| Section 1. That sections 9.84, 119.12, 124.01, 124.03, | 16 |
| 124.04,
124.07,
124.09, 124.11, 124.133, 124.134, 124.14, 124.15, | 17 |
| 124.20, 124.22, 124.23,
124.26,
124.27, 124.271, 124.30, 124.31, | 18 |
| 124.32, 124.321, 124.322, 124.323,
124.324, 124.325, 124.326, | 19 |
| 124.327, 124.33, 124.34, 124.341, 124.38, 124.383, 124.384, | 20 |
| 124.385, 124.386,
124.388, 124.40, 124.44, 124.45, 124.46, 124.48, | 21 |
| 302.202,
325.19, 329.02, 329.021, 1513.03, 1513.34, 4111.03, | 22 |
| 4112.01, 5107.52, 5119.09,
5155.03, and 5703.17 be amended and | 23 |
| sections 124.12 and 124.141 of the Revised
Code be enacted to read | 24 |
| as follows: | 25 |
Sec. 9.84. AnyExcept as otherwise provided in this
section, | 26 |
|
any person appearing as a witness before any public
official, | 27 |
|
department, board, bureau, commission,
or agency, or
any | 28 |
representative
thereofof a public official, department, board, | 29 |
|
bureau, commission, or agency, in
any administrative or executive | 30 |
proceeding or investigation, public or
private, if
hethe witness | 31 |
|
so requests, shall be permitted to be
accompanied, represented, | 32 |
and advised by an attorney, whose participation
in the hearing | 33 |
|
shall be
limited to the protection of the rights of the witness, | 34 |
and who may not
examine or cross-examine witnesses, and the. The | 35 |
witness shall be advised of
histhe
right to counsel before
hethe | 36 |
witness is interrogated. This
section
shalldoes not apply to | 37 |
|
proceedings before a grand jury
or to an employee of an appointing | 38 |
|
authority, as defined in section 124.01 of the Revised Code, who | 39 |
|
appears only as a witness in an employment interview, | 40 |
|
investigation, or proceeding conducted by or for the appointing | 41 |
|
authority. | 42 |
| Sec. 119.12. Any party adversely affected by any order of
an | 43 |
|
agency issued pursuant to an adjudication denying an applicant | 44 |
|
admission to an examination, or denying the issuance or renewal
of | 45 |
|
a license or registration of a licensee, or revoking or
suspending | 46 |
|
a license, or allowing the payment of a forfeiture
under section | 47 |
4301.252 of the Revised Code, may appeal from the
order of the | 48 |
|
agency to the court of common pleas of the county in
which the | 49 |
|
place of business of the licensee is located or the
county in | 50 |
|
which the licensee is a resident, except that appeals
from | 51 |
|
decisions of the liquor control commission,
the state medical | 52 |
|
board, state chiropractic
board, and board of nursing shall be to | 53 |
the court of common pleas
of Franklin county. If any
such party | 54 |
| appealing from the order
is not a resident of and
has no place of | 55 |
|
business in this state,
the party may appeal
to the
court of | 56 |
|
common pleas of Franklin
county. | 57 |
| Any party adversely affected by any order of an agency
issued | 58 |
|
pursuant to any other adjudication may appeal to the court
of | 59 |
|
common pleas of Franklin county, except that appeals from
orders | 60 |
|
of the fire marshal issued under Chapter 3737. of the
Revised Code | 61 |
|
may be to the court of common pleas of the county in
which the | 62 |
|
building of the aggrieved person is located
and except that | 63 |
|
appeals under division (B) of section 124.34 of the Revised Code | 64 |
|
from a decision of the state personnel board of review or a | 65 |
|
municipal or civil service township civil service commission shall | 66 |
|
be taken to the court of common pleas of the county in which the | 67 |
|
appointing authority is located or, in the case of an appeal by | 68 |
|
the department of rehabilitation and correction, to the court of | 69 |
|
common pleas of Franklin county. | 70 |
| The filing of a notice of appeal shall not automatically | 83 |
|
operate as a suspension of the order of an agency. If it appears | 84 |
|
to the court that an unusual hardship to the appellant will
result | 85 |
|
from the execution of the agency's order pending
determination of | 86 |
|
the appeal, the court may grant a suspension and
fix its terms.
If | 87 |
|
an appeal is taken from the judgment of the
court and the court | 88 |
|
has previously granted a suspension of the
agency's order as | 89 |
provided in this section,
suchthe suspension of
the agency's | 90 |
|
order
shall not be vacated and shall be given full
force and | 91 |
|
effect
until the matter is finally adjudicated. No
renewal of a | 92 |
license
or permit shall be denied by reason of
suchthe
suspended | 93 |
|
order during
the period of the appeal from the decision
of the | 94 |
|
court of common
pleas. In the case of an appeal from the
state | 95 |
|
medical board or
state chiropractic board, the
court may grant a | 96 |
|
suspension and
fix its terms if it appears to the
court that an | 97 |
|
unusual hardship
to the appellant will result from
the execution | 98 |
|
of the agency's
order pending determination of the
appeal and the | 99 |
|
health, safety,
and welfare of the public will not
be threatened | 100 |
|
by suspension of
the order. This provision shall
not be construed | 101 |
|
to limit the
factors the court may consider in
determining whether | 102 |
|
to suspend
an order of any other agency
pending determination of | 103 |
|
an appeal. | 104 |
| Notwithstanding any other provision of this section, any | 108 |
|
order issued by a court of common pleas or a court of appeals | 109 |
|
suspending the
effect of
an order of the liquor control commission | 110 |
|
issued pursuant to Chapter 4301. or
4303. of the Revised Code that | 111 |
|
suspends,
revokes, or cancels a permit issued under Chapter 4303. | 112 |
of the Revised Code,
or that allows the payment of a
forfeiture | 113 |
under section 4301.252
of the Revised Code, shall terminate not | 114 |
|
more than six months
after the date of the filing of the record of | 115 |
|
the liquor control commission
with the clerk of the court
of | 116 |
|
common pleas
and shall not be extended. The court of common
pleas, | 117 |
| or the court of appeals
on appeal, shall render a judgment
in that | 118 |
| matter within six months after the
date of the filing of
the | 119 |
| record of the liquor control commission with the
clerk of the | 120 |
|
court of common pleas. A court of appeals shall not issue an
order | 121 |
| suspending the effect of an order of the liquor control
commission | 122 |
| that
extends beyond six months after the date on which
the record | 123 |
| of the liquor
control commission is filed with a court
of common | 124 |
| pleas. | 125 |
| Within thirty days after receipt of a notice of appeal from | 136 |
|
an order in any case in which a hearing is required by sections | 137 |
|
119.01 to 119.13 of the Revised Code, the agency shall prepare
and | 138 |
|
certify to the court a complete record of the proceedings in
the | 139 |
|
case. Failure of the agency to comply within the time
allowed, | 140 |
|
upon motion, shall cause the court to enter a finding in
favor of | 141 |
|
the party adversely affected. Additional time, however,
may be | 142 |
|
granted by the court, not to exceed thirty days, when it
is shown | 143 |
that the agency has made substantial effort to comply.
SuchThe | 144 |
|
record shall be prepared and transcribed, and the expense of
it | 145 |
|
shall be taxed as a part of the costs on the appeal. The
appellant | 146 |
| shall provide security for costs satisfactory to the
court of | 147 |
| common pleas. Upon demand by any interested party, the
agency | 148 |
| shall furnish at the cost of the party requesting it a
copy
of the | 149 |
| stenographic report of testimony offered and evidence
submitted at | 150 |
| any hearing and a copy of the complete record. | 151 |
The court shall conduct a hearing on
suchthe appeal and | 170 |
|
shall
give preference to all proceedings under sections 119.01 to | 171 |
|
119.13
of the Revised Code, over all other civil cases, | 172 |
|
irrespective of
the position of the proceedings on the calendar
of | 173 |
|
the court. An
appeal from an order of the state medical board | 174 |
|
issued pursuant to
division (G) of either
section 4730.25 or | 175 |
|
4731.22 of the Revised
Code, or the state
chiropractic board | 176 |
|
issued pursuant to section
4734.37 of the Revised Code, or the | 177 |
|
liquor control commission
issued
pursuant to Chapter 4301. or | 178 |
|
4303. of the Revised Code
shall be set down for
hearing at the | 179 |
|
earliest possible time and
takes precedence over
all other | 180 |
|
actions. The hearing in the court
of common pleas
shall proceed
as | 181 |
| in the trial of a civil action,
and the court
shall determine
the | 182 |
| rights of the parties in
accordance with the
laws applicable
to | 183 |
sucha civil action. At
suchthe
hearing, counsel may be
heard on | 184 |
| oral
argument, briefs may be
submitted, and evidence
may be | 185 |
| introduced if the
court has granted a
request for the
presentation | 186 |
| of additional
evidence. | 187 |
| The court may affirm the order of the agency complained of
in | 188 |
|
the appeal if it finds, upon consideration of the entire
record | 189 |
and
suchany additional evidence
as the court has admitted,
that | 190 |
|
the
order is supported by reliable, probative, and
substantial | 191 |
evidence and is in accordance with law. In the
absence of
such a | 192 |
| this
finding, it may reverse, vacate, or modify the
order or make | 193 |
|
such
other ruling as is supported by reliable,
probative, and | 194 |
|
substantial evidence and is in accordance with
law. The court | 195 |
|
shall award compensation for fees in accordance
with section | 196 |
|
2335.39 of the Revised Code to a prevailing party,
other than an | 197 |
|
agency, in an appeal filed pursuant to this
section. | 198 |
| The judgment of the court shall be final and conclusive | 199 |
unless reversed, vacated, or modified on appeal.
SuchThese | 200 |
|
appeals
may
be taken either by the party or the agency, shall | 201 |
|
proceed as
in
the case of appeals in civil actions, and shall be | 202 |
|
pursuant to
the
Rules of Appellate Procedure and, to the extent | 203 |
|
not in
conflict
with those rules, Chapter 2505. of the Revised | 204 |
Code.
SuchAn appeal
by the agency shall be taken on questions of | 205 |
|
law
relating to the
constitutionality, construction, or | 206 |
interpretation of statutes and
rules of the agency, and, in
such | 207 |
| the
appeal, the court may also review
and determine the | 208 |
|
correctness of
the judgment of the court of
common pleas that the | 209 |
|
order of the
agency is not supported by any
reliable, probative, | 210 |
|
and
substantial evidence in the entire
record. | 211 |
(A)(1) Hear appeals, as provided by law, of employees in the | 268 |
|
classified state service from final decisions of appointing | 269 |
|
authorities or the director of administrative services relative
to | 270 |
| reduction in pay or position, job abolishments, layoff, | 271 |
|
suspension, discharge, assignment or reassignment to a new or | 272 |
|
different position classification, or refusal of the director, or | 273 |
|
anybody authorized to perform the director's functions, to | 274 |
|
reassign an employee to another classification or to reclassify | 275 |
| the
employee's position with or without a job audit under division | 276 |
|
(D) of section 124.14 of the Revised Code. As used in this | 277 |
|
division, "discharge" includes disability
separations. | 278 |
| Sec. 124.04. In addition to those powers enumerated in | 352 |
|
Chapters 123. and 125. of the Revised Code and as provided | 353 |
|
elsewhere by law, the powers, duties, and functions of the | 354 |
|
department of administrative services not specifically vested in | 355 |
|
and assigned to, or to be performed by, the state personnel board | 356 |
|
of review are hereby vested in and assigned to, and shall be | 357 |
|
performed by, the director of administrative services. These | 358 |
|
powers, duties, and functions shall include, but shall not be | 359 |
|
limited to, the following powers, duties, and functions: | 360 |
| Sec. 124.07. (A) The director of administrative services | 419 |
| shall
appoint examiners, inspectors, clerks, and other assistants | 420 |
|
as necessary to carry out sections 124.01 to 124.64 of the
Revised | 421 |
Code. The director may designate persons in or out of
the official | 422 |
| service of the state to serve as examiners or
assistants under the | 423 |
| director's direction. An examiner or
assistant shall
receive the | 424 |
| compensation for each day actually and necessarily
spent in the | 425 |
| discharge of duties as an examiner
or assistant that the director | 426 |
| determines; provided that, if the
examiner or assistant is in the | 427 |
official service of the state or
any political subdivision of the | 428 |
| state, it shall be a
part of the
examiner's or assistant's | 429 |
| official duties to render those services in
connection with an | 430 |
| examination without extra compensation. | 431 |
(B) Each state agency and each state-supported college or | 432 |
university shall pay the cost of the services and facilities | 433 |
|
furnished to it by the department of administrative services that | 434 |
|
are necessary to provide and maintain payroll services as | 435 |
|
prescribed in section 125.21 of the Revised Code and state merit | 436 |
|
standards as prescribed in sections 124.01 to 124.64 of the | 437 |
Revised Code for the agency or state-supported college or | 438 |
university. If a state-supported college or university or a | 439 |
|
municipal corporation chooses to use the services and facilities | 440 |
|
furnished by the department that are necessary to provide and | 441 |
|
maintain the services and standards so prescribed, the | 442 |
| state-supported college or university or municipal corporation | 443 |
|
shall pay the cost of the services and facilities that the | 444 |
|
department furnishes to it. The charges against a state agency, a | 445 |
|
state-supported college or university, or a municipal corporation | 446 |
| shall be
computed on a reasonable cost basis in accordance with | 447 |
| procedures
prescribed by the director of budget and management. | 448 |
| Any moneys
the department receives from a
state agency, a | 449 |
| state-supported college or university, or a municipal corporation | 450 |
| under this division that
are in excess of the amount necessary to | 451 |
| pay the cost of
furnishing the department's services and | 452 |
| facilities during any fiscal year
shall be either refunded to or | 453 |
| credited for the ensuing fiscal
year to the state agency, the | 454 |
| state-supported college or university, or the municipal | 455 |
|
corporation. | 456 |
| (E) In counties of the state in which are located cities | 469 |
| having
municipal civil service commissions, the director of | 470 |
| administrative services may designate
the municipal civil service | 471 |
| commission of the largest city within
the county as the director's | 472 |
| agent for the purpose of
carrying out the
provisions of sections | 473 |
| 124.01 to 124.64 of the Revised Code,
within the county, that the | 474 |
| director designates. Each municipal
civil service commission | 475 |
| designated as an agent of the director
shall render to the | 476 |
| director, at the end of each month, an itemized statement of the | 477 |
| cost incurred by the commission for work
done as the agent of the | 478 |
| director, and the director, after
approving that statement, shall | 479 |
| pay the total amount of it to
the
treasurer of the municipal | 480 |
| corporation in the same manner as
other expenses of the department | 481 |
| of administrative services. | 482 |
| (B) Keep records of the director's proceedings and records
of | 499 |
| all applications for examinations and all examinations conducted | 500 |
| by
the director. All of those records, except examinations, | 501 |
| proficiency assessments,
and recommendations of former
employers, | 502 |
| shall be open to public inspection under reasonable
regulations; | 503 |
| provided the governor, or any person designated by
the governor, | 504 |
| may, for the purpose of investigation, have
free access to all of | 505 |
| those records, whenever the governor has reason to believe
that | 506 |
| this chapter, or the administrative rules of the director | 507 |
| prescribed
under this chapter, are being violated. | 508 |
| (C) Prepare, continue, and keep in the office of the | 509 |
|
department of administrative services a complete roster of all | 510 |
| persons in the classified
civil service of the state who are paid | 511 |
| directly by warrant of the director of budget and management. This | 512 |
|
roster shall be open to public inspection at all
reasonable hours. | 513 |
| It shall show in reference to each of
those persons, the person's | 514 |
| name, address, date of
appointment to or employment in the | 515 |
| classified civil service of the state,
and salary or compensation, | 516 |
| the title of the place
or office that the person holds, the nature | 517 |
| of the duties
of that place or office, and, in case of
the | 518 |
| person's removal or resignation, the date of
the termination of | 519 |
| that service. | 520 |
| (G) Have the power to subpoena and require the attendance
and | 535 |
| testimony of witnesses and the production of books, papers,
public | 536 |
| records, and other documentary evidence pertinent to the | 537 |
|
investigations, inquiries, or hearings on any matter which the | 538 |
|
director has authority to investigate, inquire into, or hear, and | 539 |
| to
examine them in relation to any matter which the director has | 540 |
| authority to
investigate, inquire into, or hear. Fees shall be | 541 |
| allowed to
witnesses and, on their certificate, duly audited, | 542 |
| shall be paid
by the treasurer of state or, in the case of | 543 |
| municipal or civil
service township civil service commissions, by | 544 |
| the county
treasurer, for attendance and traveling, as is provided | 545 |
| in
section 2335.06 of the Revised Code for witnesses in courts of | 546 |
|
record. All officers in the civil service of the state or any of | 547 |
|
the political subdivisions of the state and their deputies, | 548 |
| clerks,
and employees shall attend and testify when summoned to do | 549 |
| so by
the director or the state personnel board of review. | 550 |
| Depositions
of witnesses may be taken by the director or the | 551 |
| board, or any
member of the board, in the manner prescribed by law | 552 |
| for like
depositions in civil actions in the courts of common | 553 |
| pleas. In
case any person, in disobedience to any subpoena issued | 554 |
| by the
director or the board, or any member of the board, or the | 555 |
| chief
examiner, fails or refuses to attend and testify to any | 556 |
| matter
regarding which the person may be lawfully interrogated, or | 557 |
|
produce any
documentary evidence pertinent to any investigation, | 558 |
| inquiry, or
hearing, the court of common pleas of any county, or | 559 |
| any judge
of the court of common pleas of any county, where the | 560 |
| disobedience, failure, or refusal occurs,
upon application of the | 561 |
| director or the board, or any member
of the board, or a municipal | 562 |
| or civil service township civil service
commission, or any | 563 |
| commissioner of such a commission, or their chief examiner,
shall | 564 |
| compel obedience by attachment proceedings for contempt as
in the | 565 |
| case of disobedience of the requirements of a subpoena
issued from | 566 |
| the court or a refusal to testify in the court. | 567 |
| (9) The deputies and assistants of state agencies authorized | 630 |
| to act for and
on behalf of the agency, or holding a fiduciary or | 631 |
| administrative relation to
that agency and those persons employed | 632 |
| by and directly responsible
to elected county officials or a | 633 |
| county administrator and holding a
fiduciary or
administrative | 634 |
| relationship to such elected county officials or county | 635 |
|
administrator, and the employees of such county officials whose | 636 |
| fitness
would be
impracticable to determine by competitive | 637 |
| examination, provided
that division (A)(9) of this section shall | 638 |
| not affect those
persons in county employment in the classified | 639 |
| service as of
September 19, 1961. Nothing in division (A)(9) of | 640 |
| this section
applies to any position in a county department of job | 641 |
| and
family services
created pursuant to Chapter 329. of the | 642 |
| Revised
Code. | 643 |
| (26) Up to five positions at each of the administrative | 714 |
|
departments listed in section 121.02 of the Revised Code and at | 715 |
| the department
of taxation, department of the adjutant general, | 716 |
| department of education,
Ohio board of regents, bureau of workers' | 717 |
|
compensation, industrial commission, state lottery
commission, and | 718 |
| public utilities commission of Ohio that the head of
that | 719 |
| administrative department or of that other state agency determines | 720 |
| to be
involved in policy development and implementation. The head | 721 |
| of the
administrative department or other state agency shall set | 722 |
| the compensation for
employees in these positions at a rate that | 723 |
| is not less than the minimum
compensation specified in pay range | 724 |
| 41 but not more than the maximum
compensation specified in pay | 725 |
| range 44 of salary schedule E-2 in
section 124.152 of the Revised | 726 |
| Code. The authority to establish positions in
the unclassified | 727 |
| service under division (A)(26) of this
section is in addition to | 728 |
| and does not limit any other authority that an
administrative | 729 |
| department or
state agency has under the Revised Code to establish | 730 |
| positions, appoint
employees, or set compensation. | 731 |
| (B) The classified service shall comprise all persons in
the | 749 |
| employ of the state and the several counties, cities, city
health | 750 |
| districts, general health districts, and city school
districts of | 751 |
| the state, not specifically included in the unclassified
service. | 752 |
| Upon the creation by the board of trustees of a civil
service | 753 |
| township civil service commission, the classified service
shall | 754 |
| also comprise, except as otherwise provided in division
(A)(17) or | 755 |
| (C) of this section, all persons in the employ of a
civil service | 756 |
| township police or fire department having ten or
more full-time | 757 |
| paid employees. The classified service consists
of two classes, | 758 |
| which shall be designated as the competitive
class and the | 759 |
| unskilled labor class. | 760 |
| (1) The competitive class shall include all positions and | 761 |
|
employments in the state and the counties, cities, city health | 762 |
|
districts, general health districts, and city school districts
of | 763 |
| the state, and, upon the creation by the board of trustees of a | 764 |
|
civil service township of a township civil service commission, all | 765 |
|
positions in a civil service township police or fire department | 766 |
|
having ten or more full-time paid employees, for which it is | 767 |
|
practicable to determine the merit and fitness of applicants by | 768 |
|
competitive examinations. Appointments shall be made to, or | 769 |
|
employment shall be given in, all positions in the competitive | 770 |
|
class that are not filled by promotion, reinstatement, transfer, | 771 |
|
or reduction, as provided in this chapter, and the rules of the | 772 |
|
director of administrative services, by appointment from those | 773 |
|
certified to the appointing officer in accordance with this | 774 |
|
chapter. | 775 |
| (2) The unskilled labor class shall include ordinary | 776 |
|
unskilled laborers. Vacancies in the labor class for positions in | 777 |
| service of the state shall be filled
by appointment from lists of | 778 |
applicants registered by the
director or a commission, as | 779 |
applicable. Vacancies in the labor class for all other positions | 780 |
| shall be filled by appointment from lists of applicants registered | 781 |
| by a commission. The director or the commission, as applicable, by | 782 |
| rule, shall
require
an applicant for registration in the labor | 783 |
| class to furnish
evidence or take tests as the director or | 784 |
| commission considers proper with
respect to age, residence, | 785 |
| physical condition, ability to labor,
honesty, sobriety, industry, | 786 |
| capacity, and experience in the work
or employment for which | 787 |
| application is made. Laborers who
fulfill the requirements shall | 788 |
| be placed on the eligible list for the kind of
labor or employment | 789 |
| sought, and preference shall be given in
employment in accordance | 790 |
| with the rating received from that
evidence or in those tests. | 791 |
| Upon the request of an appointing
officer, stating the kind of | 792 |
| labor needed, the pay and probable
length of employment, and the | 793 |
| number to be employed, the director or commission, as applicable, | 794 |
|
shall certify from the highest on the list double the number to
be | 795 |
| employed; from this number, the appointing officer shall
appoint | 796 |
| the number actually needed for the particular work. If
more than | 797 |
| one applicant receives the same rating, priority in
time of | 798 |
| application shall determine the order in which their
names shall | 799 |
| be certified for appointment. | 800 |
| An appointing authority whose employees
are paid directly by | 810 |
| warrant of the director of budget and management
may appoint a | 811 |
| person who holds a certified position in the classified service | 812 |
|
within the appointing authority's agency to a position in the | 813 |
| unclassified
service within that agency. A person appointed | 814 |
| pursuant
to
this division to a position in the unclassified | 815 |
| service shall retain the right
to resume the position and status | 816 |
| held by
the person in the classified service immediately prior to | 817 |
| the person's
appointment to the position in the unclassified | 818 |
| service, regardless of the
number of positions the person
held in | 819 |
| the unclassified service. An employee's right to resume a position | 820 |
| in the classified service may only be exercised when an appointing | 821 |
| authority demotes the employee to a pay range lower than the | 822 |
| employee's current pay range or revokes the employee's appointment | 823 |
| to the unclassified service. An employee forfeits the right to | 824 |
| resume a position in the classified service when the employee is | 825 |
| removed from the position in the unclassified service due to | 826 |
| incompetence, inefficiency, dishonesty, drunkenness, immoral | 827 |
| conduct, insubordination, discourteous treatment of the public, | 828 |
| neglect of duty, violation of this chapter or the rules of the | 829 |
| director of administrative services, any other failure of good | 830 |
| behavior, any other acts of misfeasance, malfeasance, or | 831 |
| nonfeasance in office, or conviction of a felony. An employee also | 832 |
| forfeits the right to resume a position in the classified service | 833 |
| upon transfer to a different agency. | 834 |
| Reinstatement to a position in the
classified service shall | 835 |
| be to a position substantially equal to that position
in the | 836 |
| classified service held
previously, as certified by the director | 837 |
| of administrative services. If the
position the person previously | 838 |
| held in the classified service has been placed
in the unclassified | 839 |
|
service or is otherwise unavailable, the person shall be appointed | 840 |
| to a
position in the classified service within the appointing | 841 |
| authority's agency
that the director of administrative services | 842 |
| certifies is comparable in
compensation to the position the person | 843 |
| previously held in the classified
service. Service in the
position | 844 |
| in the unclassified service shall be counted as service in the | 845 |
|
position in the classified service held by the person immediately | 846 |
| prior to the
person's appointment to the position in the | 847 |
| unclassified service. When a
person is reinstated
to a position in | 848 |
| the classified service as provided in this division, the
person is | 849 |
| entitled to all rights, status, and benefits accruing to the | 850 |
|
position in the classified service during the person's time of | 851 |
| service in the
position in the
unclassified service. | 852 |
| Sec. 124.133. The director of administrative services may | 873 |
| establish, by rule
adopted under Chapter 119. of the Revised Code, | 874 |
| an experimental program to be
implemented on a limited basis only | 875 |
| which grants to employees in the service of the state vacation | 876 |
| leave,
sick leave, disability leave, personal leave, life | 877 |
| insurance, or medical
insurance benefits that differ from these | 878 |
| benefits as granted by sections
124.13, 124.134, 124.382, 124.385, | 879 |
| 124.386, 124.81, and 124.82 of the Revised
Code. However, this | 880 |
| program shall not reduce the number of hours of vacation
leave, | 881 |
| sick leave, or personal leave which an employee has accrued as of | 882 |
| the
effective date of the rule. | 883 |
| Sec. 124.134. (A) Each full-time permanent state employee | 884 |
| paid
in accordance with section 124.152 of the Revised Code and | 885 |
| those
employees listed in divisions (B)(2) and (4) of section | 886 |
| 124.14 of
the Revised Code, after service of one year, shall have | 887 |
| earned
and will be due upon the attainment of the first year of | 888 |
|
employment, and annually thereafter, eighty hours of vacation | 889 |
|
leave with full pay. One year of service shall be computed on
the | 890 |
| basis of twenty-six biweekly pay periods. A full-time
permanent | 891 |
| state employee with five or more years of service shall
have | 892 |
| earned and is entitled to one hundred twenty hours of
vacation | 893 |
| leave with full pay. A full-time permanent state
employee with ten | 894 |
| or more years of service shall have earned and
is entitled to one | 895 |
| hundred sixty hours of vacation leave with
full pay. A full-time | 896 |
| permanent state employee with fifteen or
more years of service | 897 |
| shall have earned and is entitled to one
hundred eighty hours of | 898 |
| vacation leave with full pay. A
full-time permanent state employee | 899 |
| with twenty or more years of
service shall have earned and is | 900 |
| entitled to two hundred hours of
vacation leave with full pay. A | 901 |
| full-time permanent state
employee with twenty-five or more years | 902 |
| of service shall have
earned and is entitled to two hundred forty | 903 |
| hours of vacation
leave with full pay. Such vacation leave shall | 904 |
| accrue to the
employee at the rate of three and one-tenth hours | 905 |
| each biweekly
period for those entitled to eighty hours per year; | 906 |
| four and
six-tenths hours each biweekly period for those entitled | 907 |
| to one
hundred twenty hours per year; six and two-tenths hours | 908 |
| each
biweekly period for those entitled to one hundred sixty hours | 909 |
| per
year; six and nine-tenths hours each biweekly period for those | 910 |
| entitled
to one hundred eighty hours per year; seven and | 911 |
| seven-tenths
hours each biweekly period for those entitled to two | 912 |
| hundred
hours per year; and nine and two-tenths hours each | 913 |
| biweekly period for
those entitled to two hundred forty hours per | 914 |
| year. | 915 |
| (B) Employees granted leave
under this section shall forfeit | 939 |
| their right to take or to be paid for any
vacation leave to their | 940 |
credit which is in excess of the accrual for three
years. SuchAny | 941 |
| excess leave shall be eliminated from the employees'
leave | 942 |
| balance. If an employee's vacation leave credit is at, or will | 943 |
| reach
in the immediately following pay period, the
maximum of the | 944 |
| accrual for three years and the
employee has been
denied the use | 945 |
| of vacation leave during the immediately preceding
twelve months, | 946 |
| the employee, at the employee's request,
shall be paid in a pay | 947 |
| period for the
vacation leave the
employee was denied, up to the | 948 |
| maximum amount the
employee would
be entitled to be paid for in | 949 |
| any pay period. An employee
is not entitled to receive payment for | 950 |
| vacation leave denied in any pay period
in which
the employee's | 951 |
| vacation leave credit is not at, or will not reach in the | 952 |
|
immediately following pay period, the maximum of accrual for
three | 953 |
| years. Any vacation leave for which an
employee receives payment | 954 |
shall be deducted from the
employee's vacation leave balance. Such | 955 |
paymentPayment shall not be made for
any leave
accrued in the | 956 |
| same calendar year in which the payment is made. | 957 |
| (C) Upon separation from state service, an employee
granted | 958 |
| leave under this section is entitled
to compensation at the | 959 |
| employee's current rate of pay for
all unused
vacation leave | 960 |
| accrued under this section or section 124.13 of
the Revised Code | 961 |
| to the employee's credit. In case of
transfer of an
employee from | 962 |
| one state agency to another, the employee shall retain the
accrued | 963 |
| and unused vacation leave. In
case of the death of an employee, | 964 |
suchthe unused vacation leave shall be
paid in accordance with | 965 |
| section 2113.04 of the Revised Code, or
to the employee's estate. | 966 |
An employee serving in a temporary work level or
an interim | 967 |
appointment who is eligible to receive compensation under this | 968 |
|
division shall be compensated at the base rate of pay of the | 969 |
| employee's normal
classification. | 970 |
| Sec. 124.14. (A)(1) The director of administrative services | 971 |
shall establish, and may modify or repealrescind, by rule, a job | 972 |
|
classification plan for all positions, offices, and employments | 973 |
|
the salaries of which are paid in whole or in part by the state. | 974 |
|
The director shall group jobs within a classification so that the | 975 |
|
positions are similar enough in duties and responsibilities to be | 976 |
|
described by the same title, to have the same pay assigned with | 977 |
|
equity, and to have the same qualifications for selection
applied. | 978 |
| The director shall, by rule, assign a classification
title to each | 979 |
| classification within the classification plan.
However, the | 980 |
| director shall consider in establishing
classifications, including | 981 |
| classifications with parenthetical
titles, and assigning pay | 982 |
| ranges such factors as duties performed
only on one shift, special | 983 |
| skills in short supply in the labor
market, recruitment problems, | 984 |
| separation rates, comparative
salary rates, the amount of training | 985 |
| required, and other
conditions affecting employment. The director | 986 |
shall describe the
duties and responsibilities of the class and, | 987 |
establish the
qualifications for being employed in thateach | 988 |
position in the class, and shall
file with the secretary of state | 989 |
| a copy of specifications for all
of the classifications. The | 990 |
| director shall file new, additional,
or revised specifications | 991 |
with the secretary of state before
beingthey are used. | 992 |
| The director shall, by rule, assign each
classification, | 993 |
| either on a statewide basis or in particular
counties or state | 994 |
| institutions, to a pay range established under
section 124.15 or | 995 |
| section 124.152 of the Revised Code. The
director may assign a | 996 |
| classification to a pay range on a
temporary basis for a period of | 997 |
time designated in the rulesix months. The director
may | 998 |
| establish, by rule adopted under Chapter 119. of the Revised Code, | 999 |
|
experimental classification plans for some or all employees paid | 1000 |
| directly by
warrant of the director of budget and management. The | 1001 |
| rule shall include
specifications for each classification within | 1002 |
| the plan and shall specifically
address compensation ranges, and | 1003 |
| methods for advancing within the ranges, for
the classifications, | 1004 |
| which may be assigned to pay ranges other than the pay
ranges | 1005 |
| established under section 124.15 or 124.152 of the Revised Code. | 1006 |
| (4) The director shall, by rule, assign related | 1022 |
|
classifications, which form a career progression, to a | 1023 |
|
classification series. The director shall, by rule, assign each | 1024 |
|
classification in the classification plan a five-digit number,
the | 1025 |
| first four digits of which shall denote the classification
series | 1026 |
| to which the classification is assigned. When a career
progression | 1027 |
| encompasses more than ten classifications, the
director shall, by | 1028 |
| rule, identify the additional classifications
belonging to a | 1029 |
classification series. SuchThe additional
classifications shall | 1030 |
| be part of the classification series,
notwithstanding the fact | 1031 |
| that the first four digits of the number
assigned to the | 1032 |
| additional classifications do not correspond to
the first four | 1033 |
| digits of the numbers assigned to other
classifications in the | 1034 |
| classification series. | 1035 |
(5) The director shall adopt, in accordance with rules in | 1036 |
accordance withadopted under Chapter 119. of the Revised Code for | 1037 |
the establishment of, shall establish, and may modify or rescind, | 1038 |
| a
classification plan for county agencies that elect not to use | 1039 |
| the
services and facilities of a county personnel department. The | 1040 |
|
rules shall include a methodology for the establishment of titles | 1041 |
|
unique to county agencies, the use of state classification titles | 1042 |
|
and classification specifications for common positions, the | 1043 |
|
criteria for a county to meet in establishing its own | 1044 |
|
classification plan, and the establishment of what constitutes a | 1045 |
|
classification series for county agencies. | 1046 |
| (2) When the director proposes to reclassify any employee so | 1077 |
| that
the employee
is adversely affected, the director shall give | 1078 |
| to the employee affected and to
the employee's
appointing | 1079 |
|
authority a written notice setting forth the proposed new | 1080 |
|
classification, pay range, and salary. Upon the request of any | 1081 |
|
classified employee who is not serving in a probationary period, | 1082 |
|
the director shall perform a job audit to review the | 1083 |
|
classification of the employee's position to determine whether
the | 1084 |
| position is properly classified. The director shall give to
the | 1085 |
| employee affected and to the employee's appointing
authority a | 1086 |
| written
notice of the director's determination whether or not to | 1087 |
|
reclassify the position or to reassign the employee to another | 1088 |
|
classification. An employee or appointing authority desiring a | 1089 |
|
hearing shall file a written request for the hearing
with the | 1090 |
| state
personnel board of review within thirty days after receiving | 1091 |
| the
notice. The board shall set the matter for a hearing and | 1092 |
| notify
the employee and appointing authority of the time and place | 1093 |
| of
the hearing. The employee, the appointing authority, or any | 1094 |
|
authorized representative of the employee who wishes to submit | 1095 |
|
facts for the consideration of the board shall be afforded | 1096 |
|
reasonable opportunity to do so. After the hearing, the board | 1097 |
|
shall consider anew the reclassification and may order the | 1098 |
|
reclassification of the employee and require the director to | 1099 |
|
assign the employee to such appropriate classification as
the | 1100 |
| facts and
evidence warrant. As provided in division (A)(1) of | 1101 |
| section 124.03
of the Revised Code, the board may determine the | 1102 |
| most appropriate
classification for the position of any employee | 1103 |
| coming before the board, with
or without a job
audit. The board | 1104 |
| shall disallow any reclassification
or reassignment classification | 1105 |
| of any employee when it finds that
changes have been made in the | 1106 |
| duties and responsibilities of any
particular employee for | 1107 |
| political, religious, or other unjust
reasons. | 1108 |
(F) With respect to officers and employees of
state-supported | 1137 |
colleges and universities and except for the powers
and duties of | 1138 |
the state personnel board of review set forth in section
124.03 of | 1139 |
the Revised Code, the powers,
duties, and functions of the | 1140 |
department of administrative
services and of the director of | 1141 |
administrative services specified in
this chapter are hereby | 1142 |
vested in and assigned to the boards of trustees
of those colleges | 1143 |
and universities, or those officers to whom the boards of trustees | 1144 |
have delegated these powers, duties, and functions, subject to a | 1145 |
periodic audit and review by the director.
In exercising the | 1146 |
powers, duties, and functions of the director, the boards
of | 1147 |
trustees or the officers to whom these powers, duties, and | 1148 |
functions were
delegated need not establish a job classification | 1149 |
plan for unclassified
employees and may proceed under section | 1150 |
111.15 of the Revised Code when
exercising the
director's | 1151 |
rule-making authority. The adoption, amendment, rescission, and | 1152 |
enforcement of rules under this division is not subject to | 1153 |
approval,
disapproval, or modification by the state personnel | 1154 |
board of review. Nothing
in this division shall be construed to | 1155 |
limit the right of any classified
employee who possesses the right | 1156 |
of appeal to the state personnel board of
review to continue to | 1157 |
possess that right of appeal. | 1158 |
Upon
the director's determination or finding of the misuse by | 1159 |
the board of
trustees of or a designated
officer of a | 1160 |
state-supported college or university of
the authority granted | 1161 |
under this
division, the
director shall order and direct the | 1162 |
personnel functions of that
state-supported college or university | 1163 |
until
sections 124.01 to 124.64 of the Revised Code
have been | 1164 |
fully complied with(1) Notwithstanding any contrary provision of | 1165 |
| sections 124.01 to 124.64
of the Revised Code, the board of | 1166 |
| trustees of each state university or college, as defined in | 1167 |
| section 3345.12 of the Revised Code,
shall carry out all matters | 1168 |
| of governance involving the officers
and employees of the | 1169 |
| university or college, including, but not
limited to, the powers, | 1170 |
| duties, and functions of the department of
administrative services | 1171 |
| and the director of administrative services specified in this | 1172 |
|
chapter. Officers and employees of a state university or college | 1173 |
| shall have the right of appeal to the state personnel board of | 1174 |
| review as provided in this chapter. | 1175 |
(2)(a) Each board of county commissioners may, by a | 1189 |
|
resolution adopted by a majority of its members, may designate the | 1190 |
|
county personnel department of the county to exercise the powers, | 1191 |
|
duties, and functions of the department of administrative
services | 1192 |
| and the director of administrative services specified in
sections | 1193 |
| 124.01 to 124.64 and Chapter 325. of the Revised Code,
except for | 1194 |
| the powers and duties of the state personnel board of
review, | 1195 |
| which powers and duties shall not be construed as having
been | 1196 |
| modified or diminished in any manner by division (G)(2) of
this | 1197 |
| section, with respect to the employees for whom the board of | 1198 |
|
county commissioners is the appointing authority or co-appointing | 1199 |
authority. Upon certificationThe board of county commissioners | 1200 |
| shall deliver a certified copy of the resolution to the director | 1201 |
| of administrative services not later than ten working days after | 1202 |
| the resolution is adopted, and the director shall inform the board | 1203 |
| in a writing sent by certified mail of the date of receipt of the | 1204 |
| copy of the resolution. | 1205 |
(b) Upon the director's receipt of athe copy of the | 1206 |
resolution by the
board to the director, these, the powers, | 1207 |
duties, and functions arereferred to in division (G)(2)(a) of | 1208 |
| this section that may be exercised shall be vested in and assigned | 1209 |
| to the county personnel department with
respect to the employees | 1210 |
| for whom the board of county
commissioners is the appointing | 1211 |
authority or co-appointing
authority. The certification to the | 1212 |
director shall be provided
not later than one hundred twenty days | 1213 |
before the first day of
July of an odd-numbered year, and, | 1214 |
following the certification,
the powers, duties, and functions | 1215 |
specified in sections 124.01 to
124.64 and Chapter 325. of the | 1216 |
Revised Code shall be vested in
and assigned to the county | 1217 |
| personnel department on that first day
of July. Nothing | 1218 |
| (3) After the county personnel department of a county has | 1228 |
|
assumed the powers, duties, and functions of the department of | 1229 |
|
administrative services and the director of administrative | 1230 |
| services as described in division
(G)(2) of this section, any | 1231 |
| elected official, board, agency, or
other appointing authority of | 1232 |
that county may, upon written notification
to the director, may | 1233 |
| elect to use the services and facilities of the
county personnel | 1234 |
department. Upon the acceptance by the director
of suchthat | 1235 |
| written notification, the county personnel department shall | 1236 |
|
exercise the powers, duties, and functions of the department of | 1237 |
|
administrative services and the director as described in division | 1238 |
|
(G)(2) of this section with respect to the employees of that | 1239 |
|
elected official, board, agency, or other appointing authority. | 1240 |
The notification to the director shall be provided not later than | 1241 |
one hundred twenty days before the first day of July of an | 1242 |
odd-numbered year, and, following the notification, the powers, | 1243 |
duties, and functions specified in sections 124.01 to 124.64 and | 1244 |
Chapter 325. of the Revised Code with respect to the employees of | 1245 |
that elected official, board, agency, or other appointing | 1246 |
authority shall be vested in and assigned to the county personnel | 1247 |
department on that first day of July.The director shall inform | 1248 |
| the elected official, board, agency, or other appointing authority | 1249 |
| in a writing sent by certified mail of the date of acceptance of | 1250 |
| that written notification. Except for those employees
under the | 1251 |
| jurisdiction of the county personnel department, the
director | 1252 |
| shall continue to exercise these powers, duties, and
functions | 1253 |
| with respect to employees of the county. | 1254 |
(4) EachWhen at least two years have passed since the | 1255 |
| creation of a county personnel department, a board of county | 1256 |
commissioners that has
established a county personnel department | 1257 |
may, by a resolution
adopted by a majority of its members, may | 1258 |
| disband the county
personnel department and return to the | 1259 |
| department of
administrative services for the administration of | 1260 |
| sections 124.01
to 124.64 and Chapter 325. of the Revised Code. | 1261 |
The board shall,
not later than one hundred twenty days before the | 1262 |
first day of
July of an odd-numbered year, send the director a | 1263 |
certified copy
of the resolution disbanding the county personnel | 1264 |
department. Allshall deliver a certified copy of the resolution | 1265 |
| to the director of administrative services not later than ten | 1266 |
| working days after the resolution is adopted, and the director | 1267 |
| shall inform the board in a writing sent by certified mail of the | 1268 |
| date of receipt of the copy of the resolution. Upon the director's | 1269 |
| receipt of the copy of the resolution, all powers,
duties, and | 1270 |
| functions previously vested in and
assigned to the county | 1271 |
personnel department shall return to the
director on that first | 1272 |
day of July. | 1273 |
(5) AnyWhen at least two years have passed since electing to | 1274 |
| use the services and facilities of a county personnel department, | 1275 |
| an elected official, board, agency, or appointing
authority of a | 1276 |
| county may return to the department of
administrative services for | 1277 |
| the administration of sections 124.01
to 124.64 and Chapter 325. | 1278 |
| of the Revised Code. The elected
official, board, agency, or | 1279 |
appointing authority shall, not later
than one hundred twenty days | 1280 |
before the first day of July of an
odd-numbered year, send the | 1281 |
| director of administrative services a certified copy of the | 1282 |
resolution that states its decision. Allto return to the | 1283 |
| department of administrative services' jurisdiction, and the | 1284 |
| director shall inform the elected official, board, agency, or | 1285 |
| appointing authority in a writing sent by certified mail of the | 1286 |
| date of receipt of the copy of the resolution. Upon the director's | 1287 |
| receipt of the copy of the resolution, all powers, duties, and | 1288 |
|
functions previously vested in and assigned to the county | 1289 |
|
personnel department with respect to the employees of that
elected | 1290 |
| official, board, agency, or appointing authority shall
return to | 1291 |
the director on that first day of July. | 1292 |
| (H) The director of administrative services shall establish | 1335 |
| the rate and method of
compensation for all employees who are paid | 1336 |
| directly by warrant
of the director of budget and management and | 1337 |
who are serving in positions whichthat the director of | 1338 |
| administrative services has determined impracticable to include in | 1339 |
| the state
job classification plan. This division does not apply to | 1340 |
| elected
officials, legislative employees, employees of the | 1341 |
| legislative
service commission, employees who are in the | 1342 |
| unclassified civil service and
exempt from collective bargaining | 1343 |
| coverage in the office of the secretary of
state, auditor of | 1344 |
| state, treasurer of state, and attorney general, employees
of the | 1345 |
| courts, employees of the
bureau of workers' compensation whose | 1346 |
| compensation the
administrator of workers' compensation | 1347 |
| establishes under division
(B) of section 4121.121 of the Revised | 1348 |
| Code, or employees of an
appointing authority authorized by law to | 1349 |
| fix the compensation of
those employees. | 1350 |
| (I) The director shall set the rate of compensation for all | 1351 |
intermittent,
interim, seasonal,
temporary, emergency, and casual | 1352 |
| employees in the service of the state who are not considered | 1353 |
public employees under section
4117.01 of the Revised
Code. Such | 1354 |
| Those employees are not entitled to receive employee
benefits. | 1355 |
| This rate of compensation
shall be
equitable in terms of the rate | 1356 |
| of employees serving in the same
or similar classifications. This | 1357 |
| division does not apply to
elected officials, legislative | 1358 |
| employees, employees of the
legislative service commission, | 1359 |
| employees who are in the unclassified civil
service and exempt | 1360 |
| from collective bargaining coverage in the office of the
secretary | 1361 |
| of state, auditor of state, treasurer of state, and attorney | 1362 |
|
general, employees of the courts, employees of the bureau of | 1363 |
| workers'
compensation whose compensation the administrator | 1364 |
| establishes under division
(B) of section 4121.121 of the Revised | 1365 |
| Code, or employees of an appointing
authority authorized by law to | 1366 |
| fix the compensation of those employees. | 1367 |
| Sec. 124.141. The director of administrative services may | 1368 |
| establish, by rule adopted under Chapter 119. of the Revised Code, | 1369 |
| an appointment incentive program that allows an appointing | 1370 |
| authority to pay to an officer
or employee described in division | 1371 |
| (A)(30) of section 124.11,
division (B)(2) of section 124.14, or | 1372 |
| division (B) of section
126.32 of the Revised Code a salary and | 1373 |
| benefits package that
differs from the salary and benefits | 1374 |
| otherwise provided by law for
that officer or employee, provided | 1375 |
| that the appointment incentive program established by the director | 1376 |
| cannot include authority for an appointing authority to provide | 1377 |
| health care benefits to a covered officer or employee that are | 1378 |
| different from health care benefits otherwise provided by law for | 1379 |
| that officer or employee. | 1380 |
| (D) The salary and wage rates in division (A) of this
section | 1496 |
| or in section 124.152 of the Revised Code represent base
rates of | 1497 |
| compensation and may be augmented by the provisions of
section | 1498 |
| 124.181 of the Revised Code. In those cases where
lodging, meals, | 1499 |
| laundry, or other personal services are furnished
an employee in | 1500 |
| the service of the state, the actual costs or fair market value of | 1501 |
| the
personal services shall
be paid by the employee in such | 1502 |
| amounts and manner as determined
by the director of administrative | 1503 |
| services and approved by the
director of budget and management, | 1504 |
| and those personal
services shall not be
considered as a part of | 1505 |
| the employee's compensation. An
appointing authority that appoints | 1506 |
| employees in the service of the state, with the approval of the | 1507 |
| director of
administrative services and the director of budget and | 1508 |
|
management, may establish payments to employees for uniforms, | 1509 |
|
tools, equipment, and other requirements of the department and | 1510 |
|
payments for the maintenance of them. | 1511 |
| The director of administrative services may review
collective | 1512 |
| bargaining agreements entered into under Chapter 4117.
of the | 1513 |
Revised Code that cover state employees in the service of the | 1514 |
| state and determine
whether certain benefits or payments provided | 1515 |
to statethe employees
covered by those agreements should also be | 1516 |
| provided to employees in the service of the state who are
exempt | 1517 |
| from collective
bargaining coverage and are paid in accordance | 1518 |
| with section 124.152 of the
Revised Code or are listed in division | 1519 |
| (B)(2) or (4) of section
124.14 of the Revised Code. On
completing | 1520 |
| the review, the director of administrative services,
with the | 1521 |
| approval of the director of budget and management, may
provide to | 1522 |
| some or all of these employees any payment or
benefit, except for | 1523 |
|
salary, contained in such a collective bargaining agreement even | 1524 |
| if
it is similar to a
payment or benefit already provided by law | 1525 |
| to some or all of these
employees. Any payment or benefit so | 1526 |
| provided shall not exceed
the highest level for that payment or | 1527 |
| benefit specified in such a
collective bargaining agreement. The | 1528 |
| director of administrative
services shall not provide, and the | 1529 |
| director of budget and
management shall not approve, any payment | 1530 |
| or benefit to such an
employee under this division unless the | 1531 |
| payment or benefit is
provided pursuant to a collective bargaining | 1532 |
| agreement to a state
employee who is in a position with similar | 1533 |
| duties as, is supervised
by, or is employed by the same appointing | 1534 |
| authority as, the
employee to whom the benefit or payment is to be | 1535 |
| provided. | 1536 |
| (E) New employees paid in accordance with schedule B of | 1542 |
| division
(A) of this section or schedule E-1 of section 124.152 of | 1543 |
|
the Revised Code shall be employed at the minimum rate
established | 1544 |
| for the range unless otherwise provided. Employees
with | 1545 |
| qualifications that are beyond the minimum normally required
for | 1546 |
| the position and that are determined by the director to be | 1547 |
|
exceptional may be employed in, or may be transferred or promoted | 1548 |
|
to, a position at an advanced step of the range. Further, in
time | 1549 |
| of a serious labor market condition when it is relatively | 1550 |
|
impossible to recruit employees at the minimum rate for a | 1551 |
|
particular classification, the entrance rate may be set at an | 1552 |
|
advanced step in the range by the director of administrative | 1553 |
|
services. This rate may be limited to geographical regions of
the | 1554 |
| state. Appointments made to an advanced step under the
provision | 1555 |
| regarding exceptional qualifications shall not affect
the step | 1556 |
| assignment of employees already serving. However,
anytime the | 1557 |
| hiring rate of an entire classification is advanced
to a higher | 1558 |
| step, all incumbents of that classification being paid
at a step | 1559 |
| lower than that being used for hiring, shall be
advanced beginning | 1560 |
| at the start of the first pay period
thereafter to the new hiring | 1561 |
| rate, and any time accrued at the
lower step will be used to | 1562 |
| calculate advancement to a succeeding
step. If the hiring rate of | 1563 |
| a classification is increased for
only a geographical region of | 1564 |
| the state, only incumbents who
work in that geographical region | 1565 |
| shall be advanced to a higher
step. When an employee in the | 1566 |
| unclassified service changes from
one state position to another or | 1567 |
| is appointed to a position in
the classified service, or if an | 1568 |
| employee in the classified
service is appointed to a position in | 1569 |
| the unclassified service,
the employee's salary or wage in the new | 1570 |
| position shall be determined in the
same manner as if the employee | 1571 |
| were an employee in the classified service.
When an employee in | 1572 |
| the unclassified service who is not eligible for step
increases is | 1573 |
| appointed to a classification in the classified service under | 1574 |
|
which step increases are provided, future step increases shall be | 1575 |
| based on the
date on which the employee last received a pay | 1576 |
| increase. If the employee has
not received an
increase during the | 1577 |
| previous year, the date of the appointment to the
classified | 1578 |
| service shall be used to determine the employee's annual step | 1579 |
|
advancement eligibility date. In reassigning any employee to a | 1580 |
|
classification resulting in a pay range increase or
to a new pay | 1581 |
| range as a result of a promotion, an increase pay range | 1582 |
|
adjustment, or other classification change resulting in a pay | 1583 |
| range increase,
the director shall assign such employee to the | 1584 |
| step in the new pay
range that will provide an increase of | 1585 |
| approximately four per cent if the new
pay range can accommodate | 1586 |
| the increase. When an employee
is being assigned to a | 1587 |
| classification or new pay range as the result of
a class
plan | 1588 |
| change, if the employee has completed a probationary period,
the | 1589 |
| employee
shall be placed in a step no lower than step two of the | 1590 |
| new pay range. If the
employee has not completed a probationary | 1591 |
| period, the employee may be placed
in step one of the new pay | 1592 |
| range. Such new salary or wage shall become
effective on such date | 1593 |
| as the director determines. | 1594 |
| (F) If employment conditions and the urgency of the work | 1595 |
|
require such action, the director of administrative services may, | 1596 |
|
upon the application of a department head, authorize payment at | 1597 |
|
any rate established within the range for the class of work, for | 1598 |
|
work of a casual or intermittent nature or on a project basis. | 1599 |
|
Payment at such rates shall not be made to the same individual
for | 1600 |
| more than three calendar months in any one calendar year. Any such | 1601 |
| action
shall be subject to the approval of the director
of budget | 1602 |
| and management as to the availability of funds. This
section and | 1603 |
| sections 124.14 and 124.152 of the Revised Code do
not repeal any | 1604 |
| authority of any department or public official to
contract with or | 1605 |
| fix the compensation of professional persons who
may be employed | 1606 |
| temporarily for work of a casual nature or for
work on a project | 1607 |
| basis. | 1608 |
| As used in this division, "academic year" means the number
of | 1763 |
| days in each school year that the schools are required to be
open | 1764 |
| for instruction with pupils in attendance. Upon completing
an | 1765 |
| academic year, an employee paid under this division shall be | 1766 |
|
deemed to have completed one year of service. An employee paid | 1767 |
|
under this division is eligible to receive a pay supplement under | 1768 |
|
division (L)(1), (2), or (3) of section 124.181 of the Revised | 1769 |
|
Code for which the employee qualifies, but is not eligible to | 1770 |
| receive a pay
supplement under division (L)(4) or (5) of that | 1771 |
| section.
An
employee paid under this division is eligible to | 1772 |
| receive a pay
supplement under division (L)(6) of section 124.181 | 1773 |
| of the
Revised Code for which the employee qualifies, except that | 1774 |
| the supplement
is not limited to a maximum of five per cent of the | 1775 |
| employee's
regular base salary in a calendar year. | 1776 |
(B) For appointment, promotions, transfers, layoffs, | 1791 |
suspensions, reductions, reinstatements, and removals thereinin | 1792 |
| and
examinations and registrations for offices and positions in | 1793 |
the civil service of the state. Except as otherwise provided in | 1794 |
this
division, appointingAppointing authorities with officers or | 1795 |
| employees in the civil service of the state shall submit personnel | 1796 |
| action information to
the department of administrative services as | 1797 |
the director requires.
County boards of mental
retardation and | 1798 |
developmental disabilities shall be required to
submit personnel | 1799 |
action forms to the department of administrative
services only | 1800 |
when an employee is hired by a board, when a
disciplinary action | 1801 |
appealable pursuant to this chapter is taken
by a board, or when | 1802 |
the board terminates the employment of an
employee for any reason. | 1803 |
Any submittals required by this section
shall be made to the | 1804 |
county personnel department with
jurisdiction in the matter, if | 1805 |
one has been established. | 1806 |
| (B) Any examination administered under this section shall be | 1833 |
public, and be open to all citizens of the United States and those | 1834 |
|
persons who have legally declared their intentions of becoming | 1835 |
|
United States citizens, within certain limitations to be | 1836 |
determined by the director of administrative services, as to | 1837 |
|
citizenship,
age, experience, education, health,
habit,
and moral | 1838 |
character; provided any soldier, sailor, marine,
coast
guarder, | 1839 |
member of the auxiliary corps as
established by
congress,
member | 1840 |
of the army nurse corps or navy nurse corps, or
red cross
nurse | 1841 |
who has served in the army, navy, or hospital
service of the | 1842 |
United States, and such other military service as
is designated by | 1843 |
congress, including World War I, World War II,
or during the | 1844 |
period beginning May 1, 1949, and lasting so long
as the armed | 1845 |
forces of the United States are engaged in armed
conflict or | 1846 |
occupation duty, or the selective service or similar
conscriptive | 1847 |
acts are in effect in the United States, whichever
is the later | 1848 |
date,. Any person who has completed service in the uniformed | 1849 |
services, who has been honorably discharged therefromfrom the | 1850 |
| uniformed services or
transferred
to the reserve with evidence of | 1851 |
satisfactory service,
and who is a
resident of Ohio,this state | 1852 |
may file with the director of administrative
services a | 1853 |
certificate of service or honorable discharge,
whereuponand, upon | 1854 |
| this filing, the
person shall
receive additional credit of twenty | 1855 |
| per
cent of the person's
total grade given in the regular | 1856 |
examination
in which the person receives a
passing grade. Such | 1857 |
| (C) An examination
may include an evaluation of such
factors | 1862 |
| as education, training,
capacity, knowledge, manual
dexterity, and | 1863 |
physical or
psychological fitness. ExaminationsAn examination | 1864 |
|
shall consist of one or more
tests in any combination. Tests may | 1865 |
|
be written, oral, physical,
demonstration of skill, or an | 1866 |
|
evaluation of training and
experiences and shall be designed to | 1867 |
|
fairly test the relative
capacity of the persons examined to | 1868 |
|
discharge the particular
duties of the position for which | 1869 |
appointment is sought. WhereTests may include structured | 1870 |
| interviews, assessment centers, work simulations, examinations of | 1871 |
| knowledge, skills, and abilities, and any other acceptable testing | 1872 |
| methods. If
minimum or maximum requirements are
established for | 1873 |
| any
examination, they shall be specified in the
examination | 1874 |
|
announcement. | 1875 |
| (E) Except as otherwise provided in sections 124.01 to 124.64 | 1884 |
|
of
the Revised Code, the director of administrative services shall | 1885 |
|
give reasonable notice
of the time, place, and general scope of | 1886 |
|
every competitive examination for appointment to a position in
the | 1887 |
civil service. The director of
administrative services shall send | 1888 |
written, printed, or electronic notices
of
every examination ofto | 1889 |
| be conducted in
the state classified service to each agency of the | 1890 |
| type
the
director of job and family services specifies and, in the | 1891 |
| case of
a county
in which no such agency is located, to the clerk | 1892 |
| of the
court of common pleas
of
that county and to the clerk of | 1893 |
each city
oflocated within
that county. SuchThose notices, | 1894 |
promptly upon receipt, shall be
posted in conspicuous
public | 1895 |
places in the designated agencies
andor
the courthouse, and city | 1896 |
hall of the
cities, of the counties in
which no suchdesignated | 1897 |
agency is located. Such
notices shall be postedfor at least two | 1898 |
| weeks preceding any examination involved, and in
a conspicuous | 1899 |
| place in the office of
the director of
administrative services for | 1900 |
at least two weeks beforepreceding
any
examination involved. In | 1901 |
case of examinations limited by the director
of
administrative | 1902 |
services to a district, county, city, or
department,
the director | 1903 |
of administrative services shall provide
by rule for adequate | 1904 |
publicity
of such examinationsan examination in the
district, | 1905 |
| county, city, or department within which
competition is
permitted. | 1906 |
Sec. 124.26. (A) Except as provided in divisions (B) and
(C) | 1907 |
of this section, fromFrom the returns of the examinations, the | 1908 |
|
director of administrative services shall prepare an eligible
list | 1909 |
|
of the persons whose general average standing upon
examinations | 1910 |
for
suchthe grade or class is not less than the minimum
fixed by | 1911 |
the rules of the director, and who are otherwise
eligible; and | 1912 |
such. Those persons shall take rank upon the eligible list
as | 1913 |
|
candidates in the order of their relative excellence as
determined | 1914 |
|
by the examination without reference to priority of
the time of | 1915 |
examination.
In the eventIf two or more applicants
receive the | 1916 |
|
same mark in an open competitive examination,
priority in the time | 1917 |
|
of filing the application with the director
shall determine the | 1918 |
order in which their names shall be placed on
the eligible list; | 1919 |
provided,
except that applicants eligible for
veteran's preference | 1920 |
|
under section 124.23 of the Revised Code
shall receive priority in | 1921 |
|
rank on the eligible list over
nonveterans on the list with a | 1922 |
|
rating equal to that of the
veteran. Ties among veterans shall be | 1923 |
decided by priority of
filing the application.
In the event ofIf | 1924 |
two or more applicants
receivingreceive the same mark on a | 1925 |
|
promotional examination, seniority
shall determine the order in | 1926 |
|
which their names shall be placed on
the eligible list. The term | 1927 |
|
of eligibility of each list shall be
fixed by the director at not | 1928 |
less than one noror more than two
years.
When | 1929 |
| Sec. 124.27. (A) The head of a department, office, or | 1939 |
|
institution, in which a position in the classified service is to | 1940 |
|
be filled, shall notify the director of administrative services
of | 1941 |
|
the fact, and the director shall, except as otherwise provided
in | 1942 |
|
this section and sections 124.30 and 124.31 of the Revised
Code, | 1943 |
|
certify to the appointing authority the names and addresses
of the | 1944 |
|
ten candidates standing highest on the
eligible list for the class | 1945 |
or grade to which the position belongs; provided, except
that the | 1946 |
| director
may certify less than ten names if
ten names are not | 1947 |
| available.
When less than ten names
are certified to an appointing | 1948 |
| authority,
appointment from that
list shall not be
mandatory. When | 1949 |
| a
position in the classified service in the
department of mental | 1950 |
|
health or the department of mental
retardation and developmental | 1951 |
|
disabilities is to be filled, the
director of administrative | 1952 |
|
services shall make such certification
to the appointing authority | 1953 |
|
within seven working days of the date
the eligible list is | 1954 |
|
requested. | 1955 |
| (B) The appointing authority shall notify the director of | 1956 |
sucha
position in the classified service to be filled, and the | 1957 |
appointing authority shall
fill suchthe vacant position by | 1958 |
| appointment of one of the ten persons
certified by the
director. | 1959 |
If more than one position is to be
filled, the director of | 1960 |
administrative services may certify a
group of names from the | 1961 |
|
eligible list, and the appointing authority
shall appoint in the | 1962 |
following manner: Beginningbeginning at the top of
the list, each | 1963 |
| time a
selection is made, it must be from one of the
first
ten | 1964 |
| candidates remaining on the list who is willing to
accept | 1965 |
|
consideration for the position. If an eligible list
becomes | 1966 |
|
exhausted, and until a new list can be created, or when no | 1967 |
eligible list for sucha position exists, names may be certified | 1968 |
|
from eligible lists most appropriate for the group or class in | 1969 |
|
which the position to be filled is classified. A person
who is | 1970 |
| certified
from an eligible list more than three times to the same | 1971 |
appointing
authority for the same or similar positions, may be | 1972 |
omitted from
future certification to suchthat appointing | 1973 |
| authority,
provided that
certification for a temporary appointment | 1974 |
shall not
be counted as
one of suchthose certifications. Every | 1975 |
soldier, sailor,
marine, coast
guarder, member of the auxiliary | 1976 |
corps as
established by congress,
member of the army nurse corps, | 1977 |
or navy
nurse corps, or red cross
nurse who has served in the | 1978 |
army, navy,
or hospital service of the
United States, and such | 1979 |
other military
service as is designated by
congress in the war | 1980 |
with Spain,
including the Philippine
insurrection and the Chinese | 1981 |
relief
expedition, or from April 21,
1898, to July 4, 1902, World | 1982 |
War I,
World War II, or during the
period beginning May 1, 1949, | 1983 |
and
lasting so long as the armed
forces of the United States are | 1984 |
engaged in armed conflict or
occupation duty, or the selective | 1985 |
service or similar conscriptive
acts are in effect in the United | 1986 |
States, whichever is the later
date, who has been honorably | 1987 |
discharged or separated under
honorable conditions therefrom, | 1988 |
| person who qualifies for veteran's
preference under section 124.23 | 1989 |
| of the Revised Code, who
is a resident of this state,
and whose | 1990 |
name is on the
eligible list for
a position, shall be
entitled to | 1991 |
| preference in original
appointments to any such
competitive | 1992 |
position in the civil
service of the state and theits
civil | 1993 |
divisions thereof, over all other
persons eligible for suchthose | 1994 |
appointments and standing on the relevant eligible list
therefor, | 1995 |
with a rating
equal to that of each suchthe person qualifying for | 1996 |
| veteran's preference.
Appointments to all positions
in the | 1997 |
| classified service, that are
not filled by promotion,
transfer, or | 1998 |
| reduction, as provided in
sections 124.01 to 124.64
of the Revised | 1999 |
| Code and the rules of
the director prescribed under
those | 2000 |
| sections, shall be made only
from those persons whose names
are | 2001 |
| certified to the appointing
authority, and no employment,
except | 2002 |
| as provided in those
sections, shall be otherwise given in
the | 2003 |
| classified service of
this state or any political subdivision
of | 2004 |
| the state. | 2005 |
| (C) All original and promotional appointments, including | 2006 |
provisional appointments made pursuant to section 124.30 of the | 2007 |
|
Revised Code, shall be for a probationary period, not less than | 2008 |
|
sixty days nor more than one year, to be fixed by the rules of
the | 2009 |
|
director, except as provided in section 124.231 of the
Revised | 2010 |
Code, orand except for original appointments to a police | 2011 |
department as a
police officer, or to a fire department
as a | 2012 |
firefighter which
shall be for a probationary
period of one year, | 2013 |
and no. No
appointment
or promotion is final until the
appointee | 2014 |
has satisfactorily
served the probationary period. Service as a | 2015 |
provisional employee
in the same or similar class shall be | 2016 |
included in the probationary
period. If the service of the | 2017 |
| probationary
employee is
unsatisfactory, the employee may be | 2018 |
| removed or
reduced at any time
during the probationary period. If | 2019 |
the appointing
authority's
decision isauthority decides to
remove | 2020 |
the appointeea probationary employee in the service of the state, | 2021 |
the appointing authority's
communication to the directorauthority | 2022 |
shall
indicatecommunicate to the director the reason for that | 2023 |
|
decision. A
probationary employee duly removed or reduced in | 2024 |
|
position for unsatisfactory
service does not have the right to | 2025 |
|
appeal the removal or reduction under
section 124.34 of the | 2026 |
|
Revised Code. | 2027 |
| Sec. 124.271. Any employee in the classified service of the | 2028 |
|
state or any
county, city, city health district, general health | 2029 |
district, or
city school
district who is appointed provisionally | 2030 |
to fill a vacancy and whoposition under section 124.30 of the | 2031 |
| Revised Code, and either demonstrates merit and fitness for the | 2032 |
| position by successfully completing the probationary period for | 2033 |
the position or
remains in provisional status in the same | 2034 |
classification or classification
seriesposition for a period of | 2035 |
two yearssix months of
continuous service, during which period no | 2036 |
competitive
examination is held, becomeswhichever period is | 2037 |
| longer, shall become a permanent appointee in the classified | 2038 |
service
at the
conclusion of such two-yearthat period. | 2039 |
| (1) Whenever there are urgent reasons for filling a
vacancy | 2042 |
|
in any position in the classified service and the
director of | 2043 |
|
administrative services is unable to certify to the
appointing | 2044 |
authority, upon
requisition by the latterits request, a list of | 2045 |
persons eligible for appointment to
suchthe position after a | 2046 |
competitive examination, the appointing authority may
nominate a | 2047 |
person to the director forfill the position by noncompetitive | 2048 |
examination, and if
such nominee is certified by the director as | 2049 |
qualified
after
such
noncompetitive examination, the nominee may | 2050 |
be
appointed
provisionally to
fill
such vacancy until a selection | 2051 |
and appointment can be made
after competitive examination; but | 2052 |
such provisional appointment
shall continue in force only
until a | 2053 |
regular appointment can be
made from eligible lists
prepared by | 2054 |
the director
and such
eligible lists shall be
prepared within six | 2055 |
months, provided that
an examination for the
position must be held | 2056 |
within the six-month
period from the date of
such provisional | 2057 |
appointment. In the
case of
provisional
appointees in county | 2058 |
departments of
job and family services and in
the
department of | 2059 |
job and family services and department of
health, if the
salary is | 2060 |
paid in whole or in part from federal
funds,
such eligible lists | 2061 |
shall be prepared within six
months, provided that
an examination | 2062 |
for the position must be held
within the six-month
period from the | 2063 |
date of
such provisional
appointment.
In case of
an emergency, an | 2064 |
| A temporary appointment may be made without
regard to the | 2065 |
rules of sections 124.01 to 124.64 of the Revised
Code, but in no | 2066 |
case
to. Except as otherwise provided in this division, the | 2067 |
temporary appointment may not continue longer than
thirtyone | 2068 |
| hundred twenty days, and in no case shall
successive temporary | 2069 |
appointments be made.
Interim orA temporary
appointments, made | 2070 |
| appointment longer than one hundred twenty days may be made if | 2071 |
| necessary by reason
of sickness, disability,
or other approved | 2072 |
leave of absence of
regular officers or
employees shall, in which | 2073 |
case it may continue only during
suchthe
period of sickness, | 2074 |
|
disability, or other approved leave of
absence, subject to
the | 2075 |
rules
to be provided for byof the
director. | 2076 |
| (2) In case of a vacancy in a position in the classified | 2077 |
|
service where peculiar and exceptional qualifications of a | 2078 |
|
scientific, managerial, professional, or educational character
are | 2079 |
|
required, and upon satisfactory evidence that for specified | 2080 |
reasons competition in
suchthis special case is impracticable and | 2081 |
|
that the position can best be filled by a selection of some | 2082 |
designated person of high and recognized attainments in
suchthose | 2083 |
|
qualities, the director may suspend the provisions of sections | 2084 |
124.01 to 124.64 of the Revised Code, requiringthat require | 2085 |
competition in
suchthis special case, but no suspension shall be | 2086 |
general in its application,
and all. All such cases of suspension | 2087 |
|
shall be reported in the annual
report of the director with the | 2088 |
reasons for
theeach suspension. The director
shall suspend the | 2089 |
|
provisions when the director of job and family services
provides | 2090 |
the
director certification under section 5101.051 of the Revised | 2091 |
|
Code that a
position with the department of job and family | 2092 |
|
services can best be filled if
the provisions are suspended. | 2093 |
| Sec. 124.31. (A) Vacancies in positions in the classified | 2113 |
|
service shall be filled insofar as practicable by promotions.
The | 2114 |
|
director of administrative services shall provide in the | 2115 |
|
director's rules for keeping a record of efficiency for each | 2116 |
|
employee in
the classified civil service of the state,
and for | 2117 |
| making promotions in
the classified civil
service of the state on | 2118 |
the basis of merit, to be ascertained
as
farinsofar as | 2119 |
|
practicable by promotional examinations, by conduct
and capacity | 2120 |
in office, and by seniority in service, and. The
director shall | 2121 |
| provide that
vacancies in positions in the classified civil | 2122 |
| service of the state shall be filled by promotion
in all cases | 2123 |
| where, in the
judgment of the director, it is for the
best | 2124 |
| interest of the
service.
The director's rules shall authorize
each | 2125 |
| appointing authority of a county to develop and administer in
a | 2126 |
| manner it devises, an evaluation system for the employees it | 2127 |
|
appoints. | 2128 |
| (B) All examinations for promotions shall be competitive
and | 2129 |
|
may be conducted in the same manner as examinations
described in | 2130 |
|
section 124.23 of the Revised Code. In promotional examinations, | 2131 |
|
seniority in service shall be added to the examination grade, but | 2132 |
|
no credit for seniority or any other reason shall be
added to an | 2133 |
|
examination grade unless the applicant achieves at
least the | 2134 |
minimum passing score on the examination without
counting
such | 2135 |
| that extra credit. Credit for seniority shall equal,
for the
first | 2136 |
| four years of service, one per cent of the total
grade
attainable | 2137 |
| in the promotion examination, and, for each of
the
fifth through | 2138 |
| fourteenth years of service, six-tenths per
cent of
the total | 2139 |
| grade attainable. | 2140 |
(B) Any person holding an office or position underin the | 2167 |
|
classified service who has been separated from the service
without | 2168 |
delinquency or misconduct on the person's part may,
with the | 2169 |
consent of the director, be reinstated within one year from the | 2170 |
date of suchthat separation to a vacancy in the same or similar | 2171 |
office
or in a similar position in the same department; provided, | 2172 |
| except that a person in the classified service of the state only | 2173 |
| may be reinstated with the consent of the director of | 2174 |
administrative services. But, if suchthat
separation
is due to | 2175 |
injury or physical or psychiatric disability, suchthe person | 2176 |
shall be
reinstated toin the same office held or in a similar | 2177 |
| position to that
held at the time
of separation, within thirty | 2178 |
days after
written application for
reinstatement and after | 2179 |
passing, if the person passes a
physical or psychiatric | 2180 |
| examination made by a
licensed physician,
a
physician assistant, a | 2181 |
|
clinical nurse
specialist, a certified
nurse practitioner, or a | 2182 |
|
certified
nurse-midwife
showing that the
person has recovered from | 2183 |
suchthe injury or physical or psychiatric
disability,
provided | 2184 |
further that
suchif the application for
reinstatement beis filed | 2185 |
within threetwo years
from the date of
separation, and further | 2186 |
provided that suchif the
application shallis not
be filed after | 2187 |
| the date
of service
eligibility retirement.
The
physician, | 2188 |
| physician assistant,
clinical nurse
specialist,
certified nurse | 2189 |
|
practitioner, or
certified nurse-midwife shall be
designated by | 2190 |
|
the appointing
authority and shall complete any
written | 2191 |
| documentation of the
physical or psychiatric examination. | 2192 |
| (B)(1) Employees may be laid off as a result of a lack of | 2198 |
|
funds within an appointing authority. For appointing authorities
| 2199 |
| that employ persons whose salary or wage is paid by warrant of
the | 2200 |
| director of budget and management, the director of budget and | 2201 |
| management shall
be responsible for determining, consistent with | 2202 |
| the rules adopted under division (B)(3) of this section, whether a | 2203 |
| lack of funds exists.
For appointing authorities that employ | 2204 |
| persons whose
salary or wage is paid other than by warrant of the | 2205 |
| director of budget and management, the appointing authority itself | 2206 |
| shall determine whether a
lack of funds exists and shall file a | 2207 |
| statement of rationale and
supporting documentation with the | 2208 |
| director of administrative
services prior to sending the layoff | 2209 |
| notice. | 2210 |
| (2) As used in this division, a "lack of funds" means an | 2211 |
| appointing authority has a current
or projected deficiency of | 2212 |
| funding to maintain current, or to
sustain projected, levels of | 2213 |
| staffing and operations. This
section does not require any | 2214 |
| transfer of money between funds in
order to offset a deficiency or | 2215 |
projected deficiency of federal
funding for a programprograms | 2216 |
| funded by the federal government, special revenue accounts, or | 2217 |
| proprietary accounts. Whenever a
program receives funding through | 2218 |
| a grant or similar mechanism, a
lack of funds shall be presumed | 2219 |
| for the positions assigned to and
the employees who work under the | 2220 |
| grant or similar mechanism if,
for any reason, the funding is | 2221 |
| reduced or withdrawn. | 2222 |
A laid-off employee in the classified service has the right | 2383 |
to displace an employee with the fewest retention points in the | 2384 |
classification that the laid-off employee held immediately prior | 2385 |
to holding the classification from which the employee was
laid | 2386 |
off, if the
laid-off employee was certified in the former | 2387 |
classification. If
a position in that classification does not | 2388 |
exist, the
employee may displace employees in the classification | 2389 |
that the
employee
next previously held, and so on, subject to the | 2390 |
same provisions.
The, except that the employee may not displace | 2391 |
| employees in a classification if
the employee does not meet the | 2392 |
| minimum qualifications of the
classification or if the employee | 2393 |
last held the classification more
than fivethree years prior to | 2394 |
the date on which the employee was laid
off, except that failure | 2395 |
to meet minimum qualifications shall not
prevent the employee from | 2396 |
displacing employees in the
classification that the employee next | 2397 |
previously held within
that five-year
period. | 2398 |
| (C) Each laid-off or displaced employee, in addition to | 2551 |
|
reinstatement rights within the employee's appointing authority, | 2552 |
shall havehas the right to reemployment with any other agencies | 2553 |
within
the layoff jurisdictionstate agency, board, commission, or | 2554 |
| independent institution described in division (B)(1) of section | 2555 |
124.326 of the Revised Code, if the employee is qualified to | 2556 |
perform
the
duties of the positionmeets all applicable | 2557 |
|
position-specific minimum qualifications
developed by the other | 2558 |
|
agency, board, commission, or independent
institution and reviewed | 2559 |
|
for validity by the department of
administrative services or, in | 2560 |
| the absence of position-specific minimum qualifications so | 2561 |
| developed and reviewed, meets the qualifications described in the | 2562 |
| applicable classification, but only in the same classification | 2563 |
|
from
which the employee was initially laid off or displaced. | 2564 |
|
Layoff
lists for each appointing authority must be exhausted | 2565 |
before
jurisdictionalother jurisdiction reemployment layoff lists | 2566 |
| are used. | 2567 |
| No employee shall be temporarily transferred more than once | 2606 |
|
during any six-month period without the approval of the director | 2607 |
of administrative services, who, if the employee is in the service | 2608 |
| of the state, or otherwise without the approval of a commission. | 2609 |
The director, by rule, shall set
guidelines in his rules
and | 2610 |
regulations concerning procedures to be followed by all
appointing | 2611 |
| authorities when making a temporary transfer and list
those | 2612 |
| classifications where the nature of the employment is such
that | 2613 |
| systematic changes in the location of an employee's work | 2614 |
|
assignments are necessary for the efficient operation of an | 2615 |
|
office, department, or institution. | 2616 |
| If the director or a commission approves a second temporary | 2617 |
| transfer within
any six-month period and the employee objects to | 2618 |
the transfer
because hethe employee does not hold a position | 2619 |
listed in the
director's rules and regulations as one requiring | 2620 |
| systematic changes in
the
employee's work assignment or because it | 2621 |
| is not necessary for the
efficient operation of the office, | 2622 |
department, or institution,
the employee may appeal suchthat | 2623 |
| transfer to the state personnel
board of review. If the board | 2624 |
| finds that the position held by
the employee is not by its nature | 2625 |
| subject to systematic changes
or that a temporary transfer is not | 2626 |
| necessary for the efficient
operation of the office, department, | 2627 |
| or institution, it shall not
approve the transfer. If the board | 2628 |
| finds that the temporary
transfer is necessary for the efficient | 2629 |
| operation of the office,
department, or institution or that the | 2630 |
| position is by its nature
subject to systematic changes, it shall | 2631 |
| approve the transfer. | 2632 |
An appointing authority may, with the approval of the | 2639 |
|
director of administrative services, if the employee is in the | 2640 |
| service of the state, or otherwise with the approval of a | 2641 |
| commission, may permanently transfer an
employee in the classified | 2642 |
civil service of the state from histhe
employee's original | 2643 |
| position to a similar position in another office,
department, or | 2644 |
|
institution. For purposes of this section, a "permanent transfer | 2645 |
is" means any transfer in excess of thirty days unless the | 2646 |
| employee and
the employer agree to a longer period not to exceed | 2647 |
| ninety days.
The appointing authority requesting the permanent | 2648 |
| transfer shall
notify the employee and the director or commission | 2649 |
| in writing of the request to
transfer. If the director or | 2650 |
| commission determines that the transfer is not
necessary for the | 2651 |
efficient operation of the office, department,
or institution, he | 2652 |
| the director or commission shall not approve the transfer
and | 2653 |
| shall
notify the appointing authority and the employee in writing | 2654 |
that
transfer is not approved. If hethe director or commission | 2655 |
| finds that the
transfer is
necessary for the efficient operation | 2656 |
of the office, department,
or institution, hethe director or | 2657 |
| commission shall notify the appointing
authority and the
employee | 2658 |
involved in the request for transfer, in writing, that
the | 2659 |
transfer is approved, including in suchthat notification a | 2660 |
|
statement whether the transfer will require a permanent change of | 2661 |
|
residence for the employee. | 2662 |
| In such an appeal, the appointing authority of the office, | 2680 |
|
department, or institution receiving the employee shall be | 2681 |
|
required to show that the permanent transfer is necessary for the | 2682 |
|
efficient operation of the office, department, or institution.
If | 2683 |
| the state personnel board of review finds that the transfer is | 2684 |
|
necessary for the efficient operation of the office, department, | 2685 |
or institution, and if the employee is transferred, the appointing | 2686 |
|
authority of the office, department, or institution receiving the | 2687 |
employee shall reimburse suchthe employee for the actual and | 2688 |
necessary expenses of moving to histhe new location and shall
pay | 2689 |
|
the employee a per diem allowance not to exceed thirty days for | 2690 |
living expenses until histhe employee's residence can be moved
to | 2691 |
| the new
location. | 2692 |
| Sec. 124.34. (A) The tenure of every officer or employee in | 2701 |
|
the classified service of the state and the counties, civil | 2702 |
|
service townships, cities, city health districts, general health | 2703 |
|
districts, and city school districts of the state, holding a | 2704 |
|
position
under this chapter, shall be during good
behavior and | 2705 |
efficient service. No
such officer
or employee shall be reduced
in | 2706 |
| pay or position, fined, suspended, or removed,
or have the | 2707 |
|
officer's or employee's longevity reduced or eliminated,
except as | 2708 |
|
provided in section 124.32 of the Revised Code, and for | 2709 |
|
incompetency, inefficiency, dishonesty, drunkenness, immoral | 2710 |
|
conduct, insubordination, discourteous treatment of the public, | 2711 |
|
neglect of duty, violation of any policy or work rule of the | 2712 |
| officer's or employee's appointing authority, violation of this | 2713 |
| chapter or the rules of the
director of administrative services or | 2714 |
| the commission, any
other
failure of good behavior, any other acts | 2715 |
| of misfeasance,
malfeasance, or nonfeasance in office, or | 2716 |
conviction of a
felony.
AnThe denial of a one-time pay supplement | 2717 |
| or a bonus to an
officer or employee is not a reduction in pay for | 2718 |
| purposes of this
section. | 2719 |
| Conviction of a felony is a separate basis for reducing in | 2738 |
|
pay or
position, suspending, or removing an officer or employee, | 2739 |
|
even if the officer
or employee has already been reduced in pay or | 2740 |
|
position, suspended, or removed
for the same conduct that is the | 2741 |
|
basis of the felony. An officer or employee
may not appeal to the | 2742 |
|
state
personnel board of review or the commission any disciplinary | 2743 |
|
action taken by
an appointing authority as a result of the | 2744 |
|
officer's or employee's conviction
of a felony. If an officer or | 2745 |
|
employee removed under this section is
reinstated as a result of | 2746 |
|
an appeal of the removal, any conviction of a felony
that occurs | 2747 |
|
during the pendency of the appeal is a basis for
further | 2748 |
|
disciplinary action under this section upon the officer's or | 2749 |
|
employee's reinstatement. | 2750 |
| (B) In case of a reduction,
a suspension of forty or more | 2779 |
|
work hours in the case of an employee exempt from the payment of | 2780 |
overtime compensation, a suspension of
more than
three
working | 2781 |
daystwenty-four or more work hours in the case of an employee | 2782 |
|
required to
be paid overtime compensation,
a fine of forty or more | 2783 |
|
hours'
pay in the case of an employee exempt from the payment of | 2784 |
overtime
compensation, a fine
in excess of
three days'twenty-four | 2785 |
|
or more hours'
pay
in the case of an employee required to be paid | 2786 |
|
overtime
compensation, or
removal, except for the reduction or | 2787 |
|
removal of a
probationary
employee, the
appointing authority shall | 2788 |
|
serve the
employee with a copy of the order of reduction, fine, | 2789 |
|
suspension,
or removal, which order shall state the reasons for | 2790 |
the
action.
The
order shall be filed with the director of | 2791 |
administrative
services
and state personnel board of review, or | 2792 |
the commission,
as may be
appropriate. | 2793 |
| Within ten days following the date on which the order
is | 2794 |
|
served or, in the case of an employee in the career professional | 2795 |
|
service of the department of transportation, within ten days | 2796 |
|
following the
filing of a removal order, the employee, except as | 2797 |
|
otherwise
provided in this
section, may
file an
appeal of the | 2798 |
|
order in writing with the
state personnel
board of
review or the | 2799 |
|
commission. For purposes of
this section,
the date
on which an | 2800 |
|
order is served is the date of hand
delivery
of the
order or the | 2801 |
|
date of delivery of
the order by certified
United
States mail, | 2802 |
whichever occurs
first. If
such an appeal is
filed,
the board or | 2803 |
|
commission shall forthwith notify the
appointing
authority
and | 2804 |
|
shall hear, or appoint a trial board to
hear, the
appeal within | 2805 |
|
thirty
days from and after its filing with
the board
or | 2806 |
commission, and it. The board, commission, or trial board may | 2807 |
|
affirm, disaffirm, or modify
the
judgment of the appointing | 2808 |
|
authority.
However, in an appeal of a removal order based upon a | 2809 |
|
violation of a last chance agreement, the board, commission, or | 2810 |
|
trial board may only determine if the employee violated the | 2811 |
|
agreement and thus affirm or disaffirm the judgment of the | 2812 |
|
appointing authority. | 2813 |
| (C) In the case of the suspension for any period of time, or | 2822 |
a fine,
demotion, or removal, of a chief of police
or, a chief of | 2823 |
|
a fire
department, or any member of the police or fire department | 2824 |
|
of a
city or civil service township, who is in the classified | 2825 |
civil service, the appointing authority
shall
furnish
suchthe | 2826 |
chief or member
of a department with a copy
of the
order of | 2827 |
|
suspension, fine, demotion, or removal, which
order
shall
state | 2828 |
|
the reasons for the action.
The order shall be
filed with the | 2829 |
|
municipal or civil service township civil service
commission.
| 2830 |
Within ten days following the filing of the order,
suchthe chief | 2831 |
or
member
of a department may file an appeal, in
writing, with the | 2832 |
municipal or civil service township civil
service commission. If | 2833 |
such an
appeal is filed, the commission
shall
forthwith notify the | 2834 |
|
appointing authority and shall hear, or
appoint a
trial board to | 2835 |
|
hear, the appeal within thirty days from
and
after its filing with | 2836 |
|
the commission, and it may affirm,
disaffirm, or modify the | 2837 |
|
judgment of the appointing authority. An
appeal on
questions of | 2838 |
law and fact may be had from the
decision
of the
municipal or | 2839 |
civil service township civil service
commission to the court of | 2840 |
common pleas in the county in which
suchthe city or civil service | 2841 |
township is situated.
SuchThe
appeal
shall be taken within thirty | 2842 |
|
days from the finding of the
commission. | 2843 |
| If the employee reasonably believes that a violation or | 2862 |
|
misuse of public resources is a criminal offense, the employee,
in | 2863 |
|
addition to or instead of filing a written report with the | 2864 |
|
supervisor or appointing authority, may report it to a
prosecuting | 2865 |
|
attorney, director of law, village solicitor, or
similar chief | 2866 |
|
legal officer of a municipal corporation, to a
peace officer, as | 2867 |
|
defined in section 2935.01 of the Revised Code,
or, if the | 2868 |
|
violation or misuse of public resources is within the
jurisdiction | 2869 |
|
of the inspector general, to the inspector general
in accordance | 2870 |
|
with section 121.46 of the Revised Code. In
addition to that | 2871 |
|
report, if the employee reasonably believes the
violation or | 2872 |
|
misuse is also a violation of Chapter 102., section
2921.42, or | 2873 |
|
section 2921.43 of the Revised Code,
the employee may report it to | 2874 |
|
the
appropriate ethics commission. | 2875 |
| (D) If an appointing authority takes any disciplinary or | 2897 |
|
retaliatory action against a classified or unclassified employee | 2898 |
|
as a result of the employee's having filed a report under
division | 2899 |
|
(A) of this section, the employee's sole and exclusive
remedy, | 2900 |
|
notwithstanding any other provision of law, is to file an
appeal | 2901 |
|
with the state personnel board of review within thirty
days after | 2902 |
|
receiving actual notice of the appointing authority's
action. If | 2903 |
|
the employee files such an appeal, the board shall
immediately | 2904 |
|
notify the employee's appointing authority and shall
hear the | 2905 |
|
appeal. The board may affirm or disaffirm the action of
the | 2906 |
|
appointing authority or may issue any other order as is | 2907 |
|
appropriate. The order of the board is appealable in accordance | 2908 |
with
the provisions of Chapter 119. of the Revised Code. | 2909 |
| Notwithstanding this section or any other section of the | 2969 |
|
Revised Code, any appointing authority of a county office, | 2970 |
|
department, commission, board, or body may, upon notification to | 2971 |
|
the board of county commissioners, establish alternative
schedules | 2972 |
| of sick leave for employees of the appointing authority
for whom | 2973 |
| the state employment relations board has not established
an | 2974 |
| appropriate bargaining unit pursuant to section 4117.06 of the | 2975 |
Revised Code, provided thatas long as the alternative schedules | 2976 |
are not
inconsistent with the provisions of aat least one | 2977 |
| collective bargaining
agreement covering other employees of that | 2978 |
| appointing authority, if such a collective bargaining agreement | 2979 |
| exists. If no such collective bargaining agreement exists, an | 2980 |
| appointing authority may, upon notification to the board of county | 2981 |
| commissioners, establish an alternative schedule of sick leave for | 2982 |
| its employees that does not diminish the sick leave benefits | 2983 |
| granted by this section. | 2984 |
| Sec. 124.384. (A) Except as otherwise provided in this | 3011 |
|
section, employees whose salaries or wages are paid by warrant of | 3012 |
|
the director of budget and management and who have accumulated | 3013 |
| sick leave under
section 124.38 or 124.382 of the Revised Code | 3014 |
| shall be paid for a
percentage of their accumulated balances, upon | 3015 |
| separation for any
reason, including death but excluding | 3016 |
| retirement,
at their last base rate of pay at
the rate of one hour | 3017 |
| of pay for every two hours of accumulated
balances. An employee | 3018 |
| who retires in accordance with any
retirement plan offered by the | 3019 |
| state shall be paid upon retirement for each
hour of the | 3020 |
| employee's accumulated sick leave balance at a rate of fifty-five | 3021 |
|
per cent of the employee's last base rate of pay. | 3022 |
| (B) Except as otherwise provided in this
division, a person | 3036 |
|
initially employed on or after July 5, 1987, by a state agency in | 3037 |
|
which the employees' salaries or wages are paid directly by | 3038 |
|
warrant of the director of budget and management shall receive | 3039 |
| payment under this
section only for sick leave accumulated while | 3040 |
| employed by state
agencies in which the employees' salaries or | 3041 |
| wages are paid
directly by warrant of the director of budget and | 3042 |
| management. A person initially
employed on or after July 5, 1987, | 3043 |
| by the state department of
education as an unclassified employee | 3044 |
| shall receive payment under
this section only for sick leave | 3045 |
| accumulated while employed by
state agencies in which the | 3046 |
| employees' salaries or wages are paid
directly by warrant of the | 3047 |
| director of budget and management and for sick leave
placed to the | 3048 |
| employee's credit under division (E)(2) of
section 124.382 of the | 3049 |
| Revised Code. | 3050 |
| (5) Provisions setting a maximum length
of benefit and | 3087 |
|
requiring that employees eligible to
apply for disability | 3088 |
|
retirement shall do so prior to completing the
first six months of | 3089 |
|
their period of disability. The director's
rules shall indicate | 3090 |
|
those
employees required to apply for disability retirement. If
an | 3091 |
|
employee is approved to receive disability retirement, the | 3092 |
|
employee shall
receive the retirement benefit and a supplement | 3093 |
|
payment that equals a
percentage of the employee's base rate of | 3094 |
|
pay and that, when
added to the retirement benefit, equals no more | 3095 |
|
than the percentage of pay
received
by employees after the first | 3096 |
six months of
disability.
SuchThis supplemental payment shall not | 3097 |
|
be considered
earnable salary, compensation, or salary, and is not | 3098 |
|
subject to
contributions, under Chapter 145., 742., 3307., 3309., | 3099 |
|
or 5505.
of the Revised Code. | 3100 |
| Sec. 124.386. (A) Each full-time permanent employee paid
in | 3155 |
| accordance with section 124.152 of the Revised Code and those | 3156 |
|
full-time permanent employees listed in divisions (B)(2) and (4) | 3157 |
| of
section 124.14 of
the Revised Code shall be credited with | 3158 |
| thirty-two hours of
personal leave each year. Each part-time | 3159 |
| permanent employee paid in
accordance with section 124.152 of the | 3160 |
| Revised Code and those part-time permanent employees
listed in | 3161 |
| divisions (B)(2) and (4) of section 124.14 of the Revised Code | 3162 |
| shall
receive a pro-rated personal leave credit as determined by | 3163 |
rule of the
director of administrative services. SuchThe credit | 3164 |
| shall be made to
each eligible employee in the first
pay the | 3165 |
| employee receives in December.
Employees, upon giving reasonable | 3166 |
| notice to the responsible
administrative officer of the appointing | 3167 |
| authority, may use
personal leave for absence due to mandatory | 3168 |
| court appearances,
legal or business matters, family emergencies, | 3169 |
| unusual family
obligations, medical appointments, weddings, | 3170 |
| religious holidays not listed
in section 124.19 of the Revised | 3171 |
| Code,
or any other matter of a personal nature. Personal leave may | 3172 |
| not be used
on a holiday when an employee is scheduled to work. | 3173 |
| (E) A full-time permanent employee who separates from
state | 3204 |
| service or becomes ineligible to be credited with leave under this | 3205 |
|
section shall receive a reduction of personal leave
credit of one | 3206 |
| and two-tenths hours for each pay period that
remains beginning | 3207 |
| with the first pay period following the date of
separation or the | 3208 |
| effective date of the employee's ineligibility until
the pay | 3209 |
| period preceding the next base pay
period. After calculation of | 3210 |
| the reduction of an employee's personal leave
credit, the employee | 3211 |
| is entitled to compensation for any remaining personal
leave | 3212 |
| credit at the employee's current base rate of pay. If the | 3213 |
|
reduction results in a number
of hours less than
zero, the cash | 3214 |
| equivalent value of such number of hours shall be
deducted from | 3215 |
| any compensation that remains payable to the
employee, or from the | 3216 |
| cash conversion value of any vacation or
sick leave that remains | 3217 |
| credited to the employee. An employee serving in a
temporary work | 3218 |
level or an interim appointment who is eligible to receive | 3219 |
|
compensation under this section shall be compensated at the base | 3220 |
| rate of pay
of the employee's normal classification. | 3221 |
| Sec. 124.388. (A) An appointing authority may, in its | 3230 |
|
discretion, place an employee on administrative
leave with pay. | 3231 |
SuchAdministrative leave
with pay is to be used only in | 3232 |
|
circumstances
where the health or safety of an employee or of any | 3233 |
|
person or
property entrusted to the employee's care could be | 3234 |
|
adversely
affected. Compensation for administrative leave
with
pay | 3235 |
| shall be equal
to
the employee's base rate of pay. The length
of | 3236 |
suchadministrative leave
with pay is
solely at the discretion
of | 3237 |
the appointing
authority,
except that
the length of the leavebut | 3238 |
| shall not
exceed the length of the
situation for which the
leave | 3239 |
| was
granted. An appointing
authority may also grant
administrative | 3240 |
|
leave
with pay of two days or less
for employees
who are moved in | 3241 |
|
accordance with section 124.33 of
the Revised
Code. | 3242 |
| Sec. 124.40. (A) The mayor or other chief appointing | 3252 |
|
authority of each city in the state shall appoint three persons, | 3253 |
|
one for a term of two years, one for
a term of four years, and one | 3254 |
|
for
a term of six
years, who shall constitute the municipal civil | 3255 |
service
commission of
suchthat city and of the city school | 3256 |
district and city
health district in which
suchthat city is | 3257 |
|
located. Each alternate
year thereafter the mayor or other chief | 3258 |
|
appointing authority
shall appoint one person, as successor of the | 3259 |
|
member whose term
expires, to serve six years. A vacancy shall be | 3260 |
filled by the
mayor or other chief appointing authority
of a city | 3261 |
|
for the
unexpired term. At the time of any appointment, not more | 3262 |
|
than
two commissioners shall be adherents of the same political | 3263 |
party.
Such | 3264 |
| The municipal civil service commission shall prescribe, | 3265 |
|
amend,
and enforce rules not inconsistent with this chapter for | 3266 |
the
classification of positions in the civil service of
suchthe | 3267 |
|
city and
city school district, and all the positions in the city | 3268 |
health
district; for examinations
for and resignations
therefor | 3269 |
| from those positions; for
appointments, promotions, removals, | 3270 |
|
transfers, layoffs,
suspensions, reductions, and reinstatements | 3271 |
thereinwith respect to those positions; and for
standardizing | 3272 |
those positions and maintaining efficiency
thereinin them. The | 3273 |
|
commission's rules shall authorize each appointing authority of a | 3274 |
|
city, city school district, or city health district to develop and | 3275 |
|
administer in a manner it devises an evaluation system for the | 3276 |
employees it appoints. The
municipal civil service commission | 3277 |
|
shall exercise all other
powers and perform all other duties with | 3278 |
respect to the civil
service of
suchthe city, city school | 3279 |
|
district, and city health
district, as prescribed in this chapter | 3280 |
|
and conferred upon the
director of administrative services and the | 3281 |
|
state personnel board
of review with respect to the civil service | 3282 |
|
of the state; and all
authority granted to the director and the | 3283 |
|
board with respect to
the service under their jurisdiction shall, | 3284 |
except as otherwise
provided by this chapter, be held to
grant the | 3285 |
same authoritybe granted to
the
municipal civil service | 3286 |
|
commission with respect to the
service under its jurisdiction.
The | 3287 |
|
procedure applicable to
reductions, suspensions, and removals,
as | 3288 |
|
provided for in section
124.34 of the Revised Code, shall
govern | 3289 |
the civil service of
cities.
The | 3290 |
If the appointing authority of any
such city fails to
appoint | 3302 |
|
a civil service commission or commissioner, as provided
by law, | 3303 |
within sixty days after
hethe appointing authority has
the power | 3304 |
|
to so appoint,
or after a vacancy exists, the state personnel | 3305 |
board of review
shall make the appointment, and
suchthe appointee | 3306 |
|
shall hold office
until the expiration of the term of the | 3307 |
appointing authority of
suchthe city. If any
such municipal
civil | 3308 |
service commission fails
to prepare and submit
such rules
andor | 3309 |
regulations in
pursuance ofaccordance with
this chapter,
the | 3310 |
board shall forthwith make
suchthose rules
or regulations.
This | 3311 |
chapter
of the Revised Code, shall in all
other respects,
except | 3312 |
as provided in this section, be in full force in
such
cities
with | 3313 |
| a civil service commission. | 3314 |
| Whenever the board has reason to believe that a municipal | 3323 |
|
civil service commission is violating or is failing to perform
the | 3324 |
duties imposed upon it by law, or that any member of
sucha | 3325 |
|
municipal civil service commission is willfully or through | 3326 |
culpable negligence violating the law or failing to perform
his | 3327 |
| official duties as a member of the commission, it shall institute | 3328 |
|
an
investigation, and if, in the judgment of the board, it finds | 3329 |
|
any
such violation or failure to perform the duties imposed by | 3330 |
law,
it shall make a report of
suchthe violation
or failure in | 3331 |
writing to the chief
executive authority of
suchthe city, which | 3332 |
|
report shall be a public
record. | 3333 |
Upon the receipt of
thea report from the board, charging
a | 3334 |
the
municipal civil service
commissionercommission with violating | 3335 |
|
or failing to
perform the duties imposed
upon it by law, or | 3336 |
| charging any member of the commission with willfully or through | 3337 |
culpable negligence violating the law
by failureor failing to | 3338 |
perform
hisofficial duties as a member of the
municipal civil | 3339 |
service commission,
along with the evidence on which the report is | 3340 |
based, the chief
executive
officerauthority of the city shall | 3341 |
|
forthwith remove the
municipal civil service commissioner
or | 3342 |
|
commissioners. In all cases of removal of
a municipal civil | 3343 |
service commissioner by the chief executive
authority of any
such | 3344 |
|
city, an appeal may be had to the court of
common pleas, in the | 3345 |
|
county in which the city is situated, to
determine the sufficiency | 3346 |
|
of the cause of removal. The appeal
shall be taken within ten
days | 3347 |
from the decision of the chief
executive authority
of the
city. | 3348 |
ShouldIf the court
disaffirmdisaffirms the
judgment of the
chief | 3349 |
executive authority, the commissioner shall
be reinstated to
his | 3350 |
the commissioner's former position
inon the
municipal civil | 3351 |
service commission.
The | 3352 |
| The mayor has the exclusive right to suspend the chief of
the | 3359 |
|
police department or the chief of the fire department for | 3360 |
|
incompetence, gross neglect of duty, gross immorality, habitual | 3361 |
drunkenness, failure to obey orders given
him by the proper | 3362 |
authority, or
for any other reasonable and just cause. If either | 3363 |
|
the chief of police or the chief of the fire department is so | 3364 |
suspended, the mayor forthwith shall certify
suchthat fact, | 3365 |
|
together
with the cause of the suspension, to the municipal civil | 3366 |
service
commission, which within. Within five days from the date | 3367 |
|
of receipt of
the notice, the commission shall proceed to hear | 3368 |
suchthe charges and render judgment
thereon, whichon them. The | 3369 |
|
judgment may affirm, disaffirm, or modify the
judgment of the | 3370 |
appointing officermayor, and an appeal may be had from
the | 3371 |
|
decision of the commission to the court of common pleas as | 3372 |
|
provided in section 124.34 of the Revised Code to determine the | 3373 |
|
sufficiency of the cause of removal. | 3374 |
(B) The board of trustees of a township
withthat has a | 3375 |
|
population
of ten thousand or more persons residing within the | 3376 |
township and
outside any municipal corporation and
whichthat has | 3377 |
|
a police or fire
department of ten or more full-time paid | 3378 |
employees may appoint
three persons
who shallto constitute the | 3379 |
|
township civil service
commission. Of the initial appointments | 3380 |
|
made to the commission,
one shall be for a term ending two years | 3381 |
|
after the date of
initial appointment, one shall be for a term | 3382 |
|
ending four years
after that date, and one shall be for a term | 3383 |
|
ending six years
after that date. Thereafter, terms of office | 3384 |
|
shall be for six
years, each term ending on the same day of the | 3385 |
|
same month as did
the term which it succeeds. Each member shall | 3386 |
hold office from
the date of
his appointment until the end of the | 3387 |
term for which
hethe member was appointed. Any member appointed | 3388 |
|
to fill a
vacancy
occurring prior to the expiration of the term | 3389 |
for which
histhe
member's predecessor was appointed shall hold | 3390 |
office for the remainder of
suchthat term. Any member shall | 3391 |
continue in office subsequent to the
expiration date of
histhe | 3392 |
member's term until
hisa successor takes office, or
until a | 3393 |
|
period of sixty days has elapsed, whichever occurs first.
At the | 3394 |
|
time of any appointment, not more than two commissioners
shall be | 3395 |
|
adherents of the same political party. | 3396 |
Sec. 124.44. No positions above the rank of
patrolmanpatrol | 3413 |
|
officer
in the police department shall be filled by original | 3414 |
appointment.
Vacancies in positions above the rank of
patrolman | 3415 |
| patrol
officer
in a police department shall be filled by promotion | 3416 |
| from among
persons holding positions in a rank lower than the | 3417 |
position to be
filled.
No position above the rank of
patrolman | 3418 |
| patrol officer in
a
police department
shall be filled by any | 3419 |
person unless
hethe
person has first
passed a
competitive | 3420 |
promotional examination.
Promotion shall be by
successive ranks
so | 3421 |
farinsofar as
practicable, and no person in a police
department | 3422 |
| shall be
promoted to a position in a higher rank who
has not | 3423 |
served at
least twelve months in the next lower rank.
NoA | 3424 |
| municipal civil
service commission may require a period of service | 3425 |
| of longer than
twelve months for promotion to the rank immediately | 3426 |
| above the rank
of patrol officer. | 3427 |
If a
vacancy occurs in
thea position above the rank of | 3442 |
patrolmanpatrol officer in a police department, and there is no | 3443 |
|
eligible list
for such rank,
the municipal or civil service | 3444 |
township civil service commission
shall, within sixty days of
such | 3445 |
| that vacancy, hold a competitive
promotional examination. After | 3446 |
suchthe examination has been held
and an eligible list | 3447 |
|
established, the commission shall forthwith
certify to the | 3448 |
|
appointing officer the
name of the
person
on
the list
receiving | 3449 |
the highest rating. Upon
suchthe
certification, the
appointing | 3450 |
| officer shall appoint the
person so certified within
thirty days | 3451 |
from the date of
suchthe certification. If there is a
list, the | 3452 |
commission shall,
wherewhen there is a vacancy, immediately | 3453 |
|
certify the
name
of the
person
on the list having the highest | 3454 |
rating,
and the
appointing authority shall appoint
suchthat | 3455 |
person within thirty days
from the date of
suchthe
certification. | 3456 |
| When a vacancy occurs in the promoted rank immediately
above | 3467 |
the rank of regular
firemanfire fighter, no person shall
be | 3468 |
eligible to
take the examination unless
hethe person has served | 3469 |
twenty-fourforty-eight
months, not including the person's | 3470 |
probationary period, in
the rank of regular
firemenfire fighter, | 3471 |
provided
that, in those
cases
wherewhen there
are less than two | 3472 |
persons in the rank of regular
firemenfire
fighter who have | 3473 |
served
twenty-fourforty-eight months
therein, not including the | 3474 |
|
person's probationary period, in that rank and
who are willing to | 3475 |
take
the examination,
the twenty-four monththis service | 3476 |
|
requirement does not
apply. | 3477 |
| When a vacancy occurs in a promoted rank, other than the | 3478 |
promoted rank immediately above the rank of regular
firemanfire | 3479 |
|
fighter, no person shall be eligible to take the examination | 3480 |
unless
hethe person has served twelve months in the rank from | 3481 |
|
which
the promotion is to
be made, provided
that, in those cases | 3482 |
wherewhen there are less than two
persons in
suchthat next lower | 3483 |
rank who have served twelve months
thereinin that rank and
who | 3484 |
are willing to take the examination, the
twelve months | 3485 |
| twelve-month
service requirement shall not apply. If the | 3486 |
|
nonapplication of
the twelve-month service requirement to persons | 3487 |
|
in the next lower
rank does not produce two persons eligible and | 3488 |
willing to
compete,
then the same method shall be followed by | 3489 |
|
going to
successively lower ranks until two or more persons are | 3490 |
|
eligible
and willing to compete in an examination for the vacancy. | 3491 |
In the
eventIf this process of searching successively lower ranks | 3492 |
reaches
the rank of regular
firemanfire fighter, the
twenty-four | 3493 |
| forty-eight-month
service
requirement applies, provided
that, in | 3494 |
those cases
where suchwhen that
application still fails to | 3495 |
produce two persons who are eligible
and willing to compete,
said | 3496 |
twenty-fourthe forty-eight-month service
requirement does not | 3497 |
apply.
In the eventIf two persons are
unwilling to compete for | 3498 |
suchthe examination,
then the one person
who is willing to | 3499 |
|
compete shall be appointed to fill the vacancy
after passing a | 3500 |
|
qualifying examination. | 3501 |
After a promotional examination has been held and prior to | 3539 |
the grading of such examination papers, each participant in said | 3540 |
promotional examination shall have a period of five days, | 3541 |
exclusive of Saturdays, Sundays, and holidays, to inspect the | 3542 |
questions, the rating keys or answers to the examination and to | 3543 |
file any protest he may deem advisable. These protests shall be
in | 3544 |
writing and shall remain anonymous to the commission. All
protests | 3545 |
with respect to rating keys or answers shall be
determined by the | 3546 |
commission within a period of not more than
five
days, exclusive | 3547 |
of Saturdays, Sundays, and holidays, and its
decision shall be | 3548 |
final. If the commission finds an error in the
rating key or | 3549 |
answer, it shall publish a revised rating key
within
five days of | 3550 |
its finding of such error or errors. The
revised
rating key or | 3551 |
answer shall then be available to
participants for a
period of | 3552 |
five days, exclusive of Saturdays,
Sundays, and
holidays, | 3553 |
subsequent to such determination of error
or errors. | 3554 |
| Sec. 124.48. Whenever a vacancy occurs in a promoted rank
in | 3587 |
a fire department and no eligible list for
suchthat rank exists, | 3588 |
|
the
appointing authority shall certify the fact to the civil | 3589 |
service
commission, and the. The civil service commission
shall, | 3590 |
within
sixty days of
suchthe vacancy, shall conduct a competitive | 3591 |
promotional
examination. After
suchthe examination has been
held, | 3592 |
an eligible
list shall be established
within twenty days of
the | 3593 |
final date,of the revised rating key or answer inspection
date, | 3594 |
| and the civil
service commission shall certify to the
appointing | 3595 |
| authority the
name of the
person
on
the list receiving the highest | 3596 |
grade. Upon
suchthe
certification, the appointing authority shall | 3597 |
| appoint the
person
so certified within ten days. | 3598 |
| Sec. 325.19. (A)(1) The granting of vacation leave under | 3636 |
|
division (A)(1) of this section is subject to divisions (A)(2)
and | 3637 |
|
(3) of this section. Each full-time employee in the several | 3638 |
|
offices and departments of the county service, including
full-time | 3639 |
|
hourly rate employees, after service of one year with
the county | 3640 |
|
or any political subdivision of the state, shall have
earned and | 3641 |
|
will be due upon the attainment of the first year of
employment, | 3642 |
|
and annually thereafter, eighty hours of vacation
leave with full | 3643 |
|
pay. One year of service shall be computed on
the basis of | 3644 |
|
twenty-six biweekly pay periods. A full-time county
employee with | 3645 |
|
eight or more years of service with the county or
any political | 3646 |
|
subdivision of the state shall have earned and is
entitled to one | 3647 |
|
hundred twenty hours of vacation leave with full
pay. A full-time | 3648 |
|
county employee with fifteen or more years of
service with the | 3649 |
|
county or any political subdivision of the state
shall have earned | 3650 |
|
and is entitled to one hundred sixty hours of
vacation leave with | 3651 |
|
full pay. A full-time county employee with
twenty-five years of | 3652 |
|
service with the county or any political
subdivision of the state | 3653 |
|
shall have earned and is entitled to two
hundred hours of vacation | 3654 |
|
leave with full pay. Such vacation
leave shall accrue to the | 3655 |
|
employee at the rate of three and
one-tenth hours each biweekly | 3656 |
|
period for those entitled to eighty
hours per year; four and | 3657 |
|
six-tenths hours each biweekly period
for those entitled to one | 3658 |
|
hundred twenty hours per year; six and
two-tenths hours each | 3659 |
|
biweekly period for those entitled to one
hundred sixty hours per | 3660 |
|
year; and seven and seven-tenths hours
each biweekly period for | 3661 |
|
those entitled to two hundred hours per
year. | 3662 |
| (C) Days specified as holidays in section 124.19 of the | 3697 |
|
Revised Code shall not be charged to an employee's vacation
leave. | 3698 |
|
Vacation leave shall be taken by the employee during the
year in | 3699 |
|
which it accrued and prior to the next recurrence of the | 3700 |
|
anniversary date of the employee's employment, provided
that the | 3701 |
|
appointing
authority may, in special and meritorious cases, permit | 3702 |
|
such
employee to accumulate and carry over the employee's
vacation | 3703 |
|
leave to the
following year. No vacation leave shall be carried | 3704 |
|
over for more
than three years. An employee is entitled to | 3705 |
|
compensation, at
the employee's current rate of pay, for the | 3706 |
|
prorated portion
of any earned but unused vacation leave for the | 3707 |
|
current year to the employee's
credit at time of separation, and | 3708 |
|
in addition shall be compensated for any
unused vacation leave | 3709 |
|
accrued to the employee's credit, with the permission
of the | 3710 |
|
appointing authority, for the three years immediately preceding | 3711 |
|
the
last anniversary date of employment. | 3712 |
| (D)(1) In addition to vacation leave, a full-time county | 3713 |
|
employee is entitled to eight hours of holiday pay for New Year's | 3714 |
|
day, Martin Luther King day, Washington-Lincoln day, Memorial
day, | 3715 |
|
Independence day, Labor day, Columbus day, Veterans' day, | 3716 |
|
Thanksgiving day, and Christmas day, of each year. Except
as | 3717 |
|
provided in division (D)(2) of this section, holidays
shall occur | 3718 |
|
on the days specified in section 1.14 of the Revised
Code. If any | 3719 |
|
of
those holidays fall on
Saturday, the Friday immediately | 3720 |
|
preceding shall be observed as
the holiday. If any of
those | 3721 |
|
holidays
fall on Sunday, the Monday immediately succeeding shall | 3722 |
|
be
observed as the holiday. If an employee's work schedule is | 3723 |
|
other
than Monday through Friday, the employee is entitled to | 3724 |
|
holiday pay for holidays observed on the employee's day off | 3725 |
|
regardless of the
day of the week on which they are observed. | 3726 |
| (F) Notwithstanding this section or any other section of
the | 3744 |
|
Revised Code, any appointing authority of a county office, | 3745 |
|
department, commission, board, or body may, upon notification to | 3746 |
|
the board of county commissioners, establish alternative
schedules | 3747 |
|
of vacation leave and holidays for employees of the
appointing | 3748 |
|
authority for whom the state employment relations
board has not | 3749 |
|
established an appropriate bargaining unit pursuant
to section | 3750 |
4117.06 of the Revised Code,
provided thatas long as the | 3751 |
|
alternative schedules are not inconsistent with the provisions of | 3752 |
aat least one collective bargaining agreement covering other | 3753 |
|
employees of
that appointing authority, if such an agreement | 3754 |
|
exists. If no such collective bargaining agreement exists, an | 3755 |
|
appointing authority, upon notification to the board of county | 3756 |
|
commissioners, may establish an alternative schedule of vacation | 3757 |
|
leave and holidays for its employees that does not diminish the | 3758 |
|
vacation leave and holiday benefits granted by this section. | 3759 |
| Sec. 329.02. Under the control and direction of the board
of | 3788 |
|
county commissioners, the county director of job and
family | 3789 |
|
services
shall have full charge of the county department of job | 3790 |
|
and
family
services. The director shall prepare the annual budget | 3791 |
estimate of the
department and submit it to the board
of county | 3792 |
commissioners.
Before submitting the budget estimate to the board | 3793 |
of county
commissioners, the director shall consider the | 3794 |
|
recommendations of
the county family services planning
committee | 3795 |
relative to
suchthat estimate. The
director, with the approval
of | 3796 |
the board
of county commissioners,
shall appoint all necessary | 3797 |
|
assistants and superintendents of
institutions under the | 3798 |
|
jurisdiction of the department, and all
other employees of the | 3799 |
department,
exceptingexcept that the
superintendent of each such | 3800 |
institution shall appoint all
employees
thereinin it and only the | 3801 |
board
of county commissioners may
appoint administrators under | 3802 |
|
section 329.021 of the Revised Code.
Except for administrators | 3803 |
|
appointed under section 329.021 of the
Revised Code
and up to five | 3804 |
|
other administrative positions, the assistants and other employees | 3805 |
of the
department shall be in the classified civil service, and | 3806 |
|
may not
be placed in or removed to the unclassified service. If
no | 3807 |
eligible list is available,
provisionala probationary
appointment | 3808 |
shall be made
until
suchan eligible list is
available. | 3809 |
Each director appointed on or after
the effective date of | 3810 |
this amendmentOctober 5, 1987, shall be in the unclassified civil | 3811 |
service and
serve at the pleasure of the board
of county | 3812 |
commissioners. If a
person holding a classified position in the | 3813 |
department is
appointed as director on or after
the effectivethat | 3814 |
date
of this
amendment and is later removed by the board, except | 3815 |
|
for a reason
listed in section 124.34 of the Revised Code, the | 3816 |
|
person so
removed has the right to resume the position the person | 3817 |
|
held
in the classified service immediately prior to being | 3818 |
|
appointed as director, or if that position no longer exists or has | 3819 |
|
become
an unclassified position, the person shall be appointed to | 3820 |
|
a
position in the classified service that the board, with the | 3821 |
|
approval of the director of administrative services, determines
is | 3822 |
|
equivalent to the position the person held immediately prior
to | 3823 |
|
being appointed as director. | 3824 |
| (C) The board of county commissioners may appoint a person | 3867 |
| who holds a certified position in the classified service within | 3868 |
| the county department of job and family services to the position | 3869 |
| of administrator. A person appointed to the position of | 3870 |
| administrator pursuant to this division and later removed by the | 3871 |
| board retains the right to resume the position in the classified | 3872 |
| service held by that person immediately prior to being appointed | 3873 |
| to the position of administrator, except that a person first | 3874 |
| appointed to a classified position in the department on or after | 3875 |
| the effective date of this amendment shall retain the right to | 3876 |
| resume the position in the classified service for only six months | 3877 |
| after being appointed to the position of administrator. An | 3878 |
| employee forfeits the right to resume a position in the classified | 3879 |
| service when the employee is removed from the position of | 3880 |
| administrator due to incompetence, inefficiency, dishonesty, | 3881 |
| drunkenness, immoral conduct, insubordination, discourteous | 3882 |
| treatment of the public, neglect of duty, violation of any policy | 3883 |
| or work rule of the board or department, violation of Chapter 124. | 3884 |
| of the Revised Code or the rules of the director of administrative | 3885 |
| services, any other failure of good behavior, any other acts of | 3886 |
| misfeasance, malfeasance, or nonfeasance in office, or conviction | 3887 |
| of a felony. If the position the person previously held in the | 3888 |
| classified service no longer exists or has been placed in the | 3889 |
| unclassified service, the person shall be appointed to a position | 3890 |
| in the classified service of the department that is equivalent to | 3891 |
| the classified position the person previously held, as determined | 3892 |
| by the board with the approval of the director of administrative | 3893 |
| services. | 3894 |
| Sec. 1513.03. The chief of the division of
mineral resources | 3901 |
|
management shall designate certain employees of the
division as | 3902 |
|
mineral resources
inspectors for the purpose of
enforcing the coal | 3903 |
mining laws and the surface mining laws.
SuchThose
inspectors may | 3904 |
|
enter upon and inspect any
coal or surface mining operation at any | 3905 |
time, and, upon entering the
permit area
the, an inspector shall | 3906 |
|
notify the operator and shall
furnish proper identification.
After | 3907 |
|
the final maps have been
approved, the inspector shall
notify the | 3908 |
|
nearest mine office of
the operator and advise of the
inspection. | 3909 |
TheyInspectors may serve and
execute warrants and
other processes | 3910 |
|
of law issued in the
enforcement of this chapter
and Chapter 1514. | 3911 |
of the Revised Code
and
the rules adopted
thereunderunder them. | 3912 |
| Before a person, other than a person who was an inspector of | 3918 |
|
coal or surface mining operations or oil and gas operations on | 3919 |
|
July 1, 1999, is eligible
for appointment as a mineral resources | 3920 |
|
inspector, the person shall
pass an examination prepared and | 3921 |
|
administered by the department of
administrative services and | 3922 |
shall serve
in a provisional status
for a probationary period of | 3923 |
|
six months to the
satisfaction of the
chief. The chief may hire | 3924 |
provisionally, pending
the
administration of a civil service | 3925 |
examination and
establishment
of a civil service eligibility list. | 3926 |
A person
serving
in a
provisional status has, a person as a | 3927 |
|
mineral resources inspector, who shall have the
same authority as | 3928 |
a
permanently
appointedan inspector
hired from an eligible list. | 3929 |
|
This section
does not
affect the
status of any person employed as | 3930 |
|
an inspector
of coal or surface
mining operations or oil and gas | 3931 |
operations
prior to July
1, 1999, if the person is a
certified | 3932 |
employee in
the classified service of the state. | 3933 |
(D)(C) A county appointing authority with the exception of | 3962 |
|
the county department of job and family services may, by
rule or | 3963 |
|
resolution as is appropriate, indicate the authority's intention | 3964 |
not to be bound by division (B)
or (C) of this section, and to | 3965 |
|
adopt a different policy for the calculation and payment of | 3966 |
overtime than that is embodied in
those divisionsestablished by | 3967 |
| that division. Upon
adoption, the
alternative
overtime policy | 3968 |
| prevails. Prior to the
adoption of an
alternative overtime policy, | 3969 |
thea county
appointing authority with
the exception of the county | 3970 |
| department
of job and family
services shall
give a written notice | 3971 |
| of the
alternative policy to each employee
at least ten days prior | 3972 |
to
theits effective date
of the policy. | 3973 |
| (1) "Person" includes one or more individuals,
partnerships, | 3975 |
|
associations, organizations, corporations, legal
representatives, | 3976 |
|
trustees, trustees in bankruptcy, receivers, and
other organized | 3977 |
|
groups of persons. "Person" also includes, but
is not limited to, | 3978 |
|
any owner, lessor, assignor, builder, manager,
broker, | 3979 |
|
salesperson, appraiser, agent, employee,
lending
institution, and | 3980 |
|
the state and all political subdivisions,
authorities, agencies, | 3981 |
|
boards, and commissions of the state. | 3982 |
| (10) "Housing accommodations" includes any building or | 4011 |
|
structure, or portion of a building or structure, that is used or | 4012 |
|
occupied or is intended, arranged, or designed to be used or | 4013 |
|
occupied as the home residence, dwelling, dwelling unit, or | 4014 |
|
sleeping place of one or more individuals, groups, or families | 4015 |
|
whether or not living independently of each other; and any vacant | 4016 |
|
land offered for sale or lease. "Housing accommodations" also | 4017 |
|
includes any housing accommodations held or offered for sale or | 4018 |
|
rent by a real estate broker, salesperson, or agent, by
any other | 4019 |
|
person pursuant to authorization of the owner, by the owner, or
by | 4020 |
|
the owner's legal representative. | 4021 |
| (11) "Restrictive covenant" means any specification
limiting | 4022 |
|
the transfer, rental, lease, or other use of any housing | 4023 |
|
accommodations because of race, color, religion, sex, familial | 4024 |
|
status, national origin, disability, or ancestry, or
any | 4025 |
|
limitation
based upon affiliation with or approval by any person, | 4026 |
|
directly
or indirectly, employing race, color, religion, sex, | 4027 |
|
familial
status, national origin, disability, or ancestry as a | 4028 |
|
condition of
affiliation or approval. | 4029 |
| (B) For the purposes of divisions (A) to (F) of section | 4095 |
|
4112.02 of the Revised Code, the terms "because of sex" and "on | 4096 |
|
the basis of sex" include, but are not limited to, because of or | 4097 |
|
on the basis of pregnancy, any illness arising out of and | 4098 |
|
occurring during the course of a pregnancy, childbirth, or
related | 4099 |
|
medical conditions. Women affected by pregnancy,
childbirth, or | 4100 |
|
related medical conditions shall be treated the
same for all | 4101 |
|
employment-related purposes, including receipt of
benefits under | 4102 |
|
fringe benefit programs, as other persons not so
affected but | 4103 |
|
similar in their ability or inability to work, and
nothing in | 4104 |
|
division (B) of section 4111.17 of the Revised Code
shall be | 4105 |
|
interpreted to permit otherwise. This division shall
not be | 4106 |
|
construed to require an employer to pay for health
insurance | 4107 |
|
benefits for abortion, except where the life of the
mother would | 4108 |
|
be endangered if the fetus were carried to term or
except where | 4109 |
|
medical complications have arisen from the abortion,
provided that | 4110 |
|
nothing in this division precludes an employer from
providing | 4111 |
|
abortion benefits or otherwise affects bargaining
agreements in | 4112 |
|
regard to abortion. | 4113 |
| (C) A state agency or political subdivision may create or | 4124 |
|
fill vacant
full-time and part-time positions, including | 4125 |
|
classified and
unclassified positions for those positions that are | 4126 |
|
included in
the civil service under Chapter
124. of the Revised | 4127 |
|
Code, for
or with participants of the subsidized employment | 4128 |
|
program. The
director shall specify in rules adopted under
section | 4129 |
|
5107.05
of the Revised
Code the maximum amount of time
the | 4130 |
|
department will subsidize the positions. After the subsidy | 4131 |
|
expires, the agency or subdivision may hire the participant for
an | 4132 |
unclassified position or as
a provisionalan employee in the | 4133 |
classified civil service, if the position is in the classified | 4134 |
civil service, and the participant shall become certified in the | 4135 |
same manner as other provisional employees. The director of | 4136 |
|
administrative services may adopt rules in accordance with
Chapter | 4137 |
|
119. of the
Revised
Code governing this division. | 4138 |
| The director may employ and classify physicians in the | 4163 |
|
department as physician specialists, within the classifications | 4164 |
|
and pay ranges fixed pursuant to section 124.15 or 124.152 of the | 4165 |
|
Revised Code. Any physician employed in the department, whether | 4166 |
|
previously classified pursuant to section 124.15 or 124.152 of
the | 4167 |
| Revised Code or otherwise employed in the department, may be | 4168 |
|
classified or reclassified as a physician specialist, pursuant to | 4169 |
this section, upon order of the director; provided, that, each | 4170 |
|
such physician shall be qualified as required by this section and | 4171 |
meet the specifications for the classification to which hethe | 4172 |
|
physician is assigned. Any physician classified and designated a | 4173 |
|
physician
specialist under authority of this section may be | 4174 |
| assigned to a
different physician specialist classification upon | 4175 |
| order of the
director; the director shall certify each such | 4176 |
| reclassification,
and the department of administrative services | 4177 |
shall be governed
by suchthe certification,; provided that, | 4178 |
nothing in this section
shall alter the powers and duties of such | 4179 |
department as defined
inthe state personnel board of review under | 4180 |
| division (A)(1) of section 124.03 of the Revised Code. | 4181 |
| The board or operator may, by resolution, provide for the | 4200 |
| appointment
by the superintendent or administrator of an assistant | 4201 |
|
superintendent or administrator, who shall perform the duties at | 4202 |
|
the county home prescribed by the superintendent or
administrator. | 4203 |
| The board or operator shall not appoint one of its own
board | 4204 |
| members superintendent or administrator, nor shall any | 4205 |
|
commissioner or trustee be eligible to any other office in the | 4206 |
| county home,
or receive any compensation as physician or | 4207 |
| otherwise, directly
or indirectly, wherein the appointing power is | 4208 |
| vested in the board of county commissioners or board of county | 4209 |
| hospital trustees, as applicable. | 4210 |
| Section 2. That existing sections 9.84, 119.12, 124.01, | 4247 |
| 124.03,
124.04, 124.07, 124.09, 124.11, 124.133, 124.134, 124.14, | 4248 |
| 124.15, 124.20, 124.22,
124.23,
124.26, 124.27, 124.271, 124.30, | 4249 |
| 124.31, 124.32, 124.321, 124.322,
124.323,
124.324, 124.325, | 4250 |
| 124.326, 124.327, 124.33, 124.34, 124.341, 124.38, 124.383, | 4251 |
| 124.384,
124.385,
124.386, 124.388, 124.40, 124.44, 124.45, | 4252 |
| 124.46, 124.48,
302.202,
325.19, 329.02, 329.021, 1513.03, | 4253 |
| 1513.34, 4111.03, 4112.01,
5107.52, 5119.09,
5155.03, and 5703.17 | 4254 |
| and section 124.311 of the
Revised Code are
hereby repealed. | 4255 |
| (B) An ad hoc committee shall be formed to review, study,
and | 4271 |
| encourage greater awareness of the use of alternate dispute | 4272 |
|
resolution procedures, such as mediation, in appeals to the State | 4273 |
|
Personnel Board of
Review and to municipal and civil service | 4274 |
|
township civil service
commissions. The committee shall consist
of | 4275 |
| representatives of
labor organizations, counties, cities, the | 4276 |
|
State Personnel Board
of Review, the State Employment Relations | 4277 |
|
Board, the Office of
Collective Bargaining of the Department of | 4278 |
|
Administrative
Services, the Ohio Commission on Dispute Resolution | 4279 |
|
and Conflict
Management, the American Arbitration Association, and | 4280 |
|
the Federal
Mediation and Conciliation Service. Professors on the | 4281 |
|
faculty of
Ohio law schools, a professional arbitrator with | 4282 |
|
experience in
public sector disputes, and a plaintiff's lawyer | 4283 |
|
with experience
in civil service disputes also should be members | 4284 |
|
of the
committee. The committee shall report its findings and | 4285 |
|
recommendations to the General Assembly within six months after | 4286 |
|
the effective date of this act. | 4287 |
| Section 4. The Executive Director of the Inter-University | 4288 |
| Council
shall coordinate the organization of a committee | 4289 |
| consisting of the
president, or the president's representative, of | 4290 |
| each
state-supported college or university. Ninety days after the | 4291 |
| effective date of this act, the committee, in consultation with | 4292 |
| the Department of
Administrative Services, shall develop | 4293 |
| guidelines and standards
that are to be used by the boards of | 4294 |
| trustees of these colleges
and universities in adopting the rules | 4295 |
| concerning the matters of
governance of the officers and employees | 4296 |
| of the college or
university as required by division (F) of | 4297 |
| section 124.14 of the
Revised Code. The guidelines shall address, | 4298 |
| at a minimum, all of the
following: | 4299 |