	3135
mining laws and the surface mining laws. SuchThose inspectors may	3136
enter upon and inspect any coal or surface mining operation at any	3137
time, and, upon entering the permit area the, an inspector shall	3138
notify the operator and shall furnish proper identification. After	3139
the final maps have been approved, the inspector shall notify the	3140
nearest mine office of the operator and advise of the inspection.	3141
TheyInspectors may serve and execute warrants and other processes	3142
of law issued in the enforcement of this chapter and Chapter 1514.	3143
of the Revised Code and the rules adopted thereunderunder them.	3144

SuchThe inspectors, while in the normal, lawful, and	3145
peaceful pursuit of their duties, may enter upon, cross over, and	3146
remain upon privately owned lands for such purposes, and shall not	3147
be subject to arrest for trespass while so engaged or for such	3148
cause thereafter.	3149

Before a person, other than a person who was an inspector of	3150
coal or surface mining operations or oil and gas operations on	3151
July 1, 1999, is eligible for appointment as a mineral resources	3152
inspector, the person shall pass an examination prepared and	3153
administered by the department of administrative services and	3154
shall serve in a provisional status for a probationary period of	3155
six months to the satisfaction of the chief. The chief may hire	3156
provisionally, pending the administration of a civil service	3157
examination and establishment of a civil service eligibility list.	3158
A person serving in a provisional status has, a person as a	3159
mineral resources inspector, who shall have the same authority as	3160
a permanently appointedan inspector hired from an eligible list.	3161
This section does not affect the status of any person employed as	3162
an inspector of coal or surface mining operations or oil and gas	3163
operations prior to July 1, 1999, if the person is a certified	3164
employee in the classified service of the state.	3165

Sec. 1513.34.  The chief of the division of mineral resources	3166
management shall provide education and training for all mineral	3167
resources inspectors, district supervisors, and enforcement	3168
personnel. The chief shall provide adequate training and education	3169
as necessary for all persons appointed as mineral resources	3170
inspectors during their provisional status. The chief shall	3171
provide, on a regular basis as funding allows, continuing	3172
education and training as necessary for all mineral resources	3173
inspectors, district supervisors, and enforcement personnel.	3174

Sec. 4111.03.  (A) An employer shall pay an employee for	3175
overtime at a wage rate of one and one-half times the employee's	3176
wage rate for hours worked in excess of forty hours in one	3177
workweek, in the manner and methods provided in and subject to the	3178
exemptions of section 7 and section 13 of the "Fair Labor	3179
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as	3180
amended.	3181

Any employee employed in agriculture shall not be covered by	3182
the overtime provision of this section.	3183

(B) For the purposes of this section, the number of hours	3184
worked by a county employee in any one workweek shall be deemed to	3185
include, in addition to hours actually worked, all periods in an	3186
active pay status.	3187

(C) If a county employee elects to take compensatory time off	3188
in lieu of overtime pay, for any overtime worked, such	3189
compensatory time may be granted by the employee's administrative	3190
superior, on a time and one-half basis, at a time mutually	3191
convenient to the employee and the administrative superior within	3192
one hundred eighty days after the overtime is worked.	3193

(D)(C) A county appointing authority with the exception of	3194
the county department of job and family services may, by rule or	3195
resolution as is appropriate, indicate the authority's intention	3196
not to be bound by division (B) or (C) of this section, and to	3197
adopt a different policy for the calculation and payment of	3198
overtime than that is embodied in those divisionsestablished by	3199
that division. Upon adoption, the alternative overtime policy	3200
prevails. Prior to the adoption of an alternative overtime policy,	3201
thea county appointing authority with the exception of the county	3202
department of job and family services shall give a written notice	3203
of the alternative policy to each employee at least ten days prior	3204
to theits effective date of the policy.	3205

Sec. 4112.01.  (A) As used in this chapter:

3206

(1) "Person" includes one or more individuals, partnerships,	3207
associations, organizations, corporations, legal representatives,	3208
trustees, trustees in bankruptcy, receivers, and other organized	3209
groups of persons. "Person" also includes, but is not limited to,	3210
any owner, lessor, assignor, builder, manager, broker,	3211
salesperson, appraiser, agent, employee, lending institution, and	3212
the state and all political subdivisions, authorities, agencies,	3213
boards, and commissions of the state.	3214

(2) "Employer" includes the state, any political subdivision	3215
of the state, any person employing four or more persons within the	3216
state, and any person acting directly or indirectly in the	3217
interest of an employer.	3218

(3) "Employee" means an individual employed by any employer	3219
but does not include any individual employed in the domestic	3220
service of any person.	3221

(4) "Labor organization" includes any organization that	3222
exists, in whole or in part, for the purpose of collective	3223
bargaining or of dealing with employers concerning grievances,	3224
terms or conditions of employment, or other mutual aid or	3225
protection in relation to employment.	3226

(5) "Employment agency" includes any person regularly	3227
undertaking, with or without compensation, to procure	3228
opportunities to work or to procure, recruit, refer, or place	3229
employees.	3230

(6) "Commission" means the Ohio civil rights commission	3231
created by section 4112.03 of the Revised Code.	3232

(7) "Discriminate" includes segregate or separate.

3233

(8) "Unlawful discriminatory practice" means any act	3234
prohibited by section 4112.02, 4112.021, or 4112.022 of the	3235
Revised Code.	3236

(9) "Place of public accommodation" means any inn,	3237
restaurant, eating house, barbershop, public conveyance by air,	3238
land, or water, theater, store, other place for the sale of	3239
merchandise, or any other place of public accommodation or	3240
amusement of which the accommodations, advantages, facilities, or	3241
privileges are available to the public.	3242

(10) "Housing accommodations" includes any building or	3243
structure, or portion of a building or structure, that is used or	3244
occupied or is intended, arranged, or designed to be used or	3245
occupied as the home residence, dwelling, dwelling unit, or	3246
sleeping place of one or more individuals, groups, or families	3247
whether or not living independently of each other; and any vacant	3248
land offered for sale or lease. "Housing accommodations" also	3249
includes any housing accommodations held or offered for sale or	3250
rent by a real estate broker, salesperson, or agent, by any other	3251
person pursuant to authorization of the owner, by the owner, or by	3252
the owner's legal representative.	3253

(11) "Restrictive covenant" means any specification limiting	3254
the transfer, rental, lease, or other use of any housing	3255
accommodations because of race, color, religion, sex, familial	3256
status, national origin, disability, or ancestry, or any	3257
limitation based upon affiliation with or approval by any person,	3258
directly or indirectly, employing race, color, religion, sex,	3259
familial status, national origin, disability, or ancestry as a	3260
condition of affiliation or approval.	3261

(12) "Burial lot" means any lot for the burial of deceased	3262
persons within any public burial ground or cemetery, including,	3263
but not limited to, cemeteries owned and operated by municipal	3264
corporations, townships, or companies or associations incorporated	3265
for cemetery purposes.	3266

(13) "Disability" means a physical or mental impairment that	3267
substantially limits one or more major life activities, including	3268
the functions of caring for one's self, performing manual tasks,	3269
walking, seeing, hearing, speaking, breathing, learning, and	3270
working; a record of a physical or mental impairment; or being	3271
regarded as having a physical or mental impairment.	3272

(14) Except as otherwise provided in section 4112.021 of the	3273
Revised Code, "age" means at least forty years old.	3274

(15) "Familial status" means either of the following:

3275

(a) One or more individuals who are under eighteen years of	3276
age and who are domiciled with a parent or guardian having legal	3277
custody of the individual or domiciled, with the written	3278
permission of the parent or guardian having legal custody, with a	3279
designee of the parent or guardian;	3280

(b) Any person who is pregnant or in the process of securing	3281
legal custody of any individual who is under eighteen years of	3282
age.	3283

(16)(a) Except as provided in division (A)(16)(b) of this	3284
section, "physical or mental impairment" includes any of the	3285
following:	3286

(i) Any physiological disorder or condition, cosmetic	3287
disfigurement, or anatomical loss affecting one or more of the	3288
following body systems: neurological; musculoskeletal; special	3289
sense organs; respiratory, including speech organs;	3290
cardiovascular; reproductive; digestive; genito-urinary; hemic and	3291
lymphatic; skin; and endocrine;	3292

(ii) Any mental or psychological disorder, including, but not	3293
limited to, mental retardation, organic brain syndrome, emotional	3294
or mental illness, and specific learning disabilities;	3295

(iii) Diseases and conditions, including, but not limited to,	3296
orthopedic, visual, speech, and hearing impairments, cerebral	3297
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	3298
cancer, heart disease, diabetes, human immunodeficiency virus	3299
infection, mental retardation, emotional illness, drug addiction,	3300
and alcoholism.	3301

(b) "Physical or mental impairment" does not include any of	3302
the following:	3303

(i) Homosexuality and bisexuality;

3304

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	3305
voyeurism, gender identity disorders not resulting from physical	3306
impairments, or other sexual behavior disorders;	3307

(iii) Compulsive gambling, kleptomania, or pyromania;

3308

(iv) Psychoactive substance use disorders resulting from the	3309
current illegal use of a controlled substance or the current use	3310
of alcoholic beverages.	3311

(17) "Dwelling unit" means a single unit of residence for a	3312
family of one or more persons.	3313

(18) "Common use areas" means rooms, spaces, or elements	3314
inside or outside a building that are made available for the use	3315
of residents of the building or their guests, and includes, but is	3316
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	3317
rooms, mail rooms, recreational areas, and passageways among and	3318
between buildings.	3319

(19) "Public use areas" means interior or exterior rooms or	3320
spaces of a privately or publicly owned building that are made	3321
available to the general public.	3322

(20) "Controlled substance" has the same meaning as in	3323
section 3719.01 of the Revised Code.	3324

(21) "Disabled tenant" means a tenant or prospective tenant	3325
who is a person with a disability.	3326

(B) For the purposes of divisions (A) to (F) of section	3327
4112.02 of the Revised Code, the terms "because of sex" and "on	3328
the basis of sex" include, but are not limited to, because of or	3329
on the basis of pregnancy, any illness arising out of and	3330
occurring during the course of a pregnancy, childbirth, or related	3331
medical conditions. Women affected by pregnancy, childbirth, or	3332
related medical conditions shall be treated the same for all	3333
employment-related purposes, including receipt of benefits under	3334
fringe benefit programs, as other persons not so affected but	3335
similar in their ability or inability to work, and nothing in	3336
division (B) of section 4111.17 of the Revised Code shall be	3337
interpreted to permit otherwise. This division shall not be	3338
construed to require an employer to pay for health insurance	3339
benefits for abortion, except where the life of the mother would	3340
be endangered if the fetus were carried to term or except where	3341
medical complications have arisen from the abortion, provided that	3342
nothing in this division precludes an employer from providing	3343
abortion benefits or otherwise affects bargaining agreements in	3344
regard to abortion.	3345

Sec. 5107.52.  (A) There is hereby established, as a work	3346
activity under Ohio works first, the subsidized employment	3347
program, under which private and government employers receive	3348
payments from appropriations to the department of job and family	3349
services for a portion of the costs of salaries, wages, and	3350
benefits suchthose employers pay to or on behalf of employees who	3351
are participants of the subsidized employment program at the time	3352
of employment.	3353

(B) The director of job and family services may redetermine	3354
rates of payments to employers under this section annually.	3355

(C) A state agency or political subdivision may create or	3356
fill vacant full-time and part-time positions, including	3357
classified and unclassified positions for those positions that are	3358
included in the civil service under Chapter 124. of the Revised	3359
Code, for or with participants of the subsidized employment	3360
program. The director shall specify in rules adopted under section	3361
5107.05 of the Revised Code the maximum amount of time the	3362
department will subsidize the positions. After the subsidy	3363
expires, the agency or subdivision may hire the participant for an	3364
unclassified position or as a provisionalan employee in the	3365
classified civil service, if the position is in the classified	3366
civil service, and the participant shall become certified in the	3367
same manner as other provisional employees. The director of	3368
administrative services may adopt rules in accordance with Chapter	3369
119. of the Revised Code governing this division.	3370

(D) Participants of the subsidized employment program for	3371
whom payments are made under this section:	3372

(1) Shall be considered regular employees of the employer,	3373
entitled to the same employment benefits and opportunities for	3374
advancement and affiliation with employee organizations that are	3375
available to other regular employees of the employer, and the	3376
employer shall pay premiums to the bureau of workers' compensation	3377
on account of employees for whom payments are made;	3378

(2) Shall be paid at the same rate as other employees doing	3379
similar work for the employer.	3380

(E) An agreement for employment of a subsidized employment	3381
program participant by a private employer shall require that the	3382
participant be given preference for any unsubsidized full-time	3383
position with the employer that becomes available after the	3384
participant completes any probationary or training period	3385
specified in the agreement.	3386

Sec. 5119.09.  The director of mental health shall prepare,	3387
and may amend from time to time, specifications descriptive of the	3388
duties, responsibilities, requirements, and desirable	3389
qualifications of physician specialists in the department of	3390
mental health. The director shall prepare, and may amend from time	3391
to time, classifications for suchthose physician specialists, and	3392
such physician specialiststhey shall receive a salary fixed	3393
pursuant to section 124.15 or 124.152 of the Revised Code.	3394

The director may employ and classify physicians in the	3395
department as physician specialists, within the classifications	3396
and pay ranges fixed pursuant to section 124.15 or 124.152 of the	3397
Revised Code. Any physician employed in the department, whether	3398
previously classified pursuant to section 124.15 or 124.152 of the	3399
Revised Code or otherwise employed in the department, may be	3400
classified or reclassified as a physician specialist, pursuant to	3401
this section, upon order of the director; provided, that, each	3402
such physician shall be qualified as required by this section and	3403
meet the specifications for the classification to which hethe	3404
physician is assigned. Any physician classified and designated a	3405
physician specialist under authority of this section may be	3406
assigned to a different physician specialist classification upon	3407
order of the director; the director shall certify each such	3408
reclassification, and the department of administrative services	3409
shall be governed by suchthe certification,; provided that,	3410
nothing in this section shall alter the powers and duties of such	3411
department as defined inthe state personnel board of review under	3412
division (A)(1) of section 124.03 of the Revised Code.	3413

Each physician classified and designated as a physician	3414
specialist in the department, under authority of this section,	3415
shall be a reputable physician,and a graduate of an accredited	3416
medical college, who has had special training and experience in	3417
the treatment of mental illness or other condition found in	3418
patients in the department.	3419

Sec. 5155.03.  The board of county commissioners or operator	3420
shall appoint a superintendent, who may be authorized to use the	3421
title "administrator," who may reside on the premises of the	3422
county home or otheranother building contiguous to the county	3423
home, and who shall receive the compensation the board or operator	3424
determines. The superintendent or administrator and any	3425
administrative assistant shall each be allowed actual necessary	3426
expenses incurred in the discharge of official duties. The	3427
superintendent or administrator shall perform the duties that the	3428
board or operator imposes and shall be governed in all respects by	3429
the board's or operator's rules. The superintendent or	3430
administrator shall be in the unclassified civil service.	3431

The board or operator may, by resolution, provide for the	3432
appointment by the superintendent or administrator of an assistant	3433
superintendent or administrator, who shall perform the duties at	3434
the county home prescribed by the superintendent or administrator.	3435
The board or operator shall not appoint one of its own board	3436
members superintendent or administrator, nor shall any	3437
commissioner or trustee be eligible to any other office in the	3438
county home, or receive any compensation as physician or	3439
otherwise, directly or indirectly, wherein the appointing power is	3440
vested in the board of county commissioners or board of county	3441
hospital trustees, as applicable.	3442

Section 2. That existing sections 9.84, 119.12, 124.03,	3443
124.04, 124.07, 124.11, 124.134, 124.14, 124.21, 124.22, 124.23,	3444
124.26, 124.27, 124.271, 124.30, 124.31, 124.32, 124.321, 124.322,	3445
124.323, 124.324, 124.326, 124.327, 124.34, 124.341, 124.38,	3446
124.383, 124.384, 124.385, 124.386, 124.388, 124.40, 124.43,	3447
124.44, 124.45, 124.46, 124.48, 302.202, 325.19, 329.02, 1513.03,	3448
1513.34, 4111.03, 4112.01, 5107.52, 5119.09, and 5155.03 and	3449
section 124.311 of the Revised Code are hereby repealed.	3450

Section 3. In addition to its recommendations that are	3451
included in this act, the Civil Service Review Commission that was	3452
created by Amended Senate Bill No. 210 of the 123rd General	3453
Assembly recommends all of the following:	3454

(A) The Department of Administrative Services, in conjunction	3455
with all appropriate stakeholder groups, shall study the	3456
compensation and classification system that applies to employees	3457
paid by warrant of the Auditor of State and county employees in	3458
order to determine how the system could be simplified. The	3459
Department shall report to the General Assembly on the results of	3460
its study not later than six months after the effective date of	3461
this act and at appropriate intervals thereafter.	3462

(B) An ad hoc committee shall be formed to review, study, and	3463
encourage greater awareness of the use of alternate dispute	3464
resolution procedures, such as mediation, in appeals to the State	3465
Personnel Board of Review and to municipal and civil service	3466
township civil service commissions. The committee shall consist of	3467
representatives of labor organizations, counties, cities, the	3468
State Personnel Board of Review, the State Employment Relations	3469
Board, the Office of Collective Bargaining of the Department of	3470
Administrative Services, the Ohio Commission on Dispute Resolution	3471
and Conflict Management, the American Arbitration Association, and	3472
the Federal Mediation and Conciliation Service. Professors on the	3473
faculty of Ohio law schools, a professional arbitrator with	3474
experience in public sector disputes, and a plaintiff's lawyer	3475
with experience in civil service disputes also should be members	3476
of the committee. The committee shall report its findings and	3477
recommendations to the General Assembly within six months after	3478
the effective date of this act.	3479

Section 4. (A) Division (F) of section 124.14 of the Revised	3480
Code, as amended by this act, shall first be applied beginning	3481
January 1, 2007.	3482

(B) The Executive Director of the Inter-University Council	3483
shall coordinate the organization of a committee consisting of the	3484
president, or the president's representative, of each	3485
state-supported college or university. By not later than October	3486
1, 2006, the committee, in consultation with the Department of	3487
Administrative Services, shall develop guidelines and standards	3488
that are to be used by the boards of trustees of these colleges	3489
and universities in adopting the rules concerning the matters of	3490
governance of the officers and employees of the college or	3491
university as required by division (F) of section 124.14 of the	3492
Revised Code. The guidelines shall address, at a minimum, all of	3493
the following:	3494

(1) Classification plans;

3495

(2) Compensation plans;

3496

(3) Recruitment, selection, and appointment processes;

3497

(4) Performance, discipline, and termination processes;

3498

(5) Layoff and reduction-in-workforce processes;

3499

(6) Paid leave, holiday leave, and benefit programs;

3500

(7) Appeals processes.

3501

The guidelines also shall require the colleges and	3502
universities to adopt changes in a controlled and incremental	3503
manner.	3504

Section 5.  Section 124.26 of the Revised Code is presented	3505
in this act as a composite of the section as amended by both Am.	3506
Sub. H.B. 117 and Am. Sub. S.B. 99 of the 121st General Assembly.	3507
The General Assembly, applying the principle stated in division	3508
(B) of section 1.52 of the Revised Code that amendments are to be	3509
harmonized if reasonably capable of simultaneous operation, finds	3510
that the composite is the resulting version of the section in	3511
effect prior to the effective date of the section as presented in	3512
this act.	3513