Sub. S. B. No. 5 As Pending in the Senate Insurance, Commerce and Labor Committee

As Pending in the Senate Insurance, Commerce and Labor Committee

129th General Assembly

Regular Session

2011-2012

Sub. S. B. No. 5

Senator Jones

A BILL

To amend sections 9.06, 9.90, 102.02, 103.74, 109.33,

120.40, 121.40, 122.40, 122.64, 122.72, 124.03,

124.11, 124.14, 124.15, 124.151, 124.152, 124.181,

124.182, 124.322, 124.325, 124.327, 124.34,

124.38, 124.382, 124.388, 124.39, 124.81, 124.82,

124.823, 125.211, 126.32, 141.01, 141.02, 145.012,

145.47, 175.05, 306.04, 307.054, 339.06, 339.07,

340.04, 505.38, 505.49, 505.60, 709.012, 742.31,

749.082, 749.083, 917.03, 927.69, 991.02, 1347.15,

1347.99, 1349.71, 1509.35, 1513.182, 1513.29,

1545.071, 1551.35, 1707.36, 1707.46, 3101.01,

3301.03, 3304.12, 3304.50, 3306.01, 3307.27,

3307.77, 3309.47, 3311.19, 3313.12, 3313.202,

3313.23, 3313.24, 3313.33, 3313.42, 3316.07,

3317.01, 3317.018, 3317.11, 3317.13, 3318.31,

3319.01, 3319.011, 3319.02, 3319.06, 3319.08,

3319.084, 3319.085, 3319.088, 3319.09, 3319.10,

3319.11, 3319.13, 3319.14, 3319.141, 3319.17,

3319.172, 3319.18, 3319.63, 3332.03, 3334.08,

3345.31, 3345.45, 3353.03, 3517.152, 3701.33,

3733.49, 3737.81, 3737.90, 3770.02, 3772.06,

3773.33, 3781.07, 3901.07, 4112.03, 4117.01,

4117.02, 4117.03, 4117.06, 4117.08, 4117.09,

4117.10, 4117.11, 4117.14, 4117.15, 4117.20,

4121.03, 4121.121, 4121.351, 4121.38, 4121.69,

4121.77, 4123.352, 4301.07, 4517.30, 4701.03,

4701.05, 4703.03, 4703.31, 4709.04, 4715.06,

4717.02, 4723.02, 4725.06, 4725.46, 4729.03,

4730.05, 4731.03, 4732.05, 4733.05, 4734.03,

4738.09, 4741.02, 4747.03, 4753.04, 4755.01,

4757.05, 4758.12, 4759.03, 4761.02, 4763.02,

4775.05, 4905.10, 4906.02, 4911.07, 4911.12,

5119.071, 5119.09, 5123.08, 5123.51, 5126.0220,

5126.05, 5126.24, 5139.02, 5501.20, 5502.01,

5502.62, 5503.03, 5505.15, 5703.09, 5705.412, and

5907.02, to enact sections 4117.081, 4117.104, and

4117.26, and to repeal sections 9.901, 3317.12,

3317.14, 3319.131, 3319.142, 3319.143, and 4117.22

of the Revised Code to make various changes to

laws concerning public employees, including

collective bargaining, salary schedules and

compensation, layoff procedures, and leave.

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

Section 1. That sections 9.06, 9.90, 102.02, 103.74, 109.33,	43
120.40, 121.40, 122.40, 122.64, 122.72, 124.03, 124.11, 124.14,	44
124.15, 124.151, 124.152, 124.181, 124.182, 124.322, 124.325,	45
124.327, 124.34, 124.38, 124.382, 124.388, 124.39, 124.81, 124.82,	46
124.823, 125.211, 126.32, 141.01, 141.02, 145.012, 145.47, 175.05,	47
306.04, 307.054, 339.06, 339.07, 340.04, 505.38, 505.49, 505.60,	48
709.012, 742.31, 749.082, 749.083, 917.03, 927.69, 991.02,	49
1347.15, 1347.99, 1349.71, 1509.35, 1513.182, 1513.29, 1545.071,	50
1551.35, 1707.36, 1707.46, 3101.01, 3301.03, 3304.12, 3304.50,	51
3306.01, 3307.27, 3307.77, 3309.47, 3311.19, 3313.12, 3313.202,	52
3313.23, 3313.24, 3313.33, 3313.42, 3316.07, 3317.01, 3317.018,	53
3317.11, 3317.13, 3318.31, 3319.01, 3319.011, 3319.02, 3319.06,	54
3319.08, 3319.084, 3319.085, 3319.088, 3319.09, 3319.10, 3319.11,	55
3319.13, 3319.14, 3319.141, 3319.17, 3319.172, 3319.18, 3319.63,	56
3332.03, 3334.08, 3345.31, 3345.45, 3353.03, 3517.152, 3701.33,	57
3733.49, 3737.81, 3737.90, 3770.02, 3772.06, 3773.33, 3781.07,	58
3901.07, 4112.03, 4117.01, 4117.02, 4117.03, 4117.06, 4117.08,	59
4117.09, 4117.10, 4117.11, 4117.14, 4117.15, 4117.20, 4121.03,	60
4121.121, 4121.351, 4121.38, 4121.69, 4121.77, 4123.352, 4301.07,	61
4517.30, 4701.03, 4701.05, 4703.03, 4703.31, 4709.04, 4715.06,	62
4717.02, 4723.02, 4725.06, 4725.46, 4729.03, 4730.05, 4731.03,	63
4732.05, 4733.05, 4734.03, 4738.09, 4741.02, 4747.03, 4753.04,	64
4755.01, 4757.05, 4758.12, 4759.03, 4761.02, 4763.02, 4775.05,	65
4905.10, 4906.02, 4911.07, 4911.12, 5119.071, 5119.09, 5123.08,	66
5123.51, 5126.0220, 5126.05, 5126.24, 5139.02, 5501.20, 5502.01,	67
5502.62, 5503.03, 5505.15, 5703.09, 5705.412, and 5907.02 be	68
amended and sections 4117.081, 4117.104, and 4117.26 of the	69
Revised Code be enacted to read as follows:	70

Sec. 9.06. (A)(1) The department of rehabilitation and	71
correction may contract for the private operation and management	72
pursuant to this section of the initial intensive program prison	73
established pursuant to section 5120.033 of the Revised Code, if	74
one or more intensive program prisons are established under that	75
section, and may contract for the private operation and management	76
of any other facility under this section. Counties and municipal	77
corporations to the extent authorized in sections 307.93, 341.35,	78
753.03, and 753.15 of the Revised Code may contract for the	79
private operation and management of a facility under this section.	80
A contract entered into under this section shall be for an initial	81
term of not more than two years with an option to renew for	82
additional periods of two years.	83

(2) The department of rehabilitation and correction, by rule,	84
shall adopt minimum criteria and specifications that a person or	85
entity, other than a person or entity that satisfies the criteria	86
set forth in division (A)(3)(a) of this section and subject to	87
division (I) of this section, must satisfy in order to apply to	88
operate and manage as a contractor pursuant to this section the	89
initial intensive program prison established pursuant to section	90
5120.033 of the Revised Code, if one or more intensive program	91
prisons are established under that section.	92

(3) Subject to division (I) of this section, any person or	93
entity that applies to operate and manage a facility as a	94
contractor pursuant to this section shall satisfy one or more of	95
the following criteria:	96

(a) The person or entity is accredited by the American	97
correctional association and, at the time of the application,	98
operates and manages one or more facilities accredited by the	99
American correctional association.	100

(b) The person or entity satisfies all of the minimum	101
criteria and specifications adopted by the department of	102
rehabilitation and correction pursuant to division (A)(2) of this	103
section, provided that this alternative shall be available only in	104
relation to the initial intensive program prison established	105
pursuant to section 5120.033 of the Revised Code, if one or more	106
intensive program prisons are established under that section.	107

(4) Subject to division (I) of this section, before a public	108
entity may enter into a contract under this section, the	109
contractor shall convincingly demonstrate to the public entity	110
that it can operate the facility with the inmate capacity required	111
by the public entity and provide the services required in this	112
section and realize at least a five per cent savings over the	113
projected cost to the public entity of providing these same	114
services to operate the facility that is the subject of the	115
contract. No out-of-state prisoners may be housed in any facility	116
that is the subject of a contract entered into under this section.	117

(B) Subject to division (I) of this section, any contract	118
entered into under this section shall include all of the	119
following:	120

(1) A requirement that the contractor retain the contractor's	121
accreditation from the American correctional association	122
throughout the contract term or, if the contractor applied	123
pursuant to division (A)(3)(b) of this section, continue complying	124
with the applicable criteria and specifications adopted by the	125
department of rehabilitation and correction pursuant to division	126
(A)(2) of this section;	127

(2) A requirement that all of the following conditions be	128
met:	129

(a) The contractor begins the process of accrediting the	130
facility with the American correctional association no later than	131
sixty days after the facility receives its first inmate.	132

(b) The contractor receives accreditation of the facility	133
within twelve months after the date the contractor applies to the	134
American correctional association for accreditation.	135

(c) Once the accreditation is received, the contractor	136
maintains it for the duration of the contract term.	137

(d) If the contractor does not comply with divisions	138
(B)(2)(a) to (c) of this section, the contractor is in violation	139
of the contract, and the public entity may revoke the contract at	140
its discretion.	141

(3) A requirement that the contractor comply with all rules	142
promulgated by the department of rehabilitation and correction	143
that apply to the operation and management of correctional	144
facilities, including the minimum standards for jails in Ohio and	145
policies regarding the use of force and the use of deadly force,	146
although the public entity may require more stringent standards,	147
and comply with any applicable laws, rules, or regulations of the	148
federal, state, and local governments, including, but not limited	149
to, sanitation, food service, safety, and health regulations. The	150
contractor shall be required to send copies of reports of	151
inspections completed by the appropriate authorities regarding	152
compliance with rules and regulations to the director of	153
rehabilitation and correction or the director's designee and, if	154
contracting with a local public entity, to the governing authority	155
of that entity.	156

(4) A requirement that the contractor report for	157
investigation all crimes in connection with the facility to the	158
public entity, to all local law enforcement agencies with	159
jurisdiction over the place at which the facility is located, and,	160
for a crime committed at a state correctional institution, to the	161
state highway patrol;	162

(5) A requirement that the contractor immediately report all	163
escapes from the facility, and the apprehension of all escapees,	164
by telephone and in writing to all local law enforcement agencies	165
with jurisdiction over the place at which the facility is located,	166
to the prosecuting attorney of the county in which the facility is	167
located, to the state highway patrol, to a daily newspaper having	168
general circulation in the county in which the facility is	169
located, and, if the facility is a state correctional institution,	170
to the department of rehabilitation and correction. The written	171
notice may be by either facsimile transmission or mail. A failure	172
to comply with this requirement regarding an escape is a violation	173
of section 2921.22 of the Revised Code.	174

(6) A requirement that, if the facility is a state	175
correctional institution, the contractor provide a written report	176
within specified time limits to the director of rehabilitation and	177
correction or the director's designee of all unusual incidents at	178
the facility as defined in rules promulgated by the department of	179
rehabilitation and correction or, if the facility is a local	180
correctional institution, that the contractor provide a written	181
report of all unusual incidents at the facility to the governing	182
authority of the local public entity;	183

(7) A requirement that the contractor maintain proper control	184
of inmates' personal funds pursuant to rules promulgated by the	185
department of rehabilitation and correction for state correctional	186
institutions or pursuant to the minimum standards for jails along	187
with any additional standards established by the local public	188
entity for local correctional institutions and that records	189
pertaining to these funds be made available to representatives of	190
the public entity for review or audit;	191

(8) A requirement that the contractor prepare and distribute	192
to the director of rehabilitation and correction or, if	193
contracting with a local public entity, to the governing authority	194
of the local entity annual budget income and expenditure	195
statements and funding source financial reports;	196

(9) A requirement that the public entity appoint and	197
supervise a full-time contract monitor, that the contractor	198
provide suitable office space for the contract monitor at the	199
facility, and that the contractor allow the contract monitor	200
unrestricted access to all parts of the facility and all records	201
of the facility except the contractor's financial records;	202

(10) A requirement that if the facility is a state	203
correctional institution designated department of rehabilitation	204
and correction staff members be allowed access to the facility in	205
accordance with rules promulgated by the department;	206

(11) A requirement that the contractor provide internal and	207
perimeter security as agreed upon in the contract;	208

(12) If the facility is a state correctional institution, a	209
requirement that the contractor impose discipline on inmates	210
housed in a state correctional institution only in accordance with	211
rules promulgated by the department of rehabilitation and	212
correction;	213

(13) A requirement that the facility be staffed at all times	214
with a staffing pattern approved by the public entity and adequate	215
both to ensure supervision of inmates and maintenance of security	216
within the facility and to provide for programs, transportation,	217
security, and other operational needs. In determining security	218
needs, the contractor shall be required to consider, among other	219
things, the proximity of the facility to neighborhoods and	220
schools.	221

(14) If the contract is with a local public entity, a	222
requirement that the contractor provide services and programs,	223
consistent with the minimum standards for jails promulgated by the	224
department of rehabilitation and correction under section 5120.10	225
of the Revised Code;	226

(15) A clear statement that no immunity from liability	227
granted to the state, and no immunity from liability granted to	228
political subdivisions under Chapter 2744. of the Revised Code,	229
shall extend to the contractor or any of the contractor's	230
employees;	231

(16) A statement that all documents and records relevant to	232
the facility shall be maintained in the same manner required for,	233
and subject to the same laws, rules, and regulations as apply to,	234
the records of the public entity;	235

(17) Authorization for the public entity to impose a fine on	236
the contractor from a schedule of fines included in the contract	237
for the contractor's failure to perform its contractual duties or	238
to cancel the contract, as the public entity considers	239
appropriate. If a fine is imposed, the public entity may reduce	240
the payment owed to the contractor pursuant to any invoice in the	241
amount of the imposed fine.	242

(18) A statement that all services provided or goods produced	243
at the facility shall be subject to the same regulations, and the	244
same distribution limitations, as apply to goods and services	245
produced at other correctional institutions;	246

(19) Authorization for the department to establish one or	247
more prison industries at a facility operated and managed by a	248
contractor for the department;	249

(20) A requirement that, if the facility is an intensive	250
program prison established pursuant to section 5120.033 of the	251
Revised Code, the facility shall comply with all criteria for	252
intensive program prisons of that type that are set forth in that	253
section;	254

(21) If the institution is a state correctional institution,	255
a requirement that the contractor provide clothing for all inmates	256
housed in the facility that is conspicuous in its color, style, or	257
color and style, that conspicuously identifies its wearer as an	258
inmate, and that is readily distinguishable from clothing of a	259
nature that normally is worn outside the facility by non-inmates,	260
that the contractor require all inmates housed in the facility to	261
wear the clothing so provided, and that the contractor not permit	262
any inmate, while inside or on the premises of the facility or	263
while being transported to or from the facility, to wear any	264
clothing of a nature that does not conspicuously identify its	265
wearer as an inmate and that normally is worn outside the facility	266
by non-inmates.	267

(C) No contract entered into under this section may require,	268
authorize, or imply a delegation of the authority or	269
responsibility of the public entity to a contractor for any of the	270
following:	271

(1) Developing or implementing procedures for calculating	272
inmate release and parole eligibility dates and recommending the	273
granting or denying of parole, although the contractor may submit	274
written reports that have been prepared in the ordinary course of	275
business;	276

(2) Developing or implementing procedures for calculating and	277
awarding earned credits, approving the type of work inmates may	278
perform and the wage or earned credits, if any, that may be	279
awarded to inmates engaging in that work, and granting, denying,	280
or revoking earned credits;	281

(3) For inmates serving a term imposed for a felony offense	282
committed prior to July 1, 1996, or for a misdemeanor offense,	283
developing or implementing procedures for calculating and awarding	284
good time, approving the good time, if any, that may be awarded to	285
inmates engaging in work, and granting, denying, or revoking good	286
time;	287

(4) Classifying an inmate or placing an inmate in a more or a	288
less restrictive custody than the custody ordered by the public	289
entity;	290

(5) Approving inmates for work release;

291

(6) Contracting for local or long distance telephone services	292
for inmates or receiving commissions from those services at a	293
facility that is owned by or operated under a contract with the	294
department.	295

(D) A contractor that has been approved to operate a facility	296
under this section, and a person or entity that enters into a	297
contract for specialized services, as described in division (I) of	298
this section, relative to an intensive program prison established	299
pursuant to section 5120.033 of the Revised Code to be operated by	300
a contractor that has been approved to operate the prison under	301
this section, shall provide an adequate policy of insurance	302
specifically including, but not limited to, insurance for civil	303
rights claims as determined by a risk management or actuarial firm	304
with demonstrated experience in public liability for state	305
governments. The insurance policy shall provide that the state,	306
including all state agencies, and all political subdivisions of	307
the state with jurisdiction over the facility or in which a	308
facility is located are named as insured, and that the state and	309
its political subdivisions shall be sent any notice of	310
cancellation. The contractor may not self-insure.	311

A contractor that has been approved to operate a facility	312
under this section, and a person or entity that enters into a	313
contract for specialized services, as described in division (I) of	314
this section, relative to an intensive program prison established	315
pursuant to section 5120.033 of the Revised Code to be operated by	316
a contractor that has been approved to operate the prison under	317
this section, shall indemnify and hold harmless the state, its	318
officers, agents, and employees, and any local government entity	319
in the state having jurisdiction over the facility or ownership of	320
the facility, shall reimburse the state for its costs in defending	321
the state or any of its officers, agents, or employees, and shall	322
reimburse any local government entity of that nature for its costs	323
in defending the local government entity, from all of the	324
following:	325

(1) Any claims or losses for services rendered by the	326
contractor, person, or entity performing or supplying services in	327
connection with the performance of the contract;	328

(2) Any failure of the contractor, person, or entity or its	329
officers or employees to adhere to the laws, rules, regulations,	330
or terms agreed to in the contract;	331

(3) Any constitutional, federal, state, or civil rights claim	332
brought against the state related to the facility operated and	333
managed by the contractor;	334

(4) Any claims, losses, demands, or causes of action arising	335
out of the contractor's, person's, or entity's activities in this	336
state;	337

(5) Any attorney's fees or court costs arising from any	338
habeas corpus actions or other inmate suits that may arise from	339
any event that occurred at the facility or was a result of such an	340
event, or arise over the conditions, management, or operation of	341
the facility, which fees and costs shall include, but not be	342
limited to, attorney's fees for the state's representation and for	343
any court-appointed representation of any inmate, and the costs of	344
any special judge who may be appointed to hear those actions or	345
suits.	346

(E) Private correctional officers of a contractor operating	347
and managing a facility pursuant to a contract entered into under	348
this section may carry and use firearms in the course of their	349
employment only after being certified as satisfactorily completing	350
an approved training program as described in division (A) of	351
section 109.78 of the Revised Code.	352

(F) Upon notification by the contractor of an escape from, or	353
of a disturbance at, the facility that is the subject of a	354
contract entered into under this section, the department of	355
rehabilitation and correction and state and local law enforcement	356
agencies shall use all reasonable means to recapture escapees or	357
quell any disturbance. Any cost incurred by the state or its	358
political subdivisions relating to the apprehension of an escapee	359
or the quelling of a disturbance at the facility shall be	360
chargeable to and borne by the contractor. The contractor shall	361
also reimburse the state or its political subdivisions for all	362
reasonable costs incurred relating to the temporary detention of	363
the escapee following recapture.	364

(G) Any offense that would be a crime if committed at a state	365
correctional institution or jail, workhouse, prison, or other	366
correctional facility shall be a crime if committed by or with	367
regard to inmates at facilities operated pursuant to a contract	368
entered into under this section.	369

(H) A contractor operating and managing a facility pursuant	370
to a contract entered into under this section shall pay any inmate	371
workers at the facility at the rate approved by the public entity.	372
Inmates working at the facility shall not be considered employees	373
of the contractor.	374

(I) In contracting for the private operation and management	375
pursuant to division (A) of this section of any intensive program	376
prison established pursuant to section 5120.033 of the Revised	377
Code, the department of rehabilitation and correction may enter	378
into a contract with a contractor for the general operation and	379
management of the prison and may enter into one or more separate	380
contracts with other persons or entities for the provision of	381
specialized services for persons confined in the prison,	382
including, but not limited to, security or training services or	383
medical, counseling, educational, or similar treatment programs.	384
If, pursuant to this division, the department enters into a	385
contract with a contractor for the general operation and	386
management of the prison and also enters into one or more	387
specialized service contracts with other persons or entities, all	388
of the following apply:	389

(1) The contract for the general operation and management	390
shall comply with all requirements and criteria set forth in this	391
section, and all provisions of this section apply in relation to	392
the prison operated and managed pursuant to the contract.	393

(2) Divisions (A)(2), (B), and (C) of this section do not	394
apply in relation to any specialized services contract, except to	395
the extent that the provisions of those divisions clearly are	396
relevant to the specialized services to be provided under the	397
specialized services contract. Division (D) of this section	398
applies in relation to each specialized services contract.	399

(J) As used in this section:

400

(1) "Public entity" means the department of rehabilitation	401
and correction, or a county or municipal corporation or a	402
combination of counties and municipal corporations, that has	403
jurisdiction over a facility that is the subject of a contract	404
entered into under this section.	405

(2) "Local public entity" means a county or municipal	406
corporation, or a combination of counties and municipal	407
corporations, that has jurisdiction over a jail, workhouse, or	408
other correctional facility used only for misdemeanants that is	409
the subject of a contract entered into under this section.	410

(3) "Governing authority of a local public entity" means, for	411
a county, the board of county commissioners; for a municipal	412
corporation, the legislative authority; for a combination of	413
counties and municipal corporations, all the boards of county	414
commissioners and municipal legislative authorities that joined to	415
create the facility.	416

(4) "Contractor" means a person or entity that enters into a	417
contract under this section to operate and manage a jail,	418
workhouse, or other correctional facility.	419

(5) "Facility" means the specific county, multicounty,	420
municipal, municipal-county, or multicounty-municipal jail,	421
workhouse, prison, or other type of correctional institution or	422
facility used only for misdemeanants, or a state correctional	423
institution, that is the subject of a contract entered into under	424
this section.	425

~~(6) "Person or entity" in the case of a contract for the~~	426
~~private operation and management of a state correctional~~	427
~~institution, includes an employee organization, as defined in~~	428
~~section 4117.01 of the Revised Code, that represents employees at~~	429
~~state correctional institutions.~~	430

Sec. 9.90. (A) The governing board of any public institution	431
of higher education, including without limitation state	432
universities and colleges, community college districts, university	433
branch districts, technical college districts, and municipal	434
universities, may, in addition to all other powers provided in the	435
Revised Code:	436

(1) Contract for, purchase, or otherwise procure from an	437
insurer or insurers licensed to do business by the state of Ohio	438
for or on behalf of such of its employees as it may determine,	439
life insurance, or sickness, accident, annuity, endowment, health,	440
medical, hospital, dental, or surgical coverage and benefits, or	441
any combination thereof, by means of insurance plans or other	442
types of coverage, family, group or otherwise, and may pay from	443
funds under its control and available for such purpose all or any	444
portion of the cost, premium, or charge for such insurance,	445
coverage, or benefits. However, the governing board, in addition	446
to or as an alternative to the authority otherwise granted by	447
division (A)(1) of this section, may elect to procure coverage for	448
health care services, for or on behalf of such of its employees as	449
it may determine, by means of policies, contracts, certificates,	450
or agreements issued by at least two health insuring corporations	451
holding a certificate of authority under Chapter 1751. of the	452
Revised Code and may pay from funds under the governing board's	453
control and available for such purpose all or any portion of the	454
cost of such coverage.	455

(2) Make payments to a custodial account for investment in	456
regulated investment company stock for the purpose of providing	457
retirement benefits as described in section 403(b)(7) of the	458
Internal Revenue Code of 1954, as amended. Such stock shall be	459
purchased only from persons authorized to sell such stock in this	460
state.	461

Any income of an employee deferred under divisions (A)(1) and	462
(2) of this section in a deferred compensation program eligible	463
for favorable tax treatment under the Internal Revenue Code of	464
1954, as amended, shall continue to be included as regular	465
compensation for the purpose of computing the contributions to and	466
benefits from the retirement system of such employee. Any sum so	467
deferred shall not be included in the computation of any federal	468
and state income taxes withheld on behalf of any such employee.	469

(B) All or any portion of the cost, premium, or charge	470
therefor may be paid in such other manner or combination of	471
manners as the governing board may determine, including direct	472
payment by the employee in cases under division (A)(1) of this	473
section, and, if authorized in writing by the employee in cases	474
under division (A)(1) or (2) of this section, by such governing	475
board with moneys made available by deduction from or reduction in	476
salary or wages or by the foregoing of a salary or wage increase.	477
Nothing in section 3917.01 or section 3917.06 of the Revised Code	478
shall prohibit the issuance or purchase of group life insurance	479
authorized by this section by reason of payment of premiums	480
therefor by the governing board from its funds, and such group	481
life insurance may be so issued and purchased if otherwise	482
consistent with the provisions of sections 3917.01 to 3917.07 of	483
the Revised Code.	484

(C) The board of education of any school district may	485
exercise any of the powers granted to the governing boards of	486
public institutions of higher education under divisions (A) and	487
(B) of this section~~, except in relation to~~; however, nothing in	488
this division shall be construed to allow a board of education to	489
bargain collectively regarding the provision of health care	490
benefits ~~to employees. All health care benefits provided to~~	491
~~persons employed by the public schools of this state shall be~~	492
~~health care plans that contain best practices established by the~~	493
~~school employees health care board pursuant to~~as that term is	494
defined in section ~~9.901~~124.81 of the Revised Code.	495

Sec. 102.02. (A) Except as otherwise provided in division	496
(H) of this section, all of the following shall file with the	497
appropriate ethics commission the disclosure statement described	498
in this division on a form prescribed by the appropriate	499
commission: every person who is elected to or is a candidate for a	500
state, county, or city office and every person who is appointed to	501
fill a vacancy for an unexpired term in such an elective office;	502
all members of the state board of education; the director,	503
assistant directors, deputy directors, division chiefs, or persons	504
of equivalent rank of any administrative department of the state;	505
the president or other chief administrative officer of every state	506
institution of higher education as defined in section 3345.011 of	507
the Revised Code; the executive director and the members of the	508
capitol square review and advisory board appointed or employed	509
pursuant to section 105.41 of the Revised Code; all members of the	510
Ohio casino control commission, the executive director of the	511
commission, all professional employees of the commission, and all	512
technical employees of the commission who perform an internal	513
audit function; the chief executive officer and the members of the	514
board of each state retirement system; each employee of a state	515
retirement board who is a state retirement system investment	516
officer licensed pursuant to section 1707.163 of the Revised Code;	517
the members of the Ohio retirement study council appointed	518
pursuant to division (C) of section 171.01 of the Revised Code;	519
employees of the Ohio retirement study council, other than	520
employees who perform purely administrative or clerical functions;	521
the administrator of workers' compensation and each member of the	522
bureau of workers' compensation board of directors; the bureau of	523
workers' compensation director of investments; the chief	524
investment officer of the bureau of workers' compensation; the	525
director appointed by the workers' compensation council; all	526
members of the board of commissioners on grievances and discipline	527
of the supreme court and the ethics commission created under	528
section 102.05 of the Revised Code; every business manager,	529
treasurer, or superintendent of a city, local, exempted village,	530
joint vocational, or cooperative education school district or an	531
educational service center; every person who is elected to or is a	532
candidate for the office of member of a board of education of a	533
city, local, exempted village, joint vocational, or cooperative	534
education school district or of a governing board of an	535
educational service center that has a total student count of	536
twelve thousand or more as most recently determined by the	537
department of education pursuant to section 3317.03 of the Revised	538
Code; every person who is appointed to the board of education of a	539
municipal school district pursuant to division (B) or (F) of	540
section 3311.71 of the Revised Code; all members of the board of	541
directors of a sanitary district that is established under Chapter	542
6115. of the Revised Code and organized wholly for the purpose of	543
providing a water supply for domestic, municipal, and public use,	544
and that includes two municipal corporations in two counties;	545
every public official or employee who iswould be paid a salary or	546
wage in accordance with schedule C prescribed in the version of	547
section 124.15 of the Revised Code in effect immediately prior to	548
the effective date of this amendment or schedule E-2 prescribed in	549
the version of section 124.152 of the Revised Code in effect	550
immediately prior to the effective date of this amendment; members	551
of the board of trustees and the executive director of the	552
southern Ohio agricultural and community development foundation;	553
all members appointed to the Ohio livestock care standards board	554
under section 904.02 of the Revised Code; and every other public	555
official or employee who is designated by the appropriate ethics	556
commission pursuant to division (B) of this section.	557

The disclosure statement shall include all of the following:

558

(1) The name of the person filing the statement and each	559
member of the person's immediate family and all names under which	560
the person or members of the person's immediate family do	561
business;	562

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	563
and except as otherwise provided in section 102.022 of the Revised	564
Code, identification of every source of income, other than income	565
from a legislative agent identified in division (A)(2)(b) of this	566
section, received during the preceding calendar year, in the	567
person's own name or by any other person for the person's use or	568
benefit, by the person filing the statement, and a brief	569
description of the nature of the services for which the income was	570
received. If the person filing the statement is a member of the	571
general assembly, the statement shall identify the amount of every	572
source of income received in accordance with the following ranges	573
of amounts: zero or more, but less than one thousand dollars; one	574
thousand dollars or more, but less than ten thousand dollars; ten	575
thousand dollars or more, but less than twenty-five thousand	576
dollars; twenty-five thousand dollars or more, but less than fifty	577
thousand dollars; fifty thousand dollars or more, but less than	578
one hundred thousand dollars; and one hundred thousand dollars or	579
more. Division (A)(2)(a) of this section shall not be construed to	580
require a person filing the statement who derives income from a	581
business or profession to disclose the individual items of income	582
that constitute the gross income of that business or profession,	583
except for those individual items of income that are attributable	584
to the person's or, if the income is shared with the person, the	585
partner's, solicitation of services or goods or performance,	586
arrangement, or facilitation of services or provision of goods on	587
behalf of the business or profession of clients, including	588
corporate clients, who are legislative agents. A person who files	589
the statement under this section shall disclose the identity of	590
and the amount of income received from a person who the public	591
official or employee knows or has reason to know is doing or	592
seeking to do business of any kind with the public official's or	593
employee's agency.	594

(b) If the person filing the statement is a member of the	595
general assembly, the statement shall identify every source of	596
income and the amount of that income that was received from a	597
legislative agent during the preceding calendar year, in the	598
person's own name or by any other person for the person's use or	599
benefit, by the person filing the statement, and a brief	600
description of the nature of the services for which the income was	601
received. Division (A)(2)(b) of this section requires the	602
disclosure of clients of attorneys or persons licensed under	603
section 4732.12 of the Revised Code, or patients of persons	604
certified under section 4731.14 of the Revised Code, if those	605
clients or patients are legislative agents. Division (A)(2)(b) of	606
this section requires a person filing the statement who derives	607
income from a business or profession to disclose those individual	608
items of income that constitute the gross income of that business	609
or profession that are received from legislative agents.	610

(c) Except as otherwise provided in division (A)(2)(c) of	611
this section, division (A)(2)(a) of this section applies to	612
attorneys, physicians, and other persons who engage in the	613
practice of a profession and who, pursuant to a section of the	614
Revised Code, the common law of this state, a code of ethics	615
applicable to the profession, or otherwise, generally are required	616
not to reveal, disclose, or use confidences of clients, patients,	617
or other recipients of professional services except under	618
specified circumstances or generally are required to maintain	619
those types of confidences as privileged communications except	620
under specified circumstances. Division (A)(2)(a) of this section	621
does not require an attorney, physician, or other professional	622
subject to a confidentiality requirement as described in division	623
(A)(2)(c) of this section to disclose the name, other identity, or	624
address of a client, patient, or other recipient of professional	625
services if the disclosure would threaten the client, patient, or	626
other recipient of professional services, would reveal details of	627
the subject matter for which legal, medical, or professional	628
advice or other services were sought, or would reveal an otherwise	629
privileged communication involving the client, patient, or other	630
recipient of professional services. Division (A)(2)(a) of this	631
section does not require an attorney, physician, or other	632
professional subject to a confidentiality requirement as described	633
in division (A)(2)(c) of this section to disclose in the brief	634
description of the nature of services required by division	635
(A)(2)(a) of this section any information pertaining to specific	636
professional services rendered for a client, patient, or other	637
recipient of professional services that would reveal details of	638
the subject matter for which legal, medical, or professional	639
advice was sought or would reveal an otherwise privileged	640
communication involving the client, patient, or other recipient of	641
professional services.	642

(3) The name of every corporation on file with the secretary	643
of state that is incorporated in this state or holds a certificate	644
of compliance authorizing it to do business in this state, trust,	645
business trust, partnership, or association that transacts	646
business in this state in which the person filing the statement or	647
any other person for the person's use and benefit had during the	648
preceding calendar year an investment of over one thousand dollars	649
at fair market value as of the thirty-first day of December of the	650
preceding calendar year, or the date of disposition, whichever is	651
earlier, or in which the person holds any office or has a	652
fiduciary relationship, and a description of the nature of the	653
investment, office, or relationship. Division (A)(3) of this	654
section does not require disclosure of the name of any bank,	655
savings and loan association, credit union, or building and loan	656
association with which the person filing the statement has a	657
deposit or a withdrawable share account.	658

(4) All fee simple and leasehold interests to which the	659
person filing the statement holds legal title to or a beneficial	660
interest in real property located within the state, excluding the	661
person's residence and property used primarily for personal	662
recreation;	663

(5) The names of all persons residing or transacting business	664
in the state to whom the person filing the statement owes, in the	665
person's own name or in the name of any other person, more than	666
one thousand dollars. Division (A)(5) of this section shall not be	667
construed to require the disclosure of debts owed by the person	668
resulting from the ordinary conduct of a business or profession or	669
debts on the person's residence or real property used primarily	670
for personal recreation, except that the superintendent of	671
financial institutions shall disclose the names of all	672
state-chartered savings and loan associations and of all service	673
corporations subject to regulation under division (E)(2) of	674
section 1151.34 of the Revised Code to whom the superintendent in	675
the superintendent's own name or in the name of any other person	676
owes any money, and that the superintendent and any deputy	677
superintendent of banks shall disclose the names of all	678
state-chartered banks and all bank subsidiary corporations subject	679
to regulation under section 1109.44 of the Revised Code to whom	680
the superintendent or deputy superintendent owes any money.	681

(6) The names of all persons residing or transacting business	682
in the state, other than a depository excluded under division	683
(A)(3) of this section, who owe more than one thousand dollars to	684
the person filing the statement, either in the person's own name	685
or to any person for the person's use or benefit. Division (A)(6)	686
of this section shall not be construed to require the disclosure	687
of clients of attorneys or persons licensed under section 4732.12	688
or 4732.15 of the Revised Code, or patients of persons certified	689
under section 4731.14 of the Revised Code, nor the disclosure of	690
debts owed to the person resulting from the ordinary conduct of a	691
business or profession.	692

(7) Except as otherwise provided in section 102.022 of the	693
Revised Code, the source of each gift of over seventy-five	694
dollars, or of each gift of over twenty-five dollars received by a	695
member of the general assembly from a legislative agent, received	696
by the person in the person's own name or by any other person for	697
the person's use or benefit during the preceding calendar year,	698
except gifts received by will or by virtue of section 2105.06 of	699
the Revised Code, or received from spouses, parents, grandparents,	700
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	701
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	702
fathers-in-law, mothers-in-law, or any person to whom the person	703
filing the statement stands in loco parentis, or received by way	704
of distribution from any inter vivos or testamentary trust	705
established by a spouse or by an ancestor;	706

(8) Except as otherwise provided in section 102.022 of the	707
Revised Code, identification of the source and amount of every	708
payment of expenses incurred for travel to destinations inside or	709
outside this state that is received by the person in the person's	710
own name or by any other person for the person's use or benefit	711
and that is incurred in connection with the person's official	712
duties, except for expenses for travel to meetings or conventions	713
of a national or state organization to which any state agency,	714
including, but not limited to, any legislative agency or state	715
institution of higher education as defined in section 3345.011 of	716
the Revised Code, pays membership dues, or any political	717
subdivision or any office or agency of a political subdivision	718
pays membership dues;	719

(9) Except as otherwise provided in section 102.022 of the	720
Revised Code, identification of the source of payment of expenses	721
for meals and other food and beverages, other than for meals and	722
other food and beverages provided at a meeting at which the person	723
participated in a panel, seminar, or speaking engagement or at a	724
meeting or convention of a national or state organization to which	725
any state agency, including, but not limited to, any legislative	726
agency or state institution of higher education as defined in	727
section 3345.011 of the Revised Code, pays membership dues, or any	728
political subdivision or any office or agency of a political	729
subdivision pays membership dues, that are incurred in connection	730
with the person's official duties and that exceed one hundred	731
dollars aggregated per calendar year;	732

(10) If the disclosure statement is filed by a public	733
official or employee described in division (B)(2) of section	734
101.73 of the Revised Code or division (B)(2) of section 121.63 of	735
the Revised Code who receives a statement from a legislative	736
agent, executive agency lobbyist, or employer that contains the	737
information described in division (F)(2) of section 101.73 of the	738
Revised Code or division (G)(2) of section 121.63 of the Revised	739
Code, all of the nondisputed information contained in the	740
statement delivered to that public official or employee by the	741
legislative agent, executive agency lobbyist, or employer under	742
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	743
the Revised Code.	744

A person may file a statement required by this section in	745
person or by mail. A person who is a candidate for elective office	746
shall file the statement no later than the thirtieth day before	747
the primary, special, or general election at which the candidacy	748
is to be voted on, whichever election occurs soonest, except that	749
a person who is a write-in candidate shall file the statement no	750
later than the twentieth day before the earliest election at which	751
the person's candidacy is to be voted on. A person who holds	752
elective office shall file the statement on or before the	753
fifteenth day of April of each year unless the person is a	754
candidate for office. A person who is appointed to fill a vacancy	755
for an unexpired term in an elective office shall file the	756
statement within fifteen days after the person qualifies for	757
office. Other persons shall file an annual statement on or before	758
the fifteenth day of April or, if appointed or employed after that	759
date, within ninety days after appointment or employment. No	760
person shall be required to file with the appropriate ethics	761
commission more than one statement or pay more than one filing fee	762
for any one calendar year.	763

The appropriate ethics commission, for good cause, may extend	764
for a reasonable time the deadline for filing a statement under	765
this section.	766

A statement filed under this section is subject to public	767
inspection at locations designated by the appropriate ethics	768
commission except as otherwise provided in this section.	769

(B) The Ohio ethics commission, the joint legislative ethics	770
committee, and the board of commissioners on grievances and	771
discipline of the supreme court, using the rule-making procedures	772
of Chapter 119. of the Revised Code, may require any class of	773
public officials or employees under its jurisdiction and not	774
specifically excluded by this section whose positions involve a	775
substantial and material exercise of administrative discretion in	776
the formulation of public policy, expenditure of public funds,	777
enforcement of laws and rules of the state or a county or city, or	778
the execution of other public trusts, to file an annual statement	779
on or before the fifteenth day of April under division (A) of this	780
section. The appropriate ethics commission shall send the public	781
officials or employees written notice of the requirement by the	782
fifteenth day of February of each year the filing is required	783
unless the public official or employee is appointed after that	784
date, in which case the notice shall be sent within thirty days	785
after appointment, and the filing shall be made not later than	786
ninety days after appointment.	787

Except for disclosure statements filed by members of the	788
board of trustees and the executive director of the southern Ohio	789
agricultural and community development foundation, disclosure	790
statements filed under this division with the Ohio ethics	791
commission by members of boards, commissions, or bureaus of the	792
state for which no compensation is received other than reasonable	793
and necessary expenses shall be kept confidential. Disclosure	794
statements filed with the Ohio ethics commission under division	795
(A) of this section by business managers, treasurers, and	796
superintendents of city, local, exempted village, joint	797
vocational, or cooperative education school districts or	798
educational service centers shall be kept confidential, except	799
that any person conducting an audit of any such school district or	800
educational service center pursuant to section 115.56 or Chapter	801
117. of the Revised Code may examine the disclosure statement of	802
any business manager, treasurer, or superintendent of that school	803
district or educational service center. The Ohio ethics commission	804
shall examine each disclosure statement required to be kept	805
confidential to determine whether a potential conflict of interest	806
exists for the person who filed the disclosure statement. A	807
potential conflict of interest exists if the private interests of	808
the person, as indicated by the person's disclosure statement,	809
might interfere with the public interests the person is required	810
to serve in the exercise of the person's authority and duties in	811
the person's office or position of employment. If the commission	812
determines that a potential conflict of interest exists, it shall	813
notify the person who filed the disclosure statement and shall	814
make the portions of the disclosure statement that indicate a	815
potential conflict of interest subject to public inspection in the	816
same manner as is provided for other disclosure statements. Any	817
portion of the disclosure statement that the commission determines	818
does not indicate a potential conflict of interest shall be kept	819
confidential by the commission and shall not be made subject to	820
public inspection, except as is necessary for the enforcement of	821
Chapters 102. and 2921. of the Revised Code and except as	822
otherwise provided in this division.	823

(C) No person shall knowingly fail to file, on or before the	824
applicable filing deadline established under this section, a	825
statement that is required by this section.	826

(D) No person shall knowingly file a false statement that is	827
required to be filed under this section.	828

(E)(1) Except as provided in divisions (E)(2) and (3) of this	829
section, the statement required by division (A) or (B) of this	830
section shall be accompanied by a filing fee of forty dollars.	831

(2) The statement required by division (A) of this section	832
shall be accompanied by the following filing fee to be paid by the	833
person who is elected or appointed to, or is a candidate for, any	834
of the following offices:	835

For state office, except member of the		836
state board of education	$65	837
For office of member of general assembly	$40	838
For county office	$40	839
For city office	$25	840
For office of member of the state board		841
of education	$25	842
For office of member of the Ohio		843
livestock care standards board	$25	844
For office of member of a city, local,		845
exempted village, or cooperative		846
education board of		847
education or educational service		848
center governing board	$20	849
For position of business manager,		850
treasurer, or superintendent of a		851
city, local, exempted village, joint		852
vocational, or cooperative education		853
school district or		854
educational service center	$20	855

(3) No judge of a court of record or candidate for judge of a	856
court of record, and no referee or magistrate serving a court of	857
record, shall be required to pay the fee required under division	858
(E)(1) or (2) or (F) of this section.	859

(4) For any public official who is appointed to a nonelective	860
office of the state and for any employee who holds a nonelective	861
position in a public agency of the state, the state agency that is	862
the primary employer of the state official or employee shall pay	863
the fee required under division (E)(1) or (F) of this section.	864

(F) If a statement required to be filed under this section is	865
not filed by the date on which it is required to be filed, the	866
appropriate ethics commission shall assess the person required to	867
file the statement a late filing fee of ten dollars for each day	868
the statement is not filed, except that the total amount of the	869
late filing fee shall not exceed two hundred fifty dollars.	870

(G)(1) The appropriate ethics commission other than the Ohio	871
ethics commission and the joint legislative ethics committee shall	872
deposit all fees it receives under divisions (E) and (F) of this	873
section into the general revenue fund of the state.	874

(2) The Ohio ethics commission shall deposit all receipts,	875
including, but not limited to, fees it receives under divisions	876
(E) and (F) of this section and all moneys it receives from	877
settlements under division (G) of section 102.06 of the Revised	878
Code, into the Ohio ethics commission fund, which is hereby	879
created in the state treasury. All moneys credited to the fund	880
shall be used solely for expenses related to the operation and	881
statutory functions of the commission.	882

(3) The joint legislative ethics committee shall deposit all	883
receipts it receives from the payment of financial disclosure	884
statement filing fees under divisions (E) and (F) of this section	885
into the joint legislative ethics committee investigative fund.	886

(H) Division (A) of this section does not apply to a person	887
elected or appointed to the office of precinct, ward, or district	888
committee member under Chapter 3517. of the Revised Code; a	889
presidential elector; a delegate to a national convention; village	890
or township officials and employees; any physician or psychiatrist	891
who iswould be paid a salary or wage in accordance with schedule	892
C as prescribed by the version of section 124.15 of the Revised	893
Code in effect immediately prior to the effective date of this	894
amendment or schedule E-2 as prescribed by the version of section	895
124.152 of the Revised Code in effect immediately prior to the	896
effective date of this amendment and whose primary duties do not	897
require the exercise of administrative discretion; or any member	898
of a board, commission, or bureau of any county or city who	899
receives less than one thousand dollars per year for serving in	900
that position.	901

Sec. 103.74. The correctional institution inspection	902
committee may employ a director and any other nonlegal staff, who	903
shall be in the unclassified service of the state, that are	904
necessary for the committee to carry out its duties and may	905
contract for the services of whatever nonlegal technical advisors	906
are necessary for the committee to carry out its duties. The	907
attorney general shall act as legal counsel to the committee.	908

The chairperson and vice-chairperson of the legislative	909
service commission shall fix the compensation of the director. The	910
director, with the approval of the director of the legislative	911
service commission, shall fix the compensation of other staff of	912
the committee in accordance with a salary schedule established by	913
the director of the legislative service commission. The director	914
of the legislative service commission, when establishing the	915
salary schedule, shall require merit to be the only basis, and the	916
director of the correctional institution inspection committee	917
shall use merit as the only basis for an employee's progression	918
through the schedule. Contracts for the services of necessary	919
technical advisors shall be approved by the director of the	920
legislative service commission.	921

The general assembly shall biennially appropriate to the	922
correctional institution inspection committee an amount sufficient	923
to enable the committee to perform its duties. Salaries and	924
expenses incurred by the committee shall be paid from that	925
appropriation upon vouchers approved by the chairperson of the	926
committee.	927

Sec. 109.33. The attorney general may appoint, with salaries	928
fixed ~~pursuant to section 124.15 or 124.152 of the Revised Code~~by	929
the attorney general based on merit, such assistants and may	930
employ such stenographers and clerks as may be necessary to carry	931
out sections 109.23 to 109.33 of the Revised Code. The attorney	932
general may also employ experts for assistance in any specific	933
matter at a reasonable rate of compensation.	934

Sec. 120.40. The ~~pay ranges established~~salary or wage fixed	935
by the board of county commissioners for the county public	936
defender and staff, and those established by the joint board of	937
county commissioners for the joint county public defender and	938
staff, shall not exceed the ~~pay ranges assigned~~highest salary or	939
wage fixed under section 124.14 of the Revised Code for comparable	940
positions of the Ohio public defender and staff.	941

Sec. 121.40. (A) There is hereby created the Ohio community	942
service council consisting of twenty-one voting members including	943
the superintendent of public instruction or the superintendent's	944
designee, the chancellor of the Ohio board of regents or the	945
chancellor's designee, the director of youth services or the	946
director's designee, the director of aging or the director's	947
designee, the chairperson of the committee of the house of	948
representatives dealing with education or the chairperson's	949
designee, the chairperson of the committee of the senate dealing	950
with education or the chairperson's designee, and fifteen members	951
who shall be appointed by the governor with the advice and consent	952
of the senate and who shall serve terms of office of three years.	953
The appointees shall include educators, including teachers and	954
administrators; representatives of youth organizations; students	955
and parents; representatives of organizations engaged in volunteer	956
program development and management throughout the state, including	957
youth and conservation programs; and representatives of business,	958
government, nonprofit organizations, social service agencies,	959
veterans organizations, religious organizations, or philanthropies	960
that support or encourage volunteerism within the state. The	961
director of the governor's office of faith-based and community	962
initiatives shall serve as a nonvoting ex officio member of the	963
council. Members of the council shall receive no compensation, but	964
shall be reimbursed for actual and necessary expenses incurred in	965
the performance of their official duties.	966

(B) The council shall appoint an executive director for the	967
council, who shall be in the unclassified civil service. The	968
governor shall be informed of the appointment of an executive	969
director before such an appointment is made. The executive	970
director shall supervise the council's activities and report to	971
the council on the progress of those activities. The executive	972
director shall do all things necessary for the efficient and	973
effective implementation of the duties of the council.	974

The responsibilities assigned to the executive director do	975
not relieve the members of the council from final responsibility	976
for the proper performance of the requirements of this section.	977

(C) The council or its designee shall do all of the	978
following:	979

(1) Employ, promote, supervise, and remove all employees as	980
needed in connection with the performance of its duties under this	981
section and may assign duties to those employees as necessary to	982
achieve the most efficient performance of its functions, and to	983
that end may establish, change, or abolish positions, and assign	984
and reassign duties and responsibilities of any employee of the	985
council. ~~Personnel employed by the council who are subject to~~	986
~~Chapter 4117. of the Revised Code shall retain all of their rights~~	987
~~and benefits conferred pursuant to that chapter. Nothing in this~~	988
~~chapter shall be construed as eliminating or interfering with~~	989
~~Chapter 4117. of the Revised Code or the rights and benefits~~	990
~~conferred under that chapter to public employees or to any~~	991
~~bargaining unit.~~	992

(2) Maintain its office in Columbus, and may hold sessions at	993
any place within the state;	994

(3) Acquire facilities, equipment, and supplies necessary to	995
house the council, its employees, and files and records under its	996
control, and to discharge any duty imposed upon it by law. The	997
expense of these acquisitions shall be audited and paid for in the	998
same manner as other state expenses. For that purpose, the council	999
shall prepare and submit to the office of budget and management a	1000
budget for each biennium according to sections 101.532 and 107.03	1001
of the Revised Code. The budget submitted shall cover the costs of	1002
the council and its staff in the discharge of any duty imposed	1003
upon the council by law. The council shall not delegate any	1004
authority to obligate funds.	1005

(4) Pay its own payroll and other operating expenses from	1006
line items designated by the general assembly;	1007

(5) Retain its fiduciary responsibility as appointing	1008
authority. Any transaction instructions shall be certified by the	1009
appointing authority or its designee.	1010

(6) Establish the overall policy and management of the	1011
council in accordance with this chapter;	1012

(7) Assist in coordinating and preparing the state	1013
application for funds under sections 101 to 184 of the "National	1014
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	1015
U.S.C.A. 12411 to 12544, as amended, assist in administering and	1016
overseeing the "National and Community Service Trust Act of 1993,"	1017
P.L. 103-82, 107 Stat. 785, and the americorps program in this	1018
state, and assist in developing objectives for a comprehensive	1019
strategy to encourage and expand community service programs	1020
throughout the state;	1021

(8) Assist the state board of education, school districts,	1022
the chancellor of the board of regents, and institutions of higher	1023
education in coordinating community service education programs	1024
through cooperative efforts between institutions and organizations	1025
in the public and private sectors;	1026

(9) Assist the departments of natural resources, youth	1027
services, aging, and job and family services in coordinating	1028
community service programs through cooperative efforts between	1029
institutions and organizations in the public and private sectors;	1030

(10) Suggest individuals and organizations that are available	1031
to assist school districts, institutions of higher education, and	1032
the departments of natural resources, youth services, aging, and	1033
job and family services in the establishment of community service	1034
programs and assist in investigating sources of funding for	1035
implementing these programs;	1036

(11) Assist in evaluating the state's efforts in providing	1037
community service programs using standards and methods that are	1038
consistent with any statewide objectives for these programs and	1039
provide information to the state board of education, school	1040
districts, the chancellor of the board of regents, institutions of	1041
higher education, and the departments of natural resources, youth	1042
services, aging, and job and family services to guide them in	1043
making decisions about these programs;	1044

(12) Assist the state board of education in complying with	1045
section 3301.70 of the Revised Code and the chancellor of the	1046
board of regents in complying with division (B)(2) of section	1047
3333.043 of the Revised Code;	1048

(13) Advise, assist, consult with, and cooperate with, by	1049
contract or otherwise, agencies and political subdivisions of this	1050
state in establishing a statewide system for volunteers pursuant	1051
to section 121.404 of the Revised Code.	1052

(D) The council shall in writing enter into an agreement with	1053
another state agency to serve as the council's fiscal agent.	1054
Before entering into such an agreement, the council shall inform	1055
the governor of the terms of the agreement and of the state agency	1056
designated to serve as the council's fiscal agent. The fiscal	1057
agent shall be responsible for all the council's fiscal matters	1058
and financial transactions, as specified in the agreement.	1059
Services to be provided by the fiscal agent include, but are not	1060
limited to, the following:	1061

(1) Preparing and processing payroll and other personnel	1062
documents that the council executes as the appointing authority;	1063

(2) Maintaining ledgers of accounts and reports of account	1064
balances, and monitoring budgets and allotment plans in	1065
consultation with the council; and	1066

(3) Performing other routine support services that the fiscal	1067
agent considers appropriate to achieve efficiency.	1068

(E)(1) The council, in conjunction and consultation with the	1069
fiscal agent, has the following authority and responsibility	1070
relative to fiscal matters:	1071

(a) Sole authority to draw funds for any and all federal	1072
programs in which the council is authorized to participate;	1073

(b) Sole authority to expend funds from their accounts for	1074
programs and any other necessary expenses the council may incur	1075
and its subgrantees may incur; and	1076

(c) Responsibility to cooperate with and inform the fiscal	1077
agent fully of all financial transactions.	1078

(2) The council shall follow all state procurement, fiscal,	1079
human resources, statutory, and administrative rule requirements.	1080

(3) The fiscal agent shall determine fees to be charged to	1081
the council, which shall be in proportion to the services	1082
performed for the council.	1083

(4) The council shall pay fees owed to the fiscal agent from	1084
a general revenue fund of the council or from any other fund from	1085
which the operating expenses of the council are paid. Any amounts	1086
set aside for a fiscal year for the payment of these fees shall be	1087
used only for the services performed for the council by the fiscal	1088
agent in that fiscal year.	1089

(F) The council may accept and administer grants from any	1090
source, public or private, to carry out any of the council's	1091
functions this section establishes.	1092

Sec. 122.40. (A) There is hereby created the development	1093
financing advisory council to assist in carrying out the programs	1094
created pursuant to sections 122.39 to 122.62 and Chapter 166. of	1095
the Revised Code.	1096

(B) The council shall consist of eight members appointed by	1097
the governor, with the advice and consent of the senate, who are	1098
selected for their knowledge of and experience in economic	1099
development financing, one member of the senate appointed by the	1100
president of the senate, one member of the house of	1101
representatives appointed by the speaker of the house of	1102
representatives, and the director of development or the director's	1103
designee. With respect to the council:	1104

(1) No more than four members of the council appointed by the	1105
governor shall be members of the same political party.	1106

(2) Each member shall hold office from the date of the	1107
member's appointment until the end of the term for which the	1108
member was appointed.	1109

(3) The terms of office for the eight members appointed by	1110
the governor shall be for five years commencing on the first day	1111
of January and ending on the thirty-first day of December. The	1112
members appointed by the governor who are serving terms of office	1113
of seven years on December 30, 2004, shall continue to serve those	1114
terms, but their successors in office, including the filling of a	1115
vacancy occurring prior to the expiration of those terms, shall be	1116
appointed for terms of five years in accordance with this	1117
division.	1118

(4) Any member of the council is eligible for reappointment.

1119

(5) As a term of a member of the council appointed by the	1120
governor expires, the governor shall appoint a successor with the	1121
advice and consent of the senate.	1122

(6) Except as otherwise provided in division (B)(3) of this	1123
section, any member appointed to fill a vacancy occurring prior to	1124
the expiration of the term for which the member's predecessor was	1125
appointed shall hold office for the remainder of the predecessor's	1126
term.	1127

(7) Any member shall continue in office subsequent to the	1128
expiration date of the member's term until the member's successor	1129
takes office, or until a period of sixty days has elapsed,	1130
whichever occurs first.	1131

(8) Before entering upon duties as a member of the council,	1132
each member shall take an oath provided by Section 7 of Article	1133
XV, Ohio Constitution.	1134

(9) The governor may, at any time, remove any nonlegislative	1135
member pursuant to section 3.04 of the Revised Code.	1136

(10) Members of the council, notwithstanding section 101.26	1137
of the Revised Code with respect to members who are members of the	1138
general assembly, shall receive their necessary and actual	1139
expenses while engaged in the business of the council and shall be	1140
paid at ~~the~~a per diem rate ~~of step 1, pay range 31, of~~determined	1141
under division (A) of section 124.15 of the Revised Code.	1142

(11) Six members of the council constitute a quorum and the	1143
affirmative vote of six members is necessary for any action taken	1144
by the council.	1145

(12) In the event of the absence of a member appointed by the	1146
president of the senate or by the speaker of the house of	1147
representatives, the following persons may serve in the member's	1148
absence: the president of the senate or the speaker of the house,	1149
as the case may be, or a member of the senate or of the house of	1150
representatives, of the same political party as the development	1151
financing advisory council member, designated by the president of	1152
the senate or the speaker of the house.	1153

Sec. 122.64. (A) There is hereby established in the	1154
department of development a division of economic development. The	1155
division shall be supervised by a deputy director appointed by the	1156
director of development.	1157

The division is responsible for the administration of the	1158
state economic development financing programs established pursuant	1159
to sections 122.17 and 122.18, sections 122.39 to 122.62, and	1160
Chapter 166. of the Revised Code and for coordinating the	1161
activities of the development financing advisory council so as to	1162
ensure the efficient administration of the programs.	1163

(B) The director of development shall:

1164

(1) Appoint an individual to serve as director of the	1165
development financing advisory council;	1166

(2) Receive applications for assistance pursuant to sections	1167
122.39 to 122.62 and Chapter 166. of the Revised Code. The	1168
director shall process the applications and, except as provided in	1169
division (C)(2) of section 166.05 of the Revised Code, forward	1170
them to the development financing advisory council. As	1171
appropriate, the director shall receive the recommendations of the	1172
council as to applications for assistance.	1173

(3) With the approval of the director of administrative	1174
services, establish salary schedules for employees of the various	1175
positions of employment with the division and assign the various	1176
positions to those salary schedules;	1177

(4) Furnish and pay for, out of funds appropriated to the	1178
department of development for that purpose, office space and	1179
associated utilities service, for the development financing	1180
advisory council;	1181

(5) Employ and fix the compensation of financial consultants,	1182
appraisers, consulting engineers, superintendents, managers,	1183
construction and accounting experts, attorneys, and other agents	1184
for the assistance programs authorized pursuant to sections 122.17	1185
and 122.18, sections 122.39 to 122.62, and Chapter 166. of the	1186
Revised Code as are necessary;	1187

(6) Supervise the administrative operations of the division;

1188

(7) On or before the first day of October in each year, make	1189
an annual report of the activities and operations under assistance	1190
programs authorized pursuant to sections 122.39 to 122.62 and	1191
Chapter 166. of the Revised Code for the preceding fiscal year to	1192
the governor and the general assembly. Each such report shall set	1193
forth a complete operating and financial statement covering such	1194
activities and operations during the year in accordance with	1195
generally accepted accounting principles and shall be audited by a	1196
certified public accountant. The director of development shall	1197
transmit a copy of the audited financial report to the office of	1198
budget and management.	1199

(C) The director of development, when establishing the salary	1200
schedules required under division (B)(3) of this section, shall	1201
use merit as the only basis for an employee's progression through	1202
the schedule.	1203

Sec. 122.72. (A) There is hereby created the minority	1204
development financing advisory board to assist in carrying out the	1205
programs created pursuant to sections 122.71 to 122.89 of the	1206
Revised Code.	1207

(B) The board shall consist of ten members. The director of	1208
development or the director's designee shall be a voting member on	1209
the board. Seven members shall be appointed by the governor with	1210
the advice and consent of the senate and selected because of their	1211
knowledge of and experience in industrial, business, and	1212
commercial financing, suretyship, construction, and their	1213
understanding of the problems of minority business enterprises;	1214
one member also shall be a member of the senate and appointed by	1215
the president of the senate, and one member also shall be a member	1216
of the house of representatives and appointed by the speaker of	1217
the house of representatives. With respect to the board, all of	1218
the following apply:	1219

(1) Not more than four of the members of the board appointed	1220
by the governor shall be of the same political party.	1221

(2) Each member shall hold office from the date of the	1222
member's appointment until the end of the term for which the	1223
member was appointed.	1224

(3) The terms of office for the seven members appointed by	1225
the governor shall be for seven years, commencing on the first day	1226
of October and ending on the thirtieth day of September of the	1227
seventh year, except that of the original seven members, three	1228
shall be appointed for three years and two shall be appointed for	1229
five years.	1230

(4) Any member of the board is eligible for reappointment.

1231

(5) Any member appointed to fill a vacancy occurring prior to	1232
the expiration of the term for which the member's predecessor was	1233
appointed shall hold office for the remainder of the predecessor's	1234
term.	1235

(6) Any member shall continue in office subsequent to the	1236
expiration date of the member's term until the member's successor	1237
takes office, or until a period of sixty days has elapsed,	1238
whichever occurs first.	1239

(7) Before entering upon official duties as a member of the	1240
board, each member shall take an oath as provided by Section 7 of	1241
Article XV, Ohio Constitution.	1242

(8) The governor may, at any time, remove any member	1243
appointed by the governor pursuant to section 3.04 of the Revised	1244
Code.	1245

(9) Notwithstanding section 101.26 of the Revised Code,	1246
members shall receive their necessary and actual expenses while	1247
engaged in the business of the board and shall be paid at ~~the~~a	1248
per diem rate ~~of step 1 of pay range 31~~determined under division	1249
(A) of section 124.15 of the Revised Code.	1250

(10) Six members of the board constitute a quorum and the	1251
affirmative vote of six members is necessary for any action taken	1252
by the board.	1253

(11) In the event of the absence of a member appointed by the	1254
president of the senate or by the speaker of the house of	1255
representatives, either of the following persons may serve in the	1256
member's absence:	1257

(a) The president of the senate or the speaker of the house	1258
of representatives, whoever appointed the absent member;	1259

(b) A member of the senate or of the house of representatives	1260
of the same political party as the absent member, as designated by	1261
the president of the senate or the speaker of the house of	1262
representatives, whoever appointed the absent member.	1263

(12) The board shall annually elect one of its members as	1264
chairperson and another as vice-chairperson.	1265

Sec. 124.03. (A) The state personnel board of review shall	1266
exercise the following powers and perform the following duties:	1267

(1) Hear appeals, as provided by law, of employees in the	1268
classified state service from final decisions of appointing	1269
authorities or the director of administrative services relative to	1270
reduction in pay or position, job abolishments, layoff,	1271
suspension, discharge, assignment or reassignment to a new or	1272
different position classification, or refusal of the director, or	1273
anybody authorized to perform the director's functions, to	1274
reassign an employee to another classification or to reclassify	1275
the employee's position with or without a job audit under division	1276
(D) of section 124.14 of the Revised Code. As used in this	1277
division, "discharge" includes disability separations.	1278

The state personnel board of review may affirm, disaffirm, or	1279
modify the decisions of the appointing authorities or the	1280
director, as the case may be, and its decision is final. The	1281
decisions of the state personnel board of review shall be	1282
consistent with the applicable classification specifications.	1283

The state personnel board of review shall not be deprived of	1284
jurisdiction to hear any appeal due to the failure of an	1285
appointing authority to file its decision with the board. Any	1286
final decision of an appointing authority or of the director not	1287
filed in the manner provided in this chapter shall be disaffirmed.	1288

~~The state personnel board of review may place an exempt~~	1289
~~employee, as defined in section 124.152 of the Revised Code, into~~	1290
~~a bargaining unit classification, if the state personnel board of~~	1291
~~review determines that the bargaining unit classification is the~~	1292
~~proper classification for that employee. Notwithstanding Chapter~~	1293
~~4117. of the Revised Code or instruments and contracts negotiated~~	1294
~~under it, such placements are at the discretion of the state~~	1295
~~personnel board of review.~~	1296

The mere failure of an employee's appointing authority to	1297
file a statement with the department of administrative services	1298
indicating that the employee is in the unclassified civil service,	1299
or the mere late filing of such a statement, does not prevent the	1300
state personnel board of review from determining that the employee	1301
is in the unclassified civil service. In determining whether an	1302
employee is in the unclassified civil service, the state personnel	1303
board of review shall consider the inherent nature of the duties	1304
of the employee's classification during the two-year period	1305
immediately preceding the appointing authority's appealable action	1306
relating to the employee.	1307

In any hearing before the state personnel board of review,	1308
including any hearing at which a record is taken that may be the	1309
basis of an appeal to a court, an employee may be represented by a	1310
person permitted to practice before the state personnel board of	1311
review who is not an attorney at law as long as the person does	1312
not receive any compensation from the employee for the	1313
representation.	1314

(2) Hear appeals, as provided by law, of appointing	1315
authorities from final decisions of the director relative to the	1316
classification or reclassification of any position in the	1317
classified state service under the jurisdiction of that appointing	1318
authority. The state personnel board of review may affirm,	1319
disaffirm, or modify the decisions of the director, and its	1320
decision is final. The decisions of the state personnel board of	1321
review shall be consistent with the applicable classification	1322
specifications.	1323

(3) Exercise the authority provided by section 124.40 of the	1324
Revised Code, for appointment, removal, and supervision of	1325
municipal and civil service township civil service commissions;	1326

(4) Utilize employees provided by the state employment	1327
relations board in the exercise of the powers and performance of	1328
the duties and functions of the state personnel board of review	1329
under this chapter;	1330

(5) Maintain a journal that shall be open to public	1331
inspection, in which it shall keep a record of all of its	1332
proceedings and of the vote of each of its members upon every	1333
action taken by it;	1334

(6) Adopt rules in accordance with Chapter 119. of the	1335
Revised Code relating to the procedure of the state personnel	1336
board of review in administering the laws it has the authority or	1337
duty to administer and for the purpose of invoking the	1338
jurisdiction of the state personnel board of review in hearing	1339
appeals of appointing authorities and employees in matters set	1340
forth in divisions (A)(1) and (2) of this section;	1341

(7) Subpoena and require the attendance and testimony of	1342
witnesses and the production of books, papers, public records, and	1343
other documentary evidence pertinent to any matter it has	1344
authority to investigate, inquire into, or hear in the same manner	1345
and to the same extent as provided by division (G) of section	1346
124.09 of the Revised Code. All witness fees shall be paid in the	1347
manner set forth in that division.	1348

(B) The state personnel board of review shall exist as a	1349
separate entity within the administrative structure of the state	1350
employment relations board.	1351

(C) The state personnel board of review shall be funded by	1352
general revenue fund appropriations. All moneys received by the	1353
state personnel board of review for copies of documents, rule	1354
books, and transcriptions shall be paid into the state treasury to	1355
the credit of the training, publications, and grants fund created	1356
in section 4117.24 of the Revised Code.	1357

Sec. 124.11. The civil service of the state and the several	1358
counties, cities, civil service townships, city health districts,	1359
general health districts, and city school districts of the state	1360
shall be divided into the unclassified service and the classified	1361
service.	1362

(A) The unclassified service shall comprise the following	1363
positions, which shall not be included in the classified service,	1364
and which shall be exempt from all examinations required by this	1365
chapter:	1366

(1) All officers elected by popular vote or persons appointed	1367
to fill vacancies in those offices;	1368

(2) All election officers as defined in section 3501.01 of	1369
the Revised Code;	1370

(3)(a) The members of all boards and commissions, and heads	1371
of principal departments, boards, and commissions appointed by the	1372
governor or by and with the governor's consent;	1373

(b) The heads of all departments appointed by a board of	1374
county commissioners;	1375

(c) The members of all boards and commissions and all heads	1376
of departments appointed by the mayor, or, if there is no mayor,	1377
such other similar chief appointing authority of any city or city	1378
school district;	1379

Except as otherwise provided in division (A)(17) or (C) of	1380
this section, this chapter does not exempt the chiefs of police	1381
departments and chiefs of fire departments of cities or civil	1382
service townships from the competitive classified service.	1383

(4) The members of county or district licensing boards or	1384
commissions and boards of revision, and not more than five deputy	1385
county auditors;	1386

(5) All officers and employees elected or appointed by either	1387
or both branches of the general assembly, and employees of the	1388
city legislative authority engaged in legislative duties;	1389

(6) All commissioned, warrant, and noncommissioned officers	1390
and enlisted persons in the Ohio organized militia, including	1391
military appointees in the adjutant general's department;	1392

(7)(a) All presidents, business managers, administrative	1393
officers, superintendents, assistant superintendents, principals,	1394
deans, assistant deans, instructors, teachers, and such employees	1395
as are engaged in educational or research duties connected with	1396
the public school system, colleges, and universities, as	1397
determined by the governing body of the public school system,	1398
colleges, and universities;	1399

(b) The library staff of any library in the state supported	1400
wholly or in part at public expense.	1401

(8) Four clerical and administrative support employees for	1402
each of the elective state officers, four clerical and	1403
administrative support employees for each board of county	1404
commissioners and one such employee for each county commissioner,	1405
and four clerical and administrative support employees for other	1406
elective officers and each of the principal appointive executive	1407
officers, boards, or commissions, except for civil service	1408
commissions, that are authorized to appoint such clerical and	1409
administrative support employees;	1410

(9) The deputies and assistants of state agencies authorized	1411
to act for and on behalf of the agency, or holding a fiduciary or	1412
administrative relation to that agency and those persons employed	1413
by and directly responsible to elected county officials or a	1414
county administrator and holding a fiduciary or administrative	1415
relationship to such elected county officials or county	1416
administrator, and the employees of such county officials whose	1417
fitness would be impracticable to determine by competitive	1418
examination, provided that division (A)(9) of this section shall	1419
not affect those persons in county employment in the classified	1420
service as of September 19, 1961. Nothing in division (A)(9) of	1421
this section applies to any position in a county department of job	1422
and family services created pursuant to Chapter 329. of the	1423
Revised Code.	1424

(10) Bailiffs, constables, official stenographers, and	1425
commissioners of courts of record, deputies of clerks of the	1426
courts of common pleas who supervise or who handle public moneys	1427
or secured documents, and such officers and employees of courts of	1428
record and such deputies of clerks of the courts of common pleas	1429
as the director of administrative services finds it impracticable	1430
to determine their fitness by competitive examination;	1431

(11) Assistants to the attorney general, special counsel	1432
appointed or employed by the attorney general, assistants to	1433
county prosecuting attorneys, and assistants to city directors of	1434
law;	1435

(12) Such teachers and employees in the agricultural	1436
experiment stations; such students in normal schools, colleges,	1437
and universities of the state who are employed by the state or a	1438
political subdivision of the state in student or intern	1439
classifications; and such unskilled labor positions as the	1440
director of administrative services or any municipal civil service	1441
commission may find it impracticable to include in the competitive	1442
classified service; provided such exemptions shall be by order of	1443
the commission or the director, duly entered on the record of the	1444
commission or the director with the reasons for each such	1445
exemption;	1446

(13) Any physician or dentist who is a full-time employee of	1447
the department of mental health, the department of developmental	1448
disabilities, or an institution under the jurisdiction of either	1449
department; and physicians who are in residency programs at the	1450
institutions;	1451

(14) Up to twenty positions at each institution under the	1452
jurisdiction of the department of mental health or the department	1453
of developmental disabilities that the department director	1454
determines to be primarily administrative or managerial; and up to	1455
fifteen positions in any division of either department, excluding	1456
administrative assistants to the director and division chiefs,	1457
which are within the immediate staff of a division chief and which	1458
the director determines to be primarily and distinctively	1459
administrative and managerial;	1460

(15) Noncitizens of the United States employed by the state,	1461
or its counties or cities, as physicians or nurses who are duly	1462
licensed to practice their respective professions under the laws	1463
of this state, or medical assistants, in mental or chronic disease	1464
hospitals, or institutions;	1465

(16) Employees of the governor's office;

1466

(17) Fire chiefs and chiefs of police in civil service	1467
townships appointed by boards of township trustees under section	1468
505.38 or 505.49 of the Revised Code;	1469

(18) Executive directors, deputy directors, and program	1470
directors employed by boards of alcohol, drug addiction, and	1471
mental health services under Chapter 340. of the Revised Code, and	1472
secretaries of the executive directors, deputy directors, and	1473
program directors;	1474

(19) Superintendents, and management employees as defined in	1475
section 5126.20 of the Revised Code, of county boards of	1476
developmental disabilities;	1477

(20) Physicians, nurses, and other employees of a county	1478
hospital who are appointed pursuant to sections 339.03 and 339.06	1479
of the Revised Code;	1480

(21) The executive director of the state medical board, who	1481
is appointed pursuant to division (B) of section 4731.05 of the	1482
Revised Code;	1483

(22) County directors of job and family services as provided	1484
in section 329.02 of the Revised Code and administrators appointed	1485
under section 329.021 of the Revised Code;	1486

(23) A director of economic development who is hired pursuant	1487
to division (A) of section 307.07 of the Revised Code;	1488

(24) Chiefs of construction and compliance, of operations and	1489
maintenance, of worker protection, and of licensing and	1490
certification in the division of labor in the department of	1491
commerce;	1492

(25) The executive director of a county transit system	1493
appointed under division (A) of section 306.04 of the Revised	1494
Code;	1495

(26) Up to five positions at each of the administrative	1496
departments listed in section 121.02 of the Revised Code and at	1497
the department of taxation, department of the adjutant general,	1498
department of education, Ohio board of regents, bureau of workers'	1499
compensation, industrial commission, state lottery commission, and	1500
public utilities commission of Ohio that the head of that	1501
administrative department or of that other state agency determines	1502
to be involved in policy development and implementation. The head	1503
of the administrative department or other state agency shall set	1504
the compensation for employees in these positions at a rate that	1505
is not less than the minimum compensation specified in pay range	1506
41 but not more than the maximum compensation specified in pay	1507
range 44 of salary schedule E-2 prescribed in the version of	1508
section 124.152 of the Revised Code in effect immediately prior to	1509
the effective date of this amendment. The authority to establish	1510
positions in the unclassified service under division (A)(26) of	1511
this section is in addition to and does not limit any other	1512
authority that an administrative department or state agency has	1513
under the Revised Code to establish positions, appoint employees,	1514
or set compensation.	1515

(27) Employees of the department of agriculture employed	1516
under section 901.09 of the Revised Code;	1517

(28) For cities, counties, civil service townships, city	1518
health districts, general health districts, and city school	1519
districts, the deputies and assistants of elective or principal	1520
executive officers authorized to act for and in the place of their	1521
principals or holding a fiduciary relation to their principals;	1522

(29) Employees who receive intermittent or temporary	1523
appointments under division (B) of section 124.30 of the Revised	1524
Code;	1525

(30) Employees appointed to administrative staff positions	1526
for which an appointing authority is given specific statutory	1527
authority to set compensation;	1528

(31) Employees appointed to highway patrol cadet or highway	1529
patrol cadet candidate classifications;	1530

(32) Employees placed in the unclassified service by another	1531
section of the Revised Code.	1532

(B) The classified service shall comprise all persons in the	1533
employ of the state and the several counties, cities, city health	1534
districts, general health districts, and city school districts of	1535
the state, not specifically included in the unclassified service.	1536
Upon the creation by the board of trustees of a civil service	1537
township civil service commission, the classified service shall	1538
also comprise, except as otherwise provided in division (A)(17) or	1539
(C) of this section, all persons in the employ of a civil service	1540
township police or fire department having ten or more full-time	1541
paid employees. The classified service consists of two classes,	1542
which shall be designated as the competitive class and the	1543
unskilled labor class.	1544

(1) The competitive class shall include all positions and	1545
employments in the state and the counties, cities, city health	1546
districts, general health districts, and city school districts of	1547
the state, and, upon the creation by the board of trustees of a	1548
civil service township of a township civil service commission, all	1549
positions in a civil service township police or fire department	1550
having ten or more full-time paid employees, for which it is	1551
practicable to determine the merit and fitness of applicants by	1552
competitive examinations. Appointments shall be made to, or	1553
employment shall be given in, all positions in the competitive	1554
class that are not filled by promotion, reinstatement, transfer,	1555
or reduction, as provided in this chapter, and the rules of the	1556
director of administrative services, by appointment from those	1557
certified to the appointing officer in accordance with this	1558
chapter.	1559

(2) The unskilled labor class shall include ordinary	1560
unskilled laborers. Vacancies in the labor class for positions in	1561
service of the state shall be filled by appointment from lists of	1562
applicants registered by the director. Vacancies in the labor	1563
class for all other positions shall be filled by appointment from	1564
lists of applicants registered by a commission. The director or	1565
the commission, as applicable, by rule, shall require an applicant	1566
for registration in the labor class to furnish evidence or take	1567
tests as the director or commission considers proper with respect	1568
to age, residence, physical condition, ability to labor, honesty,	1569
sobriety, industry, capacity, and experience in the work or	1570
employment for which application is made. Laborers who fulfill the	1571
requirements shall be placed on the eligible list for the kind of	1572
labor or employment sought, and preference shall be given in	1573
employment in accordance with the rating received from that	1574
evidence or in those tests. Upon the request of an appointing	1575
officer, stating the kind of labor needed, the pay and probable	1576
length of employment, and the number to be employed, the director	1577
or commission, as applicable, shall certify from the highest on	1578
the list double the number to be employed; from this number, the	1579
appointing officer shall appoint the number actually needed for	1580
the particular work. If more than one applicant receives the same	1581
rating, priority in time of application shall determine the order	1582
in which their names shall be certified for appointment.	1583

(C) A municipal or civil service township civil service	1584
commission may place volunteer firefighters who are paid on a	1585
fee-for-service basis in either the classified or the unclassified	1586
civil service.	1587

(D) This division does not apply to persons in the	1588
unclassified service who have the right to resume positions in the	1589
classified service under sections 4121.121, 5119.071, 5120.38,	1590
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	1591
Code.	1592

An appointing authority whose employees are paid directly by	1593
warrant of the director of budget and management may appoint a	1594
person who holds a certified position in the classified service	1595
within the appointing authority's agency to a position in the	1596
unclassified service within that agency. A person appointed	1597
pursuant to this division to a position in the unclassified	1598
service shall retain the right to resume the position and status	1599
held by the person in the classified service immediately prior to	1600
the person's appointment to the position in the unclassified	1601
service, regardless of the number of positions the person held in	1602
the unclassified service. An employee's right to resume a position	1603
in the classified service may only be exercised when an appointing	1604
authority demotes the employee to a pay ~~range~~ lower than the	1605
employee's current pay ~~range~~ or revokes the employee's appointment	1606
to the unclassified service. An employee forfeits the right to	1607
resume a position in the classified service when the employee is	1608
removed from the position in the unclassified service due to	1609
incompetence, inefficiency, dishonesty, drunkenness, immoral	1610
conduct, insubordination, discourteous treatment of the public,	1611
neglect of duty, violation of this chapter or the rules of the	1612
director of administrative services, any other failure of good	1613
behavior, any other acts of misfeasance, malfeasance, or	1614
nonfeasance in office, or conviction of a felony. An employee also	1615
forfeits the right to resume a position in the classified service	1616
upon transfer to a different agency.	1617

Reinstatement to a position in the classified service shall	1618
be to a position substantially equal to that position in the	1619
classified service held previously, as certified by the director	1620
of administrative services. If the position the person previously	1621
held in the classified service has been placed in the unclassified	1622
service or is otherwise unavailable, the person shall be appointed	1623
to a position in the classified service within the appointing	1624
authority's agency that the director of administrative services	1625
certifies is comparable in compensation to the position the person	1626
previously held in the classified service. Service in the position	1627
in the unclassified service shall be counted as service in the	1628
position in the classified service held by the person immediately	1629
prior to the person's appointment to the position in the	1630
unclassified service. When a person is reinstated to a position in	1631
the classified service as provided in this division, the person is	1632
entitled to all rights, status, and benefits accruing to the	1633
position in the classified service during the person's time of	1634
service in the position in the unclassified service.	1635

Sec. 124.14. (A)(1) The director of administrative services	1636
shall establish, and may modify or rescind, by rule, a job	1637
classification plan for all positions, offices, and employments	1638
the salaries of which are paid in whole or in part by the state.	1639
The director shall group jobs within a classification so that the	1640
positions are similar enough in duties and responsibilities to be	1641
described by the same title~~, to have the same pay assigned with~~	1642
~~equity,~~ and to have the same qualifications for selection applied.	1643
The director shall, by rule, assign a classification title to each	1644
classification within the classification plan. However, the	1645
director shall consider in establishing classifications, including	1646
classifications with parenthetical titles, ~~and assigning pay~~	1647
~~ranges~~ such factors as duties performed only on one shift, special	1648
skills in short supply in the labor market, recruitment problems,	1649
separation rates, ~~comparative salary rates,~~ the amount of training	1650
required, and other conditions affecting employment. The director	1651
shall describe the duties and responsibilities of the class,	1652
establish the qualifications for being employed in each position	1653
in the class, and file with the secretary of state a copy of	1654
specifications for all of the classifications. The director shall	1655
file new, additional, or revised specifications with the secretary	1656
of state before they are used.	1657

~~The director shall, by rule, assign each classification,~~	1658
~~either on a statewide basis or in particular counties or state~~	1659
~~institutions, to a pay range established under section 124.15 or~~	1660
~~section 124.152 of the Revised Code. The director may assign a~~	1661
~~classification to a pay range on a temporary basis for a period of~~	1662
~~six months. The director may establish, by rule adopted under~~	1663
~~Chapter 119. of the Revised Code, experimental classification~~	1664
~~plans for some or all employees paid directly by warrant of the~~	1665
~~director of budget and management. The rule shall include~~	1666
~~specifications for each classification within the plan and shall~~	1667
~~specifically address compensation ranges, and methods for~~	1668
~~advancing within the ranges, for the classifications, which may be~~	1669
~~assigned to pay ranges other than the pay ranges established under~~	1670
~~section 124.15 or 124.152 of the Revised Code.~~	1671

An employee whose position is included in the job	1672
classification plan established under this section shall be paid a	1673
wage or salary fixed by the employee's appointing authority. The	1674
wage or salary shall be based solely upon merit. Unless otherwise	1675
provided, if an appointing authority is authorized by the Revised	1676
Code to fix the wage or salary of a public employee without	1677
reference to this chapter or other parameters, the appointing	1678
authority shall fix the public employee's wage or salary based on	1679
merit.	1680

(2) The director of administrative services may reassign to a	1681
proper classification those positions that have been assigned to	1682
an improper classification. ~~If the compensation of an employee in~~	1683
~~such a reassigned position exceeds the maximum rate of pay for the~~	1684
~~employee's new classification, the employee shall be placed in pay~~	1685
~~step X and shall not receive an increase in compensation until the~~	1686
~~maximum rate of pay for that classification exceeds the employee's~~	1687
~~compensation.~~	1688

(3) ~~The director may reassign an exempt employee, as defined~~	1689
~~in section 124.152 of the Revised Code, to a bargaining unit~~	1690
~~classification if the director determines that the bargaining unit~~	1691
~~classification is the proper classification for that employee.~~	1692
~~Notwithstanding Chapter 4117. of the Revised Code or instruments~~	1693
~~and contracts negotiated under it, these placements are at the~~	1694
~~director's discretion.~~	1695

~~(4)~~ The director shall, by rule, assign related	1696
classifications, which form a career progression, to a	1697
classification series. The director shall, by rule, assign each	1698
classification in the classification plan a five-digit number, the	1699
first four digits of which shall denote the classification series	1700
to which the classification is assigned. When a career progression	1701
encompasses more than ten classifications, the director shall, by	1702
rule, identify the additional classifications belonging to a	1703
classification series. The additional classifications shall be	1704
part of the classification series, notwithstanding the fact that	1705
the first four digits of the number assigned to the additional	1706
classifications do not correspond to the first four digits of the	1707
numbers assigned to other classifications in the classification	1708
series.	1709

~~(5)~~(4) The director may establish, modify, or rescind a	1710
classification plan for county agencies that elect not to use the	1711
services and facilities of a county personnel department. The	1712
director shall establish any such classification plan by means of	1713
rules adopted under Chapter 119. of the Revised Code. The rules	1714
shall include a methodology for the establishment of titles unique	1715
to county agencies, the use of state classification titles and	1716
classification specifications for common positions, the criteria	1717
for a county to meet in establishing its own classification plan,	1718
and the establishment of what constitutes a classification series	1719
for county agencies. The director may assess a county agency that	1720
chooses to use the classification plan a usage fee the director	1721
determines. All usage fees the department of administrative	1722
services receives shall be paid into the state treasury to the	1723
credit of the human resources fund created in section 124.07 of	1724
the Revised Code.	1725

(B) Division (A) of this section and sections 124.15 and	1726
124.152 of the Revised Code do not apply to the following persons,	1727
positions, offices, and employments:	1728

(1) Elected officials;

1729

(2) Legislative employees, employees of the legislative	1730
service commission, employees in the office of the governor,	1731
employees who are in the unclassified civil service and who were	1732
exempt from collective bargaining coverage prior to the effective	1733
date of this amendment in the office of the secretary of state,	1734
auditor of state, treasurer of state, and attorney general, and	1735
employees of the supreme court;	1736

(3) Employees of a county children services board that	1737
establishes compensation rates under section 5153.12 of the	1738
Revised Code;	1739

(4) Any position for which the authority to determine	1740
compensation is given by law to another individual or entity;	1741

(5) Employees of the bureau of workers' compensation whose	1742
compensation the administrator of workers' compensation	1743
establishes under division (B) of section 4121.121 of the Revised	1744
Code.	1745

(C) The director may employ a consulting agency to aid and	1746
assist the director in carrying out this section.	1747

(D)(1) When the director proposes to modify a classification	1748
~~or the assignment of classes to appropriate pay ranges~~, the	1749
director shall send written notice of the proposed rule to the	1750
appointing authorities of the affected employees thirty days	1751
before a hearing on the proposed rule. The appointing authorities	1752
shall notify the affected employees regarding the proposed rule.	1753
The director also shall send those appointing authorities notice	1754
of any final rule that is adopted within ten days after adoption.	1755

(2) When the director proposes to reclassify any employee so	1756
that the employee is adversely affected, the director shall give	1757
to the employee affected and to the employee's appointing	1758
authority a written notice setting forth the proposed new	1759
classification~~, pay range, and salary~~. Upon the request of any	1760
classified employee who is not serving in a probationary period,	1761
the director shall perform a job audit to review the	1762
classification of the employee's position to determine whether the	1763
position is properly classified. The director shall give to the	1764
employee affected and to the employee's appointing authority a	1765
written notice of the director's determination whether or not to	1766
reclassify the position or to reassign the employee to another	1767
classification. An employee or appointing authority desiring a	1768
hearing shall file a written request for the hearing with the	1769
state personnel board of review within thirty days after receiving	1770
the notice. The board shall set the matter for a hearing and	1771
notify the employee and appointing authority of the time and place	1772
of the hearing. The employee, the appointing authority, or any	1773
authorized representative of the employee who wishes to submit	1774
facts for the consideration of the board shall be afforded	1775
reasonable opportunity to do so. After the hearing, the board	1776
shall consider anew the reclassification and may order the	1777
reclassification of the employee and require the director to	1778
assign the employee to such appropriate classification as the	1779
facts and evidence warrant. As provided in division (A)(1) of	1780
section 124.03 of the Revised Code, the board may determine the	1781
most appropriate classification for the position of any employee	1782
coming before the board, with or without a job audit. The board	1783
shall disallow any reclassification or reassignment classification	1784
of any employee when it finds that changes have been made in the	1785
duties and responsibilities of any particular employee for	1786
political, religious, or other unjust reasons.	1787

(E)(1) Employees of each county department of job and family	1788
services shall be paid a salary or wage established by the board	1789
of county commissioners. The provisions of section 124.18 of the	1790
Revised Code concerning the standard work week apply to employees	1791
of county departments of job and family services. A board of	1792
county commissioners may do either of the following:	1793

(a) Notwithstanding any other section of the Revised Code,	1794
supplement the sick leave, vacation leave, personal leave, and	1795
other benefits of any employee of the county department of job and	1796
family services of that county, if the employee is eligible for	1797
the supplement under a written policy providing for the	1798
supplement;	1799

(b) Notwithstanding any other section of the Revised Code,	1800
establish alternative schedules of sick leave, vacation leave,	1801
personal leave, or other benefits for employees not inconsistent	1802
with the provisions of a collective bargaining agreement covering	1803
the affected employees.	1804

(2) Division (E)(1) of this section does not apply to	1805
employees for whom the state employment relations board	1806
establishes appropriate bargaining units pursuant to section	1807
4117.06 of the Revised Code, except in either of the following	1808
situations:	1809

(a) The employees for whom the state employment relations	1810
board establishes appropriate bargaining units elect no	1811
representative in a board-conducted representation election.	1812

(b) After the state employment relations board establishes	1813
appropriate bargaining units for such employees, all employee	1814
organizations withdraw from a representation election.	1815

(F)(1) Notwithstanding any contrary provision of sections	1816
124.01 to 124.64 of the Revised Code, the board of trustees of	1817
each state university or college, as defined in section 3345.12 of	1818
the Revised Code, shall carry out all matters of governance	1819
involving the officers and employees of the university or college,	1820
including, but not limited to, the powers, duties, and functions	1821
of the department of administrative services and the director of	1822
administrative services specified in this chapter. Officers and	1823
employees of a state university or college shall have the right of	1824
appeal to the state personnel board of review as provided in this	1825
chapter.	1826

(2) Each board of trustees shall adopt rules under section	1827
111.15 of the Revised Code to carry out the matters of governance	1828
described in division (F)(1) of this section. Until the board of	1829
trustees adopts those rules, a state university or college shall	1830
continue to operate pursuant to the applicable rules adopted by	1831
the director of administrative services under this chapter.	1832

(G)(1) Each board of county commissioners may, by a	1833
resolution adopted by a majority of its members, establish a	1834
county personnel department to exercise the powers, duties, and	1835
functions specified in division (G) of this section. As used in	1836
division (G) of this section, "county personnel department" means	1837
a county personnel department established by a board of county	1838
commissioners under division (G)(1) of this section.	1839

(2)(a) Each board of county commissioners, by a resolution	1840
adopted by a majority of its members, may designate the county	1841
personnel department of the county to exercise the powers, duties,	1842
and functions specified in sections 124.01 to 124.64 and Chapter	1843
325. of the Revised Code with regard to employees in the service	1844
of the county, except for the powers and duties of the state	1845
personnel board of review, which powers and duties shall not be	1846
construed as having been modified or diminished in any manner by	1847
division (G)(2) of this section, with respect to the employees for	1848
whom the board of county commissioners is the appointing authority	1849
or co-appointing authority.	1850

(b) Nothing in division (G)(2) of this section shall be	1851
construed to limit the right of any employee who possesses the	1852
right of appeal to the state personnel board of review to continue	1853
to possess that right of appeal.	1854

(c) Any board of county commissioners that has established a	1855
county personnel department may contract with the department of	1856
administrative services, another political subdivision, or an	1857
appropriate public or private entity to provide competitive	1858
testing services or other appropriate services.	1859

(3) After the county personnel department of a county has	1860
been established as described in division (G)(2) of this section,	1861
any elected official, board, agency, or other appointing authority	1862
of that county, upon written notification to the county personnel	1863
department, may elect to use the services and facilities of the	1864
county personnel department. Upon receipt of the notification by	1865
the county personnel department, the county personnel department	1866
shall exercise the powers, duties, and functions as described in	1867
division (G)(2) of this section with respect to the employees of	1868
that elected official, board, agency, or other appointing	1869
authority.	1870

(4) Each board of county commissioners, by a resolution	1871
adopted by a majority of its members, may disband the county	1872
personnel department.	1873

(5) Any elected official, board, agency, or appointing	1874
authority of a county may end its involvement with a county	1875
personnel department upon actual receipt by the department of a	1876
certified copy of the notification that contains the decision to	1877
no longer participate.	1878

(6) The director of administrative services may, by rule	1879
adopted in accordance with Chapter 119. of the Revised Code,	1880
prescribe criteria and procedures for the following:	1881

(a) A requirement that each county personnel department, in	1882
carrying out its duties, adhere to merit system principles with	1883
regard to employees of county departments of job and family	1884
services, child support enforcement agencies, and public child	1885
welfare agencies so that there is no threatened loss of federal	1886
funding for these agencies, and a requirement that the county be	1887
financially liable to the state for any loss of federal funds due	1888
to the action or inaction of the county personnel department. The	1889
costs associated with audits conducted to monitor compliance with	1890
division (G)(6)(a) of this section shall be reimbursed to the	1891
department of administrative services as determined by the	1892
director. All money the department receives for these audits shall	1893
be paid into the state treasury to the credit of the human	1894
resources fund created in section 124.07 of the Revised Code.	1895

(b) Authorization for the director of administrative services	1896
to conduct periodic audits and reviews of county personnel	1897
departments to guarantee the uniform application of the powers,	1898
duties, and functions exercised pursuant to division (G)(2)(a) of	1899
this section. The costs of the audits and reviews shall be	1900
reimbursed to the department of administrative services as	1901
determined by the director by the county for which the services	1902
are performed. All money the department receives shall be paid	1903
into the state treasury to the credit of the human resources fund	1904
created in section 124.07 of the Revised Code.	1905

(H) The director of administrative services shall establish	1906
the rate and method of compensation, based upon merit, for all	1907
employees who are paid directly by warrant of the director of	1908
budget and management and who are serving in positions that the	1909
director of administrative services has determined impracticable	1910
to include in the state job classification plan. This division	1911
does not apply to elected officials, legislative employees,	1912
employees of the legislative service commission, employees who are	1913
in the unclassified civil service and who were exempt from	1914
collective bargaining coverage prior to the effective date of this	1915
amendment in the office of the secretary of state, auditor of	1916
state, treasurer of state, and attorney general, employees of the	1917
courts, employees of the bureau of workers' compensation whose	1918
compensation the administrator of workers' compensation	1919
establishes under division (B) of section 4121.121 of the Revised	1920
Code, or employees of an appointing authority authorized by law to	1921
fix the compensation of those employees.	1922

(I) The director shall set the rate of compensation for all	1923
~~intermittent,~~ seasonal~~, temporary, emergency,~~ and casual employees	1924
in the service of the state ~~who are not considered public~~	1925
~~employees under section 4117.01 of the Revised Code~~. Those	1926
employees are not entitled to receive employee benefits. This rate	1927
of compensation shall be equitable in terms of the rate of	1928
employees serving in the same or similar classifications and shall	1929
be based upon merit. This division does not apply to elected	1930
officials, legislative employees, employees of the legislative	1931
service commission, employees who are in the unclassified civil	1932
service and who were exempt from collective bargaining coverage	1933
prior to the effective date of this amendment in the office of the	1934
secretary of state, auditor of state, treasurer of state, and	1935
attorney general, employees of the courts, employees of the bureau	1936
of workers' compensation whose compensation the administrator	1937
establishes under division (B) of section 4121.121 of the Revised	1938
Code, or employees of an appointing authority authorized by law to	1939
fix the compensation of those employees.	1940

Sec. 124.15. (A) Board and commission members ~~appointed~~	1941
~~prior to July 1, 1991,~~ shall be paid a salary or wage in	1942
~~accordance with the following schedules of rates:~~	1943

~~Schedule B~~	1944

~~Pay Ranges and Step Values~~	1945

~~Range~~		~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~	1946
23	~~Hourly~~	~~5.72~~	~~5.91~~	~~6.10~~	~~6.31~~	1947
	~~Annually~~	~~11897.60~~	~~12292.80~~	~~12688.00~~	~~13124.80~~	1948
~~Step 5~~	~~Step 6~~				1949
	~~Hourly~~	~~6.52~~	~~6.75~~			1950
	~~Annually~~	~~13561.60~~	~~14040.00~~			1951
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1952
24	~~Hourly~~	~~6.00~~	~~6.20~~	~~6.41~~	~~6.63~~	1953
	~~Annually~~	~~12480.00~~	~~12896.00~~	~~13332.80~~	~~13790.40~~	1954
~~Step 5~~	~~Step 6~~				1955
	~~Hourly~~	~~6.87~~	~~7.10~~			1956
	~~Annually~~	~~14289.60~~	~~14768.00~~			1957
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1958
25	~~Hourly~~	~~6.31~~	~~6.52~~	~~6.75~~	~~6.99~~	1959
	~~Annually~~	~~13124.80~~	~~13561.60~~	~~14040.00~~	~~14539.20~~	1960
~~Step 5~~	~~Step 6~~				1961
	~~Hourly~~	~~7.23~~	~~7.41~~			1962
	~~Annually~~	~~15038.40~~	~~15412.80~~			1963
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1964
26	~~Hourly~~	~~6.63~~	~~6.87~~	~~7.10~~	~~7.32~~	1965
	~~Annually~~	~~13790.40~~	~~14289.60~~	~~14768.00~~	~~15225.60~~	1966
~~Step 5~~	~~Step 6~~				1967
	~~Hourly~~	~~7.53~~	~~7.77~~			1968
	~~Annually~~	~~15662.40~~	~~16161.60~~			1969
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1970
27	~~Hourly~~	~~6.99~~	~~7.23~~	~~7.41~~	~~7.64~~	1971
	~~Annually~~	~~14534.20~~	~~15038.40~~	~~15412.80~~	~~15891.20~~	1972
~~Step 5~~	~~Step 6~~	~~Step 7~~			1973
	~~Hourly~~	~~7.88~~	~~8.15~~	~~8.46~~		1974
	~~Annually~~	~~16390.40~~	~~16952.00~~	~~17596.80~~		1975
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1976
28	~~Hourly~~	~~7.41~~	~~7.64~~	~~7.88~~	~~8.15~~	1977
	~~Annually~~	~~15412.80~~	~~15891.20~~	~~16390.40~~	~~16952.00~~	1978
~~Step 5~~	~~Step 6~~	~~Step 7~~			1979
	~~Hourly~~	~~8.46~~	~~8.79~~	~~9.15~~		1980
	~~Annually~~	~~17596.80~~	~~18283.20~~	~~19032.00~~		1981
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1982
29	~~Hourly~~	~~7.88~~	~~8.15~~	~~8.46~~	~~8.79~~	1983
	~~Annually~~	~~16390.40~~	~~16952.00~~	~~17596.80~~	~~18283.20~~	1984
~~Step 5~~	~~Step 6~~	~~Step 7~~			1985
	~~Hourly~~	~~9.15~~	~~9.58~~	~~10.01~~		1986
	~~Annually~~	~~19032.00~~	~~19926.40~~	~~20820.80~~		1987
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1988
30	~~Hourly~~	~~8.46~~	~~8.79~~	~~9.15~~	~~9.58~~	1989
	~~Annually~~	~~17596.80~~	~~18283.20~~	~~19032.00~~	~~19926.40~~	1990
~~Step 5~~	~~Step 6~~	~~Step 7~~			1991
	~~Hourly~~	~~10.01~~	~~10.46~~	~~10.99~~		1992
	~~Annually~~	~~20820.80~~	~~21756.80~~	~~22859.20~~		1993
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1994
31	~~Hourly~~	~~9.15~~	~~9.58~~	~~10.01~~	~~10.46~~	1995
	~~Annually~~	~~19032.00~~	~~19962.40~~	~~20820.80~~	~~21756.80~~	1996
~~Step 5~~	~~Step 6~~	~~Step 7~~			1997
	~~Hourly~~	~~10.99~~	~~11.52~~	~~12.09~~		1998
	~~Annually~~	~~22859.20~~	~~23961.60~~	~~25147.20~~		1999
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2000
32	~~Hourly~~	~~10.01~~	~~10.46~~	~~10.99~~	~~11.52~~	2001
	~~Annually~~	~~20820.80~~	~~21756.80~~	~~22859.20~~	~~23961.60~~	2002
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2003
	~~Hourly~~	~~12.09~~	~~12.68~~	~~13.29~~	~~13.94~~	2004
	~~Annually~~	~~25147.20~~	~~26374.40~~	~~27643.20~~	~~28995.20~~	2005
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2006
33	~~Hourly~~	~~10.99~~	~~11.52~~	~~12.09~~	~~12.68~~	2007
	~~Annually~~	~~22859.20~~	~~23961.60~~	~~25147.20~~	~~26374.40~~	2008
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2009
	~~Hourly~~	~~13.29~~	~~13.94~~	~~14.63~~	~~15.35~~	2010
	~~Annually~~	~~27643.20~~	~~28995.20~~	~~30430.40~~	~~31928.00~~	2011
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2012
34	~~Hourly~~	~~12.09~~	~~12.68~~	~~13.29~~	~~13.94~~	2013
	~~Annually~~	~~25147.20~~	~~26374.40~~	~~27643.20~~	~~28995.20~~	2014
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2015
	~~Hourly~~	~~14.63~~	~~15.35~~	~~16.11~~	~~16.91~~	2016
	~~Annually~~	~~30430.40~~	~~31928.00~~	~~33508.80~~	~~35172.80~~	2017
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2018
35	~~Hourly~~	~~13.29~~	~~13.94~~	~~14.63~~	~~15.35~~	2019
	~~Annually~~	~~27643.20~~	~~28995.20~~	~~30430.40~~	~~31928.00~~	2020
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2021
	~~Hourly~~	~~16.11~~	~~16.91~~	~~17.73~~	~~18.62~~	2022
	~~Annually~~	~~33508.80~~	~~35172.80~~	~~36878.40~~	~~38729.60~~	2023
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2024
36	~~Hourly~~	~~14.63~~	~~15.35~~	~~16.11~~	~~16.91~~	2025
	~~Annually~~	~~30430.40~~	~~31928.00~~	~~33508.80~~	~~35172.80~~	2026
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2027
	~~Hourly~~	~~17.73~~	~~18.62~~	~~19.54~~	~~20.51~~	2028
	~~Annually~~	~~36878.40~~	~~38729.60~~	~~40643.20~~	~~42660.80~~	2029

~~Schedule C~~	2030

~~Pay Range and Values~~	2031

~~Range~~		~~Minimum~~	~~Maximum~~	2032
~~41 Hourly~~		~~10.44~~	~~15.72~~	2033
	~~Annually~~	~~21715.20~~	~~32697.60~~	2034
~~42 Hourly~~		~~11.51~~	~~17.35~~	2035
	~~Annually~~	~~23940.80~~	~~36088.00~~	2036
~~43 Hourly~~		~~12.68~~	~~19.12~~	2037
	~~Annually~~	~~26374.40~~	~~39769.60~~	2038
~~44 Hourly~~		~~13.99~~	~~20.87~~	2039
	~~Annually~~	~~29099.20~~	~~43409.60~~	2040
~~45 Hourly~~		~~15.44~~	~~22.80~~	2041
	~~Annually~~	~~32115.20~~	~~47424.00~~	2042
~~46 Hourly~~		~~17.01~~	~~24.90~~	2043
	~~Annually~~	~~35380.80~~	~~51792.00~~	2044
~~47 Hourly~~		~~18.75~~	~~27.18~~	2045
	~~Annually~~	~~39000.00~~	~~56534.40~~	2046
~~48 Hourly~~		~~20.67~~	~~29.69~~	2047
	~~Annually~~	~~42993.60~~	~~61755.20~~	2048
~~49 Hourly~~		~~22.80~~	~~32.06~~	2049
	~~Annually~~	~~47424.00~~	~~66684.80~~	2050

based upon merit. Unless compensation for members of a board or	2051
commission is otherwise specifically provided by law, the director	2052
of administrative services shall establish the rate and method of	2053
payment for members of boards and commissions.	2054

(B) The pay schedule of all employees shall be on a biweekly	2055
basis, with amounts computed on an hourly basis.	2056

(C) Part-time employees shall be compensated on an hourly	2057
basis for time worked~~, at the rates shown in~~as required by	2058
division (A) of this section or inby section 124.152 of the	2059
Revised Code.	2060

(D) The salary and wage rates indetermined under division	2061
(A) of this section or in section 124.152 of the Revised Code	2062
~~represent~~are base rates of compensation and may be augmented by	2063
the provisions of section 124.181 of the Revised Code. In those	2064
cases where lodging, meals, laundry, or other personal services	2065
are furnished an employee in the service of the state, the actual	2066
costs or fair market value of the personal services shall be paid	2067
by the employee in such amounts and manner as determined by the	2068
director of administrative services and approved by the director	2069
of budget and management, and those personal services shall not be	2070
considered as a part of the employee's compensation. An appointing	2071
authority that appoints employees in the service of the state,	2072
with the approval of the director of administrative services and	2073
the director of budget and management, may establish payments to	2074
employees for uniforms, tools, equipment, and other requirements	2075
of the department and payments for the maintenance of them.	2076

~~The director of administrative services may review collective~~	2077
~~bargaining agreements entered into under Chapter 4117. of the~~	2078
~~Revised Code that cover employees in the service of the state and~~	2079
~~determine whether certain benefits or payments provided to the~~	2080
~~employees covered by those agreements should also be provided to~~	2081
~~employees in the service of the state who are exempt from~~	2082
~~collective bargaining coverage and are paid in accordance with~~	2083
~~section 124.152 of the Revised Code or are listed in division~~	2084
~~(B)(2) or (4) of section 124.14 of the Revised Code. On completing~~	2085
~~the review, the director of administrative services, with the~~	2086
~~approval of the director of budget and management, may provide to~~	2087
~~some or all of these employees any payment or benefit, except for~~	2088
~~salary, contained in such a collective bargaining agreement even~~	2089
~~if it is similar to a payment or benefit already provided by law~~	2090
~~to some or all of these employees. Any payment or benefit so~~	2091
~~provided shall not exceed the highest level for that payment or~~	2092
~~benefit specified in such a collective bargaining agreement. The~~	2093
~~director of administrative services shall not provide, and the~~	2094
~~director of budget and management shall not approve, any payment~~	2095
~~or benefit to such an employee under this division unless the~~	2096
~~payment or benefit is provided pursuant to a collective bargaining~~	2097
~~agreement to a state employee who is in a position with similar~~	2098
~~duties as, is supervised by, or is employed by the same appointing~~	2099
~~authority as, the employee to whom the benefit or payment is to be~~	2100
~~provided.~~	2101

~~As used in this division, "payment or benefit already~~	2102
~~provided by law" includes, but is not limited to, bereavement,~~	2103
~~personal, vacation, administrative, and sick leave, disability~~	2104
~~benefits, holiday pay, and pay supplements provided under the~~	2105
~~Revised Code, but does not include wages or salary.~~	2106

(E) ~~New employees paid in accordance with schedule B of~~	2107
~~division (A) of this section or schedule E-1 of section 124.152 of~~	2108
~~the Revised Code shall be employed at the minimum rate established~~	2109
~~for the range unless otherwise provided. Employees with~~	2110
~~qualifications that are beyond the minimum normally required for~~	2111
~~the position and that are determined by the director to be~~	2112
~~exceptional may be employed in, or may be transferred or promoted~~	2113
~~to, a position at an advanced step of the range. Further, in time~~	2114
~~of a serious labor market condition when it is relatively~~	2115
~~impossible to recruit employees at the minimum rate for a~~	2116
~~particular classification, the entrance rate may be set at an~~	2117
~~advanced step in the range by the director of administrative~~	2118
~~services. This rate may be limited to geographical regions of the~~	2119
~~state. Appointments made to an advanced step under the provision~~	2120
~~regarding exceptional qualifications shall not affect the step~~	2121
~~assignment of employees already serving. However, anytime the~~	2122
~~hiring rate of an entire classification is advanced to a higher~~	2123
~~step, all incumbents of that classification being paid at a step~~	2124
~~lower than that being used for hiring, shall be advanced beginning~~	2125
~~at the start of the first pay period thereafter to the new hiring~~	2126
~~rate, and any time accrued at the lower step will be used to~~	2127
~~calculate advancement to a succeeding step. If the hiring rate of~~	2128
~~a classification is increased for only a geographical region of~~	2129
~~the state, only incumbents who work in that geographical region~~	2130
~~shall be advanced to a higher step. When an employee in the~~	2131
~~unclassified service changes from one state position to another or~~	2132
~~is appointed to a position in the classified service, or if an~~	2133
~~employee in the classified service is appointed to a position in~~	2134
~~the unclassified service, the employee's salary or wage in the new~~	2135
~~position shall be determined in the same manner as if the employee~~	2136
~~were an employee in the classified service. When an employee in~~	2137
~~the unclassified service who is not eligible for step increases is~~	2138
~~appointed to a classification in the classified service under~~	2139
~~which step increases are provided, future step increases shall be~~	2140
~~based on the date on which the employee last received a pay~~	2141
~~increase. If the employee has not received an increase during the~~	2142
~~previous year, the date of the appointment to the classified~~	2143
~~service shall be used to determine the employee's annual step~~	2144
~~advancement eligibility date. In reassigning any employee to a~~	2145
~~classification resulting in a pay range increase or to a new pay~~	2146
~~range as a result of a promotion, an increase pay range~~	2147
~~adjustment, or other classification change resulting in a pay~~	2148
~~range increase, the director shall assign such employee to the~~	2149
~~step in the new pay range that will provide an increase of~~	2150
~~approximately four per cent if the new pay range can accommodate~~	2151
~~the increase. When an employee is being assigned to a~~	2152
~~classification or new pay range as the result of a class plan~~	2153
~~change, if the employee has completed a probationary period, the~~	2154
~~employee shall be placed in a step no lower than step two of the~~	2155
~~new pay range. If the employee has not completed a probationary~~	2156
~~period, the employee may be placed in step one of the new pay~~	2157
~~range. Such new salary or wage shall become effective on such date~~	2158
~~as the director determines.~~	2159

~~(F) If employment conditions and the urgency of the work~~	2160
~~require such action, the director of administrative services may,~~	2161
~~upon the application of a department head, authorize payment at~~	2162
~~any rate established within the range for the class of work, for~~	2163
~~work of a casual or intermittent nature or on a project basis.~~	2164
~~Payment at such rates shall not be made to the same individual for~~	2165
~~more than three calendar months in any one calendar year. Any such~~	2166
~~action shall be subject to the approval of the director of budget~~	2167
~~and management as to the availability of funds. This section and~~	2168
~~sections 124.14 and 124.152 of the Revised Code do not repeal any~~	2169
~~authority of any department or public official to contract with or~~	2170
~~fix the compensation of professional persons who may be employed~~	2171
~~temporarily for work of a casual nature or for work on a project~~	2172
~~basis.~~	2173

~~(G)(1) Except as provided in divisions (G)(2) and (3) of this~~	2174
~~section, each state employee paid in accordance with schedule B of~~	2175
~~this section or schedule E-1 of section 124.152 of the Revised~~	2176
~~Code shall be eligible for advancement to succeeding steps in the~~	2177
~~range for the employee's class or grade according to the schedule~~	2178
~~established in this division. Beginning on the first day of the~~	2179
~~pay period within which the employee completes the prescribed~~	2180
~~probationary period in the employee's classification with the~~	2181
~~state, each employee shall receive an automatic salary adjustment~~	2182
~~equivalent to the next higher step within the pay range for the~~	2183
~~employee's class or grade.~~	2184

~~Except as provided in divisions (G)(2) and (3) of this~~	2185
~~section, each employee paid in accordance with schedule E-1 of~~	2186
~~section 124.152 of the Revised Code shall be eligible to advance~~	2187
~~to the next higher step until the employee reaches the top step in~~	2188
~~the range for the employee's class or grade, if the employee has~~	2189
~~maintained satisfactory performance in accordance with criteria~~	2190
~~established by the employee's appointing authority. Those step~~	2191
~~advancements shall not occur more frequently than once in any~~	2192
~~twelve-month period.~~	2193

~~When an employee is promoted, the step entry date shall be~~	2194
~~set to account for a probationary period. When an employee is~~	2195
~~reassigned to a higher pay range, the step entry date shall be set~~	2196
~~to allow an employee who is not at the highest step of the range~~	2197
~~to receive a step advancement one year from the reassignment date.~~	2198
~~Step advancement shall not be affected by demotion. A promoted~~	2199
~~employee shall advance to the next higher step of the pay range on~~	2200
~~the first day of the pay period in which the required probationary~~	2201
~~period is completed. Step advancement shall become effective at~~	2202
~~the beginning of the pay period within which the employee attains~~	2203
~~the necessary length of service. Time spent on authorized leave of~~	2204
~~absence shall be counted for this purpose.~~	2205

~~If determined to be in the best interest of the state~~	2206
~~service, the director of administrative services may, either~~	2207
~~statewide or in selected agencies, adjust the dates on which~~	2208
~~annual step advancements are received by employees paid in~~	2209
~~accordance with schedule E-1 of section 124.152 of the Revised~~	2210
~~Code.~~	2211

~~(2)(a) There shall be a moratorium on annual step~~	2212
~~advancements under division (G)(1) of this section beginning June~~	2213
~~21, 2009, through June 20, 2011. Step advancements shall resume~~	2214
~~with the pay period beginning June 21, 2011. Upon the resumption~~	2215
~~of step advancements, there shall be no retroactive step~~	2216
~~advancements for the period the moratorium was in effect. The~~	2217
~~moratorium shall not affect an employee's performance evaluation~~	2218
~~schedule.~~	2219

~~An employee who begins a probationary period before June 21,~~	2220
~~2009, shall advance to the next step in the employee's pay range~~	2221
~~at the end of probation, and then become subject to the~~	2222
~~moratorium. An employee who is hired, promoted, or reassigned to a~~	2223
~~higher pay range between June 21, 2009, through June 20, 2011,~~	2224
~~shall not advance to the next step in the employee's pay range~~	2225
~~until the next anniversary of the employee's date of hire,~~	2226
~~promotion, or reassignment that occurs on or after June 21, 2011.~~	2227

~~(b) The moratorium under division (G)(2)(a) of this section~~	2228
~~shall apply to the employees of the secretary of state, the~~	2229
~~auditor of state, the treasurer of state, and the attorney~~	2230
~~general, who are subject to this section unless the secretary of~~	2231
~~state, the auditor of state, the treasurer of state, or the~~	2232
~~attorney general decides to exempt the office's employees from the~~	2233
~~moratorium and so notifies the director of administrative services~~	2234
~~in writing on or before July 1, 2009.~~	2235

~~(3) Employees in intermittent positions shall be employed at~~	2236
~~the minimum rate established for the pay range for their~~	2237
~~classification and are not eligible for step advancements.~~	2238

~~(H) Employees in appointive managerial or professional~~	2239
~~positions paid in accordance with schedule C of this section or~~	2240
~~schedule E-2 of section 124.152 of the Revised Code may be~~	2241
~~appointed at any rate within the appropriate pay range. This rate~~	2242
~~of pay may be adjusted higher or lower within the respective pay~~	2243
~~range at any time the appointing authority so desires as long as~~	2244
~~the adjustment is based on the employee's ability to successfully~~	2245
~~administer those duties assigned to the employee. Salary~~	2246
~~adjustments shall not be made more frequently than once in any~~	2247
~~six-month period under this provision to incumbents holding the~~	2248
~~same position and classification.~~	2249

~~(I)~~ When an employee is assigned to duty outside this state,	2250
the employee may be compensated, upon request of the department	2251
head and with the approval of the director of administrative	2252
services, at a rate not to exceed fifty per cent in excess of the	2253
employee's current base rate for the period of time spent on that	2254
duty.	2255

~~(J) Unless compensation for members of a board or commission~~	2256
~~is otherwise specifically provided by law, the director of~~	2257
~~administrative services shall establish the rate and method of~~	2258
~~payment for members of boards and commissions pursuant to the pay~~	2259
~~schedules listed in section 124.152 of the Revised Code.~~	2260

~~(K)~~(F) Regular full-time employees in positions assigned to	2261
classes within the instruction and education administration ~~series~~	2262
~~under the rules of the director of administrative services~~, except	2263
certificated employees on the instructional staff of the state	2264
school for the blind or the state school for the deaf, whose	2265
positions are scheduled to work on the basis of an academic year	2266
rather than a full calendar year, shall be paid according to ~~the~~	2267
~~pay range assigned by such rules but only during those pay periods~~	2268
~~included in the academic year of the school where the employee is~~	2269
~~located~~merit.	2270

(1) Part-time or substitute teachers or those whose period of	2271
employment is other than the full academic year shall be	2272
compensated for the actual time worked at the rate established by	2273
this section.	2274

(2) Employees governed by this division are exempt from	2275
sections 124.13 and 124.19 of the Revised Code.	2276

~~(3) Length of service for the purpose of determining~~	2277
~~eligibility for step advancements as provided by division (G) of~~	2278
~~this section and for the purpose of determining eligibility for~~	2279
~~longevity pay supplements as provided by division (E) of section~~	2280
~~124.181 of the Revised Code shall be computed on the basis of one~~	2281
~~full year of service for the completion of each academic year.~~	2282

~~(L)~~(G) The superintendent of the state school for the deaf	2283
and the superintendent of the state school for the blind shall,	2284
subject to the approval of the superintendent of public	2285
instruction, ~~carry out both of the following:~~	2286

~~(1) Annually, between the first day of April and the last day~~	2287
~~of June, establish for the ensuing fiscal year a schedule of~~	2288
~~hourly rates for the compensation of each certificated employee on~~	2289
~~the instructional staff of that superintendent's respective school~~	2290
~~constructed as follows:~~	2291

~~(a) Determine for each level of training, experience, and~~	2292
~~other professional qualification for which an hourly rate is set~~	2293
~~forth in the current schedule, the per cent that rate is of the~~	2294
~~rate set forth in such schedule for a teacher with a bachelor's~~	2295
~~degree and no experience. If there is more than one such rate for~~	2296
~~such a teacher, the lowest rate shall be used to make the~~	2297
~~computation.~~	2298

~~(b) Determine which six city, local, and exempted village~~	2299
~~school districts with territory in Franklin county have in effect~~	2300
~~on, or have adopted by, the first day of April for the school year~~	2301
~~that begins on the ensuing first day of July, teacher salary~~	2302
~~schedules with the highest minimum salaries for a teacher with a~~	2303
~~bachelor's degree and no experience;~~	2304

~~(c) Divide the sum of such six highest minimum salaries by~~	2305
~~ten thousand five hundred sixty;~~	2306

~~(d) Multiply each per cent determined in division (L)(1)(a)~~	2307
~~of this section by the quotient obtained in division (L)(1)(c) of~~	2308
~~this section;~~	2309

~~(e) One hundred five per cent of each product thus obtained~~	2310
~~shall be the hourly rate for the corresponding level of training,~~	2311
~~experience, or other professional qualification in the schedule~~	2312
~~for the ensuing fiscal year.~~	2313

~~(2) Annually,~~annually assign each certificated employee on	2314
the instructional staff of the superintendent's respective school	2315
to an hourly rate ~~on the schedule~~ that is commensurate with the	2316
employee's training, experience, and other professional	2317
qualifications.	2318

If an employee is employed on the basis of an academic year,	2319
the employee's annual salary shall be calculated by multiplying	2320
the employee's assigned hourly rate times one thousand seven	2321
hundred sixty. If an employee is not employed on the basis of an	2322
academic year, the employee's annual salary shall be calculated in	2323
accordance with the following formula:	2324

~~(a)~~(1) Multiply the number of days the employee is required	2325
to work pursuant to the employee's contract by eight;	2326

~~(b)~~(2) Multiply the product of division ~~(L)(2)(a)~~(G)(1) of	2327
this section by the employee's assigned hourly rate.	2328

Each employee shall be paid an annual salary in biweekly	2329
installments. The amount of each installment shall be calculated	2330
by dividing the employee's annual salary by the number of biweekly	2331
installments to be paid during the year.	2332

Sections 124.13 and 124.19 of the Revised Code do not apply	2333
to an employee who is paid under this division.	2334

As used in this division, "academic year" means the number of	2335
days in each school year that the schools are required to be open	2336
for instruction with pupils in attendance. Upon completing an	2337
academic year, an employee paid under this division shall be	2338
deemed to have completed one year of service. An employee paid	2339
under this division is eligible to receive a pay supplement under	2340
division ~~(L)~~(J)(1), (2), or (3) of section 124.181 of the Revised	2341
Code for which the employee qualifies, but is not eligible to	2342
receive a pay supplement under division ~~(L)~~(J)(4) or (5) of that	2343
section. An employee paid under this division is eligible to	2344
receive a pay supplement under division ~~(L)~~(J)(6) of section	2345
124.181 of the Revised Code for which the employee qualifies,	2346
except that the supplement is not limited to a maximum of five per	2347
cent of the employee's regular base salary in a calendar year.	2348

~~(M)~~(H) Division (A) of this section does not apply to "exempt	2349
employees," as defined in section 124.152 of the Revised Code, who	2350
are paid under that section.	2351

~~Notwithstanding any other provisions of this chapter, when an~~	2352
~~employee transfers between bargaining units or transfers out of or~~	2353
~~into a bargaining unit, the director of administrative services~~	2354
~~shall establish the employee's compensation and adjust the maximum~~	2355
~~leave accrual schedule as the director deems equitable.~~	2356

Sec. 124.151. (A) As used in this section, "compensation"	2357
includes, but is not limited to, wages and salary, travel	2358
allowances paid pursuant to section 101.27 of the Revised Code,	2359
and benefits paid pursuant to sections 124.13, 124.19, 124.381,	2360
124.382, 124.383, 124.384, 124.385, and 124.386 of the Revised	2361
Code.	2362

(B)~~(1)~~ The compensation of any employee who is paid by	2363
warrant of the director of budget and management shall be paid by	2364
direct deposit. Each such employee shall provide to the appointing	2365
authority a written authorization for payment by direct deposit.	2366
The authorization shall include the designation of a financial	2367
institution equipped to accept direct deposits and the number of	2368
the account into which the deposit is to be made. The	2369
authorization shall remain in effect until withdrawn in writing by	2370
the employee or until dishonored by the financial institution. The	2371
director of administrative services shall provide by rule adopted	2372
under Chapter 119. of the Revised Code for the direct deposit in a	2373
financial institution of the compensation of an employee who fails	2374
to provide to the appointing authority a written authorization for	2375
payment by direct deposit.	2376

~~(2) Division (B)(1) of this section does not apply to an~~	2377
~~employee who was appointed to the employee's current position~~	2378
~~before June 5, 2002, who is a public employee as defined in~~	2379
~~section 4117.01 of the Revised Code, and whose applicable~~	2380
~~collective bargaining agreement does not require the employee to~~	2381
~~be paid by direct deposit.~~	2382

Sec. 124.152. (A)~~(1) Except as provided in divisions (A)(2)~~	2383
~~and (3) of this section, each~~Each exempt employee shall be paid a	2384
salary or wage ~~in accordance with schedule E-1 or schedule E-2 of~~	2385
~~division (B) of this section.~~	2386

~~(2) Each exempt employee who holds a position in the~~	2387
~~unclassified civil service pursuant to division (A)(26) or (30) of~~	2388
~~section 124.11 of the Revised Code may be paid a salary or wage in~~	2389
~~accordance with schedule E-1, schedule E-1 for step seven only, or~~	2390
~~schedule E-2 of division (B) or (C) of this section, as~~	2391
~~applicable.~~	2392

~~(3)(a) Except as provided in division (A)(3)(b) of this~~	2393
~~section, each exempt employee who was paid a salary or wage at~~	2394
~~step 7 in the employee's pay range on June 28, 2003, in accordance~~	2395
~~with the applicable schedule E-1 of former section 124.152 of the~~	2396
~~Revised Code and who continued to be so paid on June 29, 2003,~~	2397
~~shall be paid a salary or wage in the corresponding pay range in~~	2398
~~schedule E-1 for step seven only of division (C) of this section~~	2399
~~for as long as the employee remains in the position the employee~~	2400
~~held as of July 1, 2003.~~	2401

~~(b) Except as provided in division (A)(3)(c) of this section,~~	2402
~~if an exempt employee who is being paid a salary or wage in~~	2403
~~accordance with schedule E-1 for step seven only of division (C)~~	2404
~~of this section moves to another position, the employee shall not~~	2405
~~receive a salary or wage for that position or any other position~~	2406
~~in the future in accordance with that schedule.~~	2407

~~(c) If an exempt employee who is being paid a salary or wage~~	2408
~~in accordance with schedule E-1 for step seven only of division~~	2409
~~(C) of this section moves to another position assigned to pay~~	2410
~~range 12 or above, the appointing authority may assign the~~	2411
~~employee to be paid a salary or wage in the appropriate pay range~~	2412
~~for that position in accordance with the schedule E-1 for step~~	2413
~~seven only of division (C) of this section, provided that the~~	2414
~~appointing authority so notifies the director of administrative~~	2415
~~services in writing at the time the employee is appointed to that~~	2416
~~position.~~	2417

~~(B) Beginning on the first day of the pay period that~~	2418
~~includes July 1, 2008, each exempt employee who must be paid in~~	2419
~~accordance with schedule E-1 or schedule E-2 of this section shall~~	2420
~~be paid a salary or wage in accordance with the following schedule~~	2421
~~of rates:~~	2422

~~Schedule E-1~~	2423

~~Pay Ranges and Step Values~~	2424

		~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	2425
	~~Range~~	1	2	3	4	5	6	2426
1	~~Hourly~~	~~10.07~~	~~10.52~~	~~10.97~~	~~11.44~~			2427
	~~Annually~~	~~20946~~	~~21882~~	~~22818~~	~~23795~~			2428
2	~~Hourly~~	~~12.21~~	~~12.73~~	~~13.28~~	~~13.86~~			2429
	~~Annually~~	~~25397~~	~~26478~~	~~27622~~	~~28829~~			2430
3	~~Hourly~~	~~12.79~~	~~13.37~~	~~13.96~~	~~14.57~~			2431
	~~Annually~~	~~26603~~	~~27810~~	~~29037~~	~~30306~~			2432
4	~~Hourly~~	~~13.43~~	~~14.03~~	~~14.70~~	~~15.36~~			2433
	~~Annually~~	~~27934~~	~~29182~~	~~30576~~	~~31949~~			2434
5	~~Hourly~~	~~14.09~~	~~14.73~~	~~15.36~~	~~16.03~~			2435
	~~Annually~~	~~29307~~	~~30638~~	~~31949~~	~~33342~~			2436
6	~~Hourly~~	~~14.85~~	~~15.46~~	~~16.15~~	~~16.81~~			2437
	~~Annually~~	~~30888~~	~~32157~~	~~33592~~	~~34965~~			2438
7	~~Hourly~~	~~15.77~~	~~16.35~~	~~17.02~~	~~17.62~~	~~18.30~~		2439
	~~Annually~~	~~32802~~	~~34008~~	~~35402~~	~~36650~~	~~38064~~		2440
8	~~Hourly~~	~~16.66~~	~~17.40~~	~~18.15~~	~~18.97~~	~~19.78~~		2441
	~~Annually~~	~~34653~~	~~36192~~	~~37752~~	~~39458~~	~~41142~~		2442
9	~~Hourly~~	~~17.78~~	~~18.70~~	~~19.62~~	~~20.60~~	~~21.65~~		2443
	~~Annually~~	~~36982~~	~~38896~~	~~40810~~	~~42848~~	~~45032~~		2444
10	~~Hourly~~	~~19.19~~	~~20.23~~	~~21.32~~	~~22.55~~	~~23.76~~		2445
	~~Annually~~	~~39915~~	~~42078~~	~~44346~~	~~46904~~	~~49421~~		2446
11	~~Hourly~~	~~20.89~~	~~22.11~~	~~23.39~~	~~24.71~~	~~26.11~~		2447
	~~Annually~~	~~43451~~	~~45989~~	~~48651~~	~~51397~~	~~54309~~		2448
12	~~Hourly~~	~~23.04~~	~~24.34~~	~~25.65~~	~~27.07~~	~~28.58~~	~~30.13~~	2449
	~~Annually~~	~~47923~~	~~50627~~	~~53352~~	~~56306~~	~~59446~~	~~62670~~	2450
13	~~Hourly~~	~~25.40~~	~~26.80~~	~~28.27~~	~~29.78~~	~~31.45~~	~~33.16~~	2451
	~~Annually~~	~~52832~~	~~55744~~	~~58802~~	~~61942~~	~~65416~~	~~68973~~	2452
14	~~Hourly~~	~~27.93~~	~~29.51~~	~~31.10~~	~~32.80~~	~~34.65~~	~~36.59~~	2453
	~~Annually~~	~~58094~~	~~61381~~	~~64688~~	~~68224~~	~~72072~~	~~76107~~	2454
15	~~Hourly~~	~~30.68~~	~~32.41~~	~~34.24~~	~~36.12~~	~~38.13~~	~~40.22~~	2455
	~~Annually~~	~~63814~~	~~67413~~	~~71219~~	~~75130~~	~~79310~~	~~83658~~	2456
16	~~Hourly~~	~~33.83~~	~~35.71~~	~~37.67~~	~~39.79~~	~~41.98~~	~~44.38~~	2457
	~~Annually~~	~~70366~~	~~74277~~	~~78354~~	~~82763~~	~~87318~~	~~92310~~	2458
17	~~Hourly~~	~~37.28~~	~~39.34~~	~~41.54~~	~~43.83~~	~~46.27~~	~~48.86~~	2459
	~~Annually~~	~~77542~~	~~81827~~	~~86403~~	~~91166~~	~~96242~~	~~101629~~	2460
18	~~Hourly~~	~~41.08~~	~~43.36~~	~~45.80~~	~~48.31~~	~~50.99~~	~~53.84~~	2461
	~~Annually~~	~~85446~~	~~90189~~	~~95264~~	~~100485~~	~~106059~~	~~111987~~	2462

~~Schedule E-2~~	2463

	~~Range~~	~~Minimum~~	~~Maximum~~	2464
41	~~Hourly~~	~~16.23~~	~~37.25~~	2465
	~~Annually~~	~~33758~~	~~77480~~	2466
42	~~Hourly~~	~~17.89~~	~~41.14~~	2467
	~~Annually~~	~~37211~~	~~85571~~	2468
43	~~Hourly~~	~~19.70~~	~~45.31~~	2469
	~~Annually~~	~~40976~~	~~94245~~	2470
44	~~Hourly~~	~~21.73~~	~~49.50~~	2471
	~~Annually~~	~~45198~~	~~102960~~	2472
45	~~Hourly~~	~~24.01~~	~~54.04~~	2473
	~~Annually~~	~~49941~~	~~112403~~	2474
46	~~Hourly~~	~~26.43~~	~~59.06~~	2475
	~~Annually~~	~~54974~~	~~122845~~	2476
47	~~Hourly~~	~~29.14~~	~~64.45~~	2477
	~~Annually~~	~~60611~~	~~134056~~	2478
48	~~Hourly~~	~~32.14~~	~~70.33~~	2479
	~~Annually~~	~~66851~~	~~146286~~	2480
49	~~Hourly~~	~~35.44~~	~~75.94~~	2481
	~~Annually~~	~~73715~~	~~157955~~	2482

~~(C) Beginning on the first day of the pay period that~~	2483
~~includes July 1, 2008, each exempt employee who must be paid in~~	2484
~~accordance with salary schedule E-1 for step seven only shall be~~	2485
~~paid a salary or wage in accordance with the following schedule of~~	2486
~~rates:~~	2487

~~Schedule E-1 for Step Seven Only~~	2488

~~Pay Ranges and Step Values~~	2489

	~~Range~~		2490
12	~~Hourly~~	~~31.80~~	2491
	~~Annually~~	~~66144~~	2492
13	~~Hourly~~	~~34.98~~	2493
	~~Annually~~	~~72758~~	2494
14	~~Hourly~~	~~38.57~~	2495
	~~Annually~~	~~80226~~	2496
15	~~Hourly~~	~~42.44~~	2497
	~~Annually~~	~~88275~~	2498
16	~~Hourly~~	~~46.81~~	2499
	~~Annually~~	~~97365~~	2500
17	~~Hourly~~	~~51.55~~	2501
	~~Annually~~	~~107224~~	2502
18	~~Hourly~~	~~56.80~~	2503
	~~Annually~~	~~118144~~	2504

~~(D)~~based upon merit.

2505

(B) As used in this section~~, "exempt~~:

2506

(1) "Exempt employee" means a permanent full-time or	2507
permanent part-time employee paid directly by warrant of the	2508
director of budget and management whose position is included in	2509
the job classification plan established under division (A) of	2510
section 124.14 of the Revised Code ~~but~~and who is ~~not considered a~~	2511
~~public employee for the purposes of Chapter 4117. of the Revised~~	2512
~~Code~~any of the following persons:	2513

(a) A person who is a member of the Ohio organized militia,	2514
while training or performing duty under section 5919.29 or 5923.12	2515
of the Revised Code;	2516

(b) A management level employee;

2517

(c) An employee of the clerks of courts who perform a	2518
judicial function;	2519

(d) An employee of a public official who acts in a fiduciary	2520
capacity, appointed pursuant to section 124.11 of the Revised	2521
Code;	2522

(e) A supervisor;

2523

(f) A seasonal or casual employee;

2524

(g) An employee of the state employment relations board;

2525

(h) A participant in a work activity, developmental activity,	2526
or alternative work activity under sections 5107.40 to 5107.69 of	2527
the Revised Code who performs a service for a public employer that	2528
the public employer needs but is not performed by an employee of	2529
the public employer if the participant is not engaged in paid	2530
employment or subsidized employment pursuant to the activity;	2531

(i) An employee included in the career professional service	2532
of the department of transportation under section 5501.20 of the	2533
Revised Code;	2534

(j) An employee of a community-based correctional facility or	2535
district community-based correctional facility created under	2536
sections 2301.51 to 2301.58 of the Revised Code who was not	2537
subject to a collective bargaining agreement on June 1, 2005. As	2538
~~used in this section, "exempt~~	2539

(2) "Exempt employee" also includes a permanent full-time or	2540
permanent part-time employee of the secretary of state, auditor of	2541
state, treasurer of state, or attorney general ~~who has not been~~	2542
~~placed in an appropriate bargaining unit by the state employment~~	2543
~~relations board~~.	2544

(3) "Public employer" means the state or any state agency,	2545
authority, commission, or board.	2546

(4) "Supervisor" and "management level employee" have the	2547
same meanings as in section 4117.01 of the Revised Code.	2548

Sec. 124.181. (A) Except as provided in divisions ~~(M)~~(K)	2549
and ~~(P)~~(L) of this section, any employee who would be paid in	2550
accordance with schedule B prescribed in the version of section	2551
124.15 of the Revised Code in effect immediately prior to the	2552
effective date of this amendment or schedule E-1 or schedule E-1	2553
for step seven only prescribed in the version of section 124.152	2554
of the Revised Code in effect immediately prior to the effective	2555
date of this amendment is eligible for the pay supplements	2556
provided in this section upon application by the appointing	2557
authority substantiating the employee's qualifications for the	2558
supplement and with the approval of the director of administrative	2559
services ~~except as provided in division (E) of this section~~.	2560

(B)~~(1) Except as provided in section 124.183 of the Revised~~	2561
~~Code, in computing any of the pay supplements provided in this~~	2562
~~section for an employee paid in accordance with schedule B of~~	2563
~~section 124.15 of the Revised Code, the classification salary base~~	2564
~~shall be the minimum hourly rate of the pay range, provided in~~	2565
~~that section, in which the employee is assigned at the time of~~	2566
~~computation.~~	2567

~~(2) Except as provided in section 124.183 of the Revised~~	2568
~~Code, in computing any of the pay supplements provided in this~~	2569
~~section for an employee paid in accordance with schedule E-1 of~~	2570
~~section 124.152 of the Revised Code, the classification salary~~	2571
~~base shall be the minimum hourly rate of the pay range, provided~~	2572
~~in that section, in which the employee is assigned at the time of~~	2573
~~computation.~~	2574

~~(3) Except as provided in section 124.183 of the Revised~~	2575
~~Code, in computing any of the pay supplements provided in this~~	2576
~~section for an employee paid in accordance with schedule E-1 for~~	2577
~~step seven only of section 124.152 of the Revised Code, the~~	2578
~~classification salary base shall be the minimum hourly rate in the~~	2579
~~corresponding pay range, provided in schedule E-1 of that section,~~	2580
~~to which the employee is assigned at the time of the computation.~~	2581

~~(C)~~ The effective date of any pay supplement, except as	2582
provided in section 124.183 of the Revised Code or unless	2583
otherwise provided in this section, shall be determined by the	2584
director.	2585

~~(D)~~(C) The director shall, by rule, establish standards	2586
regarding the administration of this section.	2587

~~(E)(1) Except as otherwise provided in this division,~~	2588
~~beginning on the first day of the pay period within which the~~	2589
~~employee completes five years of total service with the state~~	2590
~~government or any of its political subdivisions, each employee in~~	2591
~~positions paid in accordance with schedule B of section 124.15 of~~	2592
~~the Revised Code or in accordance with schedule E-1 or schedule~~	2593
~~E-1 for step seven only of section 124.152 of the Revised Code~~	2594
~~shall receive an automatic salary adjustment equivalent to two and~~	2595
~~one-half per cent of the classification salary base, to the~~	2596
~~nearest whole cent. Each employee shall receive thereafter an~~	2597
~~annual adjustment equivalent to one-half of one per cent of the~~	2598
~~employee's classification salary base, to the nearest whole cent,~~	2599
~~for each additional year of qualified employment until a maximum~~	2600
~~of ten per cent of the employee's classification salary base is~~	2601
~~reached. The granting of longevity adjustments shall not be~~	2602
~~affected by promotion, demotion, or other changes in~~	2603
~~classification held by the employee, nor by any change in pay~~	2604
~~range for the employee's class or grade. Longevity pay adjustments~~	2605
~~shall become effective at the beginning of the pay period within~~	2606
~~which the employee completes the necessary length of service,~~	2607
~~except that when an employee requests credit for prior service,~~	2608
~~the effective date of the prior service credit and of any~~	2609
~~longevity adjustment shall be the first day of the pay period~~	2610
~~following approval of the credit by the director of administrative~~	2611
~~services. No employee, other than an employee who submits proof of~~	2612
~~prior service within ninety days after the date of the employee's~~	2613
~~hiring, shall receive any longevity adjustment for the period~~	2614
~~prior to the director's approval of a prior service credit. Time~~	2615
~~spent on authorized leave of absence shall be counted for this~~	2616
~~purpose.~~	2617

~~(2) An employee who has retired in accordance with the~~	2618
~~provisions of any retirement system offered by the state and who~~	2619
~~is employed by the state or any political subdivision of the state~~	2620
~~on or after June 24, 1987, shall not have prior service with the~~	2621
~~state or any political subdivision of the state counted for the~~	2622
~~purpose of determining the amount of the salary adjustment~~	2623
~~provided under this division.~~	2624

~~(3) There shall be a moratorium on employees' receipt under~~	2625
~~this division of credit for service with the state government or~~	2626
~~any of its political subdivisions during the period from July 1,~~	2627
~~2003, through June 30, 2005. In calculating the number of years of~~	2628
~~total service under this division, no credit shall be included for~~	2629
~~service during the moratorium. The moratorium shall apply to the~~	2630
~~employees of the secretary of state, the auditor of state, the~~	2631
~~treasurer of state, and the attorney general, who are subject to~~	2632
~~this section unless the secretary of state, the auditor of state,~~	2633
~~the treasurer of state, or the attorney general decides to exempt~~	2634
~~the office's employees from the moratorium and so notifies the~~	2635
~~director of administrative services in writing on or before July~~	2636
~~1, 2003.~~	2637

~~If an employee is exempt from the moratorium, receives credit~~	2638
~~for a period of service during the moratorium, and takes a~~	2639
~~position with another entity in the state government or any of its~~	2640
~~political subdivisions, either during or after the moratorium, and~~	2641
~~if that entity's employees are or were subject to the moratorium,~~	2642
~~the employee shall continue to retain the credit. However, if the~~	2643
~~moratorium is in effect upon the taking of the new position, the~~	2644
~~employee shall cease receiving additional credit as long as the~~	2645
~~employee is in the position, until the moratorium expires.~~	2646

~~(F)~~(D) When an exceptional condition exists that creates a	2647
temporary or a permanent hazard for one or more positions in a	2648
class that would have been paid in accordance with schedule B	2649
prescribed in the version of section 124.15 of the Revised Code in	2650
effect immediately prior to the effective date of this amendment	2651
or in accordance with schedule E-1 or schedule E-1 for step seven	2652
only prescribed in the version of section 124.152 of the Revised	2653
Code in effect immediately prior to the effective date of this	2654
amendment, a special hazard salary adjustment may be granted for	2655
the time the employee is subjected to the hazardous condition. All	2656
special hazard conditions shall be identified for each position	2657
and incidence from information submitted to the director on an	2658
appropriate form provided by the director and categorized into	2659
standard conditions of: some unusual hazard not common to the	2660
class; considerable unusual hazard not common to the class; and	2661
exceptional hazard not common to the class.	2662

(1) A hazardous salary adjustment of five per cent of the	2663
employee's ~~classification~~ salary ~~base~~ may be applied in the case	2664
of some unusual hazardous condition not common to the class for	2665
those hours worked, or a fraction of those hours worked, while the	2666
employee was subject to the unusual hazard condition.	2667

(2) A hazardous salary adjustment of seven and one-half per	2668
cent of the employee's ~~classification~~ salary ~~base~~ may be applied	2669
in the case of some considerable hazardous condition not common to	2670
the class for those hours worked, or a fraction of those hours	2671
worked, while the employee was subject to the considerable hazard	2672
condition.	2673

(3) A hazardous salary adjustment of ten per cent of the	2674
employee's ~~classification~~ salary ~~base~~ may be applied in the case	2675
of some exceptional hazardous condition not common to the class	2676
for those hours worked, or a fraction of those hours worked, when	2677
the employee was subject to the exceptional hazard condition.	2678

(4) Each claim for temporary hazard pay shall be submitted as	2679
a separate payment and shall be subject to an administrative audit	2680
by the director as to the extent and duration of the employee's	2681
exposure to the hazardous condition.	2682

~~(G)~~(E) When a full-time employee whose salary or wage is paid	2683
directly by warrant of the director of budget and management and	2684
who also is eligible for overtime under the "Fair Labor Standards	2685
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is	2686
ordered by the appointing authority to report back to work after	2687
termination of the employee's regular work schedule and the	2688
employee reports, the employee shall be paid for such time. The	2689
employee shall be entitled to four hours at the employee's total	2690
rate of pay or overtime compensation for the actual hours worked,	2691
whichever is greater. This division does not apply to work that is	2692
a continuation of or immediately preceding an employee's regular	2693
work schedule.	2694

~~(H)~~(F) When a certain position or positions that would have	2695
been paid in accordance with schedule B prescribed in the version	2696
of section 124.15 of the Revised Code in effect immediately prior	2697
to the effective date of this amendment or in accordance with	2698
schedule E-1 or schedule E-1 for step seven only as prescribed in	2699
the version of section 124.152 of the Revised Code in effect	2700
immediately prior to the effective date of this amendment require	2701
the ability to speak or write a language other than English, a	2702
special pay supplement may be granted to attract bilingual	2703
individuals, to encourage present employees to become proficient	2704
in other languages, or to retain qualified bilingual employees.	2705
The bilingual pay supplement provided in this division may be	2706
granted in the amount of five per cent of the employee's	2707
~~classification~~ salary ~~base~~ for each required foreign language and	2708
shall remain in effect as long as the bilingual requirement	2709
exists.	2710

~~(I)~~(G) The director of administrative services may establish	2711
a shift differential for employees. The differential shall be paid	2712
to employees in positions working in other than the regular or	2713
first shift. In those divisions or agencies where only one shift	2714
prevails, no shift differential shall be paid regardless of the	2715
hours of the day that are worked. The director and the appointing	2716
authority shall designate which positions shall be covered by this	2717
division.	2718

~~(J)~~(H) Whenever an employee is assigned to work in a higher	2719
level position for a continuous period of more than two weeks but	2720
no more than two years because of a vacancy, the employee's pay	2721
may be established at a rate that is approximately four per cent	2722
above the employee's current base rate for the period the employee	2723
occupies the position, provided that this temporary occupancy is	2724
approved by the director. Employees paid under this division shall	2725
continue to receive any of the pay supplements due them under	2726
other divisions of this section ~~based on the step one base rate~~	2727
~~for their normal classification~~.	2728

~~(K)~~(I) If a certain position, or positions, within a class	2729
that would have been paid in accordance with schedule B as	2730
prescribed in the version of section 124.15 of the Revised Code in	2731
effect immediately prior to the effective date of this amendment	2732
or in accordance with schedule E-1 or schedule E-1 for step seven	2733
only as prescribed in the version of section 124.152 of the	2734
Revised Code in effect immediately prior to the effective date of	2735
this amendment are mandated by state or federal law or regulation	2736
or other regulatory agency or other certification authority to	2737
have special technical certification, registration, or licensing	2738
to perform the functions which are under the mandate, a special	2739
professional achievement pay supplement may be granted. This	2740
special professional achievement pay supplement shall not be	2741
granted when all incumbents in all positions in a class require a	2742
license as provided in the classification description published by	2743
the department of administrative services; to licensees where no	2744
special or extensive training is required; when certification is	2745
granted upon completion of a stipulated term of in-service	2746
training; when an appointing authority has required certification;	2747
or any other condition prescribed by the director.	2748

(1) Before this supplement may be applied, evidence as to the	2749
requirement must be provided by the agency for each position	2750
involved, and certification must be received from the director as	2751
to the director's concurrence for each of the positions so	2752
affected.	2753

(2) The professional achievement pay supplement provided in	2754
this division shall be granted in an amount up to ten per cent of	2755
the employee's ~~classification~~ salary ~~base~~ and shall remain in	2756
effect as long as the mandate exists.	2757

~~(L)~~(J) Those employees assigned to teaching supervisory,	2758
principal, assistant principal, or superintendent positions who	2759
have attained a higher educational level than a basic bachelor's	2760
degree may receive an educational pay supplement to remain in	2761
effect as long as the employee's assignment and classification	2762
remain the same.	2763

(1) An educational pay supplement of two and one-half per	2764
cent of the employee's ~~classification~~ salary ~~base~~ may be applied	2765
upon the achievement of a bachelor's degree plus twenty quarter	2766
hours of postgraduate work.	2767

(2) An educational pay supplement of an additional five per	2768
cent of the employee's ~~classification~~ salary ~~base~~ may be applied	2769
upon achievement of a master's degree.	2770

(3) An educational pay supplement of an additional two and	2771
one-half per cent of the employee's ~~classification~~ salary ~~base~~ may	2772
be applied upon achievement of a master's degree plus thirty	2773
quarter hours of postgraduate work.	2774

(4) An educational pay supplement of five per cent of the	2775
employee's ~~classification~~ salary ~~base~~ may be applied when the	2776
employee is performing as a master teacher.	2777

(5) An educational pay supplement of five per cent of the	2778
employee's ~~classification~~ salary ~~base~~ may be applied when the	2779
employee is performing as a special education teacher.	2780

(6) Those employees in teaching supervisory, principal,	2781
assistant principal, or superintendent positions who are	2782
responsible for specific extracurricular activity programs shall	2783
receive overtime pay for those hours worked in excess of their	2784
normal schedule, at their straight time hourly rate up to a	2785
maximum of five per cent of their regular base salary in any	2786
calendar year.	2787

~~(M)~~(K)(1) A state agency, board, or commission may establish	2788
a supplementary compensation ~~schedule~~ for those licensed	2789
physicians employed by the agency, board, or commission in	2790
positions requiring a licensed physician. ~~The supplementary~~	2791
~~compensation schedule, together with the compensation otherwise~~	2792
~~authorized by this chapter, shall provide for the total~~	2793
~~compensation for these employees to range appropriately, but not~~	2794
~~necessarily uniformly, for each classification title requiring a~~	2795
~~licensed physician, in accordance with a schedule approved by the~~	2796
~~state controlling board.~~ The individual salary levels recommended	2797
for each such physician employed shall be approved by the	2798
director. Notwithstanding section 124.11 of the Revised Code, such	2799
personnel are in the unclassified civil service.	2800

(2) The director of administrative services may approve	2801
supplementary compensation for the director of health, if the	2802
director is a licensed physician~~, in accordance with a~~	2803
~~supplementary compensation schedule approved under division (M)(1)~~	2804
~~of this section or in accordance with another supplementary~~	2805
~~compensation schedule the director of administrative services~~	2806
~~considers appropriate~~. The supplementary compensation shall not	2807
exceed twenty per cent of the director of health's base rate of	2808
pay.	2809

~~(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,~~	2810
~~117.42, and 131.02 of the Revised Code, the state shall not~~	2811
~~institute any civil action to recover and shall not seek~~	2812
~~reimbursement for overpayments made in violation of division (E)~~	2813
~~of this section or division (C) of section 9.44 of the Revised~~	2814
~~Code for the period starting after June 24, 1987, and ending on~~	2815
~~October 31, 1993.~~	2816

~~(O) Employees of the office of the treasurer of state who are~~	2817
~~exempt from collective bargaining coverage may be granted a merit~~	2818
~~pay supplement of up to one and one-half per cent of their step~~	2819
~~rate. The rate at which this supplement is granted shall be based~~	2820
~~on performance standards established by the treasurer of state.~~	2821
~~Any supplements granted under this division shall be administered~~	2822
~~on an annual basis.~~	2823

~~(P)~~(L) Intermittent employees appointed under section 124.30	2824
of the Revised Code are not eligible for the pay supplements	2825
provided by this section.	2826

~~(Q) Employees of the office of the auditor of state who are~~	2827
~~exempt from collective bargaining and who are paid in accordance~~	2828
~~with schedule E-1 or in accordance with schedule E-1 for step 7~~	2829
~~only and are paid a salary or wage in accordance with the schedule~~	2830
~~of rates in division (B) or (C) of section 124.152 of the Revised~~	2831
~~Code shall receive a reduction of two per cent in their hourly and~~	2832
~~annual pay calculation beginning with the pay period that~~	2833
~~immediately follows July 1, 2009.~~	2834

Sec. 124.182. (A) There is hereby created in the state	2835
treasury the professional development fund. The director of	2836
administrative services shall use moneys credited to the fund to	2837
pay for programs that provide professional development	2838
opportunities for employees who are ~~exempt from collective~~	2839
~~bargaining coverage and~~ paid by warrant of the director of budget	2840
and management and who would not have been considered public	2841
employees as defined in former section 4117.01 of the Revised	2842
Code, as that section existed immediately prior to the effective	2843
date of this amendment. The director of administrative services	2844
shall identify by rule adopted under Chapter 119. of the Revised	2845
Code programs for which payments from the fund shall be made. The	2846
fund also shall be used to pay any direct and indirect costs that	2847
are attributable to consultants or a third-party administrator and	2848
that are necessary to administer this section. All investment	2849
earnings of the fund shall be credited to it.	2850

(B) The director of administrative services, in consultation	2851
with the director of budget and management, shall determine a rate	2852
at which the payrolls of all participating state agencies with	2853
employees paid by warrant of the director of budget and management	2854
shall be charged each pay period that is sufficient to cover the	2855
costs of administering the programs paid for with the moneys	2856
credited to the professional development fund. The rate shall be	2857
based on the total number of those employees and may be adjusted	2858
as the director of administrative services, in consultation with	2859
the director of budget and management, considers necessary. All	2860
moneys collected from the charge shall be credited to the	2861
professional development fund.	2862

(C) If the director of administrative services determines	2863
that additional appropriation amounts are necessary, the director	2864
may request that the director of budget and management increase	2865
the appropriation amounts. The additional appropriation amounts	2866
are hereby appropriated.	2867

Sec. 124.322. Whenever a reduction in the work force is	2868
necessary, the appointing authority of an agency shall decide in	2869
which classification or classifications the layoff or layoffs will	2870
occur and the number of employees to be laid off within each	2871
affected classification. The director of administrative services	2872
shall adopt rules, under Chapter 119. of the Revised Code,	2873
establishing a method for determining layoff procedures and an	2874
order of layoff of, and the displacement and recall of, laid-off	2875
state and county employees.	2876

The order of layoff in those rules shall be based in part on	2877
length of service ~~and may~~; however, the rules shall prohibit an	2878
agency from using an employee's length of service as the only	2879
factor to determine whether to lay off the employee. The rules	2880
shall include efficiency in service, appointment type, orand	2881
similar other factors the director considers appropriate. ~~If the~~	2882
~~director establishes relative efficiency as a criterion to be used~~	2883
~~in determining order of layoff for state and county employees,~~	2884
~~credit for efficiency may be other than ten per cent of total~~	2885
~~retention points.~~	2886

Sec. 124.325. (A) An appointing authority shall calculate an	2887
employee's retention points based upon length of service,	2888
efficiency of service, and other similar factors the director of	2889
administrative services, in the rules the director adopts for	2890
state or county employees under section 124.322 of the Revised	2891
Code, or the appointing authority, as applicable, determines is	2892
appropriate. Retention points ~~to reflect the length of continuous~~	2893
~~service and efficiency in service~~ for all employees affected by a	2894
layoff shall be verified by the director of administrative	2895
services for positions in the service of the state.	2896

(B) An employee's length of continuous service will be	2897
carried from one layoff jurisdiction to another so long as no	2898
break in service occurs between transfers or appointments.	2899

(C) If(1) Except as otherwise provided in division (C)(2) of	2900
this section, an appointing authority shall adopt rules to	2901
determine which employee the appointing authority shall lay off	2902
first if two or more employees have an identical number of	2903
retention points~~, employees having the shortest period of~~	2904
~~continuous service shall be laid off first~~.	2905

(2) The director shall adopt rules in accordance with Chapter	2906
119. of the Revised Code to establish a system for the assignment	2907
of retention points for each employee in the service of the state	2908
in a classification affected by a layoff and for determining, in	2909
those instances where employees in the service of the state have	2910
identical retention points, which employee shall be laid off	2911
first. The rules shall permit an appointing authority to consider	2912
the number of management and nonmanagement employees when	2913
determining which employees to lay off.	2914

(D)(1) As used in this division, "affected employee" means a	2915
city employee who becomes a county employee, or a county employee	2916
who becomes a city employee, as the result of any of the	2917
following:	2918

(a) The merger of a city and a county office;

2919

(b) The merger of city and county functions or duties;

2920

(c) The transfer of functions or duties between a city and	2921
county.	2922

(2) For purposes of this section, the new employer of any	2923
affected employee shall treat the employee's prior service with a	2924
former employer as if it had been served with the new employer.	2925

~~(E) The director of administrative services shall adopt rules~~	2926
~~in accordance with Chapter 119. of the Revised Code to establish a~~	2927
~~system for the assignment of retention points for each employee in~~	2928
~~the service of the state in a classification affected by a layoff~~	2929
~~and for determining, in those instances where employees in the~~	2930
~~service of the state have identical retention points, which~~	2931
~~employee shall be laid off first.~~	2932

Sec. 124.327. (A) Employees who have been laid off or have,	2933
by virtue of exercising their displacement rights, been displaced	2934
to a lower classification in their classification series, shall be	2935
placed on appropriate layoff lists. Those employees with the most	2936
retention points within each category of order of layoff, as	2937
established in section 124.323 of the Revised Code, shall be	2938
placed at the top of the layoff list to be followed by employees	2939
ranked in descending total retention order. Laid-off employees	2940
shall be placed on layoff lists for each classification in the	2941
classification series equal to or lower than the classification in	2942
which the employee was employed at the time of layoff.	2943

(B) An employee who is laid off retains reinstatement rights	2944
in the agency from which the employee was laid off. Reinstatement	2945
rights continue for one year from the date of layoff. During this	2946
one-year period, in any layoff jurisdiction in which an appointing	2947
authority has an employee on a layoff list, the appointing	2948
authority shall not hire or promote anyone into a position within	2949
that classification until all laid-off persons on a layoff list	2950
for that classification who are qualified to perform the duties of	2951
the position are reinstated or decline the position when it is	2952
offered.	2953

~~For an exempt employee, as defined in section 124.152 of the~~	2954
~~Revised Code, who has reinstatement rights into a bargaining unit~~	2955
~~classification, the exempt employee's recall jurisdiction shall be~~	2956
~~the counties in which the exempt employee indicates willingness to~~	2957
~~accept reinstatement as determined by the applicable collective~~	2958
~~bargaining agreement.~~	2959

(C) Each laid-off or displaced employee, in addition to	2960
reinstatement rights within the employee's appointing authority,	2961
has the right to reemployment with any other state agency, board,	2962
commission, or independent institution described in division	2963
(B)(1) of section 124.326 of the Revised Code, if the employee	2964
meets all applicable position-specific minimum qualifications	2965
developed by the other agency, board, commission, or independent	2966
institution and reviewed for validity by the department of	2967
administrative services or, in the absence of position-specific	2968
minimum qualifications so developed and reviewed, meets the	2969
qualifications described in the applicable classification, but	2970
only in the same classification from which the employee was	2971
initially laid off or displaced. Layoff lists for each appointing	2972
authority must be exhausted before other jurisdiction reemployment	2973
layoff lists are used.	2974

(D) Any employee accepting or declining reinstatement to the	2975
same classification and same appointment type from which the	2976
employee was laid off or displaced shall be removed from the	2977
appointing authority's layoff list.	2978

(E) Any employee accepting or declining reemployment to the	2979
same classification and the same appointment type from which the	2980
employee was laid off or displaced shall be removed from the	2981
layoff list for the jurisdiction in which the employee accepted or	2982
declined that reemployment as determined under division (C) of	2983
this section.	2984

(F) An employee who does not exercise the option to displace	2985
under section 124.324 of the Revised Code shall only be entitled	2986
to reinstatement or reemployment in the classification from which	2987
the employee was displaced or laid off.	2988

(G) Except as otherwise provided in this division, an	2989
employee who declines reinstatement to a classification lower in	2990
the classification series than the classification from which the	2991
employee was laid off or displaced, thereafter is only entitled to	2992
reinstatement to a classification higher, up to and including the	2993
classification from which the employee was laid off or displaced,	2994
in the classification series than the classification that was	2995
declined. This division does not apply when an employee, who was a	2996
full-time employee at the time of layoff or displacement, declines	2997
reinstatement in a part-time position.	2998

(H) Any employee reinstated or reemployed under this section	2999
shall not serve a probationary period upon reinstatement or	3000
reemployment, except that an employee laid off during an original	3001
or promotional probationary period shall begin a new probationary	3002
period.	3003

(I) For the purposes of this section, employees whose salary	3004
or wage is not paid directly by warrant of the director of budget	3005
and management shall be placed on layoff lists of their appointing	3006
authority only.	3007

Sec. 124.34. (A) The tenure of every officer or employee in	3008
the classified service of the state and the counties, civil	3009
service townships, cities, city health districts, general health	3010
districts, and city school districts of the state, holding a	3011
position under this chapter, shall be during good behavior and	3012
efficient service. No officer or employee shall be reduced in pay	3013
or position, fined, suspended, or removed, or have the officer's	3014
or employee's longevity reduced or eliminated, except as provided	3015
in section 124.32 of the Revised Code, and for incompetency,	3016
inefficiency, dishonesty, drunkenness, immoral conduct,	3017
insubordination, discourteous treatment of the public, neglect of	3018
duty, violation of any policy or work rule of the officer's or	3019
employee's appointing authority, violation of this chapter or the	3020
rules of the director of administrative services or the	3021
commission, any other failure of good behavior, any other acts of	3022
misfeasance, malfeasance, or nonfeasance in office, or conviction	3023
of a felony. The denial of a one-time pay supplement or a bonus to	3024
an officer or employee is not a reduction in pay for purposes of	3025
this section.	3026

This section does not apply to any modifications or	3027
reductions in pay authorized by ~~division (Q) of section 124.181 or~~	3028
section 124.392 or 124.393 of the Revised Code.	3029

An appointing authority may require an employee who is	3030
suspended to report to work to serve the suspension. An employee	3031
serving a suspension in this manner shall continue to be	3032
compensated at the employee's regular rate of pay for hours	3033
worked. The disciplinary action shall be recorded in the	3034
employee's personnel file in the same manner as other disciplinary	3035
actions and has the same effect as a suspension without pay for	3036
the purpose of recording disciplinary actions.	3037

A finding by the appropriate ethics commission, based upon a	3038
preponderance of the evidence, that the facts alleged in a	3039
complaint under section 102.06 of the Revised Code constitute a	3040
violation of Chapter 102., section 2921.42, or section 2921.43 of	3041
the Revised Code may constitute grounds for dismissal. Failure to	3042
file a statement or falsely filing a statement required by section	3043
102.02 of the Revised Code may also constitute grounds for	3044
dismissal. The tenure of an employee in the career professional	3045
service of the department of transportation is subject to section	3046
5501.20 of the Revised Code.	3047

Conviction of a felony is a separate basis for reducing in	3048
pay or position, suspending, or removing an officer or employee,	3049
even if the officer or employee has already been reduced in pay or	3050
position, suspended, or removed for the same conduct that is the	3051
basis of the felony. An officer or employee may not appeal to the	3052
state personnel board of review or the commission any disciplinary	3053
action taken by an appointing authority as a result of the	3054
officer's or employee's conviction of a felony. If an officer or	3055
employee removed under this section is reinstated as a result of	3056
an appeal of the removal, any conviction of a felony that occurs	3057
during the pendency of the appeal is a basis for further	3058
disciplinary action under this section upon the officer's or	3059
employee's reinstatement.	3060

A person convicted of a felony immediately forfeits the	3061
person's status as a classified employee in any public employment	3062
on and after the date of the conviction for the felony. If an	3063
officer or employee is removed under this section as a result of	3064
being convicted of a felony or is subsequently convicted of a	3065
felony that involves the same conduct that was the basis for the	3066
removal, the officer or employee is barred from receiving any	3067
compensation after the removal notwithstanding any modification or	3068
disaffirmance of the removal, unless the conviction for the felony	3069
is subsequently reversed or annulled.	3070

Any person removed for conviction of a felony is entitled to	3071
a cash payment for any accrued but unused sick, personal, and	3072
vacation leave as authorized by law. If subsequently reemployed in	3073
the public sector, the person shall qualify for and accrue these	3074
forms of leave in the manner specified by law for a newly	3075
appointed employee and shall not be credited with prior public	3076
service for the purpose of receiving these forms of leave.	3077

As used in this division, "felony" means any of the	3078
following:	3079

(1) A felony that is an offense of violence as defined in	3080
section 2901.01 of the Revised Code;	3081

(2) A felony that is a felony drug abuse offense as defined	3082
in section 2925.01 of the Revised Code;	3083

(3) A felony under the laws of this or any other state or the	3084
United States that is a crime of moral turpitude;	3085

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

3086

(5) A felony that is a violation of section 2921.05, 2921.32,	3087
or 2921.42 of the Revised Code.	3088

(B) In case of a reduction, a suspension of more than forty	3089
work hours in the case of an employee exempt from the payment of	3090
overtime compensation, a suspension of more than twenty-four work	3091
hours in the case of an employee required to be paid overtime	3092
compensation, a fine of more than forty hours' pay in the case of	3093
an employee exempt from the payment of overtime compensation, a	3094
fine of more than twenty-four hours' pay in the case of an	3095
employee required to be paid overtime compensation, or removal,	3096
except for the reduction or removal of a probationary employee,	3097
the appointing authority shall serve the employee with a copy of	3098
the order of reduction, fine, suspension, or removal, which order	3099
shall state the reasons for the action.	3100

Within ten days following the date on which the order is	3101
served or, in the case of an employee in the career professional	3102
service of the department of transportation, within ten days	3103
following the filing of a removal order, the employee, except as	3104
otherwise provided in this section, may file an appeal of the	3105
order in writing with the state personnel board of review or the	3106
commission. For purposes of this section, the date on which an	3107
order is served is the date of hand delivery of the order or the	3108
date of delivery of the order by certified United States mail,	3109
whichever occurs first. If an appeal is filed, the board or	3110
commission shall forthwith notify the appointing authority and	3111
shall hear, or appoint a trial board to hear, the appeal within	3112
thirty days from and after its filing with the board or	3113
commission. The board, commission, or trial board may affirm,	3114
disaffirm, or modify the judgment of the appointing authority.	3115
However, in an appeal of a removal order based upon a violation of	3116
a last chance agreement, the board, commission, or trial board may	3117
only determine if the employee violated the agreement and thus	3118
affirm or disaffirm the judgment of the appointing authority.	3119

In cases of removal or reduction in pay for disciplinary	3120
reasons, either the appointing authority or the officer or	3121
employee may appeal from the decision of the state personnel board	3122
of review or the commission, and any such appeal shall be to the	3123
court of common pleas of the county in which the appointing	3124
authority is located, or to the court of common pleas of Franklin	3125
county, as provided by section 119.12 of the Revised Code.	3126

(C) In the case of the suspension for any period of time, or	3127
a fine, demotion, or removal, of a chief of police, a chief of a	3128
fire department, or any member of the police or fire department of	3129
a city or civil service township, who is in the classified civil	3130
service, the appointing authority shall furnish the chief or	3131
member with a copy of the order of suspension, fine, demotion, or	3132
removal, which order shall state the reasons for the action. The	3133
order shall be filed with the municipal or civil service township	3134
civil service commission. Within ten days following the filing of	3135
the order, the chief or member may file an appeal, in writing,	3136
with the commission. If an appeal is filed, the commission shall	3137
forthwith notify the appointing authority and shall hear, or	3138
appoint a trial board to hear, the appeal within thirty days from	3139
and after its filing with the commission, and it may affirm,	3140
disaffirm, or modify the judgment of the appointing authority. An	3141
appeal on questions of law and fact may be had from the decision	3142
of the commission to the court of common pleas in the county in	3143
which the city or civil service township is situated. The appeal	3144
shall be taken within thirty days from the finding of the	3145
commission.	3146

(D) A violation of division (A)(7) of section 2907.03 of the	3147
Revised Code is grounds for termination of employment of a	3148
nonteaching employee under this section.	3149

(E) As used in this section, "last chance agreement" means an	3150
agreement signed by both an appointing authority and an officer or	3151
employee of the appointing authority that describes the type of	3152
behavior or circumstances that, if it occurs, will automatically	3153
lead to removal of the officer or employee without the right of	3154
appeal to the state personnel board of review or the appropriate	3155
commission.	3156

Sec. 124.38. Each of the following shall be entitled for	3157
each completed eighty hours of service to sick leave of four and	3158
six-tenths hours with pay:	3159

(A) Employees in the various offices of the county,	3160
municipal, and civil service township service, other than	3161
superintendents and management employees, as defined in section	3162
5126.20 of the Revised Code, of county boards of developmental	3163
disabilities;	3164

(B) Employees of any state college or university;

3165

~~(C) Employees of any board of education for whom sick leave~~	3166
~~is not provided by section 3319.141 of the Revised Code~~.	3167

Employees may use sick leave, upon approval of the	3168
responsible administrative officer of the employing unit, for	3169
absence due to personal illness, pregnancy, injury, exposure to	3170
contagious disease that could be communicated to other employees,	3171
and illness, injury, or death in the employee's immediate family.	3172
Unused sick leave shall be cumulative without limit. When sick	3173
leave is used, it shall be deducted from the employee's credit on	3174
the basis of one hour for every one hour of absence from	3175
previously scheduled work.	3176

The previously accumulated sick leave of an employee who has	3177
been separated from the public service shall be placed to the	3178
employee's credit upon the employee's re-employment in the public	3179
service, provided that the re-employment takes place within ten	3180
years of the date on which the employee was last terminated from	3181
public service. This ten-year period shall be tolled for any	3182
period during which the employee holds elective public office,	3183
whether by election or by appointment.	3184

An employee who transfers from one public agency to another	3185
shall be credited with the unused balance of the employee's	3186
accumulated sick leave up to the maximum of the sick leave	3187
accumulation permitted in the public agency to which the employee	3188
transfers.	3189

The appointing authorities of the various offices of the	3190
county service may permit all or any part of a person's accrued	3191
but unused sick leave acquired during service with any regional	3192
council of government established in accordance with Chapter 167.	3193
of the Revised Code to be credited to the employee upon a transfer	3194
as if the employee were transferring from one public agency to	3195
another under this section.	3196

The appointing authority of each employing unit shall require	3197
an employee to furnish a satisfactory written, signed statement to	3198
justify the use of sick leave. If medical attention is required, a	3199
certificate stating the nature of the illness from a licensed	3200
physician shall be required to justify the use of sick leave.	3201
Falsification of either a written, signed statement or a	3202
physician's certificate shall be grounds for disciplinary action,	3203
including dismissal.	3204

This section does not interfere with existing unused sick	3205
leave credit in any agency of government where attendance records	3206
are maintained and credit has been given employees for unused sick	3207
leave.	3208

Notwithstanding this section or any other section of the	3209
Revised Code, any appointing authority of a county office,	3210
department, commission, board, or body may, upon notification to	3211
the board of county commissioners, establish alternative schedules	3212
of sick leave for employees of the appointing authority for whom	3213
the state employment relations board has not established an	3214
appropriate bargaining unit pursuant to section 4117.06 of the	3215
Revised Code, as long as the alternative schedules are not	3216
inconsistent with the provisions of at least one collective	3217
bargaining agreement covering other employees of that appointing	3218
authority, if such a collective bargaining agreement exists. If no	3219
such collective bargaining agreement exists, an appointing	3220
authority may, upon notification to the board of county	3221
commissioners, establish an alternative schedule of sick leave for	3222
its employees that does not diminish the sick leave benefits	3223
granted by this section.	3224

Any sick leave that a board of education awards shall be	3225
awarded in accordance with the leave policy the board adopts	3226
pursuant to section 3319.141 of the Revised Code.	3227

Sec. 124.382. (A) As used in this section and sections	3228
124.383, 124.386, 124.387, and 124.388 of the Revised Code:	3229

(1) "Pay period" means the fourteen-day period of time during	3230
which the payroll is accumulated, as determined by the director of	3231
administrative services.	3232

(2) "Active pay status" means the conditions under which an	3233
employee is eligible to receive pay, and includes, but is not	3234
limited to, vacation leave, sick leave, personal leave,	3235
bereavement leave, and administrative leave.	3236

(3) "No pay status" means the conditions under which an	3237
employee is ineligible to receive pay and includes, but is not	3238
limited to, leave without pay, leave of absence, and disability	3239
leave.	3240

(4) "Disability leave" means the leave granted pursuant to	3241
section 124.385 of the Revised Code.	3242

(5) "Full-time permanent employee" means an employee whose	3243
regular hours of duty total eighty hours in a pay period in a	3244
state agency and whose appointment is not for a limited period of	3245
time.	3246

(6) "Base rate of pay" means the rate of pay established	3247
under ~~schedule B or C of~~ section 124.15 or section 124.152 of the	3248
Revised Code ~~or under schedule E-1, schedule E-1 for step seven~~	3249
~~only, or schedule E-2 of section 124.152 of the Revised Code~~, plus	3250
any supplement provided under section 124.181 of the Revised Code,	3251
~~plus any supplements enacted into law which are added to schedule~~	3252
~~B or C of section 124.15 of the Revised Code or to schedule E-1,~~	3253
~~schedule E-1 for step seven only, or schedule E-2 of section~~	3254
~~124.152 of the Revised Code~~.	3255

(7) "Part-time permanent employee" means an employee whose	3256
regular hours of duty total less than eighty hours in a pay period	3257
in a state agency and whose appointment is not for a limited	3258
period of time.	3259

(B) Each full-time permanent and part-time permanent employee	3260
whose salary or wage is paid directly by warrant of the director	3261
of budget and management shall be credited with sick leave of	3262
three and one-tenth hours for each completed eighty hours of	3263
service, excluding overtime hours worked. Sick leave is not	3264
available for use until it appears on the employee's earning	3265
statement and the compensation described in the earning statement	3266
is available to the employee.	3267

(C) Any sick leave credit provided pursuant to division (B)	3268
of this section, remaining as of the last day of the pay period	3269
preceding the first paycheck the employee receives in December,	3270
shall be converted pursuant to section 124.383 of the Revised	3271
Code.	3272

(D) Employees may use sick leave, provided a credit balance	3273
is available, upon approval of the responsible administrative	3274
officer of the employing unit, for absence due to personal	3275
illness, pregnancy, injury, exposure to contagious disease that	3276
could be communicated to other employees, and illness, injury, or	3277
death in the employee's immediate family. When sick leave is used,	3278
it shall be deducted from the employee's credit on the basis of	3279
absence from previously scheduled work in such increments of an	3280
hour and at such a compensation rate as the director of	3281
administrative services determines. The appointing authority of	3282
each employing unit may require an employee to furnish a	3283
satisfactory, signed statement to justify the use of sick leave.	3284

If, after having utilized the credit provided by this	3285
section, an employee utilizes sick leave that was accumulated	3286
prior to November 15, 1981, compensation for such sick leave used	3287
shall be at a rate as the director determines.	3288

(E)(1) The previously accumulated sick leave balance of an	3289
employee who has been separated from the public service, for which	3290
separation payments pursuant to section 124.384 of the Revised	3291
Code have not been made, shall be placed to the employee's credit	3292
upon the employee's reemployment in the public service, if the	3293
reemployment takes place within ten years of the date on which the	3294
employee was last terminated from public service.	3295

(2) The previously accumulated sick leave balance of an	3296
employee who has separated from a school district shall be placed	3297
to the employee's credit upon the employee's appointment as an	3298
unclassified employee of the state department of education, if all	3299
of the following apply:	3300

(a) The employee accumulated the sick leave balance while	3301
employed by the school district.	3302

(b) The employee did not receive any separation payments for	3303
the sick leave balance.	3304

(c) The employee's employment with the department takes place	3305
within ten years after the date on which the employee separated	3306
from the school district.	3307

(F) An employee who transfers from one public agency to	3308
another shall be credited with the unused balance of the	3309
employee's accumulated sick leave.	3310

(G) The director of administrative services shall establish	3311
procedures to uniformly administer this section. No sick leave may	3312
be granted to a state employee upon or after the employee's	3313
retirement or termination of employment.	3314

(H) As used in this division, "active payroll" means	3315
conditions under which an employee is in active pay status or	3316
eligible to receive pay for an approved leave of absence,	3317
including, but not limited to, occupational injury leave,	3318
disability leave, or workers' compensation.	3319

(1) Employees who are in active payroll status on June 18,	3320
2011, shall receive a one-time credit of additional sick leave in	3321
the pay period that begins on July 1, 2011. Full-time employees	3322
shall receive the lesser of either a one-time credit of thirty-two	3323
hours of additional sick leave or a one-time credit of additional	3324
sick leave equivalent to half the hours of personal leave the	3325
employee lost during the moratorium established under either	3326
division (A) of section 124.386 of the Revised Code or pursuant to	3327
a rule of the director of administrative services. Part-time	3328
employees shall receive a one-time credit of sixteen hours of	3329
additional sick leave.	3330

(2) Employees who are not in active payroll status due to	3331
military leave or an absence taken in accordance with the federal	3332
"Family and Medical Leave Act" are eligible to receive the	3333
one-time additional sick leave credit.	3334

(3) The one-time additional sick leave credit does not apply	3335
to employees of the supreme court, general assembly, legislative	3336
service commission, secretary of state, auditor of state,	3337
treasurer of state, or attorney general unless the supreme court,	3338
general assembly, legislative service commission, secretary of	3339
state, auditor of state, treasurer of state, or attorney general	3340
participated in the moratorium under division (H) or (I) of	3341
section 124.386 of the Revised Code and notifies in writing the	3342
director of administrative services on or before June 1, 2011, of	3343
the decision to participate in the one-time additional sick leave	3344
credit. Written notice under this division shall be signed by the	3345
appointing authority for employees of the supreme court, general	3346
assembly, or legislative service commission, as the case may be.	3347

Sec. 124.388. (A) AnExcept as otherwise provided in	3348
division (C) of this section, an appointing authority may, in its	3349
discretion, place an employee on administrative leave with pay.	3350
Administrative leave with pay is to be used only in circumstances	3351
where the health or safety of an employee or of any person or	3352
property entrusted to the employee's care could be adversely	3353
affected. Compensation for administrative leave with pay shall be	3354
equal to the employee's base rate of pay. The length of	3355
administrative leave with pay is solely at the discretion of the	3356
appointing authority, but shall not exceed the length of the	3357
situation for which the leave was granted. An appointing authority	3358
may also grant administrative leave with pay of two days or less	3359
for employees who are moved in accordance with section 124.33 of	3360
the Revised Code.	3361

(B) AnExcept as otherwise provided in division (C) of this	3362
section, an appointing authority may, in its discretion, place an	3363
employee on administrative leave without pay for a period not to	3364
exceed two months, if the employee has been charged with a	3365
violation of law that is punishable as a felony. If the employee	3366
subsequently does not plead guilty to or is not found guilty of a	3367
felony with which the employee is charged or any other felony, the	3368
appointing authority shall pay the employee at the employee's base	3369
rate of pay, plus interest, for the period the employee was on the	3370
unpaid administrative leave.	3371

(C) An appointing authority that is a city school district	3372
may place an employee on administrative leave in accordance with	3373
the policy the board of education of the district adopts pursuant	3374
to section 3319.141 of the Revised Code.	3375

Sec. 124.39. As used in this section, "retirement" means	3376
disability or service retirement under any state or municipal	3377
retirement system in this state.	3378

(A)(1) Except as provided in division (A)(3) of this section,	3379
an employee of a state college or university may elect, at the	3380
time of retirement from active service and with ten or more years	3381
of service with the state or any of its political subdivisions, to	3382
be paid in cash for one-fourth of the value of the employee's	3383
accrued but unused sick leave credit. Such payment shall be based	3384
on the employee's rate of pay at the time of retirement. Payment	3385
for sick leave on this basis shall be considered to eliminate all	3386
sick leave credit accrued by the employee at that time. Such	3387
payment shall be made only once to any employee. The maximum	3388
payment which may be made under this division shall be for	3389
one-fourth of one hundred twenty days.	3390

(2) A state college or university may adopt a policy allowing	3391
an employee to receive payment for more than one-fourth the value	3392
of the employee's unused sick leave or for more than the aggregate	3393
value of thirty days of the employee's unused sick leave, or	3394
allowing the number of years of service to be less than ten.	3395

(3) Notwithstanding the provisions of division (A)(1) of this	3396
section, any employee who retired from the university of	3397
Cincinnati on or after September 25, 1978, and on or before	3398
November 15, 1981, may be paid in cash for up to one-half of the	3399
value of the employee's accrued but unused sick leave credit up to	3400
a maximum of sixty days if the employee otherwise meets the	3401
service and other requirements necessary to receive such payment	3402
and if any such payment has deducted from it any amount previously	3403
paid to the employee from the employee's accrued but unused sick	3404
leave credit at the time of the employee's retirement.	3405

(B) Except as provided in division (C) of this section, an	3406
employee of a political subdivision covered by section 124.38 or	3407
3319.141 of the Revised Code may elect, at the time of retirement	3408
from active service with the political subdivision, and with ten	3409
or more years of service with the state, any political	3410
subdivisions, or any combination thereof, to be paid in cash for	3411
one-fourth the value of the employee's accrued but unused sick	3412
leave credit. The payment shall be based on the employee's rate of	3413
pay at the time of retirement and eliminates all sick leave credit	3414
accrued but unused by the employee at the time payment is made. An	3415
employee may receive one or more payments under this division, but	3416
the aggregate value of accrued but unused sick leave credit that	3417
is paid shall not exceed, for all payments, the value of thirty	3418
days of accrued but unused sick leave.	3419

(C) A political subdivision may adopt a policy allowing an	3420
employee to receive payment for more than one-fourth the value of	3421
the employee's unused sick leave or for more than the aggregate	3422
value of thirty days of the employee's unused sick leave, or	3423
allowing the number of years of service to be less than ten. The	3424
political subdivision may also adopt a policy permitting an	3425
employee to receive payment upon a termination of employment other	3426
than retirement or permitting more than one payment to any	3427
employee. Any policy adopted under this division by a political	3428
subdivision that is a city school district shall comply with the	3429
policy the board of education of the district adopts pursuant to	3430
section 3319.141 of the Revised Code.	3431

Notwithstanding section 325.17 or any other section of the	3432
Revised Code authorizing any appointing authority of a county	3433
office, department, commission, or board to set compensation, any	3434
modification of the right provided by division (B) of this	3435
section, and any policy adopted under division (C) of this	3436
section, shall only apply to a county office, department,	3437
commission, or board if it is adopted in one of the following	3438
ways:	3439

(1) By resolution of the board of county commissioners for	3440
any office, department, commission, or board that receives at	3441
least one-half of its funding from the county general revenue	3442
fund;	3443

(2) By order of any appointing authority of a county office,	3444
department, commission, or board that receives less than one-half	3445
of its funding from the county general revenue fund. Such office,	3446
department, commission, or board shall provide written notice to	3447
the board of county commissioners of such order.	3448

(3) As part of a collective bargaining agreement.

3449

A political subdivision may adopt policies similar to the	3450
provisions contained in sections 124.382 to 124.386 of the Revised	3451
Code.	3452

Sec. 124.81. (A) Except as provided in division (F) of this	3453
section, the department of administrative services in consultation	3454
with the superintendent of insurance shall negotiate with and, in	3455
accordance with the competitive selection procedures of Chapter	3456
125. of the Revised Code, contract with one or more insurance	3457
companies authorized to do business in this state, for the	3458
issuance of one of the following:	3459

(1) A policy of group life insurance covering all state	3460
employees who are paid directly by warrant of the state auditor,	3461
including elected state officials;	3462

(2) A combined policy, or coordinated policies of one or more	3463
insurance companies or health insuring corporations in combination	3464
with one or more insurance companies providing group life and	3465
health, medical, hospital, dental, or surgical insurance, or any	3466
combination thereof, covering all such employees;	3467

(3) A policy that may include, but is not limited to,	3468
~~hospitalization, surgical, major medical, dental, vision, and~~	3469
~~medical~~health care~~, disability, hearing aids, prescription drugs~~	3470
benefits, group life, life, sickness, and accident insurance,	3471
group legal services, or a combination of the above benefits for	3472
some or all of the employees paid in accordance with section	3473
124.152 of the Revised Code and for some or all of the employees	3474
listed in divisions (B)(2) and (4) of section 124.14 of the	3475
Revised Code, and their immediate dependents.	3476

(B) The department of administrative services in consultation	3477
with the superintendent of insurance shall negotiate with and, in	3478
accordance with the competitive selection procedures of Chapter	3479
125. of the Revised Code, contract with one or more insurance	3480
companies authorized to do business in this state, for the	3481
issuance of a policy of group life insurance covering all	3482
municipal and county court judges. The amount of such coverage	3483
shall be an amount equal to the aggregate salary set forth for	3484
each municipal court judge in sections 141.04 and 1901.11 of the	3485
Revised Code, and set forth for each county court judge in	3486
sections 141.04 and 1907.16 of the Revised Code.	3487

(C) If a state employee uses all accumulated sick leave and	3488
then goes on an extended medical disability, the policyholder	3489
shall continue at no cost to the employee the coverage of the	3490
group life insurance for such employee for the period of such	3491
extended leave, but not beyond three years.	3492

(D) If a state employee insured under a group life insurance	3493
policy as provided in division (A) of this section is laid off	3494
pursuant to section 124.32 of the Revised Code, such employee by	3495
request to the policyholder, made no later than the effective date	3496
of the layoff, may elect to continue the employee's group life	3497
insurance for the one-year period through which the employee may	3498
be considered to be on laid-off status by paying the policyholder	3499
through payroll deduction or otherwise twelve times the monthly	3500
premium computed at the existing average rate for the group life	3501
case for the amount of the employee's insurance thereunder at the	3502
time of the employee's layoff. The policyholder shall pay the	3503
premiums to the insurance company at the time of the next regular	3504
monthly premium payment for the actively insured employees and	3505
furnish the company appropriate data as to such laid-off	3506
employees. At the time an employee receives written notice of a	3507
layoff, the policyholder shall also give such employee written	3508
notice of the opportunity to continue group life insurance in	3509
accordance with this division. When such laid-off employee is	3510
reinstated for active work before the end of the one-year period,	3511
the employee shall be reclassified as insured again as an active	3512
employee under the group and appropriate refunds for the number of	3513
full months of unearned premium payment shall be made by the	3514
policyholder.	3515

(E) This section does not affect the conversion rights of an	3516
insured employee when the employee's group insurance terminates	3517
under the policy.	3518

(F) Notwithstanding division (A) of this section, the	3519
department may provide benefits equivalent to those that may be	3520
paid under a policy issued by an insurance company, or the	3521
department may, to comply with a collectively bargained contract,	3522
enter into an agreement with a jointly administered trust fund	3523
which receives contributions pursuant to a collective bargaining	3524
agreement entered into between ~~this state, or~~ any ~~of its~~ political	3525
~~subdivisions,~~subdivision of the state and any collective	3526
bargaining representative of the employees of ~~this state or~~ any	3527
political subdivision for the purpose of providing for	3528
self-insurance of all risk in the provision of fringe benefits	3529
similar to those that may be paid pursuant to division (A) of this	3530
section, and the jointly administered trust fund may provide	3531
through the self-insurance method specific fringe benefits as	3532
authorized by the rules of the board of trustees of the jointly	3533
administered trust fund. Any health care benefits provided through	3534
the fund shall be the same as those health care benefits provided	3535
under a contract entered into under division (A) of this section.	3536
The director shall make any contract entered into under division	3537
(A) of this section that provides health care benefits available	3538
to the board of trustees of the jointly administered trust fund.	3539
Amounts from the fund may be used to pay direct and indirect costs	3540
that are attributable to consultants or a third-party	3541
administrator and that are necessary to administer this section.	3542
Benefits provided under this section include~~, but are not limited~~	3543
~~to, hospitalization, surgical care, major medical care,~~	3544
~~disability, dental care, vision care, medical~~health care~~, hearing~~	3545
~~aids, prescription drugs~~benefits, group life insurance, sickness	3546
and accident insurance, group legal services, or a combination of	3547
the above benefits, for the employees and their immediate	3548
dependents.	3549

(G) Notwithstanding any other provision of the Revised Code,	3550
any public employer~~, including the state, and any of its~~that is a	3551
political ~~subdivisions~~subdivision of this state, including, but	3552
not limited to, any county, county hospital, municipal	3553
corporation, township, park district, school district, ~~state~~	3554
~~institution of higher education,~~ public or special district, ~~state~~	3555
~~agency, authority, commission, or board,~~ or any other branch of	3556
public employment that is not the state or a state institution of	3557
higher education, and any collective bargaining representative of	3558
employees of ~~the state or~~ any political subdivision may agree in a	3559
collective bargaining agreement that any mutually agreed fringe	3560
benefit including~~, but not limited to, hospitalization, surgical~~	3561
~~care, major medical care, disability, dental care, vision care,~~	3562
~~medical~~health care~~, hearing aids, prescription drugs~~benefits,	3563
group life insurance, sickness and accident insurance, group legal	3564
services, or a combination thereof, for employees and their	3565
dependents be provided through a mutually agreed upon contribution	3566
to a jointly administered trust fund. Amounts from the fund may be	3567
used to pay direct and indirect costs that are attributable to	3568
consultants or a third-party administrator and that are necessary	3569
to administer this section. The amount, type, and structure of	3570
fringe benefits provided under this division is subject to the	3571
determination of the board of trustees of the jointly administered	3572
trust fund, except that any health care benefits provided through	3573
the fund shall be the same as those health care benefits provided	3574
under a contract entered into between the public employer and the	3575
insurance company providing those benefits. The public employer	3576
shall make that contract available to the board of trustees of the	3577
jointly administered trust fund. Notwithstanding any other	3578
provision of the Revised Code, competitive bidding does not apply	3579
to the purchase of fringe benefits for employees under this	3580
division through a jointly administered trust fund.	3581

(H) A public employer, including the state and any of its	3582
political subdivisions, shall not pay more than eighty per cent of	3583
the cost of the provision of health care benefits pursuant to this	3584
section.	3585

(I) As used in this section, "health care benefits" includes	3586
hospitalization, surgical, major medical, dental, vision, and	3587
medical care, disability, hearing aids, prescription drugs, or a	3588
combination of these benefits.	3589

Sec. 124.82. (A) Except as provided in division (D) of this	3590
section, the department of administrative services, in	3591
consultation with the superintendent of insurance, shall, in	3592
accordance with competitive selection procedures of Chapter 125.	3593
of the Revised Code, contract with an insurance company or a	3594
health plan in combination with an insurance company, authorized	3595
to do business in this state, for the issuance of a policy or	3596
contract of health, medical, hospital, dental, or surgical	3597
benefits, or any combination of those benefits, covering state	3598
employees who are paid directly by warrant of the director of	3599
budget and management, including elected state officials. The	3600
department may fulfill its obligation under this division by	3601
exercising its authority under division (A)(2) of section 124.81	3602
of the Revised Code.	3603

(B) The department may, in addition, in consultation with the	3604
superintendent of insurance, negotiate and contract with health	3605
insuring corporations holding a certificate of authority under	3606
Chapter 1751. of the Revised Code, in their approved service areas	3607
only, for issuance of a contract or contracts of health care	3608
services, covering state employees who are paid directly by	3609
warrant of the director of budget and management, including	3610
elected state officials. The department may enter into contracts	3611
with one or more insurance carriers or health plans to provide the	3612
same plan of benefits, provided that:	3613

(1) The amount of the premium or cost for such coverage	3614
contributed by the state, for an individual or for an individual	3615
and the individual's family, does not exceed that same amount of	3616
the premium or cost contributed by the state under division (A) of	3617
this section;	3618

(2) The employee be permitted to exercise the option as to	3619
which plan the employee will select under division (A) or (B) of	3620
this section, at a time that shall be determined by the	3621
department;	3622

(3) The health insuring corporations do not refuse to accept	3623
the employee, or the employee and the employee's family, if the	3624
employee exercises the option to select care provided by the	3625
corporations;	3626

(4) The employee may choose participation in only one of the	3627
plans sponsored by the department;	3628

(5) The director of health examines and certifies to the	3629
department that the quality and adequacy of care rendered by the	3630
health insuring corporations meet at least the standards of care	3631
provided by hospitals and physicians in that employee's community,	3632
who would be providing such care as would be covered by a contract	3633
awarded under division (A) of this section.	3634

(C) ~~All~~Except as provided in division (F) of this section,	3635
all or any portion of the cost, premium, or charge for the	3636
coverage in divisions (A) and (B) of this section may be paid in	3637
such manner or combination of manners as the department determines	3638
and may include the proration of health care costs, premiums, or	3639
charges for part-time employees.	3640

(D) Notwithstanding division (A) of this section, the	3641
department may provide benefits equivalent to those that may be	3642
paid under a policy or contract issued by an insurance company or	3643
a health plan pursuant to division (A) of this section.	3644

(E) ~~This section does not prohibit the state office of~~	3645
~~collective bargaining from entering into an agreement with an~~	3646
~~employee representative for the purposes of providing fringe~~	3647
~~benefits, including, but not limited to, hospitalization, surgical~~	3648
~~care, major medical care, disability, dental care, vision care,~~	3649
~~medical care, hearing aids, prescription drugs, group life~~	3650
~~insurance, sickness and accident insurance, group legal services~~	3651
~~or other benefits, or any combination of those benefits, to~~	3652
~~employees paid directly by warrant of the director of budget and~~	3653
~~management through a jointly administered trust fund. The~~	3654
~~employer's contribution for the cost of the benefit care shall be~~	3655
~~mutually agreed to in the collectively bargained agreement. The~~	3656
~~amount, type, and structure of fringe benefits provided under this~~	3657
~~division is subject to the determination of the board of trustees~~	3658
~~of the jointly administered trust fund. Notwithstanding any other~~	3659
~~provision of the Revised Code, competitive bidding does not apply~~	3660
~~to the purchase of fringe benefits for employees under this~~	3661
~~division when those benefits are provided through a jointly~~	3662
~~administered trust fund.~~	3663

~~(F)~~ Members of state boards or commissions may be covered by	3664
any policy, contract, or plan of benefits or services described in	3665
division (A) or (B) of this section. Board or commission members	3666
who are appointed for a fixed term and who are compensated on a	3667
per meeting basis, or paid only for expenses, or receive a	3668
combination of per diem payments and expenses shall pay the entire	3669
amount of the premiums, costs, or charges for that coverage.	3670

(F) A state employee who receives insurance under this	3671
section shall pay at least twenty per cent of the cost of the	3672
premium assessed for any insurance policy issued pursuant to this	3673
section that covers health, medical, hospital, or surgical	3674
benefits.	3675

Sec. 124.823. The department of administrative services	3676
shall establish a pilot program under which it includes medical	3677
savings accounts as part of any package of health care benefit	3678
options offered to state employees and state elected officials	3679
paid by warrant of the director of budget and management. Except	3680
for the provisions in divisions (A) and (B) of section 3924.64 of	3681
the Revised Code concerning designation of an administrator, a	3682
medical savings account established as part of the program is	3683
subject to sections 3924.64 to 3924.74 of the Revised Code.	3684

~~The department is not required to offer the medical savings~~	3685
~~account option to any state employee who is covered under a~~	3686
~~collective bargaining agreement entered into pursuant to Chapter~~	3687
~~4117. of the Revised Code, but a medical savings account option~~	3688
~~may be part of a package of health care benefit options offered~~	3689
~~pursuant to a collective bargaining agreement.~~ The department may	3690
limit enrollment in the medical savings account program and may	3691
require state employees enrolled in it to contribute to their	3692
medical savings accounts. The department shall make both	3693
individual and family coverage available through the accounts. The	3694
program shall not increase the cost of providing health insurance	3695
to state employees. The department may end the program at any time	3696
not sooner than two years after it is established, except that the	3697
department may not end the program prior to providing six months'	3698
notice to the speaker of the house of representatives, president	3699
of the senate, minority leader of the house and minority leader of	3700
the senate, and the chairs of the standing committees of the	3701
senate and house of representatives with primary responsibility	3702
for health and insurance legislation.	3703

A state employee who chooses the medical savings account	3704
option shall have any state health, medical, hospital, dental,	3705
surgical, and vision benefits for which the employee is eligible	3706
provided through the medical savings account. The department,	3707
under section 124.81 or 124.82 of the Revised Code, shall contract	3708
for or otherwise provide a high-deductible policy or contract	3709
through which those benefits can be paid.	3710

The employee for whom a medical savings account is opened	3711
shall at the time the account is opened choose an administrator	3712
from a list of administrators designated by the department, one of	3713
which may be the insurer from which the department purchases the	3714
high-deductible policy or contract. If the employee fails to	3715
choose an administrator, the department shall designate an	3716
administrator.	3717

If an elected state official whose term commenced prior to	3718
the establishment of the program elects to participate in the	3719
medical savings account program, participation shall commence at	3720
the beginning of the term following establishment of the program.	3721

Sec. 125.211. (A) There is hereby created in the state	3722
treasury the accrued leave liability fund, for the purpose of	3723
paying both of the following:	3724

(1) The annual cash benefit payable for every hour of unused	3725
sick leave credit that is converted pursuant to section 124.383 of	3726
the Revised Code and for every hour of unused personal leave	3727
credit that is converted pursuant to section 124.386 of the	3728
Revised Code;	3729

(2) Upon separation from state service, the obligation of the	3730
state to compensate its employees, including employees listed in	3731
division (B)(2) or (4) of section 124.14 of the Revised Code ~~and~~	3732
~~employees in bargaining units~~ who do not receive vacation leave,	3733
sick leave, or personal leave under Chapter 124. of the Revised	3734
Code, for unused vacation leave, sick leave, or personal leave	3735
credit. Any interest earned on the balances in the fund shall be	3736
credited to the fund.	3737

(B) In performing the calculations required by section 125.21	3738
of the Revised Code, the director of administrative services shall	3739
charge to the appropriate salary account an amount sufficient to	3740
make the payments provided in division (A) of this section.	3741

(C) The director of administrative services, in consultation	3742
with the director of budget and management, shall develop the	3743
procedures to carry out this section.	3744

(D) Amounts from the accrued leave liability fund may be used	3745
to pay direct and indirect costs that are attributable to	3746
consultants or a third-party administrator and that are necessary	3747
to carry out this section.	3748

Sec. 126.32. (A) Any officer of any state agency may	3749
authorize reimbursement for travel, including the costs of	3750
transportation, for lodging, and for meals to any person who is	3751
interviewing for a position that iswould be classified in pay	3752
range 13 or above in schedule E-1 or schedule E-1 for step seven	3753
only, or is classified in schedule E-2, as prescribed in the	3754
version of section 124.152 of the Revised Code in effect	3755
immediately prior to the effective date of this amendment.	3756

(B) If a person is appointed to a position listed in section	3757
121.03 of the Revised Code, to the position of chairperson of the	3758
industrial commission, adjutant general, chancellor of the Ohio	3759
board of regents, superintendent of public instruction,	3760
chairperson of the public utilities commission of Ohio, or	3761
director of the state lottery commission, to a position holding a	3762
fiduciary relationship to the governor, to a position of an	3763
appointing authority of the department of mental health,	3764
developmental disabilities, or rehabilitation and correction, to a	3765
position of superintendent in the department of youth services, or	3766
to a position under section 122.05 of the Revised Code, and if	3767
that appointment requires a permanent change of residence, the	3768
appropriate state agency may reimburse the person for the person's	3769
actual and necessary expenses, including the cost of in-transit	3770
storage of household goods and personal effects, of moving the	3771
person and members of the person's immediate family residing in	3772
the person's household, and of moving their household goods and	3773
personal effects, to the person's new location.	3774

Until that person moves the person's permanent residence to	3775
the new location, but not for a period that exceeds thirty	3776
consecutive days, the state agency may reimburse the person for	3777
the person's temporary living expenses at the new location that	3778
the person has incurred on behalf of the person and members of the	3779
person's immediate family residing in the person's household. In	3780
addition, the state agency may reimburse that person for the	3781
person's travel expenses between the new location and the person's	3782
former residence during this period for a maximum number of trips	3783
specified by rule of the director of budget and management, but	3784
the state agency shall not reimburse the person for travel	3785
expenses incurred for those trips by members of the person's	3786
immediate family. With the prior written approval of the director,	3787
the maximum thirty-day period for temporary living expenses may be	3788
extended for a person appointed to a position under section 122.05	3789
of the Revised Code.	3790

The director of development may reimburse a person appointed	3791
to a position under section 122.05 of the Revised Code for the	3792
person's actual and necessary expenses of moving the person and	3793
members of the person's immediate family residing in the person's	3794
household back to the United States and may reimburse a person	3795
appointed to such a position for the cost of storage of household	3796
goods and personal effects of the person and the person's	3797
immediate family while the person is serving outside the United	3798
States, if the person's office outside the United States is the	3799
person's primary job location.	3800

(C) All reimbursement under division (A) or (B) of this	3801
section shall be made in the manner, and at rates that do not	3802
exceed those, provided by rule of the director of budget and	3803
management in accordance with section 111.15 of the Revised Code.	3804
Reimbursements may be made under division (B) of this section	3805
directly to the persons who incurred the expenses or directly to	3806
the providers of goods or services the persons receive, as	3807
determined by the director of budget and management.	3808

Sec. 141.01. Except as provided in section 141.011 of the	3809
Revised Code, the annual salaries of the elective executive	3810
officers of the state are as follows:	3811

(A) Governor, one hundred twenty-two thousand eight hundred	3812
twelve dollars;	3813

(B) Lieutenant governor, sixty-four thousand three hundred	3814
seventy-five dollars;	3815

(C) Secretary of state, ninety thousand seven hundred	3816
twenty-five dollars;	3817

(D) Auditor of state, ninety thousand seven hundred	3818
twenty-five dollars;	3819

(E) Treasurer of state, ninety thousand seven hundred	3820
twenty-five dollars;	3821

(F) Attorney general, ninety thousand seven hundred	3822
twenty-five dollars.	3823

~~These salaries shall be paid according to the schedule~~	3824
~~established in division (B) of section 124.15 of the Revised Code.~~	3825
Upon the death of an elected executive officer of the state listed	3826
in divisions (A) to (F) of this section during the officer's term	3827
of office, an amount shall be paid in accordance with section	3828
2113.04 of the Revised Code, or to the officer's estate. The	3829
amount shall equal the amount of the salary that the officer would	3830
have received during the remainder of the officer's unexpired term	3831
or an amount equal to the salary of the office held for two years,	3832
whichever is less.	3833

Unless a higher salary is explicitly established by statute,	3834
no officer or employee elected or appointed, and no officer or	3835
employee of any state agency or state-assisted institution except	3836
a state institution of higher education or the Ohio board of	3837
regents for the positions of chancellor and vice chancellor for	3838
health affairs, shall be paid as an officer or employee, whether	3839
from appropriated or nonappropriated funds, a total salary that	3840
exceeds fifty-five thousand dollars per calendar year. This	3841
paragraph does not apply to the salaries of individuals holding or	3842
appointed to endowed academic chairs or endowed academic	3843
professorships at a state-supported institution of higher	3844
education or to the salaries of individuals that would have been	3845
paid under schedule C prescribed in the version of section 124.15	3846
of the Revised Code in effect immediately prior to the effective	3847
date of this amendment or under schedule E-2 prescribed in the	3848
version of section 124.152 of the Revised Code in effect	3849
immediately prior to the effective date of this amendment.	3850

Sec. 141.02. (A) The salaries of the adjutant general, the	3851
assistant adjutant general for army, the assistant adjutant	3852
general for air, and the assistant quartermaster general shall be	3853
paid according to ~~divisions~~division (B) ~~and (H)~~ of section 124.15	3854
of the Revised Code.	3855

(B) The adjutant general, the assistant adjutant general for	3856
army, the assistant adjutant general for air, and the assistant	3857
quartermaster general shall receive the basic allowances for	3858
quarters and for subsistence of their rank according to the pay at	3859
the time prescribed for the armed forces of the United States,	3860
except that the assistant adjutant general for air shall not	3861
receive flying pay. The adjutant general shall not receive any	3862
flying pay, even if the adjutant general is an officer in the air	3863
national guard.	3864

(C) The adjutant general, assistant adjutant general for	3865
army, and the assistant adjutant general for air may take a leave	3866
of absence from their respective positions without loss of pay for	3867
the time they are performing service in the uniformed service as	3868
required by their federally recognized officer status. These	3869
positions shall not accrue leave as other permanent state	3870
employees do but shall accrue leave and record usage of leave as	3871
if these positions were those of the administrative department	3872
heads listed in section 121.03 of the Revised Code.	3873

(D) If the assistant quartermaster general is a federally	3874
recognized officer, the assistant quartermaster general may take a	3875
leave of absence from the position without loss of pay for the	3876
time the assistant quartermaster general is performing service in	3877
the uniformed service as required by the person's federally	3878
recognized officer status and the assistant quartermaster general	3879
shall not accrue leave as other permanent state employees do but	3880
shall accrue leave and record usage of leave as if the assistant	3881
quartermaster general were an administrative department head	3882
listed in section 121.03 of the Revised Code. If the assistant	3883
quartermaster general is not a federally recognized officer, the	3884
assistant quartermaster general shall accrue leave as other	3885
permanent state employees do.	3886

(E) Notwithstanding Chapter 102. of the Revised Code and any	3887
other provision of law, the adjutant general, assistant adjutant	3888
general for army, assistant adjutant general for air, and	3889
assistant quartermaster general may retain, in addition to any	3890
state compensation, any federal pay, allowances, and compensation	3891
received because of any federally recognized officer status.	3892

Sec. 145.012. (A) "Public employee," as defined in division	3893
(A) of section 145.01 of the Revised Code, does not include any	3894
person:	3895

(1) Who is employed by a private, temporary-help service and	3896
performs services under the direction of a public employer or is	3897
employed on a contractual basis as an independent contractor under	3898
a personal service contract with a public employer;	3899

(2) Who is an emergency employee serving on a temporary basis	3900
in case of fire, snow, earthquake, flood, or other similar	3901
emergency;	3902

(3) Who is employed in a program established pursuant to the	3903
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	3904
1501;	3905

(4) Who is an appointed member of either the motor vehicle	3906
salvage dealers board or the motor vehicle dealer's board whose	3907
rate and method of payment are determined pursuant to division	3908
~~(J)~~(A) of section 124.15 of the Revised Code;	3909

(5) Who is employed as an election worker and paid less than	3910
five hundred dollars per calendar year for that service;	3911

(6) Who is employed as a firefighter in a position requiring	3912
satisfactory completion of a firefighter training course approved	3913
under former section 3303.07 or section 4765.55 of the Revised	3914
Code or conducted under section 3737.33 of the Revised Code except	3915
for the following:	3916

(a) Any firefighter who has elected under section 145.013 of	3917
the Revised Code to remain a contributing member of the public	3918
employees retirement system;	3919

(b) Any firefighter who was eligible to transfer from the	3920
public employees retirement system to the Ohio police and fire	3921
pension fund under section 742.51 or 742.515 of the Revised Code	3922
and did not elect to transfer;	3923

(c) Any firefighter who has elected under section 742.516 of	3924
the Revised Code to transfer from the Ohio police and fire pension	3925
fund to the public employees retirement system.	3926

(7) Who is a member of the board of health of a city or	3927
general health district, which pursuant to sections 3709.051 and	3928
3709.07 of the Revised Code includes a combined health district,	3929
and whose compensation for attendance at meetings of the board is	3930
set forth in division (B) of section 3709.02 or division (B) of	3931
section 3709.05 of the Revised Code, as appropriate;	3932

(8) Who participates in an alternative retirement plan	3933
established under Chapter 3305. of the Revised Code;	3934

(9) Who is a member of the board of directors of a sanitary	3935
district established under Chapter 6115. of the Revised Code;	3936

(10) Who is a member of the unemployment compensation	3937
advisory council.	3938

(B) No inmate of a correctional institution operated by the	3939
department of rehabilitation and correction, no patient in a	3940
hospital for the mentally ill or criminally insane operated by the	3941
department of mental health, no resident in an institution for the	3942
mentally retarded operated by the department of developmental	3943
disabilities, no resident admitted as a patient of a veterans'	3944
home operated under Chapter 5907. of the Revised Code, and no	3945
resident of a county home shall be considered as a public employee	3946
for the purpose of establishing membership or calculating service	3947
credit or benefits under this chapter. Nothing in this division	3948
shall be construed to affect any service credit attained by any	3949
person who was a public employee before becoming an inmate,	3950
patient, or resident at any institution listed in this division,	3951
or the payment of any benefit for which such a person or such a	3952
person's beneficiaries otherwise would be eligible.	3953

Sec. 145.47. (A) Each public employee who is a contributor	3954
to the public employees retirement system shall contribute eight	3955
per cent of the contributor's earnable salary to the employees'	3956
savings fund, except that the public employees retirement board	3957
may raise the contribution rate to a rate not greater than ten per	3958
cent of the employee's earnable salary.	3959

The contributions required under this section shall not be	3960
paid by an employer on an employee's behalf, but may be treated as	3961
employer contributions for purposes of state and federal income	3962
tax deferred income provisions.	3963

(B) The head of each state department, institution, board,	3964
and commission, and the fiscal officer of each local authority	3965
subject to this chapter, shall deduct from the earnable salary of	3966
each contributor on every payroll of such contributor for each	3967
payroll period subsequent to the date of coverage, an amount equal	3968
to the applicable per cent of the contributor's earnable salary.	3969
The head of each state department and the fiscal officer of each	3970
local authority subject to this chapter shall transmit promptly to	3971
the system a report of contributions at such intervals and in such	3972
form as the system shall require, showing thereon all deductions	3973
for the system made from the earnable salary of each contributor	3974
employed, together with warrants, checks, or electronic payments	3975
covering the total of such deductions. A penalty shall be added	3976
when such report, together with warrants, checks, or electronic	3977
payments to cover the total amount due from the earnable salary of	3978
all amenable employees of such employer, is filed thirty or more	3979
days after the last day of such reporting period. The system,	3980
after making a record of all receipts under this division, shall	3981
deposit the receipts with the treasurer of state for use as	3982
provided by this chapter.	3983

(C) Unless the board adopts a rule under division (D) of this	3984
section, the penalty described in division (B) of this section for	3985
failing to timely transmit a report, pay the total amount due, or	3986
both is as follows:	3987

(1) At least one but not more than ten days past due, an	3988
amount equal to one per cent of the total amount due;	3989

(2) At least eleven but not more than thirty days past due,	3990
an amount equal to two and one-half per cent of the total amount	3991
due;	3992

(3) Thirty-one or more days past due, an amount equal to five	3993
per cent of the total amount due.	3994

The penalty described in this division shall be added to and	3995
collected on the next succeeding regular employer billing.	3996
Interest at a rate set by the retirement board shall be charged on	3997
the amount of the penalty in case such penalty is not paid within	3998
thirty days after it is added to the regular employer billing.	3999

(D) The board may adopt rules to establish penalties in	4000
amounts that do not exceed the amounts specified in divisions	4001
(C)(1) to (3) of this section.	4002

(E) In addition to the periodical reports of deduction	4003
required by this section, the fiscal officer of each local	4004
authority subject to this chapter shall submit to the system at	4005
least once each year a complete listing of all noncontributing	4006
appointive employees. Where an employer fails to transmit	4007
contributions to the system, the system may make a determination	4008
of the employees' liability for contributions and certify to the	4009
employer the amounts due for collection in the same manner as	4010
payments due the employers' accumulation fund. Any amounts so	4011
collected shall be held in trust pending receipt of a report of	4012
contributions for such public employees for the period involved as	4013
provided by law and, thereafter, the amount in trust shall be	4014
transferred to the employees' savings fund to the credit of the	4015
employees. Any amount remaining after the transfer to the	4016
employees' savings fund shall be transferred to the employers'	4017
accumulation fund as a credit of such employer.	4018

(F) The fiscal officer of each local authority subject to	4019
this chapter shall require each new contributor to submit to the	4020
system a detailed report of all the contributor's previous service	4021
as a public employee along with such other facts as the board	4022
requires for the proper operation of the system.	4023

(G) Any member who, because of the member's own illness,	4024
injury, or other reason which may be approved by the member's	4025
employer is prevented from making the member's contribution to the	4026
system for any payroll period, may pay such deductions as a back	4027
payment within one year.	4028

Sec. 175.05. (A) The Ohio housing finance agency shall do all	4029
of the following related to the agency's operation:	4030

(1) Adopt bylaws for the conduct of its business;

4031

(2) Employ and fix the compensation of an executive director	4032
who serves at the pleasure of the agency to administer the	4033
agency's programs and activities. The executive director may	4034
employ and fix the compensation of employees in the unclassified	4035
civil service as necessary to carry out this chapter ~~and may~~	4036
~~employ other personnel who are governed by collective bargaining~~	4037
~~law and classified under that law~~. The executive director shall	4038
file financial disclosure statements as described in section	4039
102.02 of the Revised Code.	4040

(3) Establish an operating budget for the agency and	4041
administer funds appropriated for the agency's use;	4042

(4) Notwithstanding any other provision of the Revised Code,	4043
hold all moneys, funds, properties, and assets the agency acquires	4044
or that are directly or indirectly within the agency's control,	4045
including proceeds from the sale of bonds, revenues, and	4046
otherwise, in trust for the purpose of exercising its powers and	4047
carrying out its duties pursuant to this chapter. Notwithstanding	4048
any other provision of the Revised Code other than section 175.051	4049
of the Revised Code, at no time shall the agency's moneys, funds,	4050
properties, or assets be considered public moneys, public funds,	4051
public properties, or public assets or subject to Chapters 131.	4052
and 135. of the Revised Code.	4053

(5) Maintain a principal office and other offices within the	4054
state.	4055

(B) The Ohio housing finance agency may do any of the	4056
following related to the agency's operation:	4057

(1) Except as otherwise provided in section 174.04 of the	4058
Revised Code, determine income limits for low- and moderate-income	4059
persons and establish periodic reviews of income limits. In	4060
determining income limits, the agency shall take into	4061
consideration the amount of income available for housing, family	4062
size, the cost and condition of available housing, ability to pay	4063
the amounts the private market charges for decent, safe, and	4064
sanitary housing without federal subsidy or state assistance, and	4065
the income eligibility standards of federal programs. Income	4066
limits may vary from area to area within the state.	4067

(2) Provide technical information, advice, and assistance	4068
related to obtaining federal and state aid to assist in the	4069
planning, construction, rehabilitation, refinancing, and operation	4070
of housing;	4071

(3) Provide information, assistance, or instruction	4072
concerning agency programs, eligibility requirements, application	4073
procedures, and other related matters;	4074

(4) Procure or require the procurement of insurance and pay	4075
the premium against loss in connection with the agency's	4076
operations, to include the repayment of a loan, in amounts and	4077
from insurers, including the federal government, as the agency	4078
determines;	4079

(5) Contract with, retain, or designate financial	4080
consultants, accountants, and other consultants and independent	4081
contractors, other than attorneys, whom the agency determines are	4082
necessary or appropriate;	4083

(6) Charge, alter, and collect interest and other charges for	4084
program services including, but not limited to, the allocation of	4085
loan funds, the purchase of mortgage loans, and the provision of	4086
services that include processing, inspecting, and monitoring of	4087
housing units financed and the financial records for those units;	4088

(7) Conduct or authorize studies and analyses of housing	4089
needs and conditions to the extent that those activities are not	4090
carried out by other agencies in a manner that is satisfactory for	4091
the agency's needs;	4092

(8)(a) Acquire by gift, purchase, foreclosure, investment, or	4093
other means, and hold, assign, pledge, lease, transfer, or	4094
otherwise dispose of real and personal property or any interest in	4095
that property in the exercise of its powers and the performance of	4096
its duties;	4097

(b) Any instrument by which real property is acquired	4098
pursuant to this section shall identify the state agency that has	4099
the use and benefit of the real property as specified in section	4100
5301.012 of the Revised Code.	4101

(9)(a) Borrow money, receive gifts, grants, loans, or other	4102
assistance from any federal, state, local, or other government	4103
source, including the housing development fund and the housing	4104
trust fund, and enter into contracts in connection with those	4105
sources of assistance;	4106

(b) Receive assistance or contributions from any	4107
nongovernment source to include money, property, labor, or things	4108
of value, to be held, used, and applied only for the purposes for	4109
which the grants and contributions are made and within the	4110
purposes of this chapter.	4111

(10) Sue and be sued in its own name with respect to its	4112
contracts, obligations, and covenants, or the enforcement of this	4113
chapter. Any actions against the agency shall be brought in a	4114
court of competent jurisdiction located in Franklin county, Ohio.	4115

(11) Enter into any contract, commitment, or agreement and	4116
execute any instrument necessary or incidental to the performance	4117
of duties and the execution of powers;	4118

(12) Adopt an official seal;

4119

(13)(a) Contract with any private or government entity to	4120
administer programs for which the agency receives sufficient	4121
revenues for its services or the agency supports with uncommitted	4122
agency resources that pay the agency's operating costs;	4123

(b) Administer state and federal programs for which the	4124
governor designates the agency to act as administrator. The agency	4125
may charge administrative fees to the state, the federal	4126
government, or a program recipient.	4127

(14) Notwithstanding any other provision of the Revised Code,	4128
establish, maintain, administer, and close funds and accounts as	4129
convenient or appropriate to the agency's operations;	4130

(15) Establish a policy to permit the investment of agency	4131
funds in securities and obligations;	4132

(16) Establish rules and procedures that the agency	4133
determines are appropriate to appeal the agency's actions and	4134
decisions;	4135

(17) Serve housing needs in instances that the agency	4136
determines necessary as a public purpose;	4137

(18) Provide coverage for its employees under Chapters 145.,	4138
4123., and 4141. of the Revised Code;	4139

(19) Adopt rules pursuant to Chapter 119. of the Revised	4140
Code;	4141

(20) Do anything necessary or appropriate to exercise the	4142
powers of this chapter and carry out the purposes of this chapter	4143
and Section 14, Article VIII and Section 16, Article VIII, Ohio	4144
Constitution.	4145

(C) The attorney general shall serve as the legal	4146
representative for the Ohio housing finance agency and may appoint	4147
special counsel for that purpose in accordance with section 109.07	4148
of the Revised Code.	4149

Sec. 306.04. (A) Except as otherwise provided in division	4150
(B) of this section, employees of a county transit board or a	4151
board of county commissioners operating a transit system are	4152
employees of the county. If the system is operated by the board of	4153
county commissioners, the board shall appoint an executive	4154
director, who shall be in the unclassified service.	4155

(B) Any county transit board that established its own civil	4156
service organization and procedure prior to ~~the effective date of~~	4157
~~this amendment~~October 25, 1995, shall continue to operate under	4158
that organization. Appointments and promotions in that system	4159
shall be made, as far as practicable, by competitive examination.	4160

A board that established its own civil service organization	4161
prior to ~~the effective date of this amendment~~October 25, 1995,	4162
shall establish by rule the seniority provisions relating to	4163
street railway and motor bus employees in effect at the time of	4164
the acquisition of the transit system by the county. When a	4165
reduction in force is necessary, the board shall not use an	4166
employee's length of service as the only factor to determine	4167
whether to lay off the employee. The vacation, holiday, and sick	4168
leave privileges shall not be regulated by other provisions of law	4169
relating to public employees of the state or county, except that	4170
the transit board, its officers and employees, shall be subject to	4171
the public employees retirement system of the state and the	4172
transit board shall assume any pension obligations which have been	4173
assumed by any publicly owned transit system which the county may	4174
acquire.	4175

(C) A county transit board or board of county commissioners	4176
operating a transit system may:	4177

(1) Acquire in its name by gift, grant, purchase, or	4178
condemnation and hold and operate real estate and interests	4179
therein and personal property suitable for its purposes;	4180

(2) In its name purchase, acquire, construct, enlarge,	4181
improve, equip, repair, maintain, sell, exchange, lease as lessee	4182
or lessor, receive a right of use of, and manage, control, and	4183
operate, in or out of the county, a county transit system	4184
consisting of all real estate and interests therein, personal	4185
property, and a combination thereof, for or related to the	4186
movement of persons including but not limited to street railway,	4187
tramline, subways, rapid transits, monorails, and passenger bus	4188
systems but excluding therefrom trucks, the movement of property	4189
by truck, and facilities designed for use in the movement of	4190
property by truck for hire;	4191

(3) Issue, with the approval of the county commissioners when	4192
the issuance is made by the transit board, revenue bonds of the	4193
county as provided in division (B) of section 306.09 of the	4194
Revised Code, to secure funds to accomplish its purposes. The	4195
principal of and interest on such bonds, together with all other	4196
payments required to be made by the trust agreement or indenture	4197
securing such bonds, shall be paid solely from revenues or other	4198
income accruing to the board from facilities of the county transit	4199
system designated in said agreement or indenture.	4200

(4) Enter into contracts in the exercise of the rights,	4201
powers, and duties conferred upon it, and execute all instruments	4202
necessary in the conduct of its business;	4203

(5) Fix, alter, and charge rates and other charges for the	4204
use of its real estate and interests therein, personal property,	4205
and combinations thereof;	4206

(6) Employ such financial consultants, accountants,	4207
appraisers, consulting engineers, architects, construction	4208
experts, attorneys-at-law, managers and other supervisory	4209
personnel, and other officers, employees, and agents as it	4210
determines necessary to conduct its business, and fix their	4211
compensation and duties;	4212

(7) Pledge, hypothecate, or otherwise encumber its revenues	4213
and other income as security for its obligations and enter into	4214
trust agreements or indentures for the benefit of revenue	4215
bondholders;	4216

(8) Borrow money or accept or contract to accept advances,	4217
loans, gifts, grants, devises, or bequests from and enter into	4218
contracts or agreements with any federal, state, or other	4219
governmental or private source and hold and apply advances, loans,	4220
gifts, grants, devises, or bequests according to the terms thereof	4221
including provisions which are required by such federal, state, or	4222
other governmental or private source to protect the interest of	4223
employees affected by such advances, loans, gifts, grants,	4224
devises, or bequests. Such advances, loans, gifts, grants, or	4225
devises may be subject to any reasonable reservation and any gift,	4226
grant, or devise or real estate may be in fee simple or any lesser	4227
estate. Any advances or loans received from any federal, state, or	4228
other governmental or private source may be repaid in accordance	4229
with the terms of such advance or loan.	4230

(9) Conduct investigations and surveys into the needs of the	4231
public within or without the county for transportation services to	4232
provide for the movement of persons within, into, or from the area	4233
serviced or to be serviced by the county transit system;	4234

(10) Enter into lawful arrangements with the appropriate	4235
federal or state department or agency, county, township, municipal	4236
corporation, or other political subdivision or public agency for	4237
the planning and installation of any public facilities which are	4238
determined necessary in the conduct of its business;	4239

(11) Purchase fire, extended coverage, and liability	4240
insurance for the real estate and interests therein, personal	4241
property and any combination thereof, used by or in connection	4242
with the county transit system and insurance covering the board	4243
and the county transit system and its officers and employees for	4244
liability for damage or injury to persons or property;	4245

(12) Procure and pay all or any part of the cost of group	4246
hospitalization, surgical, major medical, or sickness and accident	4247
insurance, or a combination thereof, for the officers and	4248
employees of the county transit system and their immediate	4249
dependents, issued by an insurance company, duly authorized to do	4250
business in this state;	4251

(13) Sell, lease, release, or otherwise dispose of real	4252
estate or interests therein or personal property owned by it and	4253
grant such easements across its real estate and interests therein	4254
as will not interfere with its use by the county transit system;	4255

(14) Establish rules for the use and operation of the county	4256
transit system including the real estate or interests therein,	4257
personal property or a combination of the foregoing used by or in	4258
connection with such system;	4259

(15) Exercise the power of eminent domain to appropriate any	4260
real estate or interests therein, personal property, franchises,	4261
or any combination thereof, within or without the county,	4262
necessary or proper in the exercise of its powers provided in	4263
sections 306.01 to 306.13 of the Revised Code, as provided in	4264
sections 163.01 to 163.22 of the Revised Code, and subject to	4265
divisions (15)(a), (b), and (c) of this section, provided that a	4266
county transit board or a board of county commissioners operating	4267
a transit system shall not proceed to so appropriate real property	4268
outside its territorial boundaries, until it has served at the	4269
office of the county commissioners of the county in which it is	4270
proposed to appropriate real property, a notice describing the	4271
real property to be taken and the purpose for which it is proposed	4272
to be taken, and such county commissioners have entered on their	4273
journal within thirty days after such service a resolution	4274
approving such appropriation;	4275

(a) Nothing contained in this division authorizes a county	4276
transit board or a board of county commissioners to appropriate	4277
any land, rights, rights-of-way, franchises, or easements	4278
belonging to the state or to a municipal corporation without the	4279
consent of the state or of the municipal corporation, and no	4280
county transit board or board of county commissioners shall	4281
exercise the right of eminent domain to acquire any certificate of	4282
public convenience and necessity, or any part thereof, issued to a	4283
motor transportation company by the public utilities commission of	4284
Ohio or by the interstate commerce commission of the United	4285
States, or to take or disturb other real estate or interests	4286
therein, personal property, or any combination thereof belonging	4287
to any municipal corporation without the consent of the	4288
legislative authority of such municipal corporation, or take or	4289
disturb real estate or interests therein, personal property, or	4290
any combination thereof belonging to any other political	4291
subdivision, public corporation, public utility, or common	4292
carrier, which is necessary and convenient in the operation of	4293
such political subdivision, public corporation, public utility, or	4294
common carrier unless provision is made for the restoration,	4295
relocation, or duplication of that taken or upon the election of	4296
such political subdivision, public corporation, public utility, or	4297
common carrier for the payment of compensation, if any, at the	4298
sole cost of the county transit system.	4299

(b) If any restoration or duplication proposed to be made	4300
under this division involves a relocation, the new location shall	4301
have at least comparable utilitarian value and effectiveness, and	4302
such relocation shall not impair the ability of the public utility	4303
or common carrier to compete in its original area of operation.	4304

(c) If such restoration or duplication proposed to be made	4305
under this division involves a relocation, the county transit	4306
board or board of county commissioners shall acquire no interest	4307
or right in or to the appropriated property or facility until the	4308
relocated property or facility is available for use and until	4309
marketable title thereto has been transferred to the political	4310
subdivision, public corporation, public utility, or common	4311
carrier. Nothing in this division shall require any board of	4312
county commissioners or county transit board operating a county	4313
transit system to so restore, relocate, or duplicate, if all of	4314
the real estate and interests therein, personal property, and any	4315
combination of the foregoing which is owned by a public utility or	4316
common carrier and used by it or in connection with the movement	4317
of persons, is acquired by exercise of the power of eminent	4318
domain.	4319

(16) When real property is acquired that is located outside	4320
the county and is removed from the tax duplicate, the county	4321
transit board or board of county commissioners operating a transit	4322
system shall pay annually to the county treasurer of the county in	4323
which that property is located, commencing with the first tax year	4324
in which that property is removed from the tax duplicate, an	4325
amount of money in lieu of taxes equal to the smaller of the	4326
following:	4327

(a) The last annual installment of taxes due from the	4328
acquired property before removal from the tax duplicate;	4329

(b) An amount equal to the difference between the combined	4330
revenue from real estate taxes of all the taxing districts in	4331
which the property is located in the tax year immediately prior to	4332
the removal of the acquired property from the tax duplicate, and	4333
either:	4334

(i) The total revenue which would be produced by the tax rate	4335
of each such taxing district in the tax year immediately prior to	4336
the removal of the acquired property from the tax duplicate,	4337
applied to the real estate tax duplicate of each of such taxing	4338
districts in each tax year subsequent to the year of removal; or	4339

(ii) The combined revenue from real estate taxes of all such	4340
taxing districts in each tax year subsequent to the year of	4341
removal, whichever is the greater.	4342

The county transit board or board of county commissioners may	4343
be exempted from such payment by agreement of the affected taxing	4344
district or districts in the county in which the property is	4345
located.	4346

The county auditor of the county in which that property is	4347
located shall apportion each such annual payment to each taxing	4348
district as if the annual payment had been levied and collected as	4349
a tax.	4350

Those annual payments shall never again be made after they	4351
have ceased.	4352

(17) Sue or be sued, plead or be impleaded, and be held	4353
liable in any court of proper jurisdiction for damages received by	4354
reason of negligence, in the same manner and to the same extent as	4355
if the county transit system were privately operated, provided,	4356
that no funds of a county other than those of the county transit	4357
board or, if the transit system is operated by the board of county	4358
commissioners, other than those in the account for the county	4359
transit system created under division (C) of section 306.01 of the	4360
Revised Code, shall be available for the satisfaction of judgments	4361
rendered against that system;	4362

(18) Annually prepare and make available for public	4363
inspection a report in condensed form showing the financial	4364
results of the operation of the county transit system. For systems	4365
operated by a county transit board, copies of this report shall be	4366
furnished to the county commissioners as well as a monthly summary	4367
statement of revenues and expenses for the preceding month	4368
sufficient to show the exact financial condition of the county	4369
transit system as of the last day of the preceding month.	4370

(19) With the approval of the county commissioners when the	4371
action is taken by the transit board, and without competitive	4372
bidding, sell, lease, or grant the right of use of all or a	4373
portion of the county transit system to any other political	4374
subdivision, taxing district, or other public body or agency	4375
having the power to operate a transit system;	4376

(20) Enter into and supervise franchise agreements for the	4377
operation of a county transit system;	4378

(21) Accept the assignment of and then supervise an existing	4379
franchise agreement for the operation of a county transit system.	4380

Sec. 307.054. (A) The board of trustees of a joint emergency	4381
medical services district shall employ an executive director, who	4382
shall be in the unclassified service, and fix ~~his~~the executive	4383
director's compensation. In addition to that compensation, the	4384
director shall be reimbursed for actual and necessary expenses	4385
incurred in the performance of ~~his~~the executive director's	4386
official duties. The board may enter into an employment contract	4387
with the executive director for a period not to exceed three	4388
years. In the absence of contrary contractual provisions, the	4389
board may remove the director by a majority vote of the full	4390
membership, but only after holding a hearing on the matter if the	4391
director requests such a hearing.	4392

Except as otherwise provided in this division, the board	4393
shall prescribe the director's duties and may authorize the	4394
director to act on its behalf in the performance of its	4395
administrative duties. In addition to those duties prescribed by	4396
the board, the director shall do all the following:	4397

(1) Subject to the board's approval for each contract,	4398
execute contracts on the board's behalf;	4399

(2) Supervise all services provided or contracted for and all	4400
facilities operated or contracted for, and ensure that emergency	4401
medical services are being lawfully administered in conformity	4402
with the Revised Code and the resolution creating the district;	4403

(3) Recommend changes to the board that may increase the	4404
effectiveness of emergency medical services within the district;	4405

(4) Employ persons for all positions authorized by the board	4406
and approve all personnel actions that affect classified	4407
employees;	4408

(5) Approve compensation for employees within the limits set	4409
by the salary schedule and budget established by the board;	4410

(6) Prepare an annual report of the services provided by the	4411
district, including a fiscal accounting, for the board to approve.	4412

(B) Except as otherwise provided in this section, employees	4413
of the district shall be treated the same as county employees for	4414
the purposes of Chapter 124. of the Revised Code and any other	4415
provisions of state law applicable to county employees. Instead of	4416
or in addition to appointing employees of the district, the board	4417
of trustees may contract with one or more of the participating	4418
counties for county employees to serve the district and for the	4419
district to share in their compensation in any manner that may be	4420
agreed upon in the joint resolution creating the district.	4421

(C) For purposes of division (A)(5) of this section, the	4422
board, when establishing a salary schedule, shall require merit to	4423
be the only basis, and the executive director shall use merit as	4424
the only basis, for an employee's progression through the	4425
schedule.	4426

Sec. 339.06. (A) The board of county hospital trustees, upon	4427
completion of construction or leasing and equipping of a county	4428
hospital, shall assume and continue the operation of the hospital.	4429

(B) The board of county hospital trustees shall have the	4430
entire management and control of the county hospital. The board	4431
shall establish such rules for the hospital's government and the	4432
admission of persons as are expedient.	4433

(C) The board of county hospital trustees has control of the	4434
property of the county hospital, including management and disposal	4435
of surplus property other than real estate or an interest in real	4436
estate.	4437

(D) With respect to the use of funds by the board of county	4438
hospital trustees and its accounting for the use of funds, all of	4439
the following apply:	4440

(1) The board of county hospital trustees has control of all	4441
funds used in the county hospital's operation, including moneys	4442
received from the operation of the hospital, moneys appropriated	4443
for its operation by the board of county commissioners, and moneys	4444
resulting from special levies submitted by the board of county	4445
commissioners as provided for in section 5705.22 of the Revised	4446
Code.	4447

(2) Of the funds used in the county hospital's operation, all	4448
or part of any amount determined not to be necessary to meet	4449
current demands on the hospital may be invested by the board of	4450
county hospital trustees or its designee in any classifications of	4451
securities and obligations eligible for deposit or investment of	4452
county moneys pursuant to section 135.35 of the Revised Code,	4453
subject to the approval of the board's written investment policy	4454
by the county investment advisory committee established pursuant	4455
to section 135.341 of the Revised Code.	4456

(3) Annually, not later than sixty days before the end of the	4457
fiscal year used by the county hospital, the board of county	4458
hospital trustees shall submit its proposed budget for the ensuing	4459
fiscal year to the board of county commissioners for that board's	4460
review. The board of county commissioners shall review and approve	4461
the proposed budget by the first day of the fiscal year to which	4462
the budget applies. If the board of county commissioners has not	4463
approved the budget by the first day of the fiscal year to which	4464
the budget applies, the budget is deemed to have been approved by	4465
the board on the first day of that fiscal year.	4466

(4) The board of county hospital trustees shall not expend	4467
funds received from taxes collected pursuant to any tax levied	4468
under section 5705.22 of the Revised Code or the amount	4469
appropriated to the county hospital by the board of county	4470
commissioners in the annual appropriation measure for the county	4471
until its budget for the applicable fiscal year is approved in	4472
accordance with division (C)(3) of this section. At any time the	4473
amount received from those sources differs from the amount shown	4474
in the approved budget, the board of county commissioners may	4475
require the board of county hospital trustees to revise the county	4476
hospital budget accordingly.	4477

(5) Funds under the control of the board of county hospital	4478
trustees may be disbursed by the board, consistent with the	4479
approved budget, for the uses and purposes of the county hospital;	4480
for the replacement of necessary equipment; for the acquisition,	4481
leasing, or construction of permanent improvements to county	4482
hospital property; or for making a donation authorized by division	4483
(E) of this section. Each disbursement of funds shall be made on a	4484
voucher signed by signatories designated and approved by the board	4485
of county hospital trustees.	4486

(6) The head of a board of county hospital trustees is not	4487
required to file an estimate of contemplated revenue and	4488
expenditures for the ensuing fiscal year under section 5705.28 of	4489
the Revised Code unless the board of county commissioners levies a	4490
tax for the county hospital, or such a tax is proposed, or the	4491
board of county hospital trustees desires that the board of county	4492
commissioners make an appropriation to the county hospital for the	4493
ensuing fiscal year.	4494

(7) All moneys appropriated by the board of county	4495
commissioners or from special levies by the board of county	4496
commissioners for the operation of the hospital, when collected	4497
shall be paid to the board of county hospital trustees on a	4498
warrant of the county auditor and approved by the board of county	4499
commissioners.	4500

(8) The board of county hospital trustees shall provide for	4501
the conduct of an annual financial audit of the county hospital.	4502
Not later than thirty days after it receives the final report of	4503
an annual financial audit, the board shall file a copy of the	4504
report with the board of county commissioners.	4505

(E) For the public purpose of improving the health, safety,	4506
and general welfare of the community, the board of county hospital	4507
trustees may donate to a nonprofit entity any of the following:	4508

(1) Moneys and other financial assets determined not to be	4509
necessary to meet current demands on the hospital;	4510

(2) Surplus hospital property, including supplies, equipment,	4511
office facilities, and other property that is not real estate or	4512
an interest in real estate;	4513

(3) Services rendered by the hospital.

4514

(F)(1) For purposes of division (F)(2) of this section:

4515

(a) "Bank" has the same meaning as in section 1101.01 of the	4516
Revised Code.	4517

(b) "Savings and loan association" has the same meaning as in	4518
section 1151.01 of the Revised Code.	4519

(c) "Savings bank" has the same meaning as in section 1161.01	4520
of the Revised Code.	4521

(2) The board of county hospital trustees may enter into a	4522
contract for a secured line of credit with a bank, savings and	4523
loan association, or savings bank if the contract meets all of the	4524
following requirements:	4525

(a) The term of the contract does not exceed one year, except	4526
that the contract may provide for the automatic renewal of the	4527
contract for up to four additional one-year periods if, on the	4528
date of automatic renewal, the aggregate outstanding draws	4529
remaining unpaid under the secured line of credit do not exceed	4530
fifty per cent of the maximum amount that can be drawn under the	4531
secured line of credit.	4532

(b) The contract provides that the bank, savings and loan	4533
association, or savings bank shall not commence a civil action	4534
against the board of county commissioners, any member of the	4535
board, or the county to recover the principal, interest, or any	4536
charges or other amounts that remain outstanding on the secured	4537
line of credit at the time of any default by the board of county	4538
hospital trustees.	4539

(c) The contract provides that no assets other than those of	4540
the county hospital can be used to secure the line of credit.	4541

(d) The terms and conditions of the contract comply with all	4542
state and federal statutes and rules governing the extension of a	4543
secured line of credit.	4544

(3) Any obligation incurred by a board of county hospital	4545
trustees under division (F)(2) of this section is an obligation of	4546
that board only and not a general obligation of the board of	4547
county commissioners or the county within the meaning of division	4548
(Q) of section 133.01 of the Revised Code.	4549

(4) Notwithstanding anything to the contrary in the Revised	4550
Code, the board of county hospital trustees may secure the line of	4551
credit authorized under division (F)(2) of this section by the	4552
grant of a security interest in any part or all of its tangible	4553
personal property and intangible personal property, including its	4554
deposit accounts, accounts receivable, or both.	4555

(5) No board of county hospital trustees shall at any time	4556
have more than one secured line of credit under division (F)(2) of	4557
this section.	4558

(G) The board of county hospital trustees shall establish a	4559
schedule of charges for all services and treatment rendered by the	4560
county hospital. It may provide for the free treatment in the	4561
hospital of soldiers, sailors, and marines of the county, under	4562
such conditions and rules as it prescribes.	4563

(H) The board of county hospital trustees may designate the	4564
amounts and forms of insurance protection to be provided, and the	4565
board of county commissioners shall assist in obtaining such	4566
protection. The expense of providing the protection shall be paid	4567
from hospital operating funds.	4568

(I) The board of county hospital trustees may authorize a	4569
county hospital and each of its units, hospital board members,	4570
designated hospital employees, and medical staff members to be a	4571
member of and maintain membership in any local, state, or national	4572
group or association organized and operated for the promotion of	4573
the public health and welfare or advancement of the efficiency of	4574
hospital administration and in connection therewith to use tax	4575
funds for the payment of dues and fees and related expenses but	4576
nothing in this section prohibits the board from using receipts	4577
from hospital operation, other than tax funds, for the payment of	4578
such dues and fees.	4579

(J) The following apply to the board of county hospital	4580
trustees in relation to its employees and the employees of the	4581
county hospital:	4582

(1) The board shall adopt the wage and salary schedule for	4583
employees.	4584

(2) The board may employ the hospital's administrator	4585
pursuant to section 339.07 of the Revised Code, and the	4586
administrator may employ individuals for the hospital in	4587
accordance with that section.	4588

(3) The board may employ assistants as necessary to perform	4589
its clerical work, superintend properly the construction of the	4590
county hospital, and pay the hospital's expenses. Such employees	4591
may be paid from funds provided for the county hospital.	4592

(4) The board may hire, by contract or as salaried employees,	4593
such management consultants, accountants, attorneys, engineers,	4594
architects, construction managers, and other professional advisors	4595
as it determines are necessary and desirable to assist in the	4596
management of the programs and operation of the county hospital.	4597
Such professional advisors may be paid from county hospital	4598
operating funds.	4599

(5) Notwithstanding section 325.19 of the Revised Code, the	4600
board may grant to employees any fringe benefits the board	4601
determines to be customary and usual in the nonprofit hospital	4602
field in its community, including, but not limited to:	4603

(a) Additional vacation leave with full pay for full-time	4604
employees, including full-time hourly rate employees, after	4605
service of one year;	4606

(b) Vacation leave and holiday pay for part-time employees on	4607
a pro rata basis;	4608

(c) Leave with full pay due to death in the employee's	4609
immediate family, which shall not be deducted from the employee's	4610
accumulated sick leave;	4611

(d) Premium pay for working on holidays listed in section	4612
325.19 of the Revised Code;	4613

(e) Moving expenses for new employees;

4614

(f) Discounts on hospital supplies and services.

4615

(6) The board may provide holiday leave by observing Martin	4616
Luther King day, Washington-Lincoln day, Columbus day, and	4617
Veterans' day on days other than those specified in section 1.14	4618
of the Revised Code.	4619

(7) The board may grant to employees the insurance benefits	4620
authorized by section 339.16 of the Revised Code.	4621

(8) Notwithstanding section 325.19 of the Revised Code, the	4622
board may grant to employees, including hourly rate employees,	4623
such personal holidays as the board determines to be customary and	4624
usual in the hospital field in its community.	4625

(9) The board may provide employee recognition awards and	4626
hold employee recognition dinners.	4627

(10) The board may grant to employees the recruitment and	4628
retention benefits specified under division ~~(K)~~(L) of this	4629
section.	4630

(K) For purposes of division (J)(1) of this section, the	4631
board of county hospital trustees, when establishing a wage and	4632
salary schedule, shall require merit to be the only basis for an	4633
employee's progression through the schedule.	4634

(L) Notwithstanding sections 325.191 and 325.20 of the	4635
Revised Code, the board of county hospital trustees may provide,	4636
without the prior authorization of the board of county	4637
commissioners, scholarships for education in the health care	4638
professions, tuition reimbursement, and other staff development	4639
programs to enhance the skills of health care professionals for	4640
the purpose of recruiting or retaining qualified employees.	4641

The board of county hospital trustees may pay reasonable	4642
expenses for recruiting or retaining physicians and other	4643
appropriate health care practitioners.	4644

~~(L)~~(M) The board of county hospital trustees may retain	4645
counsel and institute legal action in its own name for the	4646
collection of delinquent accounts. The board may also employ any	4647
other lawful means for the collection of delinquent accounts.	4648

Sec. 339.07. (A) The board of county hospital trustees shall	4649
provide for the administration of the county hospital by directly	4650
employing a hospital administrator or by entering into a contract	4651
for the management of the hospital under which an administrator is	4652
provided. When an administrator is employed directly, the board	4653
shall adopt a job description delineating the administrator's	4654
powers and duties and the board may pay the administrator's salary	4655
and other benefits from funds provided for the hospital.	4656

(B) During the construction and equipping of the hospital,	4657
the administrator shall act in an advisory capacity to the board	4658
of county hospital trustees. After the hospital is completed, the	4659
administrator shall serve as the chief executive officer and shall	4660
carry out the administration of the county hospital according to	4661
the policies set forth by the board.	4662

The administrator shall administer the county hospital, make	4663
reports, and take any other action that the administrator	4664
determines is necessary for the operation of the hospital.	4665

At the end of each fiscal year, the administrator shall	4666
submit to the board a complete financial statement showing the	4667
receipts, revenues, and expenditures in detail for the entire	4668
fiscal year.	4669

The administrator shall ensure that the hospital has such	4670
physicians, nurses, and other employees as are necessary for the	4671
proper care, control, and management of the county hospital and	4672
its patients. The physicians, nurses, and other employees may be	4673
suspended or removed by the administrator at any time the welfare	4674
of the hospital warrants suspension or removal. The administrator	4675
may obtain physicians, nurses, and other employees by direct	4676
employment, entering into contracts, or granting authority to	4677
practice in the hospital. Persons employed directly shall be in	4678
the unclassified civil service, pursuant to section 124.11 of the	4679
Revised Code. If the board delegates to the administrator the	4680
authority to fix employee compensation in accordance with the wage	4681
and salary schedule established by the board under section 339.06	4682
of the Revised Code, the administrator shall use merit as the only	4683
basis for an employee's progression through that schedule.	4684

Sec. 340.04. (A) In addition to such other duties as may be	4685
lawfully imposed, the executive director of a board of alcohol,	4686
drug addiction, and mental health services shall:	4687

~~(A)~~(1) Serve as executive officer of the board and subject to	4688
the prior approval of the board for each contract, execute	4689
contracts on its behalf;	4690

~~(B)~~(2) Supervise services and facilities provided, operated,	4691
contracted, or supported by the board to the extent of determining	4692
that programs are being administered in conformity with this	4693
chapter and rules of the director of mental health and the	4694
department of alcohol and drug addiction services;	4695

~~(C)~~(3) Provide consultation to agencies, associations, or	4696
individuals providing services supported by the board;	4697

~~(D)~~(4) Recommend to the board the changes necessary to	4698
increase the effectiveness of mental health services and alcohol	4699
and drug addiction services and other matters necessary or	4700
desirable to carry out this chapter;	4701

~~(E)~~(5) Employ and remove from office such employees and	4702
consultants in the classified civil service and, subject to the	4703
approval of the board, employ and remove from office such other	4704
employees and consultants as may be necessary for the work of the	4705
board, and fix their compensation and reimbursement within the	4706
limits set by the salary schedule and the budget approved by the	4707
board;	4708

~~(F)~~(6) Encourage the development and expansion of preventive,	4709
treatment, rehabilitative, and consultative programs in the field	4710
of mental health with emphasis on continuity of care;	4711

~~(G)~~(7) Prepare for board approval an annual report of the	4712
programs under the jurisdiction of the board, including a fiscal	4713
accounting of all services;	4714

~~(H)~~(8) Conduct such studies as may be necessary and	4715
practicable for the promotion of mental health and the prevention	4716
of mental illness, emotional disorders, and addiction to alcohol	4717
and drugs;	4718

~~(I)~~(9) Authorize the county auditor, or in a joint-county	4719
district the county auditor designated as the auditor for the	4720
district, to issue warrants for the payment of board obligations	4721
approved by the board, provided that all payments are in	4722
accordance with the comprehensive community mental health plan, as	4723
approved by the department of mental health, or with the alcohol	4724
and drug addiction services plan as approved by the department of	4725
alcohol and drug addiction services.	4726

(B) For purposes of division (A)(5) of this section, a board	4727
of alcohol, drug addiction, and mental health services, when	4728
establishing a salary schedule, shall require merit to be the only	4729
basis, and the executive director shall use merit as the only	4730
basis, for an employee's progression through the schedule.	4731

Sec. 505.38. (A) In each township or fire district that has	4732
a fire department, the head of the department shall be a fire	4733
chief, appointed by the board of township trustees, except that,	4734
in a joint fire district, the fire chief shall be appointed by the	4735
board of fire district trustees. Neither this section nor any	4736
other section of the Revised Code requires, or shall be construed	4737
to require, that the fire chief be a resident of the township or	4738
fire district.	4739

The board shall provide for the employment of firefighters as	4740
it considers best and shall fix their compensation. No person	4741
shall be appointed as a permanent full-time paid member, whose	4742
duties include fire fighting, of the fire department of any	4743
township or fire district unless that person has received a	4744
certificate issued under former section 3303.07 or section 4765.55	4745
of the Revised Code evidencing satisfactory completion of a	4746
firefighter training program. Those appointees shall continue in	4747
office until removed from office as provided by sections 733.35 to	4748
733.39 of the Revised Code. To initiate removal proceedings, and	4749
for that purpose, the board shall designate the fire chief or a	4750
private citizen to investigate the conduct and prepare the	4751
necessary charges in conformity with those sections.	4752

In case of the removal of a fire chief or any member of the	4753
fire department of a township or fire district, an appeal may be	4754
had from the decision of the board to the court of common pleas of	4755
the county in which the township or fire district fire department	4756
is situated to determine the sufficiency of the cause of removal.	4757
The appeal from the findings of the board shall be taken within	4758
ten days.	4759

No person who is appointed as a volunteer firefighter of the	4760
fire department of any township or fire district shall remain in	4761
that position unless either of the following applies:	4762

(1) Within one year of the appointment, the person has	4763
received a certificate issued under former section 3303.07 of the	4764
Revised Code or section 4765.55 of the Revised Code evidencing	4765
satisfactory completion of a firefighter training program.	4766

(2) The person began serving as a permanent full-time paid	4767
firefighter with the fire department of a city or village prior to	4768
July 2, 1970, or as a volunteer firefighter with the fire	4769
department of a city, village, or other township or fire district	4770
prior to July 2, 1979, and receives a certificate issued under	4771
division (C)(3) of section 4765.55 of the Revised Code.	4772

No person shall receive an appointment under this section, in	4773
the case of a volunteer firefighter, unless the person has, not	4774
more than sixty days prior to receiving the appointment, passed a	4775
physical examination, given by a licensed physician, a physician	4776
assistant, a clinical nurse specialist, a certified nurse	4777
practitioner, or a certified nurse-midwife, showing that the	4778
person meets the physical requirements necessary to perform the	4779
duties of the position to which the person is appointed as	4780
established by the board of township trustees having jurisdiction	4781
over the appointment. The appointing authority, prior to making an	4782
appointment, shall file with the Ohio police and fire pension fund	4783
or the local volunteer fire fighters' dependents fund board a copy	4784
of the report or findings of that licensed physician, physician	4785
assistant, clinical nurse specialist, certified nurse	4786
practitioner, or certified nurse-midwife. The professional fee for	4787
the physical examination shall be paid for by the board of	4788
township trustees.	4789

(B) In each township not having a fire department, the board	4790
of township trustees shall appoint a fire prevention officer who	4791
shall exercise all of the duties of a fire chief except those	4792
involving the maintenance and operation of fire apparatus. The	4793
board may appoint one or more deputy fire prevention officers who	4794
shall exercise the duties assigned by the fire prevention officer.	4795

The board may fix the compensation for the fire prevention	4796
officer and the fire prevention officer's deputies as it considers	4797
best. The board shall appoint each fire prevention officer and	4798
deputy for a one-year term. An appointee may be reappointed at the	4799
end of a term to another one-year term. Any appointee may be	4800
removed from office during a term as provided by sections 733.35	4801
to 733.39 of the Revised Code. Section 505.45 of the Revised Code	4802
extends to those officers.	4803

(C)(1) Division (A) of this section does not apply to any	4804
township that has a population of ten thousand or more persons	4805
residing within the township and outside of any municipal	4806
corporation, that has its own fire department employing ten or	4807
more full-time paid employees, and that has a civil service	4808
commission established under division (B) of section 124.40 of the	4809
Revised Code. The township shall comply with the procedures for	4810
the employment, promotion, and discharge of firefighters provided	4811
by Chapter 124. of the Revised Code, except as otherwise provided	4812
in divisions (C)(2) and (3) of this section.	4813

(2) The board of township trustees of the township may	4814
appoint the fire chief, and any person so appointed shall be in	4815
the unclassified service under section 124.11 of the Revised Code	4816
and shall serve at the pleasure of the board. Neither this section	4817
nor any other section of the Revised Code requires, or shall be	4818
construed to require, that the fire chief be a resident of the	4819
township. A person who is appointed fire chief under these	4820
conditions and who is removed by the board or resigns from the	4821
position is entitled to return to the classified service in the	4822
township fire department in the position held just prior to the	4823
appointment as fire chief.	4824

(3) The appointing authority of an urban township, as defined	4825
in section 504.01 of the Revised Code, may appoint to a vacant	4826
position any one of the three highest scorers on the eligible list	4827
for a promotional examination.	4828

(4) The board of township trustees shall determine the number	4829
of personnel required and establish salary schedules and	4830
conditions of employment not in conflict with Chapter 124. of the	4831
Revised Code. The board, when establishing a salary schedule,	4832
shall require merit to be the only basis for an employee's	4833
progression through the schedule.	4834

(5) No person shall receive an original appointment as a	4835
permanent full-time paid member of the fire department of the	4836
township described in this division unless the person has received	4837
a certificate issued under former section 3303.07 or section	4838
4765.55 of the Revised Code evidencing the satisfactory completion	4839
of a firefighter training program.	4840

(6) Persons employed as firefighters in the township	4841
described in this division on the date a civil service commission	4842
is appointed pursuant to division (B) of section 124.40 of the	4843
Revised Code, without being required to pass a competitive	4844
examination or a firefighter training program, shall retain their	4845
employment and any rank previously granted them by action of the	4846
board of township trustees or otherwise, but those persons are	4847
eligible for promotion only by compliance with Chapter 124. of the	4848
Revised Code.	4849

Sec. 505.49. (A) As used in this section, "felony" has the	4850
same meaning as in section 109.511 of the Revised Code.	4851

(B)(1) The township trustees by a two-thirds vote of the	4852
board may adopt rules necessary for the operation of the township	4853
police district, including a determination of the qualifications	4854
of the chief of police, patrol officers, and others to serve as	4855
members of the district police force.	4856

(2) Except as otherwise provided in division (E) of this	4857
section and subject to division (D) of this section, the township	4858
trustees by a two-thirds vote of the board shall appoint a chief	4859
of police for the district, determine the number of patrol	4860
officers and other personnel required by the district, and	4861
establish salary schedules and other conditions of employment for	4862
the employees of the township police district. The township	4863
trustees, when establishing a salary schedule under this division,	4864
shall require merit to be the only basis for an employee's	4865
progression through the schedule. The chief of police of the	4866
district shall serve at the pleasure of the township trustees and	4867
shall appoint patrol officers and other personnel that the	4868
district may require, subject to division (D) of this section and	4869
to the rules and limits as to qualifications, salary ranges, and	4870
numbers of personnel established by the board of township	4871
trustees. The chief of police shall use merit as the only basis	4872
for a patrol officer's or other personnel's progression through	4873
the salary schedule established by the township trustees. The	4874
township trustees may include in the township police district and	4875
under the direction and control of the chief of police any	4876
constable appointed pursuant to section 509.01 of the Revised	4877
Code, or may designate the chief of police or any patrol officer	4878
appointed by the chief of police as a constable, as provided for	4879
in section 509.01 of the Revised Code, for the township police	4880
district.	4881

(3) Except as provided in division (D) of this section, a	4882
patrol officer, other police district employee, or police	4883
constable, who has been awarded a certificate attesting to the	4884
satisfactory completion of an approved state, county, or municipal	4885
police basic training program, as required by section 109.77 of	4886
the Revised Code, may be removed or suspended only under the	4887
conditions and by the procedures in sections 505.491 to 505.495 of	4888
the Revised Code. Any other patrol officer, police district	4889
employee, or police constable shall serve at the pleasure of the	4890
township trustees. In case of removal or suspension of an	4891
appointee by the board of township trustees, that appointee may	4892
appeal the decision of the board to the court of common pleas of	4893
the county in which the district is situated to determine the	4894
sufficiency of the cause of removal or suspension. The appointee	4895
shall take the appeal within ten days of written notice to the	4896
appointee of the decision of the board.	4897

(C)(1) Division (B) of this section does not apply to a	4898
township that has a population of ten thousand or more persons	4899
residing within the township and outside of any municipal	4900
corporation, that has its own police department employing ten or	4901
more full-time paid employees, and that has a civil service	4902
commission established under division (B) of section 124.40 of the	4903
Revised Code. The township shall comply with the procedures for	4904
the employment, promotion, and discharge of police personnel	4905
provided by Chapter 124. of the Revised Code, except as otherwise	4906
provided in divisions (C)(2) and (3) of this section.	4907

(2) The board of township trustees of the township may	4908
appoint the chief of police, and a person so appointed shall be in	4909
the unclassified service under section 124.11 of the Revised Code	4910
and shall serve at the pleasure of the board. A person appointed	4911
chief of police under these conditions who is removed by the board	4912
or who resigns from the position shall be entitled to return to	4913
the classified service in the township police department, in the	4914
position that person held previous to the person's appointment as	4915
chief of police.	4916

(3) The appointing authority of an urban township, as defined	4917
in section 504.01 of the Revised Code, may appoint to a vacant	4918
position any one of the three highest scorers on the eligible list	4919
for a promotional examination.	4920

(4) The board of township trustees shall determine the number	4921
of personnel required and establish salary schedules and	4922
conditions of employment not in conflict with Chapter 124. of the	4923
Revised Code. The board, when establishing a salary schedule under	4924
this division, shall require and use merit as the only basis for	4925
an employee's progression through the schedule.	4926

(5) Persons employed as police personnel in a township	4927
described in this division on the date a civil service commission	4928
is appointed pursuant to division (B) of section 124.40 of the	4929
Revised Code, without being required to pass a competitive	4930
examination or a police training program, shall retain their	4931
employment and any rank previously granted them by action of the	4932
township trustees or otherwise, but those persons are eligible for	4933
promotion only by compliance with Chapter 124. of the Revised	4934
Code.	4935

(6) This division does not apply to constables appointed	4936
pursuant to section 509.01 of the Revised Code. This division is	4937
subject to division (D) of this section.	4938

(D)(1) The board of township trustees shall not appoint or	4939
employ a person as a chief of police, and the chief of police	4940
shall not appoint or employ a person as a patrol officer or other	4941
peace officer of a township police district or a township police	4942
department, on a permanent basis, on a temporary basis, for a	4943
probationary term, or on other than a permanent basis if the	4944
person previously has been convicted of or has pleaded guilty to a	4945
felony.	4946

(2)(a) The board of township trustees shall terminate the	4947
appointment or employment of a chief of police, patrol officer, or	4948
other peace officer of a township police district or township	4949
police department who does either of the following:	4950

(i) Pleads guilty to a felony;

4951

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	4952
plea agreement as provided in division (D) of section 2929.43 of	4953
the Revised Code in which the chief of police, patrol officer, or	4954
other peace officer of a township police district or township	4955
police department agrees to surrender the certificate awarded to	4956
that chief of police, patrol officer, or other peace officer under	4957
section 109.77 of the Revised Code.	4958

(b) The board shall suspend the appointment or employment of	4959
a chief of police, patrol officer, or other peace officer of a	4960
township police district or township police department who is	4961
convicted, after trial, of a felony. If the chief of police,	4962
patrol officer, or other peace officer of a township police	4963
district or township police department files an appeal from that	4964
conviction and the conviction is upheld by the highest court to	4965
which the appeal is taken or if no timely appeal is filed, the	4966
board shall terminate the appointment or employment of that chief	4967
of police, patrol officer, or other peace officer. If the chief of	4968
police, patrol officer, or other peace officer of a township	4969
police district or township police department files an appeal that	4970
results in that chief of police's, patrol officer's, or other	4971
peace officer's acquittal of the felony or conviction of a	4972
misdemeanor, or in the dismissal of the felony charge against the	4973
chief of police, patrol officer, or other peace officer, the board	4974
shall reinstate that chief of police, patrol officer, or other	4975
peace officer. A chief of police, patrol officer, or other peace	4976
officer of a township police district or township police	4977
department who is reinstated under division (D)(2)(b) of this	4978
section shall not receive any back pay unless the conviction of	4979
that chief of police, patrol officer, or other peace officer of	4980
the felony was reversed on appeal, or the felony charge was	4981
dismissed, because the court found insufficient evidence to	4982
convict the chief of police, patrol officer, or other peace	4983
officer of the felony.	4984

(3) Division (D) of this section does not apply regarding an	4985
offense that was committed prior to January 1, 1997.	4986

(4) The suspension or termination of the appointment or	4987
employment of a chief of police, patrol officer, or other peace	4988
officer under division (D)(2) of this section shall be in	4989
accordance with Chapter 119. of the Revised Code.	4990

(E) The board of township trustees may enter into a contract	4991
under section 505.43 or 505.50 of the Revised Code to obtain all	4992
police protection for the township police district from one or	4993
more municipal corporations, county sheriffs, or other townships.	4994
If the board enters into such a contract, subject to division (D)	4995
of this section, it may, but is not required to, appoint a police	4996
chief for the district.	4997

(F) The members of the police force of a township police	4998
district of a township that adopts the limited self-government	4999
form of township government shall serve as peace officers for the	5000
township territory included in the district.	5001

(G) A chief of police or patrol officer of a township police	5002
district, or of a township police department, may participate, as	5003
the director of an organized crime task force established under	5004
section 177.02 of the Revised Code or as a member of the	5005
investigatory staff of that task force, in an investigation of	5006
organized criminal activity in any county or counties in this	5007
state under sections 177.01 to 177.03 of the Revised Code.	5008

Sec. 505.60. (A) AsExcept as provided in section 124.81 of	5009
the Revised Code, and as provided in this section and section	5010
505.601 of the Revised Code, the board of township trustees of any	5011
township may procure and pay all or any part of the cost of	5012
insurance policies that may provide benefits for hospitalization,	5013
surgical care, major medical care, disability, dental care, eye	5014
care, medical care, hearing aids, prescription drugs, or sickness	5015
and accident insurance, or a combination of any of the foregoing	5016
types of insurance for township officers and employees. The board	5017
of township trustees of any township may negotiate and contract	5018
for the purchase of a policy of long-term care insurance for	5019
township officers and employees pursuant to section 124.841 of the	5020
Revised Code.	5021

If the board procures any insurance policies under this	5022
section, the board shall provide uniform coverage under these	5023
policies for township officers and full-time township employees	5024
and their immediate dependents, and may provide coverage under	5025
these policies for part-time township employees and their	5026
immediate dependents, from the funds or budgets from which the	5027
officers or employees are compensated for services, such policies	5028
to be issued by an insurance company duly authorized to do	5029
business in this state.	5030

(B) The board may also provide coverage for any or all of the	5031
benefits described in division (A) of this section by entering	5032
into a contract for group health care services with health	5033
insuring corporations holding certificates of authority under	5034
Chapter 1751. of the Revised Code for township officers and	5035
employees and their immediate dependents. If the board so	5036
contracts, it shall provide uniform coverage under any such	5037
contracts for township officers and full-time township employees	5038
and their immediate dependents, from the funds or budgets from	5039
which the officers or employees are compensated for services, and	5040
may provide coverage under such contracts for part-time township	5041
employees and their immediate dependents, from the funds or	5042
budgets from which the officers or employees are compensated for	5043
services, provided that each officer and employee so covered is	5044
permitted to:	5045

(1) Choose between a plan offered by an insurance company and	5046
a plan offered by a health insuring corporation, and provided	5047
further that the officer or employee pays any amount by which the	5048
cost of the plan chosen exceeds the cost of the plan offered by	5049
the board under this section;	5050

(2) Change the choice made under this division at a time each	5051
year as determined in advance by the board.	5052

An addition of a class or change of definition of coverage to	5053
the plan offered under this division by the board may be made at	5054
any time that it is determined by the board to be in the best	5055
interest of the township. If the total cost to the township of the	5056
revised plan for any trustee's coverage does not exceed that cost	5057
under the plan in effect during the prior policy year, the	5058
revision of the plan does not cause an increase in that trustee's	5059
compensation.	5060

(C) Any township officer or employee may refuse to accept any	5061
coverage authorized by this section without affecting the	5062
availability of such coverage to other township officers and	5063
employees.	5064

(D) If any township officer or employee is denied coverage	5065
under a health care plan procured under this section or if any	5066
township officer or employee elects not to participate in the	5067
township's health care plan, the township may reimburse the	5068
officer or employee for each out-of-pocket premium attributable to	5069
the coverage provided for the officer or employee for insurance	5070
benefits described in division (A) of this section that the	5071
officer or employee otherwise obtains, but not to exceed an amount	5072
equal to the average premium paid by the township for its officers	5073
and employees under any health care plan it procures under this	5074
section.	5075

(E) The board may provide the benefits authorized under this	5076
section, without competitive bidding, by contributing to a health	5077
and welfare trust fund administered through or in conjunction with	5078
a collective bargaining representative of the township employees	5079
in the same manner as described in division (G) of section 124.81	5080
of the Revised Code.	5081

The board may also provide the benefits described in this	5082
section through an individual self-insurance program or a joint	5083
self-insurance program as provided in section 9.833 of the Revised	5084
Code.	5085

(F) If a board of township trustees fails to pay one or more	5086
premiums for a policy, contract, or plan of insurance or health	5087
care services authorized under this section and the failure causes	5088
a lapse, cancellation, or other termination of coverage under the	5089
policy, contract, or plan, it may reimburse a township officer or	5090
employee for, or pay on behalf of the officer or employee, any	5091
expenses incurred that would have been covered under the policy,	5092
contract, or plan.	5093

(G) As used in this section and section 505.601 of the	5094
Revised Code:	5095

(1) "Part-time township employee" means a township employee	5096
who is hired with the expectation that the employee will work not	5097
more than one thousand five hundred hours in any year.	5098

(2) "Premium" does not include any deductible or health care	5099
costs paid directly by a township officer or employee.	5100

Sec. 709.012. When a municipal corporation annexes township	5101
territory which results in a reduction of the firefighting force	5102
of the township or joint township fire district, the ~~reduction~~	5103
~~shall be made by dismissal of firefighters in the inverse order of~~	5104
~~seniority, with the employee with least time of service being~~	5105
~~dismissed first. The~~ annexing municipal corporation shall offer	5106
employment ~~in the inverse order of dismissal by the township~~ to	5107
~~such~~dismissed firefighters if a vacancy exists in the municipal	5108
fire department and if they:	5109

(A) Were full-time paid active members of the township or	5110
joint township firefighting force for at least six months prior to	5111
dismissal and have made application to the municipal corporation	5112
within sixty days after the effective date of dismissal;	5113

(B) Have passed a physical examination as prescribed by the	5114
physician of the annexing municipal corporation and meet the	5115
requirements necessary to perform firefighting duties;	5116

(C) Meet minimum standards of the municipal corporation with	5117
respect to moral character, literacy, and ability to understand	5118
oral and written instructions as determined by an interview	5119
conducted by the fire department of the municipal corporation. The	5120
applicant shall be at least twenty-one years of age on the date of	5121
application.	5122

(D) Are able to qualify for membership in the Ohio police and	5123
fire pension fund.	5124

A physical examination required by division (B) of this	5125
section may be conducted by any individual authorized by the	5126
Revised Code to conduct physical examinations, including a	5127
physician assistant, a clinical nurse specialist, a certified	5128
nurse practitioner, or a certified nurse-midwife. Any written	5129
documentation of the physical examination shall be completed by	5130
the individual who administered the examination.	5131

If no vacancy exists in the municipal fire department at the	5132
time of the application referred to in division (A) of this	5133
section, the application shall be held until a vacancy occurs.	5134
When such a vacancy occurs, the applicant shall be entitled to	5135
employment in accordance with the requirements of divisions (A),	5136
(B), (C), and (D) of this section. So long as any application for	5137
employment has been made and is being held under this section, the	5138
municipal corporation shall not fill any vacancy in its fire	5139
department by original appointment. If there are individuals who	5140
are entitled to reinstatement in the municipal fire department and	5141
the vacancies therein are insufficient to permit both such	5142
reinstatements and employment of all those applying for employment	5143
under division (A) of this section, the persons having the	5144
greatest length of service, whether with the municipal or township	5145
fire department, shall be entitled to fill the vacancies as they	5146
occur.	5147

A person employed under this section, upon acceptance into	5148
the municipal fire department, shall be given the rank of	5149
"firefighter" and entitled to full seniority credit for prior	5150
service in the township or joint township fire district. The	5151
person shall be entitled to the same salary, future benefits,	5152
vacations, earned time, sick leave, and other rights and	5153
privileges as the municipal fire department extends to other	5154
employees with the same amount of prior service. The person may	5155
take promotional examinations only after completion of one year of	5156
service with the municipal fire department and after meeting any	5157
applicable civil service requirements for such examination.	5158

Compliance with this section is in lieu of compliance with	5159
section 124.42 of the Revised Code or any other requirements for	5160
original appointment to a municipal fire district.	5161

Sec. 742.31. Each employee shall contribute an amount equal	5162
to ten per cent of the employee's salary to the Ohio police and	5163
fire pension fund. ~~The~~The contributions required under this	5164
section shall not be paid by an employer on an employee's behalf,	5165
but may be treated as employer contributions for purposes of state	5166
and federal income tax deferred income provisions.	5167

The amount shall be deducted by the employer from the	5168
employee's salary as defined in division (L) of section 742.01 of	5169
the Revised Code for each payroll period, irrespective of whether	5170
the minimum compensation provided by law for the employee is	5171
reduced thereby. Every employee shall be deemed to consent to the	5172
deductions, and payment to the employee less the deductions is a	5173
complete discharge and acquittance of all claims and demands for	5174
the services rendered by the employee during the period covered by	5175
such payment.	5176

Sec. 749.082. (A) The following apply to the board of	5177
hospital commissioners in relation to its employees and the	5178
employees of a hospital erected under sections 749.02 to 749.14 of	5179
the Revised Code, subject to the ordinances of the legislative	5180
authority of the municipal corporation:	5181

(1) The board may adopt the wage and salary schedule for	5182
employees. If the board establishes a salary schedule, the board	5183
shall require merit to be the only basis for an employee's	5184
progression through the schedule.	5185

(2) The board may employ the hospital's administrator	5186
pursuant to section 749.083 of the Revised Code, and the	5187
administrator may employ individuals for the hospital in	5188
accordance with that section.	5189

(3) The board may employ assistants as necessary to perform	5190
its clerical work, superintend properly the construction of the	5191
hospital, and pay the hospital's expenses. The employees may be	5192
paid from funds provided for the hospital.	5193

(4) The board may enter into a contract with an employer or	5194
other entity whereby the services of any employee of the board or	5195
hospital are rendered to or on behalf of the employer or other	5196
entity for a fee paid to the board or hospital.	5197

(5) The board may grant to employees any fringe benefits the	5198
board determines to be customary and usual in the nonprofit	5199
hospital field in the community, including the following:	5200

(a) Additional vacation leave with full pay for full-time	5201
employees, including hourly rate employees, after service of one	5202
year;	5203

(b) Vacation leave and holiday pay for part-time employees on	5204
a pro rata basis;	5205

(c) Leave with full pay, which shall not be deducted from the	5206
employee's accumulated sick leave, due to death in the employee's	5207
immediate family;	5208

(d) Moving expenses for new employees;

5209

(e) Premium pay for working on holidays observed by other	5210
municipal agencies;	5211

(f) Discounts on purchases from the hospital pharmacy.

5212

(6) The board may provide holiday leave by observing Martin	5213
Luther King day, Washington-Lincoln day, Columbus day, and	5214
Veterans' day on days other than those specified in section 1.14	5215
of the Revised Code.	5216

(7) The board may grant to employees the insurance benefits	5217
authorized by division (B) of this section.	5218

(8) The board may provide employee recognition awards and may	5219
hold employee recognition dinners.	5220

(9) The board may provide scholarships for education in the	5221
health care professions, tuition reimbursement, and other staff	5222
development programs for the purpose of recruiting or retaining	5223
qualified employees.	5224

(10) The board may pay reasonable expenses for recruiting	5225
physicians into the city or for retaining them if all or part of	5226
the city has been designated as an area with a shortage of	5227
personal health services under the "Health Maintenance	5228
Organization Act of 1973," 87 Stat. 914, 42 U.S.C. 300e, as	5229
amended.	5230

(B)(1) The board of hospital commissioners may contract for,	5231
purchase, or otherwise procure on behalf of any or all of its	5232
employees, the employees of the hospital, or such employees and	5233
their immediate dependents the following types of fringe benefits:	5234

(a) Group or individual insurance contracts which may include	5235
life, sickness, accident, disability, annuities, endowment,	5236
health, medical expense, hospital, dental, surgical and related	5237
coverage or any combination thereof;	5238

(b) Group or individual contracts with health insuring	5239
corporations or other providers of professional services, care, or	5240
benefits duly authorized to do business in this state.	5241

(2) The board of hospital commissioners may contract for,	5242
purchase, or otherwise procure insurance contracts which provide	5243
protection for the commissioners, the board's employees, and the	5244
employees of the hospital against liability, including	5245
professional liability, provided that this section or any	5246
insurance contract issued pursuant to this section shall not be	5247
construed as a waiver of or in any manner affect the immunity of	5248
the hospital or municipal corporation.	5249

(3) All or any portion of the cost, premium, fees, or charges	5250
for the insurance benefits specified in divisions (B)(1) and (2)	5251
of this section may be paid in such manner or combination of	5252
manners as the board may determine, including direct payment by an	5253
employee, and, if authorized in writing by an employee, by the	5254
board with moneys made available by deduction from or reduction in	5255
salary or wages or by the foregoing of a salary or wage increase.	5256

Notwithstanding sections 3917.01 and 3917.06 of the Revised	5257
Code, the board may purchase group life insurance authorized by	5258
this section by reason of payment of premiums therefor by the	5259
board from its funds, and such group life insurance may be issued	5260
and purchased if otherwise consistent with sections 3917.01 to	5261
3917.06 of the Revised Code.	5262

(C) The board with the approval of the legislative authority	5263
may retain counsel to bring actions for the collection of	5264
delinquent accounts.	5265

Sec. 749.083. (A) The board of hospital commissioners shall	5266
provide for the administration of the hospital by directly	5267
employing a hospital administrator or by entering into a contract	5268
for the management of the hospital under which an administrator is	5269
provided. When an administrator is employed directly, the board	5270
shall adopt a job description delineating the administrator's	5271
powers and duties and the board may pay the administrator's salary	5272
and other benefits from funds provided for the hospital.	5273

(B) During the construction and equipping of the hospital,	5274
the administrator shall act in an advisory capacity to the board.	5275
After the hospital is completed, the administrator shall serve as	5276
the chief executive officer and shall carry out the administration	5277
of the hospital according to the policies set forth by the board.	5278

The administrator shall administer the hospital, make	5279
reports, and take any other action that the administrator	5280
determines is necessary for the operation of the hospital.	5281

At the end of each fiscal year, the administrator shall	5282
submit to the board a complete financial statement showing the	5283
receipts, revenues, and expenditures in detail for the entire	5284
fiscal year.	5285

The administrator shall ensure that the hospital has such	5286
physicians, nurses, and other employees as are necessary for the	5287
proper care, control, and management of the hospital and its	5288
patients. The physicians, nurses, and other employees may be	5289
suspended or removed by the administrator at any time the welfare	5290
of the hospital warrants suspension or removal. The administrator	5291
may obtain physicians, nurses, and other employees by direct	5292
employment, entering into contracts, or granting authority to	5293
practice in the hospital. If the board delegates to the	5294
administrator the authority to fix employee compensation in	5295
accordance with the wage and salary schedule established by the	5296
board under section 749.082 of the Revised Code, the administrator	5297
shall use merit as the only basis for an employee's progression	5298
through that schedule.	5299

Sec. 917.03. There is hereby created a milk sanitation board	5300
consisting of the director of agriculture or the director's	5301
authorized representative, the director of health or the	5302
director's authorized representative, and the following members to	5303
be appointed by the director of agriculture:	5304

(A) Two grade A milk producers;

5305

(B) One manufacture milk producer;

5306

(C) Three milk processors, one of whom shall be a grade A	5307
milk processor and one of whom shall be a manufacture milk	5308
processor;	5309

(D) One milk hauler.

5310

The three members who are milk producers shall not be members	5311
or representatives of the same co-operative association.	5312

The director of agriculture or the director's authorized	5313
representative shall serve as chairperson of the board.	5314

Before making the appointments to the board required under	5315
this section, the director of agriculture shall consult the	5316
respective statewide trade organizations that represent grade A	5317
milk producers, manufacture milk producers, milk processors, and	5318
milk haulers.	5319

Of the initial appointments, one grade A milk producer, one	5320
milk processor, and the milk hauler shall serve for a term ending	5321
December 31, 1998, one grade A milk producer and the manufacture	5322
milk processor shall serve for a term ending December 31, 1999,	5323
and the manufacture milk producer and a grade A milk processor	5324
shall serve for a term ending December 31, 2000. Thereafter,	5325
members shall serve three-year terms that expire on the	5326
thirty-first day of December.	5327

Each member shall hold office from the date of appointment	5328
until the end of the term for which the member was appointed. A	5329
member appointed to fill a vacancy occurring prior to the	5330
expiration of the term for which the member's predecessor was	5331
appointed shall hold office for the remainder of the term. A	5332
member shall continue in office subsequent to the expiration date	5333
of the member's term until the member's successor takes office or	5334
a period of sixty days has elapsed, whichever occurs first. A	5335
member shall continue in office for the entirety of the member's	5336
term unless removed for misfeasance, malfeasance, or nonfeasance.	5337

The director shall provide the board with the personnel,	5338
office space, and incidentals necessary for it to perform its	5339
duties and exercise its powers. Members shall be reimbursed for	5340
their actual and necessary expenses incurred in the performance of	5341
their duties. Appointed members shall receive compensation in an	5342
amount determined pursuant to division ~~(J)~~(A) of section 124.15 of	5343
the Revised Code.	5344

Sec. 927.69. To effect the purpose of sections 927.51 to	5345
927.73 of the Revised Code, the director of agriculture or the	5346
director's authorized representative may:	5347

(A) Make reasonable inspection of any premises in this state	5348
and any property therein or thereon;	5349

(B) Stop and inspect in a reasonable manner, any means of	5350
conveyance moving within this state upon probable cause to believe	5351
it contains or carries any pest, host, commodity, or other article	5352
that is subject to sections 927.51 to 927.72 of the Revised Code;	5353

(C) Conduct inspections of agricultural products that are	5354
required by other states, the United States department of	5355
agriculture, other federal agencies, or foreign countries to	5356
determine whether the products are infested. If, upon making such	5357
an inspection, the director or the director's authorized	5358
representative determines that an agricultural product is not	5359
infested, the director or the director's authorized representative	5360
may issue a certificate, as required by other states, the United	5361
States department of agriculture, other federal agencies, or	5362
foreign countries, indicating that the product is not infested.	5363

If the director charges fees for any of the certificates,	5364
agreements, or inspections specified in this section, the fees	5365
shall be as follows:	5366

(1) Phyto sanitary certificates, twenty-five dollars for	5367
those collectors or dealers that are licensed under section 927.53	5368
of the Revised Code;	5369

(2) Phyto sanitary certificates, one hundred dollars for all	5370
others;	5371

(3) Compliance agreements, forty dollars;

5372

(4) Agricultural products and their conveyances inspections,	5373
an hourly amount set by the director equal to the hourly rate of	5374
pay ~~in the highest step in the pay range, including fringe~~	5375
~~benefits,~~ of a plant pest control specialist multiplied by the	5376
number of hours worked by such a specialist in conducting an	5377
inspection. The director shall set the hourly amount at a rate	5378
adequate to pay the wages and fringe benefits of the specialist.	5379

The director may adopt rules under section 927.52 of the	5380
Revised Code that define the certificates, agreements, and	5381
inspections.	5382

The fees shall be credited to the plant pest program fund	5383
created in section 927.54 of the Revised Code.	5384

Sec. 991.02. (A) There is hereby created the Ohio	5385
expositions commission which shall consist of the following	5386
thirteen members: nine members appointed by the governor with the	5387
advice and consent of the senate; the director of development and	5388
the director of agriculture, or their designated representatives,	5389
who shall be ex officio members with voting rights of such	5390
commission; and the ~~chairman~~chairperson of the standing committee	5391
in the house of representatives to which matters dealing with	5392
agriculture are generally referred and the ~~chairman~~chairperson of	5393
the standing committee in the senate to which matters dealing with	5394
agriculture are generally referred, who shall be nonvoting	5395
members. If the senate is not in session, recess appointments	5396
shall be made by the governor.	5397

(B) Of the nine members of the commission appointed by the	5398
governor, not more than five shall be from one political party, at	5399
least three members shall receive the major portion of their	5400
income from farming, and at least one member shall, at the time of	5401
~~his~~ appointment, be a member of the board of directors of an	5402
agricultural society which was organized in compliance with	5403
section 1711.01 or 1711.02 of the Revised Code. Terms of office	5404
shall be for six years, commencing on the second day of December	5405
and ending on the first day of December. Each member shall hold	5406
office from the date of ~~his~~ appointment until the end of the term	5407
for which ~~he was~~ appointed. Any member appointed to fill a vacancy	5408
occurring prior to the expiration of the term for which ~~his~~the	5409
member's predecessor was appointed shall hold office for the	5410
remainder of such term. Any member shall continue in office	5411
subsequent to the expiration date of ~~his~~the member's term until	5412
~~his~~the member's successor takes office, or until a period of	5413
sixty days has elapsed, whichever occurs first.	5414

The term of each nonvoting, legislative member of the	5415
commission shall be for two years or until the end of the member's	5416
legislative term, whichever occurs first.	5417

(C) The commission shall annually, during the month of	5418
December, select from among its members a ~~chairman~~chairperson, a	5419
~~vice-chairman~~vice-chairperson, who in the absence of the ~~chairman~~	5420
chairperson shall carry out ~~his~~the chairperson's duties, and a	5421
secretary, who may be a member or employee of the commission, to	5422
record the minutes of its meetings and to carry out such other	5423
duties as may be assigned by the commission, its ~~chairman~~	5424
chairperson, or ~~vice-chairman~~vice-chairperson.	5425

(D) The director of agriculture and the director of	5426
development, or their designated representatives, and the two	5427
legislators appointed to the commission, as members of the	5428
commission shall serve without compensation.	5429

(E) Each of the members of the commission appointed by the	5430
governor shall be paid the rate established pursuant to division	5431
~~(J)~~(A) of section 124.15 of the Revised Code. All members of the	5432
commission are entitled to their actual and necessary expenses	5433
incurred in the performance of their duties as such members,	5434
payable from the appropriations for the commission.	5435

(F) The commission shall hold at least one regular meeting in	5436
each quarter of each calendar year, and shall keep a record of its	5437
proceedings which shall be open to the public for inspection.	5438
Special meetings may be called by the ~~chairman~~chairperson and	5439
shall be called by ~~him~~the chairperson upon receipt of a written	5440
request therefor signed by two or more members of the commission.	5441
Written notice of the time and place of each meeting shall be sent	5442
to each member of the commission. Six of the voting members of the	5443
commission shall constitute a quorum.	5444

(G) The commission shall employ and prescribe the powers and	5445
duties of a general manager who shall serve in the unclassified	5446
civil service at a salary fixed pursuant to section 124.14 of the	5447
Revised Code. The general manager may employ such assistant	5448
managers as hethe general manager and the commission may approve.	5449
At no time shall such assistant managers exceed four in number,	5450
one of whom shall be appointed in the classified civil service.	5451
The general manager may, subject to the approval of the	5452
commission, employ a fiscal officer and such other officers,	5453
employees, and consultants with such powers and duties as are	5454
necessary to carry out sections 991.01 to 991.07 of the Revised	5455
Code. With the approval of the commission and in order to	5456
implement this chapter, the general manager may employ and fix the	5457
compensation of seasonal employees; these employees shall be in	5458
the unclassified civil service, and the overtime pay requirements	5459
of section 124.18 of the Revised Code do not apply to them. The	5460
general manager shall be considered the appointing authority of	5461
the commission for purposes of Chapter 124. of the Revised Code.	5462

(H) The governor may remove any appointed voting member of	5463
the commission at any time for inefficiency, neglect of duty, or	5464
malfeasance in office.	5465

Sec. 1347.15. (A) As used in this section:

5466

(1) "Confidential personal information" means personal	5467
information that is not a public record for purposes of section	5468
149.43 of the Revised Code.	5469

(2) "State agency" does not include the courts or any	5470
judicial agency, any state-assisted institution of higher	5471
education, or any local agency.	5472

(B) Each state agency shall adopt rules under Chapter 119. of	5473
the Revised Code regulating access to the confidential personal	5474
information the agency keeps, whether electronically or on paper.	5475
The rules shall include all the following:	5476

(1) Criteria for determining which employees of the state	5477
agency may access, and which supervisory employees of the state	5478
agency may authorize those employees to access, confidential	5479
personal information;	5480

(2) A list of the valid reasons, directly related to the	5481
state agency's exercise of its powers or duties, for which only	5482
employees of the state agency may access confidential personal	5483
information;	5484

(3) References to the applicable federal or state statutes or	5485
administrative rules that make the confidential personal	5486
information confidential;	5487

(4) A procedure that requires the state agency to do all of	5488
the following:	5489

(a) Provide that any upgrades to an existing computer system,	5490
or the acquisition of any new computer system, that stores,	5491
manages, or contains confidential personal information include a	5492
mechanism for recording specific access by employees of the state	5493
agency to confidential personal information;	5494

(b) Until an upgrade or new acquisition of the type described	5495
in division (B)(4)(a) of this section occurs, except as otherwise	5496
provided in division (C)(1) of this section, keep a log that	5497
records specific access by employees of the state agency to	5498
confidential personal information;	5499

(5) A procedure that requires the state agency to comply with	5500
a written request from an individual for a list of confidential	5501
personal information about the individual that the state agency	5502
keeps, unless the confidential personal information relates to an	5503
investigation about the individual based upon specific statutory	5504
authority by the state agency;	5505

(6) A procedure that requires the state agency to notify each	5506
person whose confidential personal information has been accessed	5507
for an invalid reason by employees of the state agency of that	5508
specific access;	5509

(7) A requirement that the director of the state agency	5510
designate an employee of the state agency to serve as the data	5511
privacy point of contact within the state agency to work with the	5512
chief privacy officer within the office of information technology	5513
to ensure that confidential personal information is properly	5514
protected and that the state agency complies with this section and	5515
rules adopted thereunder;	5516

(8) A requirement that the data privacy point of contact for	5517
the state agency complete a privacy impact assessment form; and	5518

(9) A requirement that a password or other authentication	5519
measure be used to access confidential personal information that	5520
is kept electronically.	5521

(C)(1) A procedure adopted pursuant to division (B)(4) of	5522
this section shall not require a state agency to record in the log	5523
it keeps under division (B)(4)(b) of this section any specific	5524
access by any employee of the agency to confidential personal	5525
information in any of the following circumstances:	5526

(a) The access occurs as a result of research performed for	5527
official agency purposes, routine office procedures, or incidental	5528
contact with the information, unless the conduct resulting in the	5529
access is specifically directed toward a specifically named	5530
individual or a group of ~~specifially~~specifically named	5531
individuals.	5532

(b) The access is to confidential personal information about	5533
an individual, and the access occurs as a result of a request by	5534
that individual for confidential personal information about that	5535
individual.	5536

(2) Each state agency shall establish a training program for	5537
all employees of the state agency described in division (B)(1) of	5538
this section so that these employees are made aware of all	5539
applicable statutes, rules, and policies governing their access to	5540
confidential personal information.	5541

The office of information technology shall develop the	5542
privacy impact assessment form and post the form on its internet	5543
web site by the first day of December each year. The form shall	5544
assist each state agency in complying with the rules it adopted	5545
under this section, in assessing the risks and effects of	5546
collecting, maintaining, and disseminating confidential personal	5547
information, and in adopting privacy protection processes designed	5548
to mitigate potential risks to privacy.	5549

(D) Each state agency shall distribute the policies included	5550
in the rules adopted under division (B) of this section to each	5551
employee of the agency described in division (B)(1) of this	5552
section and shall require that the employee acknowledge receipt of	5553
the copy of the policies. The state agency shall create a poster	5554
that describes these policies and post it in a conspicuous place	5555
in the main office of the state agency and in all locations where	5556
the state agency has branch offices. The state agency shall post	5557
the policies on the internet web site of the agency if it	5558
maintains such an internet web site. A state agency that has	5559
established a manual or handbook of its general policies and	5560
procedures shall include these policies in the manual or handbook.	5561

(E) ~~No collective bargaining agreement entered into under~~	5562
~~Chapter 4117. of the Revised Code on or after the effective date~~	5563
~~of this section shall prohibit disciplinary action against or~~	5564
~~termination of an employee of a state agency who is found to have~~	5565
~~accessed, disclosed, or used personal confidential information in~~	5566
~~violation of a rule adopted under division (B) of this section or~~	5567
~~as otherwise prohibited by law.~~	5568

~~(F)~~ The auditor of state shall obtain evidence that state	5569
agencies adopted the required procedures and policies in a rule	5570
under division (B) of this section, shall obtain evidence	5571
supporting whether the state agency is complying with those	5572
policies and procedures, and may include citations or	5573
recommendations relating to this section in any audit report	5574
issued under section 117.11 of the Revised Code.	5575

~~(G)~~(F) A person who is harmed by a violation of a rule of a	5576
state agency described in division (B) of this section may bring	5577
an action in the court of claims, as described in division (F) of	5578
section 2743.02 of the Revised Code, against any person who	5579
directly and proximately caused the harm.	5580

~~(H)~~(G)(1) No person shall knowingly access confidential	5581
personal information in violation of a rule of a state agency	5582
described in division (B) of this section.	5583

(2) No person shall knowingly use or disclose confidential	5584
personal information in a manner prohibited by law.	5585

(3) No state agency shall employ a person who has been	5586
convicted of or pleaded guilty to a violation of division	5587
~~(H)~~(G)(1) or (2) of this section.	5588

(4) A violation of division ~~(H)~~(G)(1) or (2) of this section	5589
is a violation of a state statute for purposes of division (A) of	5590
section 124.341 of the Revised Code.	5591

Sec. 1347.99. (A) No public official, public employee, or	5592
other person who maintains, or is employed by a person who	5593
maintains, a personal information system for a state or local	5594
agency shall purposely refuse to comply with division (E), (F),	5595
(G), or (H) of section 1347.05, section 1347.071, division (A),	5596
(B), or (C) of section 1347.08, or division (A) or (C) of section	5597
1347.09 of the Revised Code. Whoever violates this section is	5598
guilty of a minor misdemeanor.	5599

(B) Whoever violates division ~~(H)~~(G)(1) or (2) of section	5600
1347.15 of the Revised Code is guilty of a misdemeanor of the	5601
first degree.	5602

Sec. 1349.71. (A) There is hereby created a consumer finance	5603
education board, consisting of the following twelve members:	5604

(1) An employee of the Ohio attorney general's office,	5605
appointed by the governor;	5606

(2) An employee of the department of commerce, appointed by	5607
the governor;	5608

(3) An employee of the Ohio housing finance agency, appointed	5609
by the governor;	5610

(4) A representative of Ohio minority advocacy groups,	5611
appointed by the governor;	5612

(5) A member of the Ohio bankers league, appointed by the	5613
speaker of the house of representatives;	5614

(6) A member of the Ohio mortgage bankers association,	5615
appointed by the speaker of the house of representatives;	5616

(7) A member of the Ohio credit union league, appointed by	5617
the speaker of the house of representatives;	5618

(8) A member of the Ohio community bankers association,	5619
appointed by the speaker of the house of representatives;	5620

(9) A representative of the Ohio real estate industry,	5621
appointed by the president of the senate;	5622

(10) A member of the Ohio mortgage brokers association,	5623
appointed by the president of the senate;	5624

(11) A representative of the financial services industry,	5625
appointed by the president of the senate;	5626

(12) A representative of consumer advocacy organizations,	5627
appointed by the president of the senate.	5628

(B) Geographically diverse representation of the state shall	5629
be considered in making appointments. Of the initial appointments	5630
to the board, four shall be for a term ending December 31, 2008,	5631
four shall be for a term ending December 31, 2009, and four shall	5632
be for a term ending December 31, 2010. Thereafter, terms of	5633
office are for three years, commencing on the first day of January	5634
and ending on the thirty-first day of December. Each member shall	5635
hold office from the date of the member's appointment until the	5636
end of the term for which the member is appointed. Prior to	5637
assuming the duties of office, each member shall subscribe to, and	5638
file with the secretary of state, the constitutional oath of	5639
office. Vacancies that occur on the board shall be filled in the	5640
manner prescribed for regular appointments to the board. A member	5641
appointed to fill a vacancy occurring prior to the expiration of	5642
the term for which the member's predecessor was appointed shall	5643
hold office for the remainder of that predecessor's term. A member	5644
shall continue in office subsequent to the expiration date of the	5645
member's term until the member's successor takes office or until	5646
sixty days have elapsed, whichever occurs first. No person shall	5647
serve as a member of the board for more than two consecutive	5648
terms. The governor may remove a member pursuant to section 3.04	5649
of the Revised Code.	5650

(C) Annually, upon the qualification of the members appointed	5651
in that year, the board shall organize by selecting from its	5652
members a chairperson. The board shall meet at least once each	5653
calendar quarter to conduct its business with the place of future	5654
meetings to be decided by a vote of its members. Each member shall	5655
be provided with written notice of the time and place of each	5656
board meeting at least ten days prior to the scheduled date of the	5657
meeting. A majority of the members of the board constitutes a	5658
quorum to transact and vote on all business coming before the	5659
board.	5660

(D)(1) The governor shall call the first meeting of the	5661
consumer finance education board. At that meeting, and annually	5662
thereafter, the board shall elect a chairperson for a one-year	5663
term and may elect members to other positions on the board as the	5664
board considers necessary or appropriate.	5665

(2) Each member of the board shall receive an amount fixed	5666
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	5667
for each day employed in the discharge of the member's official	5668
duties, and the member's actual and necessary expenses incurred in	5669
the discharge of those duties.	5670

(E) The board may obtain services from any state agency,	5671
including, but not limited to, the department of commerce or its	5672
successor agency.	5673

(F) The board shall assemble an advisory committee of	5674
representatives from the following organizations or groups for the	5675
purpose of receiving recommendations on policy, rules, and	5676
activities of the board:	5677

(1) The department of aging;

5678

(2) The department of rehabilitation and correction;

5679

(3) The department of development;

5680

(4) The department of job and family services;

5681

(5) The Ohio treasurer of state's office;

5682

(6) The county treasurers association of Ohio;

5683

(7) Ohio college professors;

5684

(8) Ohio university professors;

5685

(9) The Ohio board of regents;

5686

(10) The Ohio community development corporations association;

5687

(11) The Ohio council for economic education;

5688

(12) The Ohio state university extension service.

5689

Sec. 1509.35. (A) There is hereby created an oil and gas	5690
commission consisting of five members appointed by the governor.	5691
Terms of office shall be for five years, commencing on the	5692
fifteenth day of October and ending on the fourteenth day of	5693
October, except that the terms of the first five members of the	5694
board shall be for one, two, three, four, and five years,	5695
respectively, as designated by the governor at the time of the	5696
appointment. Each member shall hold office from the date of	5697
appointment until the end of the term for which the member was	5698
appointed. Any member appointed to fill a vacancy occurring prior	5699
to the expiration of the term for which the member's predecessor	5700
was appointed shall hold office for the remainder of that term.	5701
Any member shall continue in office subsequent to the expiration	5702
date of the member's term until a successor takes office, or until	5703
a period of sixty days has elapsed, whichever occurs first. Each	5704
vacancy occurring on the commission shall be filled by appointment	5705
within sixty days after the vacancy occurs. One of the appointees	5706
to the commission shall be a person who, by reason of the person's	5707
previous vocation, employment, or affiliations, can be classed as	5708
a representative of a major petroleum company. One of the	5709
appointees to the commission shall be a person who, by reason of	5710
the person's previous vocation, employment, or affiliations, can	5711
be classed as a representative of the public. One of the	5712
appointees to the commission shall be a person who, by reason of	5713
the person's previous training and experience, can be classed as a	5714
representative of independent petroleum operators. One of the	5715
appointees to the commission shall be a person who, by reason of	5716
the person's previous training and experience, can be classed as	5717
one learned and experienced in oil and gas law. One of the	5718
appointees to the commission shall be a person who, by reason of	5719
the person's previous training and experience, can be classed as	5720
one learned and experienced in geology or petroleum engineering.	5721
Not more than three members shall be members of the same political	5722
party. This division does not apply to temporary members appointed	5723
under division (C) of this section.	5724

(B) Three members constitute a quorum and no action of the	5725
commission is valid unless it has the concurrence of at least a	5726
majority of the members voting on that action. The commission	5727
shall keep a record of its proceedings.	5728

(C) If the chairperson of the commission determines that a	5729
quorum cannot be obtained for the purpose of considering a matter	5730
that will be before the commission because of vacancies or recusal	5731
of its members, the chairperson may contact the technical advisory	5732
council on oil and gas created in section 1509.38 of the Revised	5733
Code and request a list of members of the council who may serve as	5734
temporary members of the commission. Using the list provided by	5735
the council, the chairperson may appoint temporary members to the	5736
commission. The appointment of temporary members shall be for only	5737
the matter for which a quorum cannot be obtained. The number of	5738
temporary members appointed by the chairperson shall not exceed	5739
the number that is necessary to obtain a quorum for the matter. A	5740
temporary member of the commission has the same authority, rights,	5741
and obligations as a member of the commission, including the right	5742
to compensation and other expenses as provided in this section.	5743
The authority, rights, and obligations of a temporary member cease	5744
when the temporary member's service on the commission ends.	5745

(D) Each member shall be paid an amount fixed pursuant to	5746
division ~~(J)~~(A) of section 124.15 of the Revised Code per diem	5747
when actually engaged in the performance of work as a member and	5748
when engaged in travel necessary in connection with that work. In	5749
addition to such compensation each member shall be reimbursed for	5750
all traveling, hotel, and other expenses necessarily incurred in	5751
the performance of work as a member.	5752

(E) The commission shall select from among its members a	5753
chairperson, a vice-chairperson, and a secretary. These officers	5754
shall serve for terms of one year.	5755

(F) The governor may remove any member of the commission from	5756
office for inefficiency, neglect of duty, malfeasance,	5757
misfeasance, or nonfeasance.	5758

(G) The commission, in accordance with Chapter 119. of the	5759
Revised Code, shall adopt rules to govern its procedure.	5760

Sec. 1513.182. (A) There is hereby created the reclamation	5761
forfeiture fund advisory board consisting of the director of	5762
natural resources, the director of insurance, and seven members	5763
appointed by the governor with the advice and consent of the	5764
senate. Of the governor's appointments, one shall be a certified	5765
public accountant, one shall be a registered professional engineer	5766
with experience in reclamation of mined land, two shall represent	5767
agriculture, agronomy, or forestry, one shall be a representative	5768
of operators of coal mining operations that have valid permits	5769
issued under this chapter and that have provided performance	5770
security under division (C)(1) of section 1513.08 of the Revised	5771
Code, one shall be a representative of operators of coal mining	5772
operations that have valid permits issued under this chapter and	5773
that have provided performance security under division (C)(2) of	5774
section 1513.08 of the Revised Code, and one shall be a	5775
representative of the public.	5776

Of the original members appointed by the governor, two shall	5777
serve an initial term of two years, three an initial term of three	5778
years, and two an initial term of four years. Thereafter, terms of	5779
appointed members shall be for four years, with each term ending	5780
on the same date as the original date of appointment. An appointed	5781
member shall hold office from the date of appointment until the	5782
end of the term for which the member was appointed. Vacancies	5783
shall be filled in the same manner as original appointments. A	5784
member appointed to fill a vacancy occurring prior to the	5785
expiration of the term for which the member's predecessor was	5786
appointed shall hold office for the remainder of that term. A	5787
member shall continue in office subsequent to the expiration date	5788
of the member's term until the member's successor takes office or	5789
until a period of sixty days has elapsed, whichever occurs first.	5790
The governor may remove an appointed member of the board for	5791
misfeasance, nonfeasance, or malfeasance.	5792

The directors of natural resources and insurance shall not	5793
receive compensation for serving on the board, but shall be	5794
reimbursed for the actual and necessary expenses incurred in the	5795
performance of their duties as members of the board. The members	5796
appointed by the governor shall receive per diem compensation	5797
fixed pursuant to division ~~(J)~~(A) of section 124.15 of the Revised	5798
Code and reimbursement for the actual and necessary expenses	5799
incurred in the performance of their duties.	5800

(B) The board annually shall elect from among its members a	5801
chairperson, a vice-chairperson, and a secretary to record the	5802
board's meetings.	5803

(C) The board shall hold meetings as often as necessary as	5804
the chairperson or a majority of the members determines.	5805

(D) The board shall establish procedures for conducting	5806
meetings and for the election of its chairperson,	5807
vice-chairperson, and secretary.	5808

(E) The board shall do all of the following:

5809

(1) Review the deposits into and expenditures from the	5810
reclamation forfeiture fund created in section 1513.18 of the	5811
Revised Code;	5812

(2) Retain periodically a qualified actuary to perform an	5813
actuarial study of the reclamation forfeiture fund;	5814

(3) Based on an actuarial study and as determined necessary	5815
by the board, adopt rules in accordance with Chapter 119. of the	5816
Revised Code to adjust the rate of the tax levied under division	5817
(A)(8) of section 5749.02 of the Revised Code and the balance of	5818
the reclamation forfeiture fund that pertains to that rate;	5819

(4) Evaluate any rules, procedures, and methods for	5820
estimating the cost of reclamation for purposes of determining the	5821
amount of performance security that is required under section	5822
1513.08 of the Revised Code; the collection of forfeited	5823
performance security; payments to the reclamation forfeiture fund;	5824
reclamation of sites for which operators have forfeited the	5825
performance security; and the compliance of operators with their	5826
reclamation plans;	5827

(5) Provide a forum for discussion of issues related to the	5828
reclamation forfeiture fund and the performance security that is	5829
required under section 1513.08 of the Revised Code;	5830

(6) Submit a report biennially to the governor that describes	5831
the financial status of the reclamation forfeiture fund and the	5832
adequacy of the amount of money in the fund to accomplish the	5833
purposes of the fund and that may discuss any matter related to	5834
the performance security that is required under section 1513.08 of	5835
the Revised Code;	5836

(7) Make recommendations to the governor, if necessary, of	5837
alternative methods of providing money for or using money in the	5838
reclamation forfeiture fund and issues related to the reclamation	5839
of land or water resources that have been adversely affected by	5840
past coal mining for which the performance security was forfeited;	5841

(8) Adopt rules in accordance with Chapter 119. of the	5842
Revised Code that are necessary to administer this section.	5843

Sec. 1513.29. There is hereby created the council on	5844
unreclaimed strip mined lands. Its members are the chief of the	5845
division of mineral resources management, four persons appointed	5846
by the director of natural resources, two members of the house of	5847
representatives appointed by the speaker of the house of	5848
representatives, one member of the house of representatives	5849
appointed by the minority leader of the house of representatives,	5850
two members of the senate appointed by the president of the	5851
senate, and one member of the senate appointed by the minority	5852
leader of the senate.	5853

Members who are members of the general assembly shall serve	5854
terms of four years or until their legislative terms end,	5855
whichever is sooner. Members appointed by the director shall serve	5856
terms of four years, except that the terms of the first four	5857
members shall be for two and four years, as designated by the	5858
director. Any vacancy in the office of a member of the council	5859
shall be filled by the appointing authority for the unexpired term	5860
of the member whose office will be vacant. The appointing	5861
authority may at any time remove a member of the council for	5862
misfeasance, nonfeasance, malfeasance, or conflict of interest in	5863
office.	5864

The council shall hold meetings as necessary at the call of	5865
the chairperson or a majority of the members. The council shall	5866
annually elect from among its members a chairperson, a	5867
vice-chairperson, and a secretary to keep a record of its	5868
proceedings.	5869

The council shall gather information, study, and make	5870
recommendations concerning the number of acres, location,	5871
ownership, condition, environmental damage resulting from the	5872
condition, cost of acquiring, reclaiming, and possible future uses	5873
and value of eroded lands within the state, including land	5874
affected by strip mining for which no cash is held in the	5875
reclamation forfeiture fund created in section 1513.18 of the	5876
Revised Code.	5877

The council may employ such staff and hire such consultants	5878
as necessary to perform its duties. Members appointed by the	5879
director and, notwithstanding section 101.26 of the Revised Code,	5880
members who are members of the general assembly, when engaged in	5881
their official duties as members of the council, shall be	5882
compensated on a per diem basis in accordance with division ~~(J)~~(A)	5883
of section 124.15 of the Revised Code. Members shall be reimbursed	5884
for their necessary expenses. Expenses incurred by the council and	5885
compensation provided under this section shall be paid by the	5886
chief from the unreclaimed lands fund created in section 1513.30	5887
of the Revised Code.	5888

The council shall report its findings and recommendations to	5889
the governor and the general assembly not later than January 1,	5890
1974, and biennially thereafter.	5891

Sec. 1545.071. ~~The~~Except as provided in section 124.81 of	5892
the Revised Code, the board of park commissioners of any park	5893
district may procure and pay all or any part of the cost of group	5894
insurance policies that may provide benefits for hospitalization,	5895
surgical care, major medical care, disability, dental care, eye	5896
care, medical care, hearing aids, or prescription drugs, or	5897
sickness and accident insurance or a combination of any of the	5898
foregoing types of insurance or coverage for park district	5899
officers and employees and their immediate dependents issued by an	5900
insurance company duly authorized to do business in this state.	5901

The board may procure and pay all or any part of the cost of	5902
group life insurance to insure the lives of park district	5903
employees.	5904

The board also may contract for group health care services	5905
with health insuring corporations holding a certificate of	5906
authority under Chapter 1751. of the Revised Code provided that	5907
each officer or employee is permitted to:	5908

(A) Choose between a plan offered by an insurance company and	5909
a plan offered by a health insuring corporation and provided	5910
further that the officer or employee pays any amount by which the	5911
cost of the plan chosen by the officer or employee exceeds the	5912
cost of the plan offered by the board under this section;	5913

(B) Change the choice made under division (A) of this section	5914
at a time each year as determined in advance by the board.	5915

Any appointed member of the board of park commissioners and	5916
the spouse and dependent children of the member may be covered, at	5917
the option and expense of the member, as a noncompensated employee	5918
of the park district under any benefit plan described in division	5919
(A) of this section. The member shall pay to the park district the	5920
amount certified to it by the benefit provider as the provider's	5921
charge for the coverage the member has chosen under division (A)	5922
of this section. Payments for coverage shall be made, in advance,	5923
in a manner prescribed by the board. The member's exercise of an	5924
option to be covered under this section shall be in writing,	5925
announced at a regular public meeting of the board, and recorded	5926
as a public record in the minutes of the board.	5927

The board may provide the benefits authorized in this section	5928
by contributing to a health and welfare trust fund administered	5929
through or in conjunction with a collective bargaining	5930
representative of the park district employees in the same manner	5931
as described in division (G) of section 124.81 of the Revised	5932
Code.	5933

The board may provide the benefits described in this section	5934
through an individual self-insurance program or a joint	5935
self-insurance program as provided in section 9.833 of the Revised	5936
Code.	5937

Sec. 1551.35. (A) There is hereby established a technical	5938
advisory committee to assist the director of the Ohio coal	5939
development office in achieving the office's purposes. The	5940
director shall appoint to the committee one member of the public	5941
utilities commission and one representative each of coal	5942
production companies, the united mine workers of America, electric	5943
utilities, manufacturers that use Ohio coal, and environmental	5944
organizations, as well as two people with a background in coal	5945
research and development technology, one of whom is employed at	5946
the time of the member's appointment by a state university, as	5947
defined in section 3345.011 of the Revised Code. In addition, the	5948
committee shall include four legislative members. The speaker and	5949
minority leader of the house of representatives each shall appoint	5950
one member of the house of representatives, and the president and	5951
minority leader of the senate each shall appoint one member of the	5952
senate, to the committee. The director of environmental protection	5953
and the director of development shall serve on the committee as ex	5954
officio members. Any member of the committee may designate in	5955
writing a substitute to serve in the member's absence on the	5956
committee. The director of environmental protection may designate	5957
in writing the chief of the air pollution control division of the	5958
agency to represent the agency. Members shall serve on the	5959
committee at the pleasure of their appointing authority. Members	5960
of the committee appointed by the director of the office and,	5961
notwithstanding section 101.26 of the Revised Code, legislative	5962
members of the committee, when engaged in their official duties as	5963
members of the committee, shall be compensated on a per diem basis	5964
in accordance with division ~~(J)~~(A) of section 124.15 of the	5965
Revised Code, except that the member of the public utilities	5966
commission and, while employed by a state university, the member	5967
with a background in coal research, shall not be so compensated.	5968
Members shall receive their actual and necessary expenses incurred	5969
in the performance of their duties.	5970

(B) The technical advisory committee shall review and make	5971
recommendations concerning the Ohio coal development agenda	5972
required under section 1551.34 of the Revised Code, project	5973
proposals, research and development projects submitted to the	5974
office by public utilities for the purpose of section 4905.304 of	5975
the Revised Code, proposals for grants, loans, and loan guarantees	5976
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	5977
and such other topics as the director of the office considers	5978
appropriate.	5979

(C) The technical advisory committee may hold an executive	5980
session at any regular or special meeting for the purpose of	5981
considering research and development project proposals or	5982
applications for assistance submitted to the Ohio coal development	5983
office under section 1551.33, or sections 1555.01 to 1555.06, of	5984
the Revised Code, to the extent that the proposals or applications	5985
consist of trade secrets or other proprietary information.	5986

Any materials or data submitted to, made available to, or	5987
received by the Ohio air quality development authority or the	5988
director of the Ohio coal development office in connection with	5989
agreements for assistance entered into under this chapter or	5990
Chapter 1555. of the Revised Code, or any information taken from	5991
those materials or data for any purpose, to the extent that the	5992
materials or data consist of trade secrets or other proprietary	5993
information, are not public records for the purposes of section	5994
149.43 of the Revised Code.	5995

As used in this division, "trade secrets" has the same	5996
meaning as in section 1333.61 of the Revised Code.	5997

Sec. 1707.36. (A) There is hereby created in the division of	5998
securities a position to be known as attorney-inspector, which	5999
shall be held only by an attorney at law. The duties of this	6000
position are to investigate and report upon all complaints and	6001
alleged violations of this chapter or rules adopted under this	6002
chapter by the division and to represent the division in	6003
prosecutions and other matters arising from such complaints and	6004
alleged violations.	6005

The office of the attorney-inspector is hereby designated a	6006
criminal justice agency in investigating reported violations of	6007
law relating to securities and investment advice, and as such is	6008
authorized by this state to apply for access to the computerized	6009
databases administered by the national crime information center or	6010
the law enforcement automated data system in Ohio, and to other	6011
computerized databases administered for the purpose of making	6012
criminal justice information accessible to state criminal justice	6013
agencies.	6014

(B) There is hereby created in the division of securities two	6015
positions to be known as control-bid attorneys, which shall be	6016
held only by attorneys at law. The duties of these positions are	6017
to investigate and report upon all matters relating to	6018
control-bids and related matters and to represent the division in	6019
the regulatory matters arising under the Ohio control-bid law.	6020

(C) The attorney-inspector and each control-bid attorney	6021
shall be paid at a rate not less than pay range 47 set out in	6022
schedule E-2 prescribed in the version of section 124.152 of the	6023
Revised Code in effect immediately prior to the effective date of	6024
this amendment, to be paid as other operating expenses of the	6025
division.	6026

Sec. 1707.46. The principal executive officer of the	6027
division of securities shall be the commissioner of securities,	6028
who shall be appointed by the director of commerce. The	6029
commissioner of securities shall enforce all the laws and	6030
administrative rules enacted or adopted to regulate the sale of	6031
bonds, stocks, and other securities and to prevent fraud in such	6032
sales. The commissioner also shall enforce all the laws and	6033
administrative rules enacted or adopted to regulate investment	6034
advisers, investment adviser representatives, state retirement	6035
system investment officers, and the bureau of workers'	6036
compensation chief investment officer and to prevent fraud in	6037
their acts, practices, and transactions.	6038

The commissioner shall be paid at a rate not less than pay	6039
range 47 set out in schedule E-2 prescribed in the version of	6040
section 124.152 of the Revised Code in effect immediately prior to	6041
the effective date of this amendment, to be paid as other	6042
operating expenses of the division.	6043

Sec. 3101.01. (A) Male persons of the age of eighteen years,	6044
and female persons of the age of sixteen years, not nearer of kin	6045
than second cousins, and not having a husband or wife living, may	6046
be joined in marriage. A marriage may only be entered into by one	6047
man and one woman. A minor shall first obtain the consent of the	6048
minor's parents, surviving parent, parent who is designated the	6049
residential parent and legal custodian of the minor by a court of	6050
competent jurisdiction, guardian, or any one of the following who	6051
has been awarded permanent custody of the minor by a court	6052
exercising juvenile jurisdiction:	6053

(1) An adult person;

6054

(2) The department of job and family services or any child	6055
welfare organization certified by the department;	6056

(3) A public children services agency.

6057

(B) For the purposes of division (A) of this section, a minor	6058
shall not be required to obtain the consent of a parent who	6059
resides in a foreign country, has neglected or abandoned the minor	6060
for a period of one year or longer immediately preceding the	6061
minor's application for a marriage license, has been adjudged	6062
incompetent, is an inmate of a state mental or correctional	6063
institution, has been permanently deprived of parental rights and	6064
responsibilities for the care of the minor and the right to have	6065
the minor live with the parent and to be the legal custodian of	6066
the minor by a court exercising juvenile jurisdiction, or has been	6067
deprived of parental rights and responsibilities for the care of	6068
the minor and the right to have the minor live with the parent and	6069
to be the legal custodian of the minor by the appointment of a	6070
guardian of the person of the minor by the probate court or by	6071
another court of competent jurisdiction.	6072

(C)(1) Any marriage between persons of the same sex is	6073
against the strong public policy of this state. Any marriage	6074
between persons of the same sex shall have no legal force or	6075
effect in this state and, if attempted to be entered into in this	6076
state, is void ab initio and shall not be recognized by this	6077
state.	6078

(2) Any marriage entered into by persons of the same sex in	6079
any other jurisdiction shall be considered and treated in all	6080
respects as having no legal force or effect in this state and	6081
shall not be recognized by this state.	6082

(3) The recognition or extension by the state of the specific	6083
statutory benefits of a legal marriage to nonmarital relationships	6084
between persons of the same sex or different sexes is against the	6085
strong public policy of this state. Any public act, record, or	6086
judicial proceeding of this state, as defined in section 9.82 of	6087
the Revised Code, that extends the specific statutory benefits of	6088
legal marriage to nonmarital relationships between persons of the	6089
same sex or different sexes is void ab initio. Nothing in division	6090
(C)(3) of this section shall be construed to do either of the	6091
following:	6092

(a) Prohibit the extension of specific benefits otherwise	6093
enjoyed by all persons, married or unmarried, to nonmarital	6094
relationships between persons of the same sex or different sexes,	6095
including the extension of benefits conferred by any statute that	6096
is not expressly limited to married persons~~, which includes but is~~	6097
~~not limited to benefits available under Chapter 4117. of the~~	6098
~~Revised Code~~;	6099

(b) Affect the validity of private agreements that are	6100
otherwise valid under the laws of this state.	6101

(4) Any public act, record, or judicial proceeding of any	6102
other state, country, or other jurisdiction outside this state	6103
that extends the specific benefits of legal marriage to nonmarital	6104
relationships between persons of the same sex or different sexes	6105
shall be considered and treated in all respects as having no legal	6106
force or effect in this state and shall not be recognized by this	6107
state.	6108

Sec. 3301.03. Each elected voting member of the state board	6109
of education shall be a qualified elector residing in the	6110
territory composing the district from which the member is elected,	6111
and shall be nominated and elected to office as provided by Title	6112
XXXV of the Revised Code. Each appointed voting member of the	6113
board shall be a qualified elector residing in the state. At least	6114
four of the appointed voting members shall represent rural school	6115
districts in the state, as evidenced by the member's current place	6116
of residence and at least one of the following:	6117

(A) The member's children attend, or at one time attended,	6118
school in a rural district;	6119

(B) The member's past or present occupation is associated	6120
with rural areas of the state;	6121

(C) The member possesses other credentials or experience	6122
demonstrating knowledge and familiarity with rural school	6123
districts.	6124

No elected or appointed voting member of the board shall,	6125
during the member's term of office, hold any other public position	6126
of trust or profit or be an employee or officer of any public or	6127
private elementary or secondary school. Before entering on the	6128
duties of office, each elected and appointed voting member shall	6129
subscribe to the official oath of office.	6130

Each voting member of the state board of education shall be	6131
paid a salary fixed pursuant to division ~~(J)~~(A) of section 124.15	6132
of the Revised Code, together with the member's actual and	6133
necessary expenses incurred while engaged in the performance of	6134
the member's official duties or in the conduct of authorized board	6135
business, and while en route to and from the member's home for	6136
such purposes.	6137

Sec. 3304.12. (A) The governor, with the advice and consent	6138
of the senate, shall appoint a rehabilitation services commission	6139
consisting of seven members, no more than four of whom shall be	6140
members of the same political party and who shall include at least	6141
three from rehabilitation professions, including at least one	6142
member from the field of services to the blind, and at least four	6143
handicapped individuals, no less than two nor more than three of	6144
whom have received vocational rehabilitation services offered by a	6145
state vocational rehabilitation agency or the veterans'	6146
administration. Such handicapped members shall be representative	6147
of several major categories of handicapped persons served by the	6148
commission.	6149

(B) Of the members first appointed to the commission, one	6150
shall be appointed for a term of seven years, one for a term of	6151
six years, one for a term of five years, one for a term of four	6152
years, one for a term of three years, one for a term of two years,	6153
and one for a term of one year. Thereafter, terms of office shall	6154
be for seven years, commencing on the ninth day of September and	6155
ending on the eighth day of September, with no person eligible to	6156
serve more than two seven-year terms. Each member shall hold	6157
office from the date of ~~his~~ appointment until the end of the term	6158
for which hethe member was appointed. Any member appointed to	6159
fill a vacancy occurring prior to the expiration of the term for	6160
which ~~his~~the member's predecessor was appointed shall hold office	6161
for the remainder of such term. Any member shall continue in	6162
office subsequent to the expiration date of ~~his~~the member's term	6163
until ~~his~~a successor takes office, or until a period of sixty	6164
days has elapsed, whichever occurs first. Members appointed to the	6165
commission after September 1, 1977, shall be handicapped	6166
individuals representing those who have received vocational	6167
rehabilitation services offered by a state vocational	6168
~~rehabilitaion~~rehabilitation agency or the veterans'	6169
administration until the commission membership includes at least	6170
four such individuals. Members who fail to perform their duties or	6171
who are guilty of misconduct may be removed on written charges	6172
preferred by the governor or by a majority of the commission.	6173

(C) Members of the commission shall be reimbursed for travel	6174
and necessary expenses incurred in the conduct of their duties,	6175
and shall receive an amount fixed pursuant to division ~~(J)~~(A) of	6176
section 124.15 of the Revised Code while actually engaged in	6177
attendance at meetings or in the performance of their duties.	6178

Sec. 3304.50. The Ohio independent living council	6179
established and appointed by the governor under the authority of	6180
section 107.18 of the Revised Code and pursuant to the	6181
"Rehabilitation Act Amendments of 1992," 106 Stat. 4344, 29	6182
U.S.C.A. 796d, shall appoint an executive director to serve at the	6183
pleasure of the council and shall fix ~~his~~the executive director's	6184
compensation. ~~The executive director shall not be considered a~~	6185
~~public employee for purposes of Chapter 4117. of the Revised Code.~~	6186
The council may delegate to the executive director the authority	6187
to appoint, remove, and discipline, without regard to sex, race,	6188
creed, color, age, or national origin, such other professional,	6189
administrative, and clerical staff members as are necessary to	6190
carry out the functions and duties of the council.	6191

Sec. 3306.01. This chapter shall be administered by the	6192
state board of education. The superintendent of public instruction	6193
shall calculate the amounts payable to each school district and	6194
shall certify the amounts payable to each eligible district to the	6195
treasurer of the district as determined under this chapter. As	6196
soon as possible after such amounts are calculated, the	6197
superintendent shall certify to the treasurer of each school	6198
district the district's adjusted charge-off increase, as defined	6199
in section 5705.211 of the Revised Code. No moneys shall be	6200
distributed pursuant to this chapter without the approval of the	6201
controlling board.	6202

The state board of education shall, in accordance with	6203
appropriations made by the general assembly, meet the financial	6204
obligations of this chapter.	6205

Annually, the department of education shall calculate and	6206
report to each school district the district's adequacy amount	6207
utilizing the calculations in sections 3306.03 and 3306.13 of the	6208
Revised Code. The department shall calculate and report separately	6209
for each school district the district's total state and local	6210
funds for its students with disabilities, utilizing the	6211
calculations in sections 3306.05, 3306.11, and 3306.13 of the	6212
Revised Code. The department shall calculate and report separately	6213
for each school district the amount of funding calculated for each	6214
factor of the district's adequacy amount.	6215

Not later than the thirty-first day of August of each fiscal	6216
year, the department of education shall provide to each school	6217
district a preliminary estimate of the amount of funding that the	6218
department calculates the district will receive under section	6219
3306.13 of the Revised Code. Not later than the first day of	6220
December of each fiscal year, the department shall update that	6221
preliminary estimate.	6222

Moneys distributed pursuant to this chapter shall be	6223
calculated and paid on a fiscal year basis, beginning with the	6224
first day of July and extending through the thirtieth day of June.	6225
Unless otherwise provided, the moneys appropriated for each fiscal	6226
year shall be distributed at least monthly to each school	6227
district. The state board shall submit a yearly distribution plan	6228
to the controlling board at its first meeting in July. The state	6229
board shall submit any proposed midyear revision of the plan to	6230
the controlling board in January. Any year-end revision of the	6231
plan shall be submitted to the controlling board in June. If	6232
moneys appropriated for each fiscal year are distributed other	6233
than monthly, such distribution shall be on the same basis for	6234
each school district.	6235

The total amounts paid each month shall constitute, as nearly	6236
as possible, one-twelfth of the total amount payable for the	6237
entire year.	6238

Payments shall be calculated to reflect the reporting of	6239
formula ADM. Annualized periodic payments for each school district	6240
shall be based on the district's final student counts verified by	6241
the superintendent of public instruction based on reports under	6242
section 3317.03 of the Revised Code, as adjusted, if so ordered,	6243
under division (K) of that section.	6244

(A) Except as otherwise provided, payments under this chapter	6245
shall be made only to those school districts that comply with	6246
divisions (A)(1) to (3) of this section.	6247

(1) Each city, exempted village, and local school district	6248
shall levy for current operating expenses at least twenty mills.	6249
Levies for joint vocational or cooperative education school	6250
districts or county school financing districts, limited to or to	6251
the extent apportioned to current expenses, shall be included in	6252
this qualification requirement. School district income tax levies	6253
under Chapter 5748. of the Revised Code, limited to or to the	6254
extent apportioned to current operating expenses, shall be	6255
included in this qualification requirement to the extent	6256
determined by the tax commissioner under division (D) of section	6257
3317.021 of the Revised Code.	6258

(2) Each city, exempted village, local, and joint vocational	6259
school district, during the school year next preceding the fiscal	6260
year for which payments are calculated under this chapter, shall	6261
meet the requirement of section 3313.48 or 3313.481 of the Revised	6262
Code, with regard to the minimum number of days or hours school	6263
must be open for instruction with pupils in attendance, for	6264
individualized parent-teacher conference and reporting periods,	6265
and for professional meetings of teachers. The superintendent of	6266
public instruction shall waive a number of days in accordance with	6267
section 3317.01 of the Revised Code on which it had been necessary	6268
for a school to be closed because of disease epidemic, hazardous	6269
weather conditions, inoperability of school buses or other	6270
equipment necessary to the school's operation, damage to a school	6271
building, or other temporary circumstances due to utility failure	6272
rendering the school building unfit for school use.	6273

A school district shall not be considered to have failed to	6274
comply with this division or section 3313.481 of the Revised Code	6275
because schools were open for instruction but either twelfth grade	6276
students were excused from attendance for up to three days or only	6277
a portion of the kindergarten students were in attendance for up	6278
to three days in order to allow for the gradual orientation to	6279
school of such students.	6280

The superintendent of public instruction shall waive the	6281
requirements of this section with reference to the minimum number	6282
of days or hours a school must be open for instruction with pupils	6283
in attendance for the school year succeeding the school year in	6284
which a board of education initiates a plan of operation pursuant	6285
to section 3313.481 of the Revised Code. The minimum requirements	6286
of this section shall again be applicable to the district	6287
beginning with the school year commencing the second July	6288
succeeding the initiation of the plan, and for each school year	6289
thereafter.	6290

A school district shall not be considered to have failed to	6291
comply with this division or section 3313.48 or 3313.481 of the	6292
Revised Code because schools were open for instruction but the	6293
length of the regularly scheduled learning day, for any number of	6294
days during the school year, was reduced by not more than two	6295
hours due to hazardous weather conditions.	6296

(3) Each city, exempted village, local, and joint vocational	6297
school district ~~shall have on file, and~~ shall pay ~~in accordance~~	6298
~~with, a~~ teachers' ~~salary schedule which complies with~~salaries	6299
based upon merit as required under section 3317.13 of the Revised	6300
Code.	6301

(B) A school district board of education or educational	6302
service center governing board that has not conformed with other	6303
law, and the rules pursuant thereto, shall not participate in the	6304
distribution of funds authorized by this chapter, except for good	6305
and sufficient reason established to the satisfaction of the state	6306
board of education and the state controlling board.	6307

(C) All funds allocated to school districts under this	6308
chapter, except those specifically allocated for other purposes,	6309
shall be used only to pay current operating expenses or for either	6310
of the following purposes:	6311

(1) The modification or purchase of classroom space to	6312
provide all-day kindergarten as required by section 3321.05 of the	6313
Revised Code, provided the district certifies its shortage of	6314
space for providing all-day kindergarten to the department of	6315
education, in a manner specified by the department;	6316

(2) The modification or purchase of classroom space to reduce	6317
class sizes in grades kindergarten through three to attain the	6318
goal of fifteen students per core teacher, provided the district	6319
certifies its need for additional classroom space to the	6320
department, in a manner specified by the department.	6321

(D) On or before the last day of each month, the department	6322
of education shall certify to the director of budget and	6323
management for payment, for each county:	6324

(1)(a) That portion of the allocation of money under section	6325
3306.13 of the Revised Code that is required to be paid in that	6326
month to each school district located wholly within the county	6327
subsequent to the deductions described in division (D)(1)(b) of	6328
this section;	6329

(b) The amounts deducted from such allocation under sections	6330
3307.31 and 3309.51 of the Revised Code for payment directly to	6331
the school employees and state teachers retirement systems under	6332
such sections.	6333

(2) If the district is located in more than one county, an	6334
apportionment of the amounts that would otherwise be certified	6335
under division (D)(1) of this section. The amounts apportioned to	6336
the county shall equal the amounts certified under division (D)(1)	6337
of this section times the percentage of the district's resident	6338
pupils who reside both in the district and in the county, based on	6339
the average daily membership reported under division (A) of	6340
section 3317.03 of the Revised Code in October of the prior fiscal	6341
year.	6342

Sec. 3307.27. The contributions required under section	6343
3307.26 of the Revised Code shall not be made by an employer on a	6344
teacher's behalf, but may be treated as paid by the employer in	6345
accordance with division (h) of section 414 of the "Internal	6346
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 414(h), as	6347
amended.	6348

Sec. 3307.77. (A) As used in this section, "employer" means	6349
the employer employing a member of the state teachers retirement	6350
system at the time the member commences an absence, or is granted	6351
a leave described in this section.	6352

(B) Any member of the state teachers retirement system	6353
participating in the plan described in sections 3307.50 to 3307.79	6354
of the Revised Code who is, or has been, prevented from making	6355
contributions under section 3307.26 of the Revised Code because of	6356
an absence due to the member's own illness or injury, or who is,	6357
or has been, granted a leave for educational, professional, or	6358
other purposes pursuant to section 3319.13, ~~3319.131~~3319.141, or	6359
3345.28 of the Revised Code or for any other reason approved by	6360
the state teachers retirement board, may purchase service credit,	6361
not to exceed two years for each such period of absence or leave,	6362
either by having deductions made in accordance with division (C)	6363
of this section or by making the payment required by division (D)	6364
or (E) of this section.	6365

(C) If the absence or leave begins and ends in the same year,	6366
the member may purchase credit for the absence or leave by having	6367
the employer deduct and transmit to the system from payrolls in	6368
that year employee contributions on the amount certified by the	6369
employer as the compensation the member would have received had	6370
the member remained employed in the position held when the absence	6371
or leave commenced. The deductions may be made even though the	6372
minimum compensation provided by law for the member is reduced	6373
thereby, unless the amount to be deducted exceeds the compensation	6374
to be paid the member from the time deductions begin until the end	6375
of the year, in which case credit may not be purchased under this	6376
division. The employer shall pay the system the employer	6377
contributions on the compensation amount certified under this	6378
division. Employee and employer contributions shall be made at the	6379
rates in effect at the time the absence or leave occurred. If the	6380
employee or employer rates in effect change during the absence or	6381
leave, the contributions for each month of the absence or leave	6382
shall be made at the rate in effect for that month.	6383

(D) During or following the absence or leave, but no later	6384
than two years following the last day of the year in which the	6385
absence or leave terminates, a member may purchase credit for the	6386
absence or leave by paying to the employer, and the employer	6387
transmitting to the system, employee contributions on the amount	6388
certified by the employer as the compensation the member would	6389
have received had the member remained employed in the position	6390
held when the absence or leave commenced. The employer shall pay	6391
the system the employer contributions on the compensation amount	6392
certified under this division. Employee and employer contributions	6393
shall be made at the rates in effect at the time the absence or	6394
leave occurred. If the employee or employer rates in effect change	6395
during the absence or leave, the contributions for each month of	6396
an absence or leave shall be made at the rate in effect for that	6397
month.	6398

(E) After two years following the last day of the year in	6399
which an absence or leave terminated, a member may purchase credit	6400
for the absence or leave by paying the employer, and the employer	6401
transmitting to the system, the sum of the following for each year	6402
of credit purchased:	6403

(1) An amount determined by multiplying the employee rate of	6404
contribution in effect at the time the absence or leave commenced	6405
by the member's annual compensation for the member's last full	6406
year of service prior to the commencement of the absence or leave,	6407
or, if the member has not had a full year of service, the	6408
compensation the member would have received for the year the	6409
absence or leave commenced had the member continued in service for	6410
a full year;	6411

(2) Interest compounded annually, at a rate determined by the	6412
board, on the amount determined under division (E)(1) of this	6413
section for the period commencing two years following the last day	6414
of the year in which the absence or leave terminated and ending on	6415
the date of payment;	6416

(3) Interest compounded annually, at a rate determined by the	6417
board, on an amount equal to the employer's contribution required	6418
by this division for the period commencing two years following the	6419
last day of the year in which the absence or leave terminated and	6420
ending on the date of payment.	6421

The employer shall pay to the system for each year of credit	6422
purchased under this division an amount determined by multiplying	6423
the employer contribution rate in effect at the time the absence	6424
or leave commenced by the member's annual compensation for the	6425
member's last full year of service prior to the commencement of	6426
the absence or leave, or, if the member has not had a full year of	6427
service, the compensation the member would have received for the	6428
year the absence or leave commenced had the member continued in	6429
service for a full year.	6430

(F) A member who chooses to purchase service credit under	6431
division (D) or (E) of this section may choose to purchase only	6432
part of the credit for which the member is eligible in any one	6433
payment, but payments made more than two years following the last	6434
day of the year in which the absence or leave terminated shall be	6435
made in accordance with division (E) of this section.	6436

(G) The state teachers retirement board may adopt rules to	6437
implement this section.	6438

Sec. 3309.47. Each school employees retirement system	6439
contributor shall contribute eight per cent of the contributor's	6440
compensation to the employees' savings fund, except that the	6441
school employees retirement board may raise the contribution rate	6442
to a rate not greater than ten per cent of compensation.	6443

The contributions required under this section shall not be	6444
paid by an employer on a contributor's behalf, but may be treated	6445
as employer contributions for purposes of state and federal income	6446
tax deferred income provisions.	6447

The contributions by the direction of the school employees	6448
retirement board shall be deducted by the employer from the	6449
compensation of each contributor on each payroll of such	6450
contributor for each payroll period and shall be an amount equal	6451
to the required per cent of such contributor's compensation. On a	6452
finding by the board that an employer has failed or refused to	6453
deduct contributions for any employee during any year and to	6454
transmit such amounts to the retirement system, the retirement	6455
board may make a determination of the amount of the delinquent	6456
contributions, including interest at a rate set by the retirement	6457
board, from the end of each year, and certify to the employer the	6458
amounts for collection. If the amount is not paid by the employer,	6459
it may be certified for collection in the same manner as payments	6460
due the employers' trust fund. Any amounts so collected shall be	6461
held in trust pending receipt of a report of contributions for the	6462
employee for the period involved as provided by law and,	6463
thereafter, the amount in trust shall be transferred to the	6464
employee's savings fund to the credit of the employee. Any amount	6465
remaining after the transfer to the employees' savings fund shall	6466
be transferred to the employers' trust fund as a credit of the	6467
employer.	6468

Any contributor under contract who, because of illness,	6469
accident, or other reason approved by the employer, is prevented	6470
from making the contributor's contribution to the system for any	6471
payroll period, may, upon returning to contributing service, have	6472
such deductions made from other payrolls during the year, or may	6473
pay such amount to the employer and the employer shall transmit	6474
such deductions to the system. The deductions shall be made	6475
notwithstanding that the minimum compensation for any contributor	6476
shall be reduced thereby. Every contributor shall be deemed to	6477
consent and agree to the contributions made and provided for in	6478
this section and shall receipt in full for the contributor's	6479
salary or compensation, and payment, less the contributions, is a	6480
full and complete discharge and acquittance of all claims and	6481
demands whatsoever for the services rendered by the person during	6482
the period covered by the payment.	6483

Each contributor shall pay with the first payment to the	6484
employees' savings fund each year a sum to be determined by the	6485
board, as provided by law, which amount shall be credited to the	6486
expense fund. The payments for the expense fund shall be made to	6487
the board in the same way as payments to the employees' savings	6488
fund are made.	6489

Additional deposits may be made to a member's account. At	6490
retirement, the amount deposited with interest may be used to	6491
provide additional annuity income. The additional deposits may be	6492
refunded to the member before retirement, and shall be refunded if	6493
the member withdraws the member's refundable amount. The deposits	6494
may be refunded to the beneficiary or estate if the member dies	6495
before retirement, and the board shall determine whether regular	6496
interest shall be credited to deposits thus refunded.	6497

Sec. 3311.19. (A) The management and control of a joint	6498
vocational school district shall be vested in the joint vocational	6499
school district board of education. Where a joint vocational	6500
school district is composed only of two or more local school	6501
districts located in one county, or when all the participating	6502
districts are in one county and the boards of such participating	6503
districts so choose, the educational service center governing	6504
board of the county in which the joint vocational school district	6505
is located shall serve as the joint vocational school district	6506
board of education. Where a joint vocational school district is	6507
composed of local school districts of more than one county, or of	6508
any combination of city, local, or exempted village school	6509
districts or educational service centers, unless administration by	6510
the educational service center governing board has been chosen by	6511
all the participating districts in one county pursuant to this	6512
section, the board of education of the joint vocational school	6513
district shall be composed of one or more persons who are members	6514
of the boards of education from each of the city or exempted	6515
village school districts or members of the educational service	6516
centers' governing boards affected to be appointed by the boards	6517
of education or governing boards of such school districts and	6518
educational service centers. In such joint vocational school	6519
districts the number and terms of members of the joint vocational	6520
school district board of education and the allocation of a given	6521
number of members to each of the city and exempted village	6522
districts and educational service centers shall be determined in	6523
the plan for such district, provided that each such joint	6524
vocational school district board of education shall be composed of	6525
an odd number of members.	6526

(B) Notwithstanding division (A) of this section, a governing	6527
board of an educational service center that has members of its	6528
governing board serving on a joint vocational school district	6529
board of education may make a request to the joint vocational	6530
district board that the joint vocational school district plan be	6531
revised to provide for one or more members of boards of education	6532
of local school districts that are within the territory of the	6533
educational service district and within the joint vocational	6534
school district to serve in the place of or in addition to its	6535
educational service center governing board members. If agreement	6536
is obtained among a majority of the boards of education and	6537
governing boards that have a member serving on the joint	6538
vocational school district board of education and among a majority	6539
of the local school district boards of education included in the	6540
district and located within the territory of the educational	6541
service center whose board requests the substitution or addition,	6542
the state board of education may revise the joint vocational	6543
school district plan to conform with such agreement.	6544

(C) If the board of education of any school district or	6545
educational service center governing board included within a joint	6546
vocational district that has had its board or governing board	6547
membership revised under division (B) of this section requests the	6548
joint vocational school district board to submit to the state	6549
board of education a revised plan under which one or more joint	6550
vocational board members chosen in accordance with a plan revised	6551
under such division would again be chosen in the manner prescribed	6552
by division (A) of this section, the joint vocational board shall	6553
submit the revised plan to the state board of education, provided	6554
the plan is agreed to by a majority of the boards of education	6555
represented on the joint vocational board, a majority of the local	6556
school district boards included within the joint vocational	6557
district, and each educational service center governing board	6558
affected by such plan. The state board of education may revise the	6559
joint vocational school district plan to conform with the revised	6560
plan.	6561

(D) The vocational schools in such joint vocational school	6562
district shall be available to all youth of school age within the	6563
joint vocational school district subject to the rules adopted by	6564
the joint vocational school district board of education in regard	6565
to the standards requisite to admission. A joint vocational school	6566
district board of education shall have the same powers, duties,	6567
and authority for the management and operation of such joint	6568
vocational school district as is granted by law, except by this	6569
chapter and Chapters 124., 3306., 3317., 3323., and 3331. of the	6570
Revised Code, to a board of education of a city school district,	6571
and shall be subject to all the provisions of law that apply to a	6572
city school district, except such provisions in this chapter and	6573
Chapters 124., 3306., 3317., 3323., and 3331. of the Revised Code.	6574

(E) Where a governing board of an educational service center	6575
has been designated to serve as the joint vocational school	6576
district board of education, the educational service center	6577
superintendent shall be the executive officer for the joint	6578
vocational school district, and the governing board may provide	6579
for additional compensation to be paid to the educational service	6580
center superintendent by the joint vocational school district, but	6581
the educational service center superintendent shall have no	6582
continuing tenure other than that of educational service center	6583
superintendent. The superintendent of schools of a joint	6584
vocational school district shall exercise the duties and authority	6585
vested by law in a superintendent of schools pertaining to the	6586
operation of a school district and the employment and supervision	6587
of its personnel. The joint vocational school district board of	6588
education shall appoint a treasurer of the joint vocational school	6589
district who shall be the fiscal officer for such district and who	6590
shall have all the powers, duties, and authority vested by law in	6591
a treasurer of a board of education. Where a governing board of an	6592
educational service center has been designated to serve as the	6593
joint vocational school district board of education, such board	6594
may appoint the educational service center superintendent as the	6595
treasurer of the joint vocational school district.	6596

(F) Each member of a joint vocational school district board	6597
of education may be paid such compensation as the board provides	6598
by resolution, but it shall not exceed one hundred twenty-five	6599
dollars per member for each meeting attended plus mileage, at the	6600
rate per mile provided by resolution of the board, to and from	6601
meetings of the board.	6602

The board may provide by resolution for the deduction of	6603
amounts payable for benefits under division (C) of section	6604
3313.202 of the Revised Code.	6605

Each member of a joint vocational school district board may	6606
be paid such compensation as the board provides by resolution for	6607
attendance at an approved training program, provided that such	6608
compensation shall not exceed sixty dollars per day for attendance	6609
at a training program three hours or fewer in length and one	6610
hundred twenty-five dollars a day for attendance at a training	6611
program longer than three hours in length. However, no board	6612
member shall be compensated for the same training program under	6613
this section and section 3313.12 of the Revised Code.	6614

Sec. 3313.12. Each member of the educational service center	6615
governing board may be paid such compensation as the governing	6616
board provides by resolution, provided that any such compensation	6617
shall not exceed one hundred twenty-five dollars a day plus	6618
mileage both ways, at the rate per mile provided by resolution of	6619
the governing board, for attendance at any meeting of the board.	6620
Such compensation and the expenses of the educational service	6621
center superintendent, itemized and verified, shall be paid from	6622
the educational service center governing board fund upon vouchers	6623
signed by the president of the governing board.	6624

The board of education of any city, local, or exempted	6625
village school district may provide by resolution for compensation	6626
of its members, provided that such compensation shall not exceed	6627
one hundred twenty-five dollars per member for meetings attended.	6628
The board may provide by resolution for the deduction of amounts	6629
payable for benefits under division (C) of section 3313.202 of the	6630
Revised Code.	6631

Each member of a district board or educational service center	6632
governing board may be paid such compensation as the respective	6633
board provides by resolution for attendance at an approved	6634
training program, provided that such compensation shall not exceed	6635
sixty dollars a day for attendance at a training program three	6636
hours or fewer in length and one hundred twenty-five dollars a day	6637
for attendance at a training program longer than three hours in	6638
length.	6639

Sec. 3313.202. (A) As used in this section:

6640

(1) "Health care plan" means any of the following types of	6641
insurance or coverage, or a combination of any of the following	6642
types of insurance or coverage, whether issued by an insurance	6643
company or a health insuring corporation duly licensed by this	6644
state:	6645

(a) Hospitalization, surgical care, or major medical	6646
insurance;	6647

(b) Sickness and accident insurance;

6648

6649

(d) Dental care;

6650

(e) Vision care;

6651

(f) Medical care;

6652

(g) Hearing aids;

6653

(h) Prescription drugs.

6654

(2) "Nonteaching employee" means any person employed in the	6655
public schools of the state in a position for which the person is	6656
not required to have a certificate or license issued pursuant to	6657
sections 3319.22 to 3319.31 of the Revised Code.	6658

(3) "Teaching employee" means any person employed in the	6659
public schools of this state in a position for which the person is	6660
required to have a certificate or license issued pursuant to	6661
sections 3319.22 to 3319.31 of the Revised Code.	6662

(B)(1) The board of education of a school district may	6663
procure and pay up to eighty per cent of the cost of a health care	6664
plan for any of the following:	6665

(a) The teaching employees of the school district;

6666

(b) The nonteaching employees of the school district;

6667

(c) The dependent children and spouses of employees for whom	6668
coverage is procured.	6669

(2) A board of education shall continue to carry, on payroll	6670
records, all school employees whose sick leave accumulation has	6671
expired, or who are on a disability leave of absence or an	6672
approved leave of absence, for the purpose of group term life,	6673
hospitalization, surgical, major medical, or any other insurance.	6674
A board of education may pay all or part of such coverage except	6675
when those employees are on an approved leave of absence, or on a	6676
disability leave of absence for a period exceeding two years.	6677

(C) Any elected or appointed member of the board of education	6678
of a school district and the dependent children and spouse of the	6679
member may be covered, at the option of the member, as an employee	6680
of the school district under any health care plan ~~containing best~~	6681
~~practices prescribed by the school employees health care board~~	6682
adopted under this section ~~9.901 of the Revised Code~~. The provider	6683
of the benefits shall certify to the board the provider's charge	6684
for coverage under each option available to employees under that	6685
plan, and the member shall pay ~~all premiums~~to the school district	6686
the amount certified for that coverage. Payments for such coverage	6687
shall be made, in advance, in a manner prescribed by the ~~school~~	6688
~~employees health care~~ board. The member's exercise of an option to	6689
be covered under this section shall be in writing, announced at a	6690
regular public meeting of the board ~~of education~~, and recorded as	6691
a public record in the minutes of the board.	6692

Sec. 3313.23. If a treasurer of a board of education is	6693
absent from any meeting of the board the members present shall	6694
choose one of their number to serve in ~~his~~the treasurer's place	6695
pro tempore.	6696

If a board of education determines the treasurer is	6697
incapacitated in such a manner that hethe treasurer is unable to	6698
perform the duties of the office of treasurer, the board may, by a	6699
majority vote of the members of the board, appoint a person to	6700
serve in ~~his~~the treasurer's place pro tempore. Each board of	6701
education shall adopt a written policy establishing standards for	6702
determining whether the treasurer is incapacitated, and shall	6703
provide that during any period in which the treasurer is	6704
incapacitated, hethe treasurer may be placed on sick leave or on	6705
leave of absence and may be returned to active duty status from	6706
sick leave or leave of absence. The board shall award leave	6707
pursuant to this written policy in accordance with the general	6708
leave policy the board adopts pursuant to section 3319.141 of the	6709
Revised Code. The treasurer may request a hearing before the board	6710
on any action taken under this section, and he shall have the same	6711
rights in any such hearing as are afforded to a teacher in a board	6712
hearing under section 3319.16 of the Revised Code. The treasurer	6713
pro tempore shall perform all of the duties and functions of the	6714
treasurer, and shall serve until the treasurer's incapacity is	6715
removed as determined by a majority vote of the members of the	6716
board or until the expiration of the treasurer's contract or term	6717
of office, whichever is sooner. The treasurer pro tempore may be	6718
removed at any time for cause by a two-thirds vote of the members	6719
of the board. The board shall fix the compensation of the	6720
treasurer pro tempore in accordance with section 3313.24 of the	6721
Revised Code, and shall require the treasurer pro tempore to	6722
execute a bond immediately after ~~his~~ appointment in accordance	6723
with section 3313.25 of the Revised Code. If a treasurer is a	6724
member of the board, hethe treasurer shall not vote on any matter	6725
related to ~~his~~the treasurer's own incapacitation.	6726

Sec. 3313.24. (A) At the time of the appointment or	6727
designation of the term of office of the treasurer, subject to	6728
division (B) of this section, the board of education of each	6729
local, exempted village, or city school district shall fix the	6730
compensation of its treasurer, which shall be paid from the	6731
general fund of the district. No order for payment of the salary	6732
of the treasurer of a local, exempted village, or city school	6733
district, other than an island school district, shall be drawn	6734
until the treasurer presents to the district board evidence that	6735
the treasurer either holds a valid license issued under section	6736
3301.074 of the Revised Code or is an otherwise qualified	6737
treasurer, as defined in division (B) of section 3313.22 of the	6738
Revised Code.	6739

A governing board of an educational service center which	6740
chooses to act as the governing board of the educational service	6741
center pursuant to division (D) of section 135.01 of the Revised	6742
Code shall fix the compensation of its treasurer and pay its	6743
treasurer in the manner prescribed in the section for local,	6744
exempted village, and city school districts.	6745

(B) The compensation of the treasurer may be increased or	6746
decreased during the treasurer's term of office, provided any	6747
decrease is a part of a uniform plan affecting salaries of all	6748
employees of the district.	6749

(C) The board may establish vacation leave for its treasurer	6750
in accordance with the general leave policy the board adopts	6751
pursuant to section 3319.141 of the Revised Code. Upon the	6752
treasurer's separation from employment, the board may provide	6753
compensation at the treasurer's current rate of pay for all	6754
lawfully accrued and unused vacation leave to the treasurer's	6755
credit at the time of separation, not to exceed the amount accrued	6756
during the three years before the date of separation. In case of	6757
the death of a treasurer, unused vacation leave that the board	6758
would have paid to the treasurer upon separation shall be paid in	6759
accordance with section 2113.04 of the Revised Code or to the	6760
treasurer's estate.	6761

Sec. 3313.33. (A) Conveyances made by a board of education	6762
shall be executed by the president and treasurer thereof.	6763

(B) Except as provided in division (C) of this section, no	6764
member of the board shall have, directly or indirectly, any	6765
pecuniary interest in any contract of the board or be employed in	6766
any manner for compensation by the board of which the person is a	6767
member. No contract shall be binding upon any board unless it is	6768
made or authorized at a regular or special meeting of such board.	6769

(C) A member of the board may have a pecuniary interest in a	6770
contract of the board if all of the following apply:	6771

(1) The member's pecuniary interest in that contract is that	6772
the member is employed by a political subdivision,	6773
instrumentality, or agency of the state that is contracting with	6774
the board;	6775

(2) The member does not participate in any discussion or	6776
debate regarding the contract or vote on the contract;	6777

(3) The member files with the school district treasurer an	6778
affidavit stating the member's exact employment status with the	6779
political subdivision, instrumentality, or agency contracting with	6780
the board.	6781

(D) This section does not apply where a member of the board,	6782
being a shareholder of a corporation but not being an officer or	6783
director thereof, owns not in excess of five per cent of the stock	6784
of such corporation. If a stockholder desires to avail self of the	6785
exception, before entering upon such contract such person shall	6786
first file with the treasurer an affidavit stating the	6787
stockholder's exact status and connection with said corporation.	6788

This section does not apply where a member of the board	6789
elects to be covered by a health care plan under division (C) of	6790
section 3313.202 of the Revised Code.	6791

Sec. 3313.42. (A) When in the judgment of a board of	6792
education of any school district in this state, lying adjacent to	6793
a school district of another state, the best interests of the	6794
public schools can be promoted by purchasing school grounds,	6795
repairing or erecting a schoolhouse, and maintaining them jointly	6796
between the two adjacent school districts, the board of education	6797
of the school district of this state so situated may enter into an	6798
agreement with the school authorities of said adjacent school	6799
district for the purpose of purchasing school grounds, repairing	6800
or constructing a school building, purchasing school furniture,	6801
equipment, appliances, fuel, employing teachers, and maintaining a	6802
school. The board of education of this state may levy taxes and	6803
perform such other duties in maintaining such joint school as are	6804
otherwise provided by law for maintaining the public schools in	6805
this state.	6806

In carrying out this section the school district shall pay	6807
such proportion of the cost of purchasing school grounds,	6808
repairing or erecting a building, and in maintaining the joint	6809
school as is equitable and just in the judgment of the board of	6810
education and trustees of the two adjacent school districts.	6811

(B) ~~In any school district that has entered into an agreement~~	6812
~~under division (A) of this section, the state minimum teacher~~	6813
~~salary requirements prescribed by section 3317.13 of the Revised~~	6814
~~Code do not apply if the total expenditures by the school district~~	6815
~~for teacher salaries in any school year equals or exceeds the~~	6816
~~total minimum expenditures that would have been required in that~~	6817
~~year if such minimum teacher salary requirements did apply.~~	6818

~~(C)~~ Notwithstanding sections 3319.01, 3319.02, and 3313.22 of	6819
the Revised Code, the board of education of a local school	6820
district that has entered into an agreement with an adjacent	6821
school district in another state under division (A) of this	6822
section may contract with the educational service center within	6823
which the local school district is located for the service center	6824
to provide any administrative services specified in the agreement	6825
to the local school district and the adjacent district. If such an	6826
agreement provides for the duties of a district treasurer,	6827
superintendent, or principals to be performed by the service	6828
center, the local school district is not required to employ	6829
persons to perform such duties.	6830

Sec. 3316.07. (A) A school district financial planning and	6831
supervision commission has the following powers, duties, and	6832
functions:	6833

(1) To review or to assume responsibility for the development	6834
of all tax budgets, tax levy and bond and note resolutions,	6835
appropriation measures, and certificates of estimated resources of	6836
the school district in order to ensure that such are consistent	6837
with the financial recovery plan and a balanced appropriation	6838
budget for the current fiscal year, and to request and review any	6839
supporting information upon which the financial recovery plan and	6840
balanced appropriation budget may be developed and based, and to	6841
determine whether revenue estimates and estimates of expenditures	6842
and appropriations will result in a balanced budget;	6843

(2) To inspect and secure copies of any document, resolution,	6844
or instrument pertaining to the effective financial accounting and	6845
reporting system, debt obligations, debt limits, financial	6846
recovery plan, balanced appropriation budgets, appropriation	6847
measures, report of audit, statement or invoice, or other	6848
worksheet or record of the school district;	6849

(3) To inspect and secure copies of any document, instrument,	6850
certification, records of proceedings, or other worksheet or	6851
records of the county budget commission, county auditor, or other	6852
official or employee of the school district or of any other	6853
political subdivision or agency of government of the state;	6854

(4) To review, revise, and approve determinations and	6855
certifications affecting the school district made by the county	6856
budget commission or county auditor pursuant to Chapter 5705. of	6857
the Revised Code to ensure that such determinations and	6858
certifications are consistent with the laws of the state;	6859

(5) To bring civil actions, including mandamus, to enforce	6860
this chapter;	6861

(6) After consultation with the officials of the school	6862
district and the auditor of state, to implement or require	6863
implementation of any necessary or appropriate steps to bring the	6864
books of account, accounting systems, and financial procedures and	6865
reports of the school district into compliance with requirements	6866
prescribed by the auditor of state, and to assume responsibility	6867
for achieving such compliance and for making any desirable	6868
modifications and supplementary systems and procedures pertinent	6869
to the school district;	6870

(7) To assist or provide assistance to the school district or	6871
to assume the total responsibility for the structuring or the	6872
terms of, and the placement for sale of, debt obligations of the	6873
school district;	6874

(8) To perform all other powers, duties, and functions as	6875
provided under this chapter;	6876

(9) To make and enter into all contracts and agreements	6877
necessary or incidental to the performance of its duties and the	6878
exercise of its powers under this chapter;	6879

(10) To consult with officials of the school district and	6880
make recommendations or assume the responsibility for implementing	6881
cost reductions and revenue increases to achieve balanced budgets	6882
and carry out the financial recovery plan in accordance with this	6883
chapter;	6884

(11) To make reductions in force to bring the school	6885
district's budget into balance, notwithstanding section 3319.081	6886
and divisions (A) and (B) of section 3319.17 of the Revised Code,	6887
notwithstanding any provision of a policy adopted under section	6888
3319.171 of the Revised Code, and notwithstanding any provision to	6889
the contrary in section 4117.08 or 4117.10 of the Revised Code or	6890
in any collective bargaining agreement entered into on or after	6891
November 21, 1997.	6892

In making reductions in force, the commission shall first	6893
consider reasonable reductions among the administrative and	6894
~~non-teaching~~nonteaching employees of the school district giving	6895
due regard to ensuring the district's ability to maintain the	6896
personnel, programs, and services essential to the provision of an	6897
adequate educational program.	6898

In making these reductions in ~~non-teaching~~nonteaching	6899
employees in districts where Chapter 124. of the Revised Code	6900
controls such reductions, the reductions shall be made in	6901
accordance with sections 124.321 to 124.327 of the Revised Code.	6902
In making these reductions in ~~non-teaching~~nonteaching employees	6903
in districts where Chapter 124. of the Revised Code does not	6904
control these reductions, within each category of ~~non-teaching~~	6905
nonteaching employees, the commission shall give preference to	6906
those employees with continuing contracts or non-probationary	6907
status ~~and who have greater seniority~~.	6908

If revenues and expenditures cannot be balanced by reasonable	6909
reductions in administrative and ~~non-teaching~~nonteaching	6910
employees, the commission may also make reasonable reductions in	6911
the number of teaching contracts. If the commission finds it	6912
necessary to suspend teaching contracts, it shall suspend them in	6913
accordance with division (C) of section 3319.17 of the Revised	6914
Code but shall consider a reduction in non-classroom teachers	6915
before classroom teachers.	6916

(B) During the fiscal emergency period, the commission shall,	6917
in addition to other powers:	6918

(1) With respect to the appropriation measure in effect at	6919
the commencement of the fiscal emergency period of the school	6920
district if that period commenced more than three months prior to	6921
the end of the current fiscal year, and otherwise with respect to	6922
the appropriation measure for the next fiscal year:	6923

(a) Review and determine the adequacy of all revenues to meet	6924
all expenditures for such fiscal year;	6925

(b) Review and determine the extent of any deficiency of	6926
revenues to meet such expenditures;	6927

(c) Require the school district board or superintendent to	6928
provide justification documents to substantiate, to the extent and	6929
in the manner considered necessary, any item of revenue or	6930
appropriation;	6931

(d) Not later than sixty days after taking office or after	6932
receiving the appropriation measure for the next fiscal year,	6933
issue a public report regarding its review pursuant to division	6934
(B)(1) of this section.	6935

(2) Require the school district board, by resolution, to	6936
establish monthly levels of expenditures and encumbrances	6937
consistent with the financial recovery plan and the commission's	6938
review pursuant to divisions (B)(1)(a) and (b) of this section, or	6939
establish such levels itself. If the commission permits the	6940
district board to make expenditures, the commission shall monitor	6941
the monthly levels of expenditures and encumbrances and require	6942
justification documents to substantiate any departure from any	6943
approved level. No district board shall make any expenditure apart	6944
from the approved level without the written approval of the	6945
commission.	6946

(C) In making any determination pursuant to division (B) of	6947
this section, the commission may rely on any information	6948
considered in its judgment reliable or material and shall not be	6949
restricted by any tax budget or certificate or any other document	6950
the school district may have adopted or received from any other	6951
governmental agency.	6952

(D) County, state, and school district officers or employees	6953
shall assist the commission diligently and promptly in the	6954
prosecution of its duties, including the furnishing of any	6955
materials, including justification documents, required.	6956

(E) Annually on or before the first day of April during the	6957
fiscal emergency period, the commission shall make reports and	6958
recommendations to the speaker of the house of representatives and	6959
the president of the senate concerning progress of the school	6960
district to eliminate fiscal emergency conditions, failures of the	6961
school district to comply with this chapter, and recommendations	6962
for further actions to attain the objectives of this chapter,	6963
including any legislative action needed to make provisions of law	6964
more effective for their purposes, or to enhance revenue raising	6965
or financing capabilities of school districts. The commission may	6966
make such interim reports as it considers appropriate for such	6967
purposes and shall make such additional reports as may be	6968
requested by either house of the general assembly.	6969

Sec. 3317.01. As used in this section and section 3317.011	6970
of the Revised Code, "school district," unless otherwise	6971
specified, means any city, local, exempted village, joint	6972
vocational, or cooperative education school district and any	6973
educational service center.	6974

This chapter shall be administered by the state board of	6975
education. The superintendent of public instruction shall	6976
calculate the amounts payable to each school district and shall	6977
certify the amounts payable to each eligible district to the	6978
treasurer of the district as provided by this chapter. As soon as	6979
possible after such amounts are calculated, the superintendent	6980
shall certify to the treasurer of each school district the	6981
district's adjusted charge-off increase, as defined in section	6982
5705.211 of the Revised Code. No moneys shall be distributed	6983
pursuant to this chapter without the approval of the controlling	6984
board.	6985

The state board of education shall, in accordance with	6986
appropriations made by the general assembly, meet the financial	6987
obligations of this chapter.	6988

Moneys distributed pursuant to this chapter shall be	6989
calculated and paid on a fiscal year basis, beginning with the	6990
first day of July and extending through the thirtieth day of June.	6991
The moneys appropriated for each fiscal year shall be distributed	6992
periodically to each school district unless otherwise provided	6993
for. The state board shall submit a yearly distribution plan to	6994
the controlling board at its first meeting in July. The state	6995
board shall submit any proposed midyear revision of the plan to	6996
the controlling board in January. Any year-end revision of the	6997
plan shall be submitted to the controlling board in June. If	6998
moneys appropriated for each fiscal year are distributed other	6999
than monthly, such distribution shall be on the same basis for	7000
each school district.	7001

Except as otherwise provided, payments under this chapter	7002
shall be made only to those school districts in which:	7003

(A) The school district, except for any educational service	7004
center and any joint vocational or cooperative education school	7005
district, levies for current operating expenses at least twenty	7006
mills. Levies for joint vocational or cooperative education school	7007
districts or county school financing districts, limited to or to	7008
the extent apportioned to current expenses, shall be included in	7009
this qualification requirement. School district income tax levies	7010
under Chapter 5748. of the Revised Code, limited to or to the	7011
extent apportioned to current operating expenses, shall be	7012
included in this qualification requirement to the extent	7013
determined by the tax commissioner under division (D) of section	7014
3317.021 of the Revised Code.	7015

(B) The school year next preceding the fiscal year for which	7016
such payments are authorized meets the requirement of section	7017
3313.48 or 3313.481 of the Revised Code, with regard to the	7018
minimum number of days or hours school must be open for	7019
instruction with pupils in attendance, for individualized	7020
parent-teacher conference and reporting periods, and for	7021
professional meetings of teachers. This requirement shall be	7022
waived by the superintendent of public instruction if it had been	7023
necessary for a school to be closed because of disease epidemic,	7024
hazardous weather conditions, inoperability of school buses or	7025
other equipment necessary to the school's operation, damage to a	7026
school building, or other temporary circumstances due to utility	7027
failure rendering the school building unfit for school use,	7028
provided that for those school districts operating pursuant to	7029
section 3313.48 of the Revised Code the number of days the school	7030
was actually open for instruction with pupils in attendance and	7031
for individualized parent-teacher conference and reporting periods	7032
is not less than one hundred seventy-five, or for those school	7033
districts operating on a trimester plan the number of days the	7034
school was actually open for instruction with pupils in attendance	7035
not less than seventy-nine days in any trimester, for those school	7036
districts operating on a quarterly plan the number of days the	7037
school was actually open for instruction with pupils in attendance	7038
not less than fifty-nine days in any quarter, or for those school	7039
districts operating on a pentamester plan the number of days the	7040
school was actually open for instruction with pupils in attendance	7041
not less than forty-four days in any pentamester. However, for	7042
fiscal year 2012, the superintendent shall waive two fewer such	7043
days for the 2010-2011 school year.	7044

A school district shall not be considered to have failed to	7045
comply with this division or section 3313.481 of the Revised Code	7046
because schools were open for instruction but either twelfth grade	7047
students were excused from attendance for up to three days or only	7048
a portion of the kindergarten students were in attendance for up	7049
to three days in order to allow for the gradual orientation to	7050
school of such students.	7051

The superintendent of public instruction shall waive the	7052
requirements of this section with reference to the minimum number	7053
of days or hours school must be in session with pupils in	7054
attendance for the school year succeeding the school year in which	7055
a board of education initiates a plan of operation pursuant to	7056
section 3313.481 of the Revised Code. The minimum requirements of	7057
this section shall again be applicable to such a district	7058
beginning with the school year commencing the second July	7059
succeeding the initiation of one such plan, and for each school	7060
year thereafter.	7061

A school district shall not be considered to have failed to	7062
comply with this division or section 3313.48 or 3313.481 of the	7063
Revised Code because schools were open for instruction but the	7064
length of the regularly scheduled school day, for any number of	7065
days during the school year, was reduced by not more than two	7066
hours due to hazardous weather conditions.	7067

(C) The school district ~~has on file, and~~ is paying in	7068
~~accordance with, a~~ teachers' ~~salary schedule which complies with~~	7069
salaries based upon merit as required under section 3317.13 of the	7070
Revised Code.	7071

A board of education or governing board of an educational	7072
service center which has not conformed with other law and the	7073
rules pursuant thereto, shall not participate in the distribution	7074
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	7075
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	7076
and sufficient reason established to the satisfaction of the state	7077
board of education and the state controlling board.	7078

All funds allocated to school districts under this chapter,	7079
except those specifically allocated for other purposes, shall be	7080
used to pay current operating expenses only.	7081

Sec. 3317.018. (A) The department of education shall make no	7082
calculations or payments under Chapter 3317. of the Revised Code	7083
for any fiscal year except as prescribed in this section.	7084

(B) School districts shall report student enrollment data as	7085
prescribed by section 3317.03 of the Revised Code, which data the	7086
department shall use to make payments under Chapters 3306. and	7087
3317. of the Revised Code.	7088

(C) The tax commissioner shall report data regarding tax	7089
valuation and receipts for school districts as prescribed by	7090
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,	7091
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of	7092
section 3317.02 of the Revised Code, which data the department	7093
shall use to make payments under Chapters 3306. and 3317. of the	7094
Revised Code.	7095

(D) Unless otherwise specified by another provision of law,	7096
in addition to the payments prescribed by Chapter 3306. of the	7097
Revised Code, the department shall continue to make payments to or	7098
adjustments for school districts in fiscal years after fiscal year	7099
2009 under the following provisions of Chapter 3317. of the	7100
Revised Code:	7101

(1) The catastrophic cost reimbursement under division (C)(3)	7102
of section 3317.022 of the Revised Code. No other payments shall	7103
be made under that section.	7104

(2) All payments or adjustments under section 3317.023 of the	7105
Revised Code, except no payments or adjustments shall be made	7106
under divisions (B), (C), and (D) of that section.	7107

(3) All payments or adjustments under section 3317.024 of the	7108
Revised Code, except no payments or adjustments shall be made	7109
under divisions (F), (L), and (N) of that section.	7110

(4) All payments and adjustments under sections 3317.025,	7111
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the	7112
Revised Code;	7113

(5) Payments under section 3317.04 of the Revised Code;

7114

(6) Unit payments under sections 3317.05, 3317.051, 3317.052,	7115
and 3317.053 of the Revised Code, except that no units for gifted	7116
funding are authorized after fiscal year 2009.	7117

(7) Payments under sections 3317.06, 3317.063, and 3317.064	7118
of the Revised Code;	7119

(8) Payments under section 3317.07 of the Revised Code;

7120

(9) Payments to educational service centers under section	7121
3317.11 of the Revised Code;	7122

(10) The catastrophic cost reimbursement under division (E)	7123
of section 3317.16 of the Revised Code and excess cost	7124
reimbursements under division (G) of that section. No other	7125
payments shall be made under that section;	7126

(11) Payments under section 3317.17 of the Revised Code;

7127

(12) Adjustments under section 3317.18 of the Revised Code;

7128

(13) Payments to cooperative education school districts under	7129
section 3317.19 of the Revised Code;	7130

(14) Payments to county MR/DD boards under section 3317.20 of	7131
the Revised Code;	7132

(15) Payments to state institutions for weighted special	7133
education funding under section 3317.201 of the Revised Code.	7134

(E) Sections 3317.016 and 3317.017 shall not apply to fiscal	7135
years after fiscal year 2009.	7136

(F) This section does not affect the provisions of sections	7137
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,	7138
3317.081, 3317.082, 3317.09, ~~3317.12,~~ 3317.13, ~~3317.14,~~ 3317.15,	7139
3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised	7140
Code.	7141

Sec. 3317.11. (A) As used in this section:

7142

(1) "Client school district" means a city or exempted village	7143
school district that has entered into an agreement under section	7144
3313.843 of the Revised Code to receive any services from an	7145
educational service center.	7146

(2) "Service center ADM" means the sum of the total student	7147
counts of all local school districts within an educational service	7148
center's territory and all of the service center's client school	7149
districts.	7150

(3) "STEM school" means a science, technology, engineering,	7151
and mathematics school established under Chapter 3326. of the	7152
Revised Code.	7153

(4) "Total student count" has the same meaning as in section	7154
3301.011 of the Revised Code.	7155

(B)(1) The governing board of each educational service center	7156
shall provide supervisory services to each local school district	7157
within the service center's territory. Each city or exempted	7158
village school district that enters into an agreement under	7159
section 3313.843 of the Revised Code for a governing board to	7160
provide any services also is considered to be provided supervisory	7161
services by the governing board. Except as provided in division	7162
(B)(2) of this section, the supervisory services shall not exceed	7163
one supervisory teacher for the first fifty classroom teachers	7164
required to be employed in the districts, as calculated under	7165
section 3317.023 of the Revised Code, and one for each additional	7166
one hundred required classroom teachers, as so calculated.	7167

The supervisory services shall be financed annually through	7168
supervisory units. Except as provided in division (B)(2) of this	7169
section, the number of supervisory units assigned to each district	7170
shall not exceed one unit for the first fifty classroom teachers	7171
required to be employed in the district, as calculated under	7172
section 3317.023 of the Revised Code, and one for each additional	7173
one hundred required classroom teachers, as so calculated. The	7174
cost of each supervisory unit shall be the sum of:	7175

(a) The ~~minimum~~merit-based salary prescribed by section	7176
3317.13 of the Revised Code for the licensed supervisory employee	7177
of the governing board;	7178

(b) An amount equal to fifteen per cent of the salary	7179
prescribed by section 3317.13 of the Revised Code;	7180

(c) An allowance for necessary travel expenses, limited to	7181
the lesser of two hundred twenty-three dollars and sixteen cents	7182
per month or two thousand six hundred seventy-eight dollars per	7183
year.	7184

(2) If a majority of the boards of education, or	7185
superintendents acting on behalf of the boards, of the local and	7186
client school districts receiving services from the educational	7187
service center agree to receive additional supervisory services	7188
and to pay the cost of a corresponding number of supervisory units	7189
in excess of the services and units specified in division (B)(1)	7190
of this section, the service center shall provide the additional	7191
services as agreed to by the majority of districts to, and the	7192
department of education shall apportion the cost of the	7193
corresponding number of additional supervisory units pursuant to	7194
division (B)(3) of this section among, all of the service center's	7195
local and client school districts.	7196

(3) The department shall apportion the total cost for all	7197
supervisory units among the service center's local and client	7198
school districts based on each district's total student count. The	7199
department shall deduct each district's apportioned share pursuant	7200
to division (E) of section 3317.023 of the Revised Code and pay	7201
the apportioned share to the service center.	7202

(C) The department annually shall deduct from each local and	7203
client school district of each educational service center,	7204
pursuant to division (E) of section 3317.023 of the Revised Code,	7205
and pay to the service center an amount equal to six dollars and	7206
fifty cents times the school district's total student count. The	7207
board of education, or the superintendent acting on behalf of the	7208
board, of any local or client school district may agree to pay an	7209
amount in excess of six dollars and fifty cents per student in	7210
total student count. If a majority of the boards of education, or	7211
superintendents acting on behalf of the boards, of the local	7212
school districts within a service center's territory approve an	7213
amount in excess of six dollars and fifty cents per student in	7214
total student count, the department shall deduct the approved	7215
excess per student amount from all of the local school districts	7216
within the service center's territory and pay the excess amount to	7217
the service center.	7218

(D) The department shall pay each educational service center	7219
the amounts due to it from school districts pursuant to contracts,	7220
compacts, or agreements under which the service center furnishes	7221
services to the districts or their students. In order to receive	7222
payment under this division, an educational service center shall	7223
furnish either a copy of the contract, compact, or agreement	7224
clearly indicating the amounts of the payments, or a written	7225
statement that clearly indicates the payments owed and is signed	7226
by the superintendent or treasurer of the responsible school	7227
district. The amounts paid to service centers under this division	7228
shall be deducted from payments to school districts pursuant to	7229
division (K)(3) of section 3317.023 of the Revised Code.	7230

(E) Each school district's deduction under this section and	7231
divisions (E) and (K)(3) of section 3317.023 of the Revised Code	7232
shall be made from the total payment computed for the district	7233
under this chapter, after making any other adjustments in that	7234
payment required by law.	7235

(F)(1) Except as provided in division (F)(2) of this section,	7236
the department annually shall pay the governing board of each	7237
educational service center state funds equal to thirty-seven	7238
dollars times its service center ADM.	7239

(2) The department annually shall pay state funds equal to	7240
forty dollars and fifty-two cents times the service center ADM to	7241
each educational service center comprising territory that was	7242
included in the territory of at least three former service centers	7243
or county school districts, which former centers or districts	7244
engaged in one or more mergers under section 3311.053 of the	7245
Revised Code to form the present center.	7246

(G) Each city, exempted village, local, joint vocational, or	7247
cooperative education school district shall pay to the governing	7248
board of an educational service center any amounts agreed to for	7249
each child enrolled in the district who receives special education	7250
and related services or career-technical education from the	7251
educational service center, unless these educational services are	7252
provided pursuant to a contract, compact, or agreement for which	7253
the department deducts and transfers payments under division (D)	7254
of this section and division (K)(3) of section 3317.023 of the	7255
Revised Code.	7256

(H) The department annually shall pay the governing board of	7257
each educational service center that has entered into a contract	7258
with a STEM school for the provision of services described in	7259
division (B) of section 3326.45 of the Revised Code state funds	7260
equal to the per-pupil amount specified in the contract for the	7261
provision of those services times the number of students enrolled	7262
in the STEM school.	7263

(I) An educational service center:

7264

(1) May provide special education and career-technical	7265
education to students in its local or client school districts;	7266

(2) Is eligible for transportation funding under division (G)	7267
of section 3317.024 of the Revised Code and for state subsidies	7268
for the purchase of school buses under section 3317.07 of the	7269
Revised Code;	7270

(3) May apply for and receive gifted education units and	7271
provide gifted education services to students in its local or	7272
client school districts;	7273

(4) May conduct driver education for high school students in	7274
accordance with Chapter 4508. of the Revised Code.	7275

Sec. 3317.13. (A) As used in this section ~~and section~~	7276
~~3317.14 of the Revised Code:~~	7277

~~(1) "Years of service" includes the following:~~

7278

~~(a) All years of teaching service in the same school district~~	7279
~~or educational service center, regardless of training level, with~~	7280
~~each year consisting of at least one hundred twenty days under a~~	7281
~~teacher's contract;~~	7282

~~(b) All years of teaching service in a chartered, nonpublic~~	7283
~~school located in Ohio as a teacher licensed pursuant to section~~	7284
~~3319.22 of the Revised Code or in another public school,~~	7285
~~regardless of training level, with each year consisting of at~~	7286
~~least one hundred twenty days under a teacher's contract;~~	7287

~~(c) All years of teaching service in a chartered school or~~	7288
~~institution or a school or institution that subsequently became~~	7289
~~chartered or a chartered special education program or a special~~	7290
~~education program that subsequently became chartered operated by~~	7291
~~the state or by a subdivision or other local governmental unit of~~	7292
~~this state as a teacher licensed pursuant to section 3319.22 of~~	7293
~~the Revised Code, regardless of training level, with each year~~	7294
~~consisting of at least one hundred twenty days; and~~	7295

~~(d) All years of active military service in the armed forces~~	7296
~~of the United States, as defined in section 3307.75 of the Revised~~	7297
~~Code, to a maximum of five years. For purposes of this~~	7298
~~calculation, a partial year of active military service of eight~~	7299
~~continuous months or more in the armed forces shall be counted as~~	7300
~~a full year.~~	7301

~~(2) "Teacher"~~, "teacher" means all teachers employed by the	7302
board of education of any school district, including any	7303
cooperative education or joint vocational school district and all	7304
teachers employed by any educational service center governing	7305
board.	7306

(B) NoEach teacher shall be paid a salary ~~less than that~~	7307
~~provided in the schedule set forth in division (C) of this~~	7308
~~section. In calculating the minimum salary any teacher shall be~~	7309
~~paid pursuant to this section, years of service shall include the~~	7310
~~sum of all years of the teacher's teaching service included in~~	7311
~~divisions (A)(1)(a), (b), (c), and (d) of this section; except~~	7312
~~that any school district or educational service center employing a~~	7313
~~teacher new to the district or educational service center shall~~	7314
~~grant such teacher a total of not more than ten years of service~~	7315
~~pursuant to divisions (A)(1)(b), (c), and (d) of this section.~~	7316

~~Upon written complaint to the superintendent of public~~	7317
~~instruction that the board of education of a district or the~~	7318
~~governing board of an educational service center governing board~~	7319
~~has failed or refused to annually adopt a salary schedule or to~~	7320
~~pay salaries in accordance with the salary schedule set forth in~~	7321
~~division (C) of this section, the superintendent of public~~	7322
~~instruction shall cause to be made an immediate investigation of~~	7323
~~such complaint. If the superintendent finds that the conditions~~	7324
~~complained of exist, the superintendent shall order the board to~~	7325
~~correct such conditions within ten days from the date of the~~	7326
~~finding. No moneys shall be distributed to the district or~~	7327
~~educational service center under this chapter until the~~	7328
~~superintendent has satisfactory evidence of the board of~~	7329
~~education's full compliance with such order.~~	7330

~~Each teacher shall be fully credited with placement in the~~	7331
~~appropriate academic training level column in the district's or~~	7332
~~educational service center's salary schedule with years of service~~	7333
~~properly credited pursuant to this section or section 3317.14 of~~	7334
~~the Revised Code. No rule shall be adopted or exercised by any~~	7335
~~board of education or educational service center governing board~~	7336
~~which restricts the placement or the crediting of annual salary~~	7337
~~increments for any teacher according to the appropriate academic~~	7338
~~training level column.~~	7339

~~(C) Minimum salaries exclusive of retirement and sick leave~~	7340
~~for teachers shall be as follows:~~	7341

	~~Teachers~~		~~Teachers with~~	~~Teachers~~	7342
~~Years~~	~~with Less~~	~~Teachers with~~	~~Five Years of~~	~~with~~	7343
of	~~than~~	~~a Bachelor's~~	~~Training, but~~	~~a Master's~~	7344
~~Service~~	~~Bachelor's~~	~~Degree~~	~~no Master's~~	~~Degree or~~	7345
	~~Degree~~		~~Degree~~	~~Higher~~	7346

~~Per~~

~~Dollar~~

~~Per~~

~~Dollar~~

~~Per~~

~~Dollar~~

~~Per~~

~~Dollar~~

7347

Cent*

~~Amount~~

Cent*

~~Amount~~

Cent*

~~Amount~~

Cent*

~~Amount~~

7348

~~86.5~~

~~$17,300~~

~~100.0~~

~~$20,000~~

~~103.8~~

~~$20,760~~

~~109.5~~

~~$21,900~~

7349

~~90.0~~

~~18,000~~

~~103.8~~

~~20,760~~

~~108.1~~

~~21,620~~

~~114.3~~

~~22,860~~

7350

~~93.5~~

~~18,700~~

~~107.6~~

~~21,520~~

~~112.4~~

~~22,480~~

~~119.1~~

~~23,820~~

7351

~~97.0~~

~~19,400~~

~~111.4~~

~~22,280~~

~~116.7~~

~~23,340~~

~~123.9~~

~~24,780~~

7352

~~100.5~~

~~20,100~~

~~115.2~~

~~23,040~~

~~121.0~~

~~24,200~~

~~128.7~~

~~25,740~~

7353

~~104.0~~

~~20,800~~

~~119.0~~

~~23,800~~

~~125.3~~

~~25,060~~

~~133.5~~

~~26,700~~

7354

~~104.0~~

~~20,800~~

~~122.8~~

~~24,560~~

~~129.6~~

~~25,920~~

~~138.3~~

~~27,660~~

7355

~~104.0~~

~~20,800~~

~~126.6~~

~~25,320~~

~~133.9~~

~~26,780~~

~~143.1~~

~~28,620~~

7356

~~104.0~~

~~20,800~~

~~130.4~~

~~26,080~~

~~138.2~~

~~27,640~~

~~147.9~~

~~29,580~~

7357

~~104.0~~

~~20,800~~

~~134.2~~

~~26,840~~

~~142.5~~

~~28,500~~

~~152.7~~

~~30,540~~

7358

~~104.0~~

~~20,800~~

~~138.0~~

~~27,600~~

~~146.8~~

~~29,360~~

~~157.5~~

~~31,500~~

7359

~~104.0~~

~~20,800~~

~~141.8~~

~~28,360~~

~~151.1~~

~~30,220~~

~~162.3~~

~~32,460~~

7360

* Percentages represent the percentage which each salary is	7361
~~of the base amount.~~	7362

~~For purposes of determining the minimum salary at any level~~	7363
~~of training and service, the base of one hundred per cent shall be~~	7364
~~the base amount. The percentages used in this section show the~~	7365
~~relationships between the minimum salaries required by this~~	7366
~~section and the base amount and shall not be construed as~~	7367
~~requiring any school district or educational service center to~~	7368
~~adopt a schedule containing salaries in excess of the amounts set~~	7369
~~forth in this section for corresponding levels of training and~~	7370
~~experience.~~	7371

~~As used in this division:~~

7372

~~(1) "Base amount" means twenty thousand dollars.~~

7373

~~(2) "Five years of training" means at least one hundred fifty~~	7374
~~semester hours, or the equivalent, and a bachelor's degree from a~~	7375
~~recognized college or university.~~	7376

~~(D) For purposes of this section, all credited training shall~~	7377
~~be from a recognized college or university~~based upon merit.	7378

Sec. 3318.31. (A) The Ohio school facilities commission may	7379
perform any act and ensure the performance of any function	7380
necessary or appropriate to carry out the purposes of, and	7381
exercise the powers granted under, Chapter 3318. of the Revised	7382
Code, including any of the following:	7383

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	7384
the Revised Code, rules for the administration of programs	7385
authorized under Chapter 3318. of the Revised Code.	7386

(2) Contract with, retain the services of, or designate, and	7387
fix the compensation of, such agents, accountants, consultants,	7388
advisers, and other independent contractors as may be necessary or	7389
desirable to carry out the programs authorized under Chapter 3318.	7390
of the Revised Code, or authorize the executive director to	7391
perform such powers and duties.	7392

(3) Receive and accept any gifts, grants, donations, and	7393
pledges, and receipts therefrom, to be used for the programs	7394
authorized under Chapter 3318. of the Revised Code.	7395

(4) Make and enter into all contracts, commitments, and	7396
agreements, and execute all instruments, necessary or incidental	7397
to the performance of its duties and the execution of its rights	7398
and powers under Chapter 3318. of the Revised Code, or authorize	7399
the executive director to perform such powers and duties.	7400

(B) The commission shall appoint and fix the compensation of	7401
an executive director who shall serve at the pleasure of the	7402
commission. The executive director shall supervise the operations	7403
of the commission and perform such other duties as delegated by	7404
the commission. The executive director also shall employ and fix	7405
the compensation of such employees as will facilitate the	7406
activities and purposes of the commission, who shall serve at the	7407
pleasure of the executive director. ~~The employees of the~~	7408
~~commission shall be exempt from Chapter 4117. of the Revised Code~~	7409
~~and shall not be public employees as defined in section 4117.01 of~~	7410
~~the Revised Code.~~	7411

(C) The attorney general shall serve as the legal	7412
representative for the commission and may appoint other counsel as	7413
necessary for that purpose in accordance with section 109.07 of	7414
the Revised Code.	7415

Sec. 3319.01. Except in an island school district, where the	7416
superintendent of an educational service center otherwise may	7417
serve as superintendent of the district and except as otherwise	7418
provided for any cooperative education school district pursuant to	7419
division (B)(2) of section 3311.52 or division (B)(3) of section	7420
3311.521 of the Revised Code, the board of education in each	7421
school district and the governing board of each service center	7422
shall, at a regular or special meeting held not later than the	7423
first day of May of the calendar year in which the term of the	7424
superintendent expires, appoint a person possessed of the	7425
qualifications provided in this section to act as superintendent,	7426
for a term not longer than five years beginning the first day of	7427
August and ending on the thirty-first day of July. Such	7428
superintendent is, at the expiration of a current term of	7429
employment, deemed reemployed for a term of one year at the same	7430
salary plus any increments that may be authorized by the board,	7431
unless such board, on or before the first day of March of the year	7432
in which the contract of employment expires, either reemploys the	7433
superintendent for a succeeding term as provided in this section	7434
or gives to the superintendent written notice of its intention not	7435
to reemploy the superintendent. A superintendent may not be	7436
transferred to any other position during the term of the	7437
superintendent's employment or reemployment except by mutual	7438
agreement by the superintendent and the board. If a vacancy occurs	7439
in the office of superintendent, the board shall appoint a	7440
superintendent for a term not to exceed five years from the next	7441
preceding first day of August.	7442

A board may at any regular or special meeting held during the	7443
period beginning on the first day of January of the calendar year	7444
immediately preceding the year the contract of employment of a	7445
superintendent expires and ending on the first day of March of the	7446
year it expires, reemploy such superintendent for a succeeding	7447
term for not longer than five years, beginning on the first day of	7448
August immediately following the expiration of the	7449
superintendent's current term of employment and ending on the	7450
thirty-first day of July of the year in which such succeeding term	7451
expires. No person shall be appointed to the office of	7452
superintendent of a city, or exempted village school district or a	7453
service center who does not hold a license designated for being a	7454
superintendent issued under section 3319.22 of the Revised Code,	7455
unless such person had been employed as a county, city, or	7456
exempted village superintendent prior to August 1, 1939. No person	7457
shall be appointed to the office of local superintendent who does	7458
not hold a license designated for being a superintendent issued	7459
under section 3319.22 of the Revised Code, unless such person held	7460
or was qualified to hold the position of executive head of a local	7461
school district on September 16, 1957. At the time of making such	7462
appointment or designation of term, such board shall fix the	7463
compensation of the superintendent, which may be increased or	7464
decreased during such term, provided such decrease is a part of a	7465
uniform plan affecting salaries of all employees of the district,	7466
and shall execute a written contract of employment with such	7467
superintendent.	7468

Each board shall adopt procedures for the evaluation of its	7469
superintendent and shall evaluate its superintendent in accordance	7470
with those procedures. An evaluation based upon such procedures	7471
shall be considered by the board in deciding whether to renew the	7472
superintendent's contract. The establishment of an evaluation	7473
procedure shall not create an expectancy of continued employment.	7474
Nothing in this section shall prevent a board from making the	7475
final determination regarding the renewal or failure to renew of a	7476
superintendent's contract.	7477

Termination of a superintendent's contract shall be pursuant	7478
to section 3319.16 of the Revised Code.	7479

A board may establish vacation leave for its superintendent	7480
in accordance with the general leave policy the board adopts	7481
pursuant to section 3319.141 of the Revised Code. Upon the	7482
superintendent's separation from employment a board that has such	7483
leave may provide compensation at the superintendent's current	7484
rate of pay for all lawfully accrued and unused vacation leave to	7485
the superintendent's credit at the time of separation, not to	7486
exceed the amount accrued within three years before the date of	7487
separation. In case of the death of a superintendent, such unused	7488
vacation leave as the board would have paid to this superintendent	7489
upon separation shall be paid in accordance with section 2113.04	7490
of the Revised Code, or to the superintendent's estate.	7491

Notwithstanding section 9.481 of the Revised Code, the board	7492
of a city, local, exempted village, or joint vocational school	7493
district may require its superintendent, as a condition of	7494
employment, to reside within the boundaries of the district.	7495

The superintendent shall be the executive officer for the	7496
board. Subject to section 3319.40 of the Revised Code, the	7497
superintendent shall direct and assign teachers and other	7498
employees of the district or service center, except as provided in	7499
division (B) of section 3313.31 and section 3319.04 of the Revised	7500
Code. The superintendent shall assign the pupils to the proper	7501
schools and grades, provided that the assignment of a pupil to a	7502
school outside of the pupil's district of residence is approved by	7503
the board of the district of residence of such pupil. The	7504
superintendent shall perform such other duties as the board	7505
determines.	7506

The board of education of any school district may contract	7507
with the governing board of the educational service center from	7508
which it otherwise receives services to conduct searches and	7509
recruitment of candidates for the superintendent position	7510
authorized under this section.	7511

Sec. 3319.011. If a board of education determines the	7512
superintendent is incapacitated in such a manner that hethe	7513
superintendent is unable to perform the duties of the office of	7514
superintendent, the board may, by a majority vote of the members	7515
of the board, appoint a person to serve in ~~his~~the	7516
superintendent's place pro tempore. Each board of education shall	7517
adopt a written policy establishing standards for determining	7518
whether the superintendent is incapacitated, and shall provide	7519
that during any period in which the superintendent is	7520
incapacitated, hethe superintendent may be placed on sick leave	7521
or on leave of absence and may be returned to active duty status	7522
from sick leave or leave of absence. The board shall award leave	7523
pursuant to this written policy in accordance with the general	7524
leave policy the board adopts pursuant to section 3319.141 of the	7525
Revised Code. The superintendent may request a hearing before the	7526
board on any action taken under this section, and he shall have	7527
the same rights in any such hearing as are granted to a teacher in	7528
a board hearing under section 3319.16 of the Revised Code. The	7529
superintendent pro tempore shall perform all of the duties and	7530
functions of the superintendent and shall serve until the board by	7531
majority vote determines the superintendent's incapacity is	7532
removed or until the expiration of the superintendent's contract	7533
or term of office, whichever is sooner. The superintendent pro	7534
tempore may be removed at any time for cause by a two-thirds vote	7535
of the members of the board. The board shall fix the compensation	7536
of the superintendent pro tempore in accordance with section	7537
3319.01 of the Revised Code.	7538

Sec. 3319.02. (A)(1) As used in this section, "other	7539
administrator" means any of the following:	7540

(a) Except as provided in division (A)(2) of this section,	7541
any employee in a position for which a board of education requires	7542
a license designated by rule of the department of education for	7543
being an administrator issued under section 3319.22 of the Revised	7544
Code, including a professional pupil services employee or	7545
administrative specialist or an equivalent of either one who is	7546
not employed as a school counselor and spends less than fifty per	7547
cent of the time employed teaching or working with students;	7548

(b) Any nonlicensed employee whose job duties enable such	7549
employee to be considered as either a "supervisor" or a	7550
"management level employee," as defined in section 4117.01 of the	7551
Revised Code;	7552

(c) A business manager appointed under section 3319.03 of the	7553
Revised Code.	7554

(2) As used in this section, "other administrator" does not	7555
include a superintendent, assistant superintendent, principal, or	7556
assistant principal.	7557

(B) The board of education of each school district and the	7558
governing board of an educational service center may appoint one	7559
or more assistant superintendents and such other administrators as	7560
are necessary. An assistant educational service center	7561
superintendent or service center supervisor employed on a	7562
part-time basis may also be employed by a local board as a	7563
teacher. The board of each city, exempted village, and local	7564
school district shall employ principals for all high schools and	7565
for such other schools as the board designates, and those boards	7566
may appoint assistant principals for any school that they	7567
designate.	7568

(C) In educational service centers and in city, exempted	7569
village, and local school districts, assistant superintendents,	7570
principals, assistant principals, and other administrators shall	7571
only be employed or reemployed in accordance with nominations of	7572
the superintendent, except that a board of education of a school	7573
district or the governing board of a service center, by a	7574
three-fourths vote of its full membership, may reemploy any	7575
assistant superintendent, principal, assistant principal, or other	7576
administrator whom the superintendent refuses to nominate.	7577

The board of education or governing board shall execute a	7578
written contract of employment with each assistant superintendent,	7579
principal, assistant principal, and other administrator it employs	7580
or reemploys. The term of such contract shall not exceed three	7581
years except that in the case of a person who has been employed as	7582
an assistant superintendent, principal, assistant principal, or	7583
other administrator in the district or center for three years or	7584
more, the term of the contract shall be for not more than five	7585
years and, unless the superintendent of the district recommends	7586
otherwise, not less than two years. If the superintendent so	7587
recommends, the term of the contract of a person who has been	7588
employed by the district or service center as an assistant	7589
superintendent, principal, assistant principal, or other	7590
administrator for three years or more may be one year, but all	7591
subsequent contracts granted such person shall be for a term of	7592
not less than two years and not more than five years. When a	7593
teacher with continuing service status becomes an assistant	7594
superintendent, principal, assistant principal, or other	7595
administrator with the district or service center with which the	7596
teacher holds continuing service status, the teacher retains such	7597
status in the teacher's nonadministrative position as provided in	7598
sections 3319.08 and 3319.09 of the Revised Code.	7599

A board of education or governing board may reemploy an	7600
assistant superintendent, principal, assistant principal, or other	7601
administrator at any regular or special meeting held during the	7602
period beginning on the first day of January of the calendar year	7603
immediately preceding the year of expiration of the employment	7604
contract and ending on the last day of March of the year the	7605
employment contract expires.	7606

Except by mutual agreement of the parties thereto, no	7607
assistant superintendent, principal, assistant principal, or other	7608
administrator shall be transferred during the life of a contract	7609
to a position of lesser responsibility. No contract may be	7610
terminated by a board except pursuant to section 3319.16 of the	7611
Revised Code. No contract may be suspended except pursuant to	7612
section 3319.17 or 3319.171 of the Revised Code. The salaries and	7613
compensation prescribed by such contracts shall not be reduced by	7614
a board unless such reduction is a part of a uniform plan	7615
affecting the entire district or center. The contract shall	7616
specify the employee's administrative position and duties as	7617
included in the job description adopted under division (D) of this	7618
section, the salary and other compensation to be paid for	7619
performance of duties, the number of days to be worked, the number	7620
of days of vacation leave, if any, and any paid holidays in the	7621
contractual year.	7622

An assistant superintendent, principal, assistant principal,	7623
or other administrator is, at the expiration of the current term	7624
of employment, deemed reemployed at the same salary plus any	7625
increments that may be authorized by the board, unless such	7626
employee notifies the board in writing to the contrary on or	7627
before the first day of June, or unless such board, on or before	7628
the last day of March of the year in which the contract of	7629
employment expires, either reemploys such employee for a	7630
succeeding term or gives written notice of its intention not to	7631
reemploy the employee. The term of reemployment of a person	7632
reemployed under this paragraph shall be one year, except that if	7633
such person has been employed by the school district or service	7634
center as an assistant superintendent, principal, assistant	7635
principal, or other administrator for three years or more, the	7636
term of reemployment shall be two years.	7637

(D)(1) Each board shall adopt procedures for the evaluation	7638
of all assistant superintendents, principals, assistant	7639
principals, and other administrators and shall evaluate such	7640
employees in accordance with those procedures. The evaluation	7641
based upon such procedures shall be considered by the board in	7642
deciding whether to renew the contract of employment of an	7643
assistant superintendent, principal, assistant principal, or other	7644
administrator.	7645

(2) The evaluation shall measure each assistant	7646
superintendent's, principal's, assistant principal's, and other	7647
administrator's effectiveness in performing the duties included in	7648
the job description and the evaluation procedures shall provide	7649
for, but not be limited to, the following:	7650

(a) Each assistant superintendent, principal, assistant	7651
principal, and other administrator shall be evaluated annually	7652
through a written evaluation process.	7653

(b) The evaluation shall be conducted by the superintendent	7654
or designee.	7655

(c) In order to provide time to show progress in correcting	7656
the deficiencies identified in the evaluation process, the	7657
evaluation process shall be completed as follows:	7658

(i) In any school year that the employee's contract of	7659
employment is not due to expire, at least one evaluation shall be	7660
completed in that year. A written copy of the evaluation shall be	7661
provided to the employee no later than the end of the employee's	7662
contract year as defined by the employee's annual salary notice.	7663

(ii) In any school year that the employee's contract of	7664
employment is due to expire, at least a preliminary evaluation and	7665
at least a final evaluation shall be completed in that year. A	7666
written copy of the preliminary evaluation shall be provided to	7667
the employee at least sixty days prior to any action by the board	7668
on the employee's contract of employment. The final evaluation	7669
shall indicate the superintendent's intended recommendation to the	7670
board regarding a contract of employment for the employee. A	7671
written copy of the evaluation shall be provided to the employee	7672
at least five days prior to the board's acting to renew or not	7673
renew the contract.	7674

(3) Termination of an assistant superintendent, principal,	7675
assistant principal, or other administrator's contract shall be	7676
pursuant to section 3319.16 of the Revised Code. Suspension of any	7677
such employee shall be pursuant to section 3319.17 or 3319.171 of	7678
the Revised Code.	7679

(4) Before taking action to renew or nonrenew the contract of	7680
an assistant superintendent, principal, assistant principal, or	7681
other administrator under this section and prior to the last day	7682
of March of the year in which such employee's contract expires,	7683
the board shall notify each such employee of the date that the	7684
contract expires and that the employee may request a meeting with	7685
the board. Upon request by such an employee, the board shall grant	7686
the employee a meeting in executive session. In that meeting, the	7687
board shall discuss its reasons for considering renewal or	7688
nonrenewal of the contract. The employee shall be permitted to	7689
have a representative, chosen by the employee, present at the	7690
meeting.	7691

(5) The establishment of an evaluation procedure shall not	7692
create an expectancy of continued employment. Nothing in division	7693
(D) of this section shall prevent a board from making the final	7694
determination regarding the renewal or nonrenewal of the contract	7695
of any assistant superintendent, principal, assistant principal,	7696
or other administrator. However, if a board fails to provide	7697
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	7698
section, or if the board fails to provide at the request of the	7699
employee a meeting as prescribed in division (D)(4) of this	7700
section, the employee automatically shall be reemployed at the	7701
same salary plus any increments that may be authorized by the	7702
board for a period of one year, except that if the employee has	7703
been employed by the district or service center as an assistant	7704
superintendent, principal, assistant principal, or other	7705
administrator for three years or more, the period of reemployment	7706
shall be for two years.	7707

(E) On nomination of the superintendent of a service center a	7708
governing board may employ supervisors who shall be employed under	7709
written contracts of employment for terms not to exceed five years	7710
each. Such contracts may be terminated by a governing board	7711
pursuant to section 3319.16 of the Revised Code. Any supervisor	7712
employed pursuant to this division may terminate the contract of	7713
employment at the end of any school year after giving the board at	7714
least thirty days' written notice prior to such termination. On	7715
the recommendation of the superintendent the contract or contracts	7716
of any supervisor employed pursuant to this division may be	7717
suspended for the remainder of the term of any such contract	7718
pursuant to section 3319.17 or 3319.171 of the Revised Code.	7719

(F) A board may establish vacation leave for any individuals	7720
employed under this section in accordance with the general leave	7721
policy the board adopts pursuant to section 3319.141 of the	7722
Revised Code. Upon such an individual's separation from	7723
employment, a board that has such leave may compensate such an	7724
individual at the individual's current rate of pay for all	7725
lawfully accrued and unused vacation leave credited at the time of	7726
separation, not to exceed the amount accrued within three years	7727
before the date of separation. In case of the death of an	7728
individual employed under this section, such unused vacation leave	7729
as the board would have paid to the individual upon separation	7730
under this section shall be paid in accordance with section	7731
2113.04 of the Revised Code, or to the estate.	7732

(G) The board of education of any school district may	7733
contract with the governing board of the educational service	7734
center from which it otherwise receives services to conduct	7735
searches and recruitment of candidates for assistant	7736
superintendent, principal, assistant principal, and other	7737
administrator positions authorized under this section.	7738

Sec. 3319.06. (A) The board of education of each city,	7739
exempted village, or local school district may create the position	7740
of internal auditor. Any person employed by the board as an	7741
internal auditor shall hold a valid permit issued under section	7742
4701.10 of the Revised Code to practice as a certified public	7743
accountant or a public accountant.	7744

(B) The board shall execute a written contract of employment	7745
with each internal auditor it employs. The contract shall specify	7746
the internal auditor's duties,; the salary and other compensation	7747
to be paid for performance of those duties,; the number of days to	7748
be worked, the number of days of vacation leave, if any, that the	7749
internal auditor receives under the general leave policy the board	7750
adopts pursuant to section 3319.141 of the Revised Code; and any	7751
paid holidays in the contractual year. The salary and other	7752
compensation prescribed by the contract may be increased by the	7753
board during the term of the contract but shall not be reduced	7754
during that term unless such reduction is part of a uniform plan	7755
affecting employees of the entire district. The term of the	7756
initial contract shall not exceed three years. Any renewal of the	7757
contract shall be for a term of not less than two years and not	7758
more than five years.	7759

The internal auditor shall be directly responsible to the	7760
board for the performance of all duties outlined in the contract.	7761
If the board does not intend to renew the contract upon its	7762
expiration, the board shall provide written notice to the internal	7763
auditor of its intention not to renew the contract not later than	7764
the last day of March of the year in which the contract expires.	7765
If the board does not provide such notice by that date, the	7766
internal auditor shall be deemed reemployed for a term of one year	7767
at the same salary plus any increments that may be authorized by	7768
the board. Termination of an internal auditor's contract shall be	7769
pursuant to section 3319.16 of the Revised Code.	7770

(C) Each board that employs an internal auditor shall adopt	7771
procedures for the evaluation of the internal auditor and shall	7772
evaluate the internal auditor in accordance with those procedures.	7773
The evaluation based upon the procedures shall be considered by	7774
the board in deciding whether to renew the internal auditor's	7775
contract of employment. The establishment of an evaluation	7776
procedure shall not create an expectancy of continued employment.	7777
Nothing in this section shall prevent the board from making the	7778
final determination regarding the renewal or nonrenewal of the	7779
contract of an internal auditor.	7780

Sec. 3319.08. (A) The board of education of each city,	7781
exempted village, local, and joint vocational school district and	7782
the governing board of each educational service center shall enter	7783
into written contracts for the employment and reemployment of all	7784
teachers. Contracts for the employment of teachers shall be of two	7785
types, limited contracts and continuing contracts. The board of	7786
each school district or service center that authorizes	7787
compensation ~~in addition to the base salary stated in the~~	7788
~~teachers' salary schedule~~ for the performance of duties by a	7789
teacher that are in addition to the teacher's regular teaching	7790
duties, shall enter into a supplemental written contract with each	7791
teacher who is to perform additional duties. Such supplemental	7792
written contracts shall be limited contracts. Such written	7793
contracts and supplemental written contracts shall set forth the	7794
teacher's duties and shall specify the salaries and compensation	7795
to be paid for regular teaching duties and additional teaching	7796
duties, respectively, either or both of which may be increased but	7797
not diminished during the term for which the contract is made,	7798
except as provided in section 3319.12 of the Revised Code.	7799

If a board adopts a motion or resolution to employ a teacher	7800
under a limited or continuing contract and the teacher accepts	7801
such employment, the failure of such parties to execute a written	7802
contract shall not void such employment contract.	7803

(B) Teachers must be paid for all time lost when the schools	7804
in which they are employed are closed due to an epidemic or other	7805
public calamity, and for time lost due to illness or otherwise for	7806
not less than five days annually as authorized by regulations	7807
which each board shall adopt.	7808

7809

(1) For a superintendent, a contract for such term as	7810
authorized by section 3319.01 of the Revised Code;	7811

(2) For an assistant superintendent, principal, assistant	7812
principal, or other administrator, a contract for such term as	7813
authorized by section 3319.02 of the Revised Code;	7814

(3) For a classroom teacher, a contract for a term not to	7815
exceed the following:	7816

(a) Five years, in the case of a contract entered into prior	7817
to the effective date of this amendment;	7818

(b) One year, in the case of a contract entered into on or	7819
after the effective date of this amendment.	7820

(4) For all other teachers, a contract for a term not to	7821
exceed five years.	7822

(D) A continuing contract is a contract that remains in	7823
effect until the teacher resigns, elects to retire, or is retired	7824
pursuant to former section 3307.37 of the Revised Code, or until	7825
it is terminated or suspended and shall be granted only to the	7826
following:	7827

(1) Any teacher holding a professional, permanent, or life	7828
teacher's certificate;	7829

(2) Any teacher who ~~meets~~met the following conditions prior	7830
to the effective date of this amendment:	7831

(a) The teacher was initially issued a teacher's certificate	7832
or educator license prior to January 1, 2011.	7833

(b) The teacher ~~holds~~held a professional educator license	7834
issued under section 3319.22 or 3319.222 or former section 3319.22	7835
of the Revised Code or a senior professional educator license or	7836
lead professional educator license issued under section 3319.22 of	7837
the Revised Code.	7838

(c) The teacher ~~has~~had completed the applicable one of the	7839
following:	7840

(i) If the teacher did not hold a master's degree at the time	7841
of initially receiving a teacher's certificate under former law or	7842
an educator license, thirty semester hours of coursework in the	7843
area of licensure or in an area related to the teaching field	7844
since the initial issuance of such certificate or license, as	7845
specified in rules which the state board of education shall adopt;	7846

(ii) If the teacher held a master's degree at the time of	7847
initially receiving a teacher's certificate under former law or an	7848
educator license, six semester hours of graduate coursework in the	7849
area of licensure or in an area related to the teaching field	7850
since the initial issuance of such certificate or license, as	7851
specified in rules which the state board shall adopt.	7852

~~(3) Any teacher who meets the following conditions:~~

7853

~~(a) The teacher never held a teacher's certificate and was~~	7854
~~initially issued an educator license on or after January 1, 2011.~~	7855

(~~b) The teacher holds a professional educator license, senior~~	7856
~~professional educator license, or lead professional educator~~	7857
~~license issued under section 3319.22 of the Revised Code.~~	7858

~~(c) The teacher has held an educator license for at least~~	7859
~~seven years.~~	7860

~~(d) The teacher has completed the applicable one of the~~	7861
~~following:~~	7862

~~(i) If the teacher did not hold a master's degree at the time~~	7863
~~of initially receiving an educator license, thirty semester hours~~	7864
~~of coursework in the area of licensure or in an area related to~~	7865
~~the teaching field since the initial issuance of that license, as~~	7866
~~specified in rules which the state board shall adopt;~~	7867

~~(ii) If the teacher held a master's degree at the time of~~	7868
~~initially receiving an educator license, six semester hours of~~	7869
~~graduate coursework in the area of licensure or in an area related~~	7870
~~to the teaching field since the initial issuance of that license,~~	7871
~~as specified in rules which the state board shall adopt.~~	7872

(E) Division (D) of this section applies only to continuing	7873
contracts entered into on or after ~~the effective date of this~~	7874
~~amendment~~the effective date of the amendment of this section by	7875
S.B. 5 of the 129th general assembly. Nothing in that division	7876
shall be construed to void or otherwise affect a continuing	7877
contract entered into prior to that date.	7878

Notwithstanding any provision to the contrary in Chapter	7879
4117. of the Revised Code~~, the~~:	7880

(1) The requirements of division (D)(3) of this section, as	7881
it existed prior to the effective date of this amendment, prevail	7882
over any conflicting provisions of a collective bargaining	7883
agreement entered into ~~on or after the effective date of this~~	7884
~~amendment~~between October 16, 2009, and that effective date.	7885

(2) The requirements of division (D) of this section, as it	7886
exists on and after the effective date of this amendment, prevail	7887
over any conflicting provisions of a collective bargaining	7888
agreement entered into on or after that effective date.	7889

(F) Wherever the term "educator license" is used in this	7890
section without reference to a specific type of educator license,	7891
the term does not include an educator license for substitute	7892
teaching issued under section 3319.226 of the Revised Code.	7893

Sec. 3319.084. In all school districts each full-time	7894
nonteaching school employee including full-time hourly-rate and	7895
per diem employees~~, after service of one year with a board of~~	7896
~~education,~~ shall ~~be entitled, during each year thereafter, while~~	7897
~~continuing in the employ of such board of education, to~~receive	7898
vacation leave with full pay ~~for a minimum of two calendar weeks,~~	7899
~~excluding legal holidays. Employees continuing in the employ of~~	7900
~~such board of education for ten or more years of service shall be~~	7901
~~entitled to vacation leave with full pay for a minimum of three~~	7902
~~calendar weeks, excluding legal holidays. Employees continuing in~~	7903
~~the employ of such~~in accordance with the general leave policy the	7904
board of education ~~for twenty or more years of service shall be~~	7905
~~entitled to vacation leave with full pay for a minimum of four~~	7906
~~calendar weeks, excluding legal holidays~~adopts pursuant to	7907
section 3319.141 of the Revised Code.	7908

Upon separation from employment a nonteaching school employee	7909
shall be entitled to compensation at ~~his~~the nonteaching school	7910
employee's current rate of pay for all lawfully accrued and unused	7911
vacation leave to ~~his~~the nonteaching school employee's credit at	7912
the time of separation, not to exceed the vacation leave accrued	7913
to ~~his~~the nonteaching school employee's credit for the two years	7914
immediately preceding ~~his~~ separation and the prorated portion of	7915
~~his~~the nonteaching school employee's earned but unused vacation	7916
leave for the current year. In case of the death of a non-teaching	7917
school employee such accrued and unused vacation leave and	7918
prorated portion for the current year shall be paid in accordance	7919
with section 2113.04 of the Revised Code, or to ~~his~~the	7920
nonteaching school employee's estate.	7921

For the purposes of this section, a full-time employee is a	7922
person who is in service for not less than eleven months in each	7923
calendar year. A board of education may establish vacation leave	7924
for employees who are in service less than eleven months in each	7925
calendar year in accordance with the general leave policy the	7926
board adopts pursuant to section 3319.141 of the Revised Code.	7927

Sec. 3319.085. Any nonteaching school employee who,	7928
subsequent to September 1, 1962, has left, or leaves, the employ	7929
of a board of education for the purpose of entering on extended	7930
active duty in the armed services of the United States or the	7931
auxiliaries thereof, and within eight weeks enters such service	7932
and who has returned, or returns, from such service with an	7933
honorable discharge or certificate of service shall be re-employed	7934
by the board of education of the district in which hethe	7935
nonteaching school employee held such school position, under the	7936
same type of contract as that which hethe nonteaching school	7937
employee last held in such district, if such nonteaching school	7938
employee applies, within ninety days after such discharge, to such	7939
board of education for re-employment. Upon such application, such	7940
nonteaching school employee shall be re-employed at the first of	7941
the next school semester, if such application is made not less	7942
than thirty days prior to the first of such next school semester,	7943
in which case such nonteaching school employee shall be	7944
re-employed the first of the following school semester, unless the	7945
board of education waives the requirement for such thirty-day	7946
period.	7947

For the purposes of seniority ~~and placement on the salary~~	7948
~~schedule~~, years of absence on extended active duty in the armed	7949
services of the United States or the auxiliaries thereof shall not	7950
exceed four, and shall be counted as though school service had	7951
been performed during such time.	7952

The board of education of this district in which such	7953
nonteaching school employee was employed and is re-employed under	7954
this section may suspend the contract of the nonteaching school	7955
employee whose services become unnecessary by reason of the return	7956
of a nonteaching school employee from service in the armed	7957
services or auxiliaries thereof.	7958

Sec. 3319.088. As used in this section, "educational	7959
assistant" means any nonteaching employee in a school district who	7960
directly assists a teacher as defined in section 3319.09 of the	7961
Revised Code, by performing duties for which a license issued	7962
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not	7963
required.	7964

(A) The state board of education shall issue educational aide	7965
permits and educational paraprofessional licenses for educational	7966
assistants and shall adopt rules for the issuance and renewal of	7967
such permits and licenses which shall be consistent with the	7968
provisions of this section. Educational aide permits and	7969
educational paraprofessional licenses may be of several types and	7970
the rules shall prescribe the minimum qualifications of education,	7971
health, and character for the service to be authorized under each	7972
type. The prescribed minimum qualifications may require special	7973
training or educational courses designed to qualify a person to	7974
perform effectively the duties authorized under an educational	7975
aide permit or educational paraprofessional license.	7976

(B)(1) Any application for a permit or license, or a renewal	7977
or duplicate of a permit or license, under this section shall be	7978
accompanied by the payment of a fee in the amount established	7979
under division (A) of section 3319.51 of the Revised Code. Any	7980
fees received under this division shall be paid into the state	7981
treasury to the credit of the state board of education licensure	7982
fund established under division (B) of section 3319.51 of the	7983
Revised Code.	7984

(2) Any person applying for or holding a permit or license	7985
pursuant to this section is subject to sections 3123.41 to 3123.50	7986
of the Revised Code and any applicable rules adopted under section	7987
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of	7988
the Revised Code.	7989

(C) Educational assistants shall at all times while in the	7990
performance of their duties be under the supervision and direction	7991
of a teacher as defined in section 3319.09 of the Revised Code.	7992
Educational assistants may assist a teacher to whom assigned in	7993
the supervision of pupils, in assisting with instructional tasks,	7994
and in the performance of duties which, in the judgment of the	7995
teacher to whom the assistant is assigned, may be performed by a	7996
person not licensed pursuant to sections 3319.22 to 3319.30 of the	7997
Revised Code and for which a teaching license, issued pursuant to	7998
sections 3319.22 to 3319.30 of the Revised Code is not required.	7999
The duties of an educational assistant shall not include the	8000
assignment of grades to pupils. The duties of an educational	8001
assistant need not be performed in the physical presence of the	8002
teacher to whom assigned, but the activity of an educational	8003
assistant shall at all times be under the direction of the teacher	8004
to whom assigned. The assignment of an educational assistant need	8005
not be limited to assisting a single teacher. In the event an	8006
educational assistant is assigned to assist more than one teacher	8007
the assignments shall be clearly delineated and so arranged that	8008
the educational assistant shall never be subject to simultaneous	8009
supervision or direction by more than one teacher.	8010

Educational assistants assigned to supervise children shall,	8011
when the teacher to whom assigned is not physically present,	8012
maintain the degree of control and discipline that would be	8013
maintained by the teacher.	8014

Educational assistants may not be used in place of classroom	8015
teachers or other employees and any payment of compensation by	8016
boards of education to educational assistants for such services is	8017
prohibited. The ratio between the number of licensed teachers and	8018
the pupils in a school district may not be decreased by	8019
utilization of educational assistants and no grouping, or other	8020
organization of pupils, for utilization of educational assistants	8021
shall be established which is inconsistent with sound educational	8022
practices and procedures. A school district may employ up to one	8023
full time equivalent educational assistant for each six full time	8024
equivalent licensed employees of the district. Educational	8025
assistants shall not be counted as licensed employees for purposes	8026
of state support in the school foundation program and no grouping	8027
or regrouping of pupils with educational assistants may be counted	8028
as a class or unit for school foundation program purposes. Neither	8029
special courses required by the regulations of the state board of	8030
education, prescribing minimum qualifications of education for an	8031
educational assistant, nor years of service as an educational	8032
assistant shall be counted in any way toward qualifying for a	8033
teacher license,or for a teacher contract of any type~~, or for~~	8034
~~determining placement on a salary schedule in a school district as~~	8035
~~a teacher~~.	8036

(D) Educational assistants employed by a board of education	8037
shall have all rights, benefits, and legal protection available to	8038
other nonteaching employees in the school district, except that	8039
provisions of Chapter 124. of the Revised Code shall not apply to	8040
any person employed as an educational assistant, and shall be	8041
members of the school employees retirement system. Educational	8042
assistants shall be compensated according to a salary plan adopted	8043
annually by the board.	8044

Except as provided in this section nonteaching employees	8045
shall not serve as educational assistants without first obtaining	8046
an appropriate educational aide permit or educational	8047
paraprofessional license from the state board of education. A	8048
nonteaching employee who is the holder of a valid educational aide	8049
permit or educational paraprofessional license shall neither	8050
render nor be required to render services inconsistent with the	8051
type of services authorized by the permit or license held. No	8052
person shall receive compensation from a board of education for	8053
services rendered as an educational assistant in violation of this	8054
provision.	8055

Nonteaching employees whose functions are solely	8056
secretarial-clerical and who do not perform any other duties as	8057
educational assistants, even though they assist a teacher and work	8058
under the direction of a teacher shall not be required to hold a	8059
permit or license issued pursuant to this section. Students	8060
preparing to become licensed teachers or educational assistants	8061
shall not be required to hold an educational aide permit or	8062
paraprofessional license for such periods of time as such students	8063
are assigned, as part of their training program, to work with a	8064
teacher in a school district. Such students shall not be	8065
compensated for such services.	8066

Following the determination of the assignment and general job	8067
description of an educational assistant and subject to supervision	8068
by the teacher's immediate administrative officer, a teacher to	8069
whom an educational assistant is assigned shall make all final	8070
determinations of the duties to be assigned to such assistant.	8071
Teachers shall not be required to hold a license designated for	8072
being a supervisor or administrator in order to perform the	8073
necessary supervision of educational assistants.	8074

(E) No person who is, or who has been employed as an	8075
educational assistant shall divulge, except to the teacher to whom	8076
assigned, or the administrator of the school in the absence of the	8077
teacher to whom assigned, or when required to testify in a court	8078
or proceedings, any personal information concerning any pupil in	8079
the school district which was obtained or obtainable by the	8080
educational assistant while so employed. Violation of this	8081
provision is grounds for disciplinary action or dismissal, or	8082
both.	8083

Sec. 3319.09. As used in sections 3319.08 to 3319.18,	8084
inclusive, of the Revised Code:	8085

(A) "Teacher" means all persons licensed to teach and who are	8086
employed in the public schools of this state as instructors,	8087
principals, supervisors, superintendents, or in any other	8088
educational position for which the state board of education	8089
requires licensure under sections 3319.22 to 3319.31 of the	8090
Revised Code including persons having a license issued pursuant to	8091
sections 3319.22 to 3319.31 of the Revised Code and employed in an	8092
educational position, as determined by the state board of	8093
education, under programs provided for by federal acts or	8094
regulations and financed in whole or in part from federal funds,	8095
but for which no licensure requirements for the position can be	8096
made under the provisions of such federal acts or regulations.	8097

(B) "Year" as applied to term of service means actual service	8098
of not less than one hundred twenty days within a school year;	8099
provided that any board of education may grant a leave of absence	8100
for professional advancement with full credit for service in	8101
accordance with the general leave policy the board adopts pursuant	8102
to section 3319.141 of the Revised Code, if applicable.	8103

(C) "Continuing service status" for a teacher means	8104
employment under a continuing contract.	8105

Sec. 3319.10. Teachers may be employed as substitute	8106
teachers for terms not to exceed one year for assignment as	8107
services are needed to take the place of regular teachers absent	8108
on account of illness or on leaves of absence or to fill	8109
temporarily positions created by emergencies; such assignment to	8110
be subject to termination when such services no longer are needed.	8111

A teacher employed as a substitute with an assignment to one	8112
specific teaching position shall after sixty days of service be	8113
granted sick leave, visiting days, and other local privileges	8114
granted to regular teachers including a salary ~~not less than the~~	8115
~~minimum salary on the current adopted salary schedule~~based upon	8116
merit and in accordance with the general leave policy the board of	8117
education or governing board of an educational service center that	8118
employs the teacher adopts pursuant to section 3319.141 of the	8119
Revised Code.	8120

A teacher employed as a substitute for one hundred twenty	8121
days or more during a school year and re-employed for or assigned	8122
to a specific teaching position for the succeeding year shall	8123
receive a contract as a regular teacher if the substitute meets	8124
the local educational requirements for the employment of regular	8125
teachers.	8126

Teachers employed as substitutes on a casual or day-to-day	8127
basis shall not be entitled to the notice of nonre-employment	8128
prescribed in section 3319.11 of the Revised Code, but boards of	8129
education may grant such teachers sick leave and other local	8130
privileges in accordance with the general leave policy the board	8131
adopts pursuant to section 3319.141 of the Revised Code and	8132
cumulate such service in determining seniority.	8133

For purposes of determining in any school year the days of	8134
service of a substitute teacher under this section, any teacher's	8135
days of service in that school year while conditionally employed	8136
as a substitute teacher under section 3319.101 of the Revised Code	8137
shall count as days of service as a substitute teacher under this	8138
section.	8139

Sec. 3319.11. (A) As used in this section:

8140

(1) "Evaluation procedures" means the procedures adopted	8141
pursuant to division (B) of section 3319.111 of the Revised Code.	8142

(2) "Limited contract" means a limited contract, as described	8143
in section 3319.08 of the Revised Code, that a school district	8144
board of education or governing board of an educational service	8145
center enters into with a teacher who is not eligible for	8146
continuing service status.	8147

(3) "Extended limited contract" means a limited contract, as	8148
described in section 3319.08 of the Revised Code, that a board of	8149
education or governing board enters into with a teacher who is	8150
eligible for continuing service status.	8151

(B) Teachers eligible for continuing service status in any	8152
city, exempted village, local, or joint vocational school district	8153
or educational service center shall be those teachers qualified as	8154
described in division (D) of section 3319.08 of the Revised Code,	8155
who within the ~~last~~ five years prior to the effective date of this	8156
amendment have taught for at least three years in the district or	8157
center, and those teachers who, having attained continuing	8158
contract status elsewhere, have served two years in the district	8159
or center, but the board, upon the recommendation of the	8160
superintendent, may at the time of employment or at any time	8161
within such two-year period, declare any of the latter teachers	8162
eligible. Notwithstanding any provision to the contrary in Chapter	8163
4117. of the Revised Code, the requirements of this paragraph	8164
prevail over any conflicting provisions of a collective bargaining	8165
agreement entered into on or after the effective date of this	8166
amendment.	8167

(1) Upon the recommendation of the superintendent that a	8168
teacher eligible for continuing service status be reemployed, a	8169
continuing contract shall be entered into between the board and	8170
the teacher unless the board by a three-fourths vote of its full	8171
membership rejects the recommendation of the superintendent. If	8172
the board rejects by a three-fourths vote of its full membership	8173
the recommendation of the superintendent that a teacher eligible	8174
for continuing service status be reemployed and the superintendent	8175
makes no recommendation to the board pursuant to division (C) of	8176
this section, the board may declare its intention not to reemploy	8177
the teacher by giving the teacher written notice on or before the	8178
thirtieth day of April of its intention not to reemploy the	8179
teacher. If evaluation procedures have not been complied with	8180
pursuant to division (A) of section 3319.111 of the Revised Code	8181
or the board does not give the teacher written notice on or before	8182
the thirtieth day of April of its intention not to reemploy the	8183
teacher, the teacher is deemed reemployed under an extended	8184
limited contract for a term not to exceed one year at the same	8185
salary ~~plus any increment provided by the salary schedule~~. The	8186
teacher is presumed to have accepted employment under the extended	8187
limited contract for a term not to exceed one year unless such	8188
teacher notifies the board in writing to the contrary on or before	8189
the first day of June, and an extended limited contract for a term	8190
not to exceed one year shall be executed accordingly. Upon any	8191
subsequent reemployment of the teacher only a continuing contract	8192
may be entered into.	8193

(2) If the superintendent recommends that a teacher eligible	8194
for continuing service status not be reemployed, the board may	8195
declare its intention not to reemploy the teacher by giving the	8196
teacher written notice on or before the thirtieth day of April of	8197
its intention not to reemploy the teacher. If evaluation	8198
procedures have not been complied with pursuant to division (A) of	8199
section 3319.111 of the Revised Code or the board does not give	8200
the teacher written notice on or before the thirtieth day of April	8201
of its intention not to reemploy the teacher, the teacher is	8202
deemed reemployed under an extended limited contract for a term	8203
not to exceed one year at the same salary ~~plus any increment~~	8204
~~provided by the salary schedule~~. The teacher is presumed to have	8205
accepted employment under the extended limited contract for a term	8206
not to exceed one year unless such teacher notifies the board in	8207
writing to the contrary on or before the first day of June, and an	8208
extended limited contract for a term not to exceed one year shall	8209
be executed accordingly. Upon any subsequent reemployment of a	8210
teacher only a continuing contract may be entered into.	8211

(3) Any teacher receiving written notice of the intention of	8212
a board not to reemploy such teacher pursuant to this division is	8213
entitled to the hearing provisions of division (G) of this	8214
section.	8215

(C)(1) If a board rejects the recommendation of the	8216
superintendent for reemployment of a teacher pursuant to division	8217
(B)(1) of this section, the superintendent may recommend	8218
reemployment of the teacher, if continuing service status has not	8219
previously been attained elsewhere, under an extended limited	8220
contract for a term not to exceed two years, provided that written	8221
notice of the superintendent's intention to make such	8222
recommendation has been given to the teacher with reasons directed	8223
at the professional improvement of the teacher on or before the	8224
thirtieth day of April. Upon subsequent reemployment of the	8225
teacher only a continuing contract may be entered into.	8226

(2) If a board of education takes affirmative action on a	8227
superintendent's recommendation, made pursuant to division (C)(1)	8228
of this section, of an extended limited contract for a term not to	8229
exceed two years but the board does not give the teacher written	8230
notice of its affirmative action on the superintendent's	8231
recommendation of an extended limited contract on or before the	8232
thirtieth day of April, the teacher is deemed reemployed under a	8233
continuing contract at the same salary ~~plus any increment provided~~	8234
~~by the salary schedule~~. The teacher is presumed to have accepted	8235
employment under such continuing contract unless such teacher	8236
notifies the board in writing to the contrary on or before the	8237
first day of June, and a continuing contract shall be executed	8238
accordingly.	8239

(3) A board shall not reject a superintendent's	8240
recommendation, made pursuant to division (C)(1) of this section,	8241
of an extended limited contract for a term not to exceed two years	8242
except by a three-fourths vote of its full membership. If a board	8243
rejects by a three-fourths vote of its full membership the	8244
recommendation of the superintendent of an extended limited	8245
contract for a term not to exceed two years, the board may declare	8246
its intention not to reemploy the teacher by giving the teacher	8247
written notice on or before the thirtieth day of April of its	8248
intention not to reemploy the teacher. If evaluation procedures	8249
have not been complied with pursuant to division (A) of section	8250
3319.111 of the Revised Code or if the board does not give the	8251
teacher written notice on or before the thirtieth day of April of	8252
its intention not to reemploy the teacher, the teacher is deemed	8253
reemployed under an extended limited contract for a term not to	8254
exceed one year at the same salary ~~plus any increment provided by~~	8255
~~the salary schedule~~. The teacher is presumed to have accepted	8256
employment under the extended limited contract for a term not to	8257
exceed one year unless such teacher notifies the board in writing	8258
to the contrary on or before the first day of June, and an	8259
extended limited contract for a term not to exceed one year shall	8260
be executed accordingly. Upon any subsequent reemployment of the	8261
teacher only a continuing contract may be entered into.	8262

Any teacher receiving written notice of the intention of a	8263
board not to reemploy such teacher pursuant to this division is	8264
entitled to the hearing provisions of division (G) of this	8265
section.	8266

(D) A teacher eligible for continuing contract status	8267
employed under an extended limited contract pursuant to division	8268
(B) or (C) of this section, is, at the expiration of such extended	8269
limited contract, deemed reemployed under a continuing contract at	8270
the same salary ~~plus any increment granted by the salary schedule~~,	8271
unless evaluation procedures have been complied with pursuant to	8272
division (A) of section 3319.111 of the Revised Code and the	8273
employing board, acting on the superintendent's recommendation	8274
that the teacher not be reemployed, gives the teacher written	8275
notice on or before the thirtieth day of April of its intention	8276
not to reemploy such teacher. A teacher who does not have	8277
evaluation procedures applied in compliance with division (A) of	8278
section 3319.111 of the Revised Code or who does not receive	8279
notice on or before the thirtieth day of April of the intention of	8280
the board not to reemploy such teacher is presumed to have	8281
accepted employment under a continuing contract unless such	8282
teacher notifies the board in writing to the contrary on or before	8283
the first day of June, and a continuing contract shall be executed	8284
accordingly.	8285

Any teacher receiving a written notice of the intention of a	8286
board not to reemploy such teacher pursuant to this division is	8287
entitled to the hearing provisions of division (G) of this	8288
section.	8289

(E) AThe board shall enter into a limited contract ~~may be~~	8290
~~entered into by each board with each teacher who has not been in~~	8291
~~the employ of the board for at least three years and shall be~~	8292
~~entered into, regardless of length of previous employment,~~ with	8293
each teacher employed by the board who is not eligible to be	8294
considered for a continuing contract.	8295

Any teacher employed under a limited contract, and not	8296
eligible to be considered for a continuing contract, is, at the	8297
expiration of such limited contract, considered reemployed under	8298
the provisions of this division at the same salary ~~plus any~~	8299
~~increment provided by the salary schedule~~ unless evaluation	8300
procedures have been complied with pursuant to division (A) of	8301
section 3319.111 of the Revised Code and the employing board,	8302
acting upon the superintendent's written recommendation that the	8303
teacher not be reemployed, gives such teacher written notice of	8304
its intention not to reemploy such teacher on or before the	8305
thirtieth day of April. A teacher who does not have evaluation	8306
procedures applied in compliance with division (A) of section	8307
3319.111 of the Revised Code or who does not receive notice of the	8308
intention of the board not to reemploy such teacher on or before	8309
the thirtieth day of April is presumed to have accepted such	8310
employment unless such teacher notifies the board in writing to	8311
the contrary on or before the first day of June, and a written	8312
contract for the succeeding school year shall be executed	8313
accordingly.	8314

Any teacher receiving a written notice of the intention of a	8315
board not to reemploy such teacher pursuant to this division is	8316
entitled to the hearing provisions of division (G) of this	8317
section.	8318

(F) The failure of a superintendent to make a recommendation	8319
to the board under any of the conditions set forth in divisions	8320
(B) to (E) of this section, or the failure of the board to give	8321
such teacher a written notice pursuant to divisions (C) to (E) of	8322
this section shall not prejudice or prevent a teacher from being	8323
deemed reemployed under either a limited or continuing contract as	8324
the case may be under the provisions of this section. A failure of	8325
the parties to execute a written contract shall not void any	8326
automatic reemployment provisions of this section.	8327

(G)(1) Any teacher receiving written notice of the intention	8328
of a board of education not to reemploy such teacher pursuant to	8329
division (B), (C)(3), (D), or (E) of this section may, within ten	8330
days of the date of receipt of the notice, file with the treasurer	8331
of the board a written demand for a written statement describing	8332
the circumstances that led to the board's intention not to	8333
reemploy the teacher.	8334

(2) The treasurer of a board, on behalf of the board, shall,	8335
within ten days of the date of receipt of a written demand for a	8336
written statement pursuant to division (G)(1) of this section,	8337
provide to the teacher a written statement describing the	8338
circumstances that led to the board's intention not to reemploy	8339
the teacher.	8340

(3) Any teacher receiving a written statement describing the	8341
circumstances that led to the board's intention not to reemploy	8342
the teacher pursuant to division (G)(2) of this section may,	8343
within five days of the date of receipt of the statement, file	8344
with the treasurer of the board a written demand for a hearing	8345
before the board pursuant to divisions (G)(4) to (6) of this	8346
section.	8347

(4) The treasurer of a board, on behalf of the board, shall,	8348
within ten days of the date of receipt of a written demand for a	8349
hearing pursuant to division (G)(3) of this section, provide to	8350
the teacher a written notice setting forth the time, date, and	8351
place of the hearing. The board shall schedule and conclude the	8352
hearing within forty days of the date on which the treasurer of	8353
the board receives a written demand for a hearing pursuant to	8354
division (G)(3) of this section.	8355

(5) Any hearing conducted pursuant to this division shall be	8356
conducted by a majority of the members of the board. The hearing	8357
shall be held in executive session of the board unless the board	8358
and the teacher agree to hold the hearing in public. The	8359
superintendent, assistant superintendent, the teacher, and any	8360
person designated by either party to take a record of the hearing	8361
may be present at the hearing. The board may be represented by	8362
counsel and the teacher may be represented by counsel or a	8363
designee. A record of the hearing may be taken by either party at	8364
the expense of the party taking the record.	8365

(6) Within ten days of the conclusion of a hearing conducted	8366
pursuant to this division, the board shall issue to the teacher a	8367
written decision containing an order affirming the intention of	8368
the board not to reemploy the teacher reported in the notice given	8369
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	8370
this section or an order vacating the intention not to reemploy	8371
and expunging any record of the intention, notice of the	8372
intention, and the hearing conducted pursuant to this division.	8373

(7) A teacher may appeal an order affirming the intention of	8374
the board not to reemploy the teacher to the court of common pleas	8375
of the county in which the largest portion of the territory of the	8376
school district or service center is located, within thirty days	8377
of the date on which the teacher receives the written decision, on	8378
the grounds that the board has not complied with this section or	8379
section 3319.111 of the Revised Code.	8380

Notwithstanding section 2506.04 of the Revised Code, the	8381
court in an appeal under this division is limited to the	8382
determination of procedural errors and to ordering the correction	8383
of procedural errors and shall have no jurisdiction to order a	8384
board to reemploy a teacher, except that the court may order a	8385
board to reemploy a teacher in compliance with the requirements of	8386
division (B), (C)(3), (D), or (E) of this section when the court	8387
determines that evaluation procedures have not been complied with	8388
pursuant to division (A) of section 3319.111 of the Revised Code	8389
or the board has not given the teacher written notice on or before	8390
the thirtieth day of April of its intention not to reemploy the	8391
teacher pursuant to division (B), (C)(3), (D), or (E) of this	8392
section. Otherwise, the determination whether to reemploy or not	8393
reemploy a teacher is solely a board's determination and not a	8394
proper subject of judicial review and, except as provided in this	8395
division, no decision of a board whether to reemploy or not	8396
reemploy a teacher shall be invalidated by the court on any basis,	8397
including that the decision was not warranted by the results of	8398
any evaluation or was not warranted by any statement given	8399
pursuant to division (G)(2) of this section.	8400

No appeal of an order of a board may be made except as	8401
specified in this division.	8402

(H)(1) In giving a teacher any notice required by division	8403
(B), (C), (D), or (E) of this section, the board or the	8404
superintendent shall do either of the following:	8405

(a) Deliver the notice by personal service upon the teacher;

8406

(b) Deliver the notice by certified mail, return receipt	8407
requested, addressed to the teacher at the teacher's place of	8408
employment and deliver a copy of the notice by certified mail,	8409
return receipt requested, addressed to the teacher at the	8410
teacher's place of residence.	8411

(2) In giving a board any notice required by division (B),	8412
(C), (D), or (E) of this section, the teacher shall do either of	8413
the following:	8414

(a) Deliver the notice by personal delivery to the office of	8415
the superintendent during regular business hours;	8416

(b) Deliver the notice by certified mail, return receipt	8417
requested, addressed to the office of the superintendent and	8418
deliver a copy of the notice by certified mail, return receipt	8419
requested, addressed to the president of the board at the	8420
president's place of residence.	8421

(3) When any notice and copy of the notice are mailed	8422
pursuant to division (H)(1)(b) or (2)(b) of this section, the	8423
notice or copy of the notice with the earlier date of receipt	8424
shall constitute the notice for the purposes of division (B), (C),	8425
(D), or (E) of this section.	8426

(I) The provisions of this section shall not apply to any	8427
supplemental written contracts entered into pursuant to section	8428
3319.08 of the Revised Code.	8429

Sec. 3319.13. Upon the written request of a teacher or a	8430
regular nonteaching school employee, a board of education may	8431
grant a leave of absence ~~for a period of not more than two~~	8432
~~consecutive school years~~in accordance with the general leave	8433
policy the board adopts pursuant to section 3319.141 of the	8434
Revised Code for educational, professional, or other purposes, and	8435
shall grant such leave in accordance with the board's general	8436
leave policy where illness or other disability is the reason for	8437
the request. Upon subsequent request, such leave may be renewed by	8438
the board in accordance with the board's general leave policy.	8439
Without request, a board may grant similar leave of absence and	8440
renewals thereof in accordance with the board's general leave	8441
policy to any teacher or regular nonteaching school employee	8442
because of physical or mental disability, but such teacher may	8443
have a hearing on such unrequested leave of absence or its	8444
renewals in accordance with section 3319.16 of the Revised Code,	8445
and such nonteaching school employee may have a hearing on such	8446
unrequested leave of absence or its renewals in accordance with	8447
division (C) of section 3319.081 of the Revised Code. Upon the	8448
return to service of a teacher or a nonteaching school employee at	8449
the expiration of a leave of absence, the teacher or nonteaching	8450
school employee shall resume the contract status that the teacher	8451
or nonteaching school employee held prior to the leave of absence.	8452
Any teacher who leaves a teaching position for service in the	8453
uniformed services and who returns from service in the uniformed	8454
services that is terminated in a manner other than as described in	8455
section 4304 of Title 38 of the United States Code, "Uniformed	8456
Services Employment and Reemployment Rights Act of 1994," 108	8457
Stat. 3149, 38 U.S.C.A. 4304, shall resume the contract status	8458
held prior to entering the uniformed services, subject to passing	8459
a physical examination by an individual authorized by the Revised	8460
Code to conduct physical examinations, including a physician	8461
assistant, a clinical nurse specialist, a certified nurse	8462
practitioner, or a certified nurse-midwife. Any written	8463
documentation of the physical examination shall be completed by	8464
the individual who conducted the examination. Such contract status	8465
shall be resumed at the first of the school semester or the	8466
beginning of the school year following return from the uniformed	8467
services. For purposes of this section and section 3319.14 of the	8468
Revised Code, "uniformed services" and "service in the uniformed	8469
services" have the same meanings as defined in section 5923.05 of	8470
the Revised Code.	8471

Upon the return of a nonteaching school employee from a leave	8472
of absence, the board may terminate the employment of a person	8473
hired exclusively for the purpose of replacing the returning	8474
employee while the returning employee was on leave. If, after the	8475
return of a nonteaching employee from leave, the person employed	8476
exclusively for the purpose of replacing an employee while the	8477
employee was on leave is continued in employment as a regular	8478
nonteaching school employee or if the person is hired by the board	8479
as a regular nonteaching school employee within a year after	8480
employment as a replacement is terminated, the person shall, for	8481
purposes of section 3319.081 of the Revised Code, receive credit	8482
for the person's length of service with the school district during	8483
such replacement period in the following manner:	8484

(A) If employed as a replacement for less than twelve months,	8485
the person shall be employed under a contract valid for a period	8486
equal to twelve months less the number of months employed as a	8487
replacement. At the end of such contract period, if the person is	8488
reemployed it shall be under a two-year contract. Subsequent	8489
reemployment shall be pursuant to division (B) of section 3319.081	8490
of the Revised Code.	8491

(B) If employed as a replacement for twelve months or more	8492
but less than twenty-four months, the person shall be employed	8493
under a contract valid for a period equal to twenty-four months	8494
less the number of months employed as a replacement. Subsequent	8495
reemployment shall be pursuant to division (B) of section 3319.081	8496
of the Revised Code.	8497

(C) If employed as a replacement for more than twenty-four	8498
months, the person shall be employed pursuant to division (B) of	8499
section 3319.081 of the Revised Code.	8500

For purposes of this section, employment during any part of a	8501
month shall count as employment during the entire month.	8502

Sec. 3319.14. Any teacher who has left, or leaves, a	8503
teaching position, by resignation or otherwise, and within forty	8504
school days thereafter entered, or enters, the uniformed services	8505
and whose service is terminated in a manner other than as	8506
described in section 4304 of Title 38 of the United States Code,	8507
"Uniformed Services Employment and Reemployment Rights Act of	8508
1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by	8509
the board of education of the district in which the teacher held	8510
such teaching position, under the same type of contract as that	8511
which the teacher last held in such district, if the teacher	8512
applies to the board of education for reemployment in accordance	8513
with the "Uniformed Services Employment and Reemployment Rights	8514
Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such	8515
application, the teacher shall be reemployed at the first of the	8516
next school semester, if the application is made not less than	8517
thirty days prior to the first of the next school semester, in	8518
which case the teacher shall be reemployed the first of the	8519
following school semester, unless the board of education waives	8520
the requirement for the thirty-day period.	8521

For the ~~purposes~~purpose of seniority ~~and placement on the~~	8522
~~salary schedule~~, years of absence performing service in the	8523
uniformed services shall be counted as though teaching service had	8524
been performed during such time.	8525

The board of education of the district in which such teacher	8526
was employed and is reemployed under this section may suspend the	8527
contract of the teacher whose services become unnecessary by	8528
reason of the return of a teacher from service in the uniformed	8529
services in accordance with section 3319.17 or 3319.171 of the	8530
Revised Code.	8531

Sec. 3319.141. ~~Each person who is employed by any~~(A) The	8532
board of education ~~in this state~~of each city, exempted village,	8533
local, and joint vocational school district and the governing	8534
board of each educational service center shall ~~be entitled to~~	8535
~~fifteen days sick~~adopt a policy to provide leave with pay, for	8536
~~each year under contract, which shall be credited at the rate of~~	8537
~~one and one-fourth days per month~~the employees of the board who	8538
are not covered by a collective bargaining agreement. ~~Teachers and~~	8539
~~nonteaching school employees, upon approval of the responsible~~	8540
~~administrative officer of the school district, may use sick leave~~	8541
~~for absence due to personal illness, pregnancy, injury, exposure~~	8542
~~to contagious disease which could be communicated to others, and~~	8543
~~for absence due to illness, injury, or death in the employee's~~	8544
~~immediate family. Unused sick leave shall be cumulative up to one~~	8545
~~hundred twenty work days, unless more than one hundred twenty days~~	8546
~~are approved by the employing board of education.~~ The board shall	8547
include all of the following in the policy:	8548

(1) The types of leave an employee may use;

8549

(2) The reasons for which an employee may use the types of	8550
leave the board grants under the policy;	8551

(3) The amount of each type of leave an employee may receive;

8552

(4) The manner in which an employee accumulates each type of	8553
leave;	8554

(5) The maximum amount of each type of leave that an employee	8555
may accumulate;	8556

(6) The manner in which any previously accumulated ~~sick~~ leave	8557
of a person who has been separated from public service~~, whether~~	8558
~~accumulated pursuant to section 124.38 of the Revised Code or~~	8559
~~pursuant to this section, shall~~will be placed to ~~his~~the	8560
employee's credit upon ~~his~~ re-employment in the public service,	8561
~~provided that such re-employment takes place within ten years of~~	8562
~~the date of the last termination from public service. A~~;	8563

(7) The manner in which a teacher or nonteaching school	8564
employee who transfers from one public agency to another ~~shall~~	8565
will be credited with the unused balance of ~~his~~the teacher's or	8566
nonteaching employee's accumulated ~~sick~~ leave up to the maximum of	8567
the ~~sick~~ leave accumulation permitted in the public agency to	8568
which the employee transfers~~. Teachers~~;	8569

(8) Whether, and the manner in which, teachers and	8570
nonteaching school employees who render part-time, seasonal,	8571
intermittent, per diem, or hourly service ~~shall~~will be entitled	8572
to ~~sick~~ leave for the time actually worked ~~at the same rate as~~	8573
~~that granted like full-time employees. Each~~;	8574

(9) The manner in which the board provides leave under	8575
section 3319.08 of the Revised Code;	8576

(10) Any other issue relating to the use and availability of	8577
leave.	8578

(B) Each board of education may establish regulations for the	8579
entitlement, crediting and use of ~~sick~~ leave by those substitute	8580
teachers employed by such board pursuant to section 3319.10 of the	8581
Revised Code who are not otherwise entitled to sick leave pursuant	8582
to such section. A	8583

(C) An employee of the board may use leave in accordance with	8584
the leave policy the board adopts and upon approval of the	8585
responsible administrative officer.	8586

(D) A board ~~of education shall~~, in its policy, may require a	8587
teacher or nonteaching school employee to furnish a written,	8588
signed statement on forms prescribed by such board to justify the	8589
use of any sick leave granted under the policy. ~~If medical~~	8590
~~attention is required, the employee's statement shall list the~~	8591
~~name and address of the attending physician and the dates when he~~	8592
~~was consulted. Nothing in this section shall be construed to waive~~	8593
~~the physician-patient privilege provided by section 2317.02 of the~~	8594
~~Revised Code. Falsification~~If the board, in the policy, requires	8595
the employee to submit a statement from a physician, falsification	8596
of a statement is grounds for suspension or termination of	8597
employment under sections 3319.081 and 3319.16 of the Revised	8598
Code. No	8599

(E) The board, in the policy the board adopts, shall not	8600
grant or credit sick leave ~~shall be granted or credited~~ to a	8601
teacher after ~~his~~the teacher's retirement or termination of	8602
employment.	8603

~~Except to the extent used as sick leave, leave granted under~~	8604
~~regulations adopted by a board of education pursuant to section~~	8605
~~3319.08 of the Revised Code shall not be charged against sick~~	8606
~~leave earned or earnable under this section. Nothing in this~~	8607
~~section shall be construed to affect in any other way the granting~~	8608
~~of leave pursuant to section 3319.08 of the Revised Code and any~~	8609
~~granting of sick leave pursuant to such section shall be charged~~	8610
~~against sick leave accumulated pursuant to this section.~~	8611

(F) This section shall not be construed to interfere with any	8612
unused sick leave credit in any agency of government where	8613
attendance records are maintained and credit has been given for	8614
unused sick leave. Unused sick leave accumulated by teachers and	8615
nonteaching school employees under section 124.38 of the Revised	8616
Code, as that section existed immediately prior to the effective	8617
date of this amendment, shall continue to be credited toward the	8618
maximum accumulation permitted under a policy adopted in	8619
accordance with this section. ~~Each newly hired regular nonteaching~~	8620
~~and each regular nonteaching employee of any board of education~~	8621
~~who has exhausted his accumulated sick leave shall be entitled to~~	8622
~~an advancement of not less than five days of sick leave each year,~~	8623
~~as authorized by rules which each board shall adopt, to be charged~~	8624
~~against the sick leave he subsequently accumulates under this~~	8625
~~section.~~	8626

(G) This section shall be uniformly administered.

8627

The board shall post the policy adopted under this section in	8628
a conspicuous location on the web site maintained by the board.	8629
The board shall review the policy on an annual basis and shall	8630
post any changes to that policy in a conspicuous location on the	8631
web site maintained by the board.	8632

Nothing in this section shall be construed as preventing a	8633
board and an exclusive representative, as defined in section	8634
4117.01 of the Revised Code, from agreeing to apply the policy	8635
adopted by the board under this section to employees covered by a	8636
collective bargaining agreement between the board and the	8637
exclusive representative.	8638

Sec. 3319.17. (A) As used in this section, "interdistrict	8639
contract" means any contract or agreement entered into by an	8640
educational service center governing board and another board or	8641
other public entity pursuant to section 3313.17, 3313.841,	8642
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	8643
Revised Code, including any such contract or agreement for the	8644
provision of services funded under division (I) of section	8645
3317.024 of the Revised Code or provided in any unit approved	8646
under section 3317.05 of the Revised Code.	8647

(B) When, for any of the following reasons that apply to any	8648
city, exempted village, local, or joint vocational school district	8649
or any educational service center, the board decides that it will	8650
be necessary to reduce the number of teachers it employs, it may	8651
make a reasonable reduction:	8652

(1) In the case of any district or service center, return to	8653
duty of regular teachers after leaves of absence including leaves	8654
provided pursuant to division (B) of section 3314.10 of the	8655
Revised Code, suspension of schools, territorial changes affecting	8656
the district or center, or financial reasons;	8657

(2) In the case of any city, exempted village, local, or	8658
joint vocational school district, decreased enrollment of pupils	8659
in the district;	8660

(3) In the case of any governing board of a service center	8661
providing any particular service directly to pupils pursuant to	8662
one or more interdistrict contracts requiring such service,	8663
reduction in the total number of pupils the governing board is	8664
required to provide with the service under all interdistrict	8665
contracts as a result of the termination or nonrenewal of one or	8666
more of these interdistrict contracts;	8667

(4) In the case of any governing board providing any	8668
particular service that it does not provide directly to pupils	8669
pursuant to one or more interdistrict contracts requiring such	8670
service, reduction in the total level of the service the governing	8671
board is required to provide under all interdistrict contracts as	8672
a result of the termination or nonrenewal of one or more of these	8673
interdistrict contracts.	8674

(C) In making any such reduction, any city, exempted village,	8675
local, or joint vocational school board shall proceed to suspend	8676
contracts in accordance with the recommendation of the	8677
superintendent of schools who shall, within each teaching field	8678
affected, give preference ~~first~~ to teachers on continuing	8679
contracts ~~and then to teachers who have greater seniority~~. In	8680
making any such reduction, any governing board of a service center	8681
shall proceed to suspend contracts in accordance with the	8682
recommendation of the superintendent who shall, within each	8683
teaching field or service area affected, give preference ~~first~~ to	8684
teachers on continuing contracts ~~and then to teachers who have~~	8685
~~greater seniority~~. Subject first to the preference for teachers	8686
with continuing contracts prescribed in this paragraph, the board	8687
shall consider the relative quality of performance the principal	8688
factor in determining the order of reductions under this section.	8689
A board shall measure a teacher's quality of performance by	8690
considering the level of license issued under section 3319.22 of	8691
the Revised Code that the teacher holds, whether the teacher is a	8692
"highly qualified teacher" as defined in section 3319.074 of the	8693
Revised Code, the value-added measure the board uses to determine	8694
the performance of the students assigned to the teacher's	8695
classroom, the results of the teacher's performance evaluation	8696
conducted under section 3319.111 of the Revised Code or under any	8697
other system of evaluation used by the board, and any other	8698
criteria established by the board.	8699

On a case-by-case basis, in lieu of suspending a contract in	8700
whole, a board may suspend a contract in part, so that an	8701
individual is required to work a percentage of the time the	8702
employee otherwise is required to work under the contract and	8703
receives a commensurate percentage of the full compensation the	8704
employee otherwise would receive under the contract.	8705

The teachers whose continuing contracts are suspended by any	8706
board pursuant to this section shall have the right of restoration	8707
to continuing service status by that board in the order of	8708
seniority of service in the district or service center if and when	8709
teaching positions become vacant or are created for which any of	8710
such teachers are or become qualified. No teacher whose continuing	8711
contract has been suspended pursuant to this section shall lose	8712
that right of restoration to continuing service status by reason	8713
of having declined recall to a position that is less than	8714
full-time or, if the teacher was not employed full-time just prior	8715
to suspension of the teacher's continuing contract, to a position	8716
requiring a lesser percentage of full-time employment than the	8717
position the teacher last held while employed in the district or	8718
service center.	8719

(D) Notwithstanding any provision to the contrary in Chapter	8720
4117. of the Revised Code, the requirements of this section, as it	8721
existed prior to the effective date of this amendment, prevail	8722
over any conflicting provisions of agreements between employee	8723
organizations and public employers entered into ~~after~~between	8724
September 29, 2005, and that effective date.	8725

Sec. 3319.172. The board of education of each school district	8726
wherein the provisions of Chapter 124. of the Revised Code do not	8727
apply and the governing board of each educational service center	8728
may adopt a resolution ordering reasonable reductions in the	8729
number of nonteaching employees for any of the reasons for which	8730
the board of education or governing board may make reductions in	8731
teaching employees, as set forth in division (B) of section	8732
3319.17 of the Revised Code.	8733

In making any reduction under this section, the board of	8734
education or governing board shall proceed to suspend contracts in	8735
accordance with the recommendation of the superintendent of the	8736
district or service center who shall, within each pay	8737
classification affected, give preference ~~first~~ to employees under	8738
continuing contracts ~~and then to employees on the basis of~~	8739
~~seniority~~. OnSubject first to the preference for employees with	8740
continuing contracts prescribed in this paragraph, the board shall	8741
consider the relative quality of performance, as measured by the	8742
board, the principal factor in determining the order of reductions	8743
under this section.	8744

On a case-by-case basis, in lieu of suspending a contract in	8745
whole, a board may suspend a contract in part, so that an	8746
individual is required to work a percentage of the time the	8747
employee otherwise is required to work under the contract and	8748
receives a commensurate percentage of the full compensation the	8749
employee otherwise would receive under the contract.	8750

Any nonteaching employee whose continuing contract is	8751
suspended under this section shall have the right of restoration	8752
to continuing service status by the board of education or	8753
governing board that suspended that contract in order of seniority	8754
of service in the district or service center, if and when a	8755
nonteaching position for which the employee is qualified becomes	8756
vacant or is created. No nonteaching employee whose continuing	8757
contract has been suspended under this section shall lose that	8758
right of restoration to continuing service status by reason of	8759
having declined recall to a position requiring fewer regularly	8760
scheduled hours of work than required by the position the employee	8761
last held while employed in the district or service center.	8762

Notwithstanding any provision to the contrary in Chapter	8763
4117. of the Revised Code, the requirements of this section, as it	8764
existed prior to the effective date of this amendment, prevail	8765
over any conflicting provisions of agreements between employee	8766
organizations and public employers entered into ~~after the~~	8767
~~effective date of this section~~between September 29, 2005, and	8768
that effective date.	8769

Sec. 3319.18. If an entire school district or that part of a	8770
school district which comprises the territory in which a school is	8771
situated is transferred to any other district, or if a new school	8772
district is created, the teachers in such districts or schools	8773
employed on continuing contracts immediately prior to such	8774
transfer, or creation shall, subject to section 3319.17 or	8775
3319.171 of the Revised Code, have continuing service status in	8776
the newly created district, or in the district to which the	8777
territory is transferred.	8778

The limited contracts of the teachers employed in such	8779
districts or schools immediately prior to such transfer, or	8780
creation, shall become the legal obligations of the board of	8781
education in the newly created district, or in the district to	8782
which the territory is transferred, subject to section 3319.17 or	8783
3319.171 of the Revised Code. The teaching experience of such	8784
teachers in such prior districts or schools shall be included in	8785
the three years of service required under section 3319.11 of the	8786
Revised Code for a teacher to become eligible for continuing	8787
service status.	8788

~~Teachers~~A teacher employed on limited or continuing	8789
contracts in an entire school district or that part of a school	8790
district ~~which~~that comprises the territory in which a school is	8791
situated ~~which~~that is transferred to any other district or ~~which~~	8792
that is merged with other school territory to create a new school	8793
district, shall be ~~placed~~paid, on the effective date of such	8794
transfer or merger, ~~on the~~a salary ~~schedule of the district to~~	8795
~~which the territory is transferred or the newly created district,~~	8796
~~according to their training and experience. Such experience shall~~	8797
~~be the total sum of the years taught in the district whose~~	8798
~~territory was transferred or merged to create a new district, plus~~	8799
~~the total number of years of teaching experience recognized by~~	8800
~~such previous district upon its first employment of such teachers~~	8801
based upon merit.	8802

The ~~placement of the teachers on the~~ salary ~~schedule,~~paid to	8803
a teacher pursuant to this section, shall not result, however, in	8804
the salary of ~~any~~that teacher being less than the teacher's	8805
current annual salary for regular duties, in existence immediately	8806
prior to the merger or transfer.	8807

In making any reduction in the number of teachers under	8808
section 3319.17 of the Revised Code by reason of the transfer or	8809
consolidation of school territory, the years of teaching service	8810
of the teachers employed in the district or schools transferred to	8811
any other district or merged with any school territory to create a	8812
new district, shall be included as a part of the seniority on	8813
which the recommendation of the superintendent of schools shall be	8814
based, under section 3319.17 of the Revised Code. Such service	8815
shall have been continuous and shall include years of service in	8816
the previous district as well as the years of continuous service	8817
in any district which had been previously transferred to or	8818
consolidated to form such district. When suspending contracts in	8819
accordance with an administrative personnel suspension policy	8820
adopted under section 3319.171 of the Revised Code, a board may	8821
consider years of teaching service in its decision if it is a part	8822
of the suspension policy, but it shall not be the only factor used	8823
in making the decision.	8824

Sec. 3319.63. The board of education of a school district	8825
that employs any person who is appointed to serve as a member of	8826
the educator standards board under division (A)(1)(a) or (c) of	8827
section 3319.60, as a member of the subcommittee on standards for	8828
superintendents under division (B) or (C) of section 3319.611, or	8829
as a member of the subcommittee on standards for school treasurers	8830
and business managers under division (B) or (C) of section	8831
3319.612 of the Revised Code shall grant that person paid	8832
professional leave for the purpose of attending meetings and	8833
conducting official business of the educator standards board and	8834
the subcommittees in accordance with the general leave policy the	8835
board adopts pursuant to section 3319.141 of the Revised Code.	8836

Sec. 3332.03. There is hereby created the state board of	8837
career colleges and schools to consist of the state superintendent	8838
of public instruction or an assistant superintendent designated by	8839
the superintendent, the chancellor of the Ohio board of regents or	8840
a vice chancellor designated by the chancellor, and six members	8841
appointed by the governor, with the advice and consent of the	8842
senate. Members' terms of office shall be for five years,	8843
commencing on the twenty-first day of November and ending on the	8844
twentieth day of November. Each member shall hold office from the	8845
date of appointment until the end of the term for which the member	8846
was appointed.	8847

Three of the members appointed by the governor shall have	8848
been engaged for a period of not less than five years immediately	8849
preceding appointment in an executive or managerial position in a	8850
private, trade, technical, or other school subject to this	8851
chapter. One member appointed by the governor shall be a	8852
representative of students and shall have graduated with an	8853
associate or baccalaureate degree, within five years prior to	8854
appointment, from a school subject to this chapter. Two members	8855
appointed by the governor shall be representatives of the general	8856
public and shall have had no affiliation with, or direct or	8857
indirect interest in, schools subject to this chapter for at least	8858
two years prior to appointment. In selecting the representatives	8859
of the general public, the governor shall make an effort to find	8860
individuals with background or experience in the regulation of	8861
commerce, business, or education. The two members of the board who	8862
are representatives of the general public shall not be affiliated	8863
in any way with or have any direct or indirect interest in any	8864
schools subject to this chapter during their terms. Except for	8865
enrollment in a school subject to this chapter, the member	8866
representing students shall have had no affiliation in any way	8867
with, or have any direct or indirect interest in any school	8868
subject to this chapter for at least two years prior to	8869
appointment or during the member's term.	8870

Any vacancy shall be filled in the manner provided for	8871
original appointment. Any member appointed to fill a vacancy	8872
occurring prior to the expiration of the term for which the	8873
member's predecessor was appointed shall hold office for the	8874
remainder of such term. Any appointed member shall continue in	8875
office subsequent to the expiration date of the member's term	8876
until the member's successor takes office, or until a period of	8877
sixty days has elapsed, whichever occurs first.	8878

Members of the board have full voting rights, except for the	8879
member representing students who shall be a nonvoting member. Each	8880
member of the board appointed by the governor shall be compensated	8881
at the rate established pursuant to division ~~(J)~~(A) of section	8882
124.15 of the Revised Code~~, but shall not receive step~~	8883
~~advancements, for those days the member is engaged in the~~	8884
~~discharge of official duties~~. In addition, members appointed by	8885
the governor may be compensated for the expenses necessarily	8886
incurred in the attendance at meetings or in performing other	8887
services for the board. The chairperson of the board shall	8888
annually be elected or determined as follows:	8889

(A) If both members of the board representing the general	8890
public have served on the board for at least one year, the members	8891
shall elect one of these two members as chairperson. If one of	8892
these members declines to be elected or serve, the other member	8893
representing the general public shall be chairperson. If both	8894
members representing the general public decline to be elected or	8895
serve, division (C) of this section shall apply.	8896

(B) If only one member of the board representing the general	8897
public has served on the board for at least one year, this member	8898
shall be chairperson. If this member declines to serve, division	8899
(C) of this section shall apply.	8900

(C) If neither member of the board representing the general	8901
public has served on the board for at least one year or if this	8902
division applies pursuant to division (A) or (B) of this section,	8903
the members of the board shall elect a chairperson from among any	8904
of the voting members of the board who have served on the board	8905
for at least one year.	8906

Sec. 3334.08. (A) Subject to division (B) of this section,	8907
in addition to any other powers conferred by this chapter, the	8908
Ohio tuition trust authority may do any of the following:	8909

(1) Impose reasonable residency requirements for	8910
beneficiaries of tuition units;	8911

(2) Impose reasonable limits on the number of tuition unit	8912
participants;	8913

(3) Impose and collect administrative fees and charges in	8914
connection with any transaction under this chapter;	8915

(4) Purchase insurance from insurers licensed to do business	8916
in this state providing for coverage against any loss in	8917
connection with the authority's property, assets, or activities or	8918
to further ensure the value of tuition units;	8919

(5) Indemnify or purchase policies of insurance on behalf of	8920
members, officers, and employees of the authority from insurers	8921
licensed to do business in this state providing for coverage for	8922
any liability incurred in connection with any civil action,	8923
demand, or claim against a director, officer, or employee by	8924
reason of an act or omission by the director, officer, or employee	8925
that was not manifestly outside the scope of the employment or	8926
official duties of the director, officer, or employee or with	8927
malicious purpose, in bad faith, or in a wanton or reckless	8928
manner;	8929

(6) Make, execute, and deliver contracts, conveyances, and	8930
other instruments necessary to the exercise and discharge of the	8931
powers and duties of the authority;	8932

(7) Promote, advertise, and publicize the Ohio college	8933
savings program and the variable college savings program;	8934

(8) Adopt rules under section 111.15 of the Revised Code for	8935
the implementation of the Ohio college savings program;	8936

(9) Contract, for the provision of all or part of the	8937
services necessary for the management and operation of the Ohio	8938
college savings program and the variable college savings program,	8939
with a bank, trust company, savings and loan association,	8940
insurance company, or licensed dealer in securities if the bank,	8941
company, association, or dealer is authorized to do business in	8942
this state and information about the contract is filed with the	8943
controlling board pursuant to division (D)(6) of section 127.16 of	8944
the Revised Code;	8945

(10) Contract for other services, or for goods, needed by the	8946
authority in the conduct of its business, including but not	8947
limited to credit card services;	8948

(11) Employ an executive director and other personnel as	8949
necessary to carry out its responsibilities under this chapter,	8950
and fix the compensation of these persons. All employees of the	8951
authority shall be in the unclassified civil service and shall be	8952
eligible for membership in the public employees retirement system.	8953
In the hiring of the executive director, the Ohio tuition trust	8954
authority shall obtain the advice and consent of the Ohio tuition	8955
trust board created in section 3334.03 of the Revised Code,	8956
provided that the executive director shall not be hired unless a	8957
majority of the board votes in favor of the hiring. In addition,	8958
the board may remove the executive director at any time subject to	8959
the advice and consent of the chancellor of the Ohio board of	8960
regents.	8961

(12) Contract with financial consultants, actuaries,	8962
auditors, and other consultants as necessary to carry out its	8963
responsibilities under this chapter;	8964

(13) Enter into agreements with any agency of the state or	8965
its political subdivisions or with private employers under which	8966
an employee may agree to have a designated amount deducted in each	8967
payroll period from the wages or salary due the employee for the	8968
purpose of purchasing tuition units pursuant to a tuition payment	8969
contract or making contributions pursuant to a variable college	8970
savings program contract;	8971

(14) Enter into an agreement with the treasurer of state	8972
under which the treasurer of state will receive, and credit to the	8973
Ohio tuition trust fund or variable college savings program fund,	8974
from any bank or savings and loan association authorized to do	8975
business in this state, amounts that a depositor of the bank or	8976
association authorizes the bank or association to withdraw	8977
periodically from the depositor's account for the purpose of	8978
purchasing tuition units pursuant to a tuition payment contract or	8979
making contributions pursuant to a variable college savings	8980
program contract;	8981

(15) Solicit and accept gifts, grants, and loans from any	8982
person or governmental agency and participate in any governmental	8983
program;	8984

(16) Impose limits on the number of units which may be	8985
purchased on behalf of or assigned or awarded to any beneficiary	8986
and on the total amount of contributions that may be made on	8987
behalf of a beneficiary;	8988

(17) Impose restrictions on the substitution of another	8989
individual for the original beneficiary under the Ohio college	8990
savings program;	8991

(18) Impose a limit on the age of a beneficiary, above which	8992
tuition units may not be purchased on behalf of that beneficiary;	8993

(19) Enter into a cooperative agreement with the treasurer of	8994
state to provide for the direct disbursement of payments under	8995
tuition payment or variable college savings program contracts;	8996

(20) Determine the other higher education expenses for which	8997
tuition units or contributions may be used;	8998

(21) Terminate any tuition payment or variable college	8999
savings program contract if no purchases or contributions are made	9000
for a period of three years or more and there are fewer than a	9001
total of five tuition units or less than a dollar amount set by	9002
rule on account, provided that notice of a possible termination	9003
shall be provided in advance, explaining any options to prevent	9004
termination, and a reasonable amount of time shall be provided	9005
within which to act to prevent a termination;	9006

(22) Maintain a separate account for each tuition payment or	9007
variable college savings program contract;	9008

(23) Perform all acts necessary and proper to carry out the	9009
duties and responsibilities of the authority pursuant to this	9010
chapter.	9011

(B) The authority shall adopt rules under section 111.15 of	9012
the Revised Code for the implementation and administration of the	9013
variable college savings program. The rules shall provide	9014
taxpayers with the maximum tax advantages and flexibility	9015
consistent with section 529 of the Internal Revenue Code and	9016
regulations adopted thereunder with regard to disposition of	9017
contributions and earnings, designation of beneficiaries, and	9018
rollover of account assets to other programs.	9019

(C) Except as otherwise specified in this chapter, the	9020
provisions of Chapters 123.,and 125.~~, and 4117.~~ of the Revised	9021
Code shall not apply to the authority. The department of	9022
administrative services shall, upon the request of the authority,	9023
act as the authority's agent for the purchase of equipment,	9024
supplies, insurance, or services, or the performance of	9025
administrative services pursuant to Chapter 125. of the Revised	9026
Code.	9027

Sec. 3345.31. The boards of trustees of a state university,	9028
the board of trustees of the northeastern Ohio universities	9029
college of medicine, the board of trustees of a technical college	9030
or community college district, and the board of control of the	9031
Ohio agricultural research and development center may establish	9032
compensation plans, including schedules of hourly rates, for the	9033
compensation of all employees and may establish rules or policies	9034
for the administration of their respective compensation plans.	9035

~~The provisions of this section do not apply to employees for~~	9036
~~whom the state employment relations board establishes appropriate~~	9037
~~bargaining units pursuant to section 4117.06 of the Revised Code.~~	9038

Sec. 3345.45. On or before January 1, 1994, the Ohio board	9039
of regents jointly with all state universities, as defined in	9040
section 3345.011 of the Revised Code, shall develop standards for	9041
instructional workloads for full-time and part-time faculty in	9042
keeping with the universities' missions and with special emphasis	9043
on the undergraduate learning experience. The standards shall	9044
contain clear guidelines for institutions to determine a range of	9045
acceptable undergraduate teaching by faculty.	9046

On or before June 30, 1994, the board of trustees of each	9047
state university shall take formal action to adopt a faculty	9048
workload policy consistent with the standards developed under this	9049
section. ~~Notwithstanding section 4117.08 of the Revised Code, the~~	9050
~~policies adopted under this section are not appropriate subjects~~	9051
~~for collective bargaining. Notwithstanding division (A) of section~~	9052
~~4117.10 of the Revised Code, any policy adopted under this section~~	9053
~~by a board of trustees prevails over any conflicting provisions of~~	9054
~~any collective bargaining agreement between an employees~~	9055
~~organization and that board of trustees.~~	9056

Sec. 3353.03. (A) The eTech Ohio commission shall appoint an	9057
executive director, who shall serve at the pleasure of the	9058
commission. The executive director shall have no authority other	9059
than that provided by law or delegated to the executive director	9060
by the commission. The executive director shall do all of the	9061
following:	9062

(1) Direct commission employees in the administration of all	9063
programs of the commission;	9064

(2) Provide leadership and support in extending the knowledge	9065
of the citizens of this state by promoting equal access to and use	9066
of all forms of educational technology, as directed by the	9067
commission;	9068

(3) Provide financial and other assistance to school	9069
districts, educational television and radio stations, radio	9070
reading services, educational technology organizations, and other	9071
educational institutions for the acquisition and utilization of	9072
educational technology;	9073

(4) Implement policies and directives issued by the	9074
commission;	9075

(5) Perform other duties authorized by the commission.

9076

(B) The commission shall fix the compensation of the	9077
executive director. The executive director shall employ and fix	9078
the compensation for such employees as necessary to facilitate the	9079
activities and purposes of the commission. The employees shall	9080
serve at the pleasure of the executive director.	9081

(C) The employees of the commission shall be placed in the	9082
unclassified service.	9083

~~(D)(1) Except as provided in division (D)(2) of this section,~~	9084
~~the employees of the commission shall be exempt from Chapter 4117.~~	9085
~~of the Revised Code and shall not be public employees as defined~~	9086
~~in section 4117.01 of the Revised Code.~~	9087

~~(2) All employees of the commission who transferred to the~~	9088
~~commission from one of the commission's predecessor agencies upon~~	9089
~~the commission's creation and, when employed by the predecessor~~	9090
~~agency were included in a bargaining unit established under~~	9091
~~Chapter 4117. of the Revised Code, shall continue to be included~~	9092
~~in that bargaining unit, are public employees as defined in~~	9093
~~section 4117.01 of the Revised Code, and may collectively bargain~~	9094
~~with the commission in accordance with that chapter. Otherwise,~~	9095
~~any employee hired by the commission after July 1, 2005, either to~~	9096
~~fill vacancies or to fill new positions, shall be exempt from~~	9097
~~Chapter 4117. of the Revised Code and shall not be public~~	9098
~~employees as defined in section 4117.10 of the Revised Code.~~	9099

Sec. 3517.152. (A)(1) There is hereby created the Ohio	9100
elections commission consisting of seven members.	9101

Not later than forty-five days after August 24, 1995, the	9102
speaker of the house of representatives and the leader in the	9103
senate of the political party of which the speaker is a member	9104
shall jointly submit to the governor a list of five persons who	9105
are affiliated with that political party. Not later than	9106
forty-five days after August 24, 1995, the two legislative leaders	9107
in the two houses of the general assembly of the major political	9108
party of which the speaker is not a member shall jointly submit to	9109
the governor a list of five persons who are affiliated with the	9110
major political party of which the speaker is not a member. Not	9111
later than fifteen days after receiving each list, the governor	9112
shall appoint three persons from each list to the commission. The	9113
governor shall appoint one person from each list to a term that	9114
ends on December 31, 1996, one person from each list to a term	9115
that ends on December 31, 1997, and one person from each list to a	9116
term that ends on December 31, 1998.	9117

Not later than thirty days after the governor appoints these	9118
six members, they shall, by a majority vote, appoint to the	9119
commission a seventh member, who shall not be affiliated with a	9120
political party. If the six members fail to appoint the seventh	9121
member within this thirty-day period, the chief justice of the	9122
supreme court, not later than thirty days after the end of the	9123
period during which the six members were required to appoint a	9124
member, shall appoint the seventh member, who shall not be	9125
affiliated with a political party. The seventh member shall be	9126
appointed to a term that ends on December 31, 2001. Terms of the	9127
initial members appointed under this division begin on January 1,	9128
1996.	9129

(2) If a vacancy occurs in the position of the seventh	9130
member, who is not affiliated with a political party, the six	9131
remaining members by a majority vote shall appoint, not later than	9132
forty-five days after the date of the vacancy, the seventh member	9133
of the commission, who shall not be affiliated with a political	9134
party. If these members fail to appoint the seventh member within	9135
this forty-five-day period, the chief justice of the supreme	9136
court, within fifteen days after the end of this period, shall	9137
appoint the seventh member, who shall not be affiliated with a	9138
political party. If a vacancy occurs in any of the other six	9139
positions on the commission, the legislative leaders of the	9140
political party from whose list of persons the member being	9141
replaced was appointed shall submit to the governor, not later	9142
than thirty days after the date of the vacancy, a list of three	9143
persons who are affiliated with that political party. Not later	9144
than fifteen days after receiving the list, the governor, with the	9145
advice and consent of the senate, shall appoint one person from	9146
the list to the commission.	9147

(3) At no time shall more than six members of the commission	9148
be affiliated with a political party, and, of these six members,	9149
not more than three shall be affiliated with the same political	9150
party.	9151

(4) In making appointments to the commission, the governor	9152
shall take into consideration the various geographic areas of this	9153
state and shall appoint members so that those areas are	9154
represented on the commission in a balanced manner, to the extent	9155
feasible.	9156

(5) Members of the commission shall be registered electors	9157
and shall be of good moral character.	9158

(B) Each member of the Ohio elections commission shall hold	9159
office from the date of the member's appointment until the end of	9160
the term for which the member was appointed. A member appointed to	9161
fill a vacancy occurring prior to the expiration of the term for	9162
which the member's predecessor was appointed shall hold office for	9163
the remainder of that term. A member shall continue in office	9164
subsequent to the expiration date of the member's term until the	9165
member's successor takes office or until a period of sixty days	9166
has elapsed, whichever occurs first. After the initial terms of	9167
office provided for in division (A)(1) of this section, terms of	9168
office shall be for five years.	9169

(C) A vacancy in the Ohio elections commission may be caused	9170
by death, resignation, or three absences from commission meetings	9171
in a calendar year if those absences are caused by reasons	9172
declared invalid by a vote of five members of the remaining	9173
members of the commission.	9174

(D) Each member of the Ohio elections commission while in the	9175
performance of the business of the commission shall be entitled to	9176
receive compensation at the rate of twenty-five thousand dollars	9177
per year. Members shall be reimbursed for expenses actually and	9178
necessarily incurred in the performance of their duties.	9179

(E) No member of the Ohio elections commission shall serve	9180
more than one full term unless the terms served are served	9181
nonconsecutively.	9182

(F)(1) No member of the Ohio elections commission shall do or	9183
be any of the following:	9184

(a) Hold, or be a candidate for, a public office;

9185

(b) Serve on a committee supporting or opposing a candidate	9186
or ballot question or issue;	9187

(c) Be an officer of the state central committee, a county	9188
central committee, or a district, city, township, or other	9189
committee of a political party or an officer of the executive	9190
committee of the state central committee, a county central	9191
committee, or a district, city, township, or other committee of a	9192
political party;	9193

(d) Be a legislative agent as defined in section 101.70 of	9194
the Revised Code or an executive agency lobbyist as defined in	9195
section 121.60 of the Revised Code;	9196

(e) Solicit or be involved in soliciting contributions on	9197
behalf of a candidate, campaign committee, political party,	9198
political action committee, or political contributing entity;	9199

(f) Be in the unclassified service under section 124.11 of	9200
the Revised Code;	9201

(g) Be a person or employee who is excluded from the	9202
definition of public employee pursuant to division (C) of section	9203
4117.01 of the Revised Code;	9204

(h) Be an employee of the state, any agency, authority,	9205
commission, or board of the state, or any state institution of	9206
higher education.	9207

(2) No member or employee of the commission shall make a	9208
contribution to, or for the benefit of, a campaign committee or	9209
committee in support of or opposition to a ballot question or	9210
issue, a political party, a legislative campaign fund, a political	9211
action committee, or a political contributing entity.	9212

(G)(1) The members of the Ohio elections commission shall	9213
elect a chairperson and a vice-chairperson. At no time shall the	9214
chairperson and vice-chairperson be affiliated with the same	9215
political party. The chairperson shall serve in that capacity for	9216
one year and shall not serve as chairperson more than twice during	9217
a term as a member of the commission. No two successive	9218
chairpersons shall be affiliated with the same political party.	9219

(2) The commission shall meet at the call of the chairperson	9220
or upon the written request of a majority of the members. The	9221
meetings and hearings of the commission or a panel of the	9222
commission under sections 3517.153 to 3517.157 of the Revised Code	9223
are subject to section 121.22 of the Revised Code.	9224

(3) The commission shall adopt rules for its procedures in	9225
accordance with Chapter 119. of the Revised Code. Five of the	9226
seven members constitute a quorum. Except as otherwise provided in	9227
this section and in sections 3517.154 to 3517.157 of the Revised	9228
Code, no action shall be taken without the concurrence of a	9229
majority of the members.	9230

(H)(1) The Ohio elections commission shall employ the	9231
technical, professional, and clerical employees that are necessary	9232
for it to carry out its duties.	9233

(2)(a) Notwithstanding section 109.02 of the Revised Code,	9234
the commission shall employ a full-time attorney, and, as needed,	9235
one or more investigatory attorneys to conduct investigations for	9236
the commission or a panel of the commission. The commission may	9237
employ or contract for the services of additional attorneys, as	9238
needed. The full-time attorney shall do all of the following:	9239

(i) Serve as the commission's attorney in regard to all legal	9240
matters, including representing the commission at appeals from a	9241
final determination of the commission, except that the full-time	9242
attorney shall not perform the duties that an investigatory	9243
attorney is required or requested to perform or that another	9244
attorney the commission employs or contracts with for services is	9245
required or requested to perform, and shall not represent the	9246
commission in any legal proceeding in which the commission is a	9247
named party;	9248

(ii) At the request of the commission or a panel of the	9249
commission, be present at a hearing held under sections 3517.154	9250
to 3517.156 of the Revised Code to rule on the admissibility of	9251
evidence and to advise on the conduct of procedure;	9252

(iii) Perform other duties as required by rule of the	9253
commission.	9254

(b) An attorney employed by or under contract with the	9255
commission shall be licensed to practice law in this state.	9256

(3)(a) Except as otherwise provided in division (H)(3)(b) of	9257
this section, at least five members of the commission shall agree	9258
on the employment of a person, a majority of the members shall	9259
agree on the discharge of an employee, and a person employed by	9260
the commission shall serve at the pleasure of the commission.	9261

(b) At least five of the seven members shall agree on the	9262
discharge of an investigatory attorney.	9263

(I) There is hereby created in the state treasury the Ohio	9264
elections commission fund. All moneys credited to the fund shall	9265
be used solely for the purpose of paying expenses related to the	9266
operation of the Ohio elections commission.	9267

Sec. 3701.33. The public health council shall consist of the	9268
following seven members to be appointed by the governor:	9269

(A) Three physicians who are licensed to practice medicine in	9270
the state;	9271

(B) A pharmacist who is licensed to practice pharmacy in the	9272
state;	9273

(C) A registered nurse who is licensed to practice nursing as	9274
a registered nurse in the state;	9275

(D) A sanitarian who holds a valid certificate of	9276
registration as a sanitarian issued under section 4736.11 of the	9277
Revised Code;	9278

(E) A member of the public who is not associated with or	9279
financially interested in the practice of medicine, nursing,	9280
pharmacy, or environmental health and is at least sixty years of	9281
age.	9282

Terms of office shall be for seven years, commencing on the	9283
first day of July and ending on the thirtieth day of June. Each	9284
member shall hold office from the date of appointment until the	9285
end of the term for which the member was appointed. Any member	9286
appointed to fill a vacancy occurring prior to the expiration of	9287
the term for which the member's predecessor was appointed shall	9288
hold office for the remainder of such term. Any member shall	9289
continue in office subsequent to the expiration date of the	9290
member's term until the member's successor takes office, or until	9291
a period of sixty days has elapsed, whichever occurs first.	9292

The council shall meet four times each year and may meet at	9293
such other times as the business of the council requires. The time	9294
and place for holding regular meetings shall be fixed in the	9295
bylaws of the council. Special meetings may be called upon the	9296
request of any four members of the council or upon request of the	9297
director of health, and may be held at any place considered	9298
advisable by the council or director. Four members of the council	9299
constitute a quorum for the transaction of business. The council,	9300
on or before the first day of July of each year, shall designate	9301
the member who shall act as its chairperson for the ensuing year.	9302
The director, upon request of the council, shall detail an officer	9303
or employee of the department of health to act as secretary of the	9304
council, and shall detail such other employees as the council	9305
requires.	9306

The members of the council shall be paid the rate established	9307
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	9308
while in conference and shall be reimbursed their necessary and	9309
reasonable traveling and other expenses incurred in the	9310
performance of their regular duties.	9311

Sec. 3733.49. (A) There is hereby established under the	9312
authority of the director of job and family services the office of	9313
the migrant agricultural ombudsperson. The director shall appoint	9314
the ombudsperson. No person shall serve as ombudsperson who has a	9315
fiduciary or pecuniary interest in an agricultural labor camp. The	9316
ombudsperson shall have recognized ability and experience in	9317
migrant labor issues and shall speak both English and Spanish	9318
fluently. The ombudsperson shall be a member of the classified	9319
civil service and shall be subject to an annual job evaluation by	9320
the director. The ombudsperson's salary shall be ~~established in a~~	9321
~~pay range~~ fixed by the director.	9322

(B) The migrant agricultural ombudsperson shall:

9323

(1) Collect and compile available data, statistics, and	9324
information concerning migrant agricultural laborers and	9325
agricultural labor camps published by any agency of this state,	9326
any agency of the federal government, and private organizations,	9327
including, but not limited to, churches and Hispanic	9328
organizations. These data, statistics, and information are public	9329
records as defined in section 149.43 of the Revised Code.	9330

(2) Coordinate the collection, analysis, and dissemination of	9331
information about the supply and quality of housing for migrant	9332
agricultural laborers in both licensed and unlicensed camps;	9333

(3) Become familiar with state and federal laws and rules	9334
concerning migrant agricultural laborers and agricultural labor	9335
camps and especially with state and federal programs for which	9336
migrant agricultural laborers might qualify;	9337

(4) Establish a toll-free telephone number that:

9338

(a) Camp owners and farmers who employ migrant agricultural	9339
laborers may use to seek clarification of laws and rules	9340
applicable to camps and for registering complaints; and	9341

(b) Migrant agricultural laborers may use for the purpose of	9342
obtaining information described in divisions (B)(1) and (2) of	9343
this section and for registering complaints.	9344

(5) Refer problems, complaints, or questions brought to the	9345
ombudsperson's attention to the appropriate state or federal	9346
agency or the attorney general;	9347

(6) Serve as an advocate for migrant agricultural laborers in	9348
social service matters;	9349

(7) Submit an annual report to the president of the senate,	9350
the speaker of the house of representatives, and the members of	9351
the minority leadership of the senate and house of representatives	9352
on or before the thirtieth day of June of each year describing	9353
migrant agricultural labor conditions found by the ombudsperson's	9354
office, along with an assessment of the effect of existing law on	9355
migrant agricultural labor and labor camps and any recommendations	9356
for change. The report shall contain a compilation of the kinds of	9357
complaints received and recommendations for any changes in the	9358
laws or rules that the ombudsperson considers necessary or	9359
desirable.	9360

(8) Develop and recommend to the general assembly definitions	9361
of "migrant agricultural laborer" and "migrant farmworker child"	9362
to be used consistently by all state agencies, including, but not	9363
limited to, boards, departments, divisions, commissions, bureaus,	9364
societies, councils, and institutions; and	9365

(9) Conduct a peak-period census of migrant agricultural	9366
laborers in this state, by county, so that the ombudsperson can	9367
properly assess the need for housing for those laborers. The	9368
department of health shall assist the ombudsperson by providing	9369
information on the peak occupancy of agricultural labor camps and	9370
other additional information obtained through inspections of	9371
agricultural labor camps.	9372

Sec. 3737.81. (A) There is hereby created the state fire	9373
commission consisting of ten members to be appointed by the	9374
governor with the advice and consent of the senate. The state fire	9375
marshal or chief deputy fire marshal, a representative designated	9376
by the department of public safety who has tenure in fire	9377
suppression, and a representative designated by the board of	9378
building standards shall be ex officio members. Of the initial	9379
appointments made to the commission, two shall be for a term	9380
ending one year after November 1, 1978, two shall be for a term	9381
ending two years after that date, two shall be for a term ending	9382
three years after that date, two shall be for a term ending four	9383
years after that date, and two shall be for a term ending five	9384
years after that date. Thereafter, terms of office shall be for	9385
five years, each term ending on the same day of the same month of	9386
the year as did the term which it succeeds. Each member shall hold	9387
office from the date of appointment until the end of the term for	9388
which the member was appointed. Any member appointed to fill a	9389
vacancy occurring prior to the expiration of the term for which	9390
the member's predecessor was appointed shall hold office for the	9391
remainder of that term. Any member shall continue in office	9392
subsequent to the expiration date of the member's term until a	9393
successor takes office, or until a period of sixty days has	9394
elapsed, whichever occurs first. Members shall be qualified by	9395
experience and training to deal with the matters that are the	9396
responsibility of the commission. Two members shall be members of	9397
paid fire services, one shall be a member of volunteer fire	9398
services, two shall be mayors, managers, or members of legislative	9399
authorities of municipal corporations, one shall represent	9400
commerce and industry, one shall be a representative of a fire	9401
insurance company domiciled in this state, one shall represent the	9402
flammable liquids industry, one shall represent the construction	9403
industry, and one shall represent the public. At no time shall	9404
more than six members be members of or associated with the same	9405
political party. Membership on the commission shall not constitute	9406
holding a public office, and no person shall forfeit or otherwise	9407
vacate the person's office or position of employment because of	9408
membership on the commission.	9409

(B) The ex officio members may not vote, except that the	9410
state fire marshal or chief deputy fire marshal may vote in case	9411
of a tie.	9412

(C) Each member of the commission, other than ex officio	9413
members, shall be paid an amount fixed pursuant to division ~~(J)~~(A)	9414
of section 124.15 of the Revised Code, and the member's actual and	9415
necessary expenses.	9416

(D) The commission shall select a chairperson and a	9417
vice-chairperson from among its members. No business may be	9418
transacted in the absence of a quorum. A quorum shall be at least	9419
six members, excluding ex officio members, and shall include	9420
either the chairperson or vice-chairperson. The commission shall	9421
hold regular meetings at least once every two months and may meet	9422
at any other time at the call of the chairperson.	9423

(E) The state fire marshal shall provide the commission with	9424
office space, meeting rooms, staff, and clerical assistance	9425
necessary for the commission to perform its duties. If the	9426
commission maintains the Ohio fire service hall of fame under	9427
division (C) of section 3737.03 of the Revised Code, the state	9428
fire marshal shall preserve, in an appropriate manner, in the	9429
office space or meeting rooms provided to the commission under	9430
this division or in another location, copies of all official	9431
commendations awarded to individuals recognized and commemorated	9432
for their exemplary accomplishments and acts of heroism at	9433
fire-related incidents or similar events that occurred in this	9434
state.	9435

(F) If the commission maintains the Ohio fire service hall of	9436
fame under division (C) of section 3737.03 of the Revised Code,	9437
the expenses incurred for the recognition and commemoration of	9438
individuals for their exemplary accomplishments and acts of	9439
heroism at fire-related incidents or similar events that occurred	9440
in this state, including, but not limited to, expenses for	9441
official commendations and an annual awards ceremony as described	9442
in division (B) of section 3737.03 of the Revised Code, may be	9443
paid from moneys appropriated by the general assembly for purposes	9444
of that recognition and commemoration, from moneys that are	9445
available to the state fire marshal under this chapter, or from	9446
other funding sources available to the commission.	9447

Sec. 3737.90. (A) There is hereby created the petroleum	9448
underground storage tank release compensation board consisting of	9449
the treasurer of state and the directors of commerce and	9450
environmental protection as members ex officio, or their	9451
designees, and nine members to be appointed by the governor with	9452
the advice and consent of the senate. No more than five of the	9453
appointed members shall be affiliated with the same political	9454
party. Of the appointed members, one shall represent the interests	9455
of petroleum refiners, one shall represent the interests of	9456
petroleum marketers, one shall represent the interests of retail	9457
petroleum dealers, one shall represent the interests of local	9458
governments, one shall have experience in casualty and fire or	9459
pollution liability insurance, two shall represent the interests	9460
of businesses that own petroleum underground storage tanks and are	9461
not primarily engaged in the sale of petroleum, and two shall be	9462
professional engineers registered under Chapter 4733. of the	9463
Revised Code with experience in geology or environmental	9464
engineering who shall represent the interests of the public and	9465
shall not be associated with the petroleum industry.	9466

Of the initial appointments to the board, three shall be for	9467
a term ending July 11, 1990, three shall be for a term ending July	9468
11, 1991, and three shall be for a term ending July 11, 1992.	9469
Thereafter, terms of office shall be for three years, with each	9470
term ending on the same day of the same month as did the term that	9471
it succeeds. Each member shall hold office from the date of ~~his~~	9472
the member's appointment until the end of the term for which he	9473
the member was appointed. Members may be reappointed. Vacancies	9474
shall be filled in the manner provided for original appointments.	9475
Any member appointed to fill a vacancy occurring prior to the	9476
expiration date of the term for which ~~his~~the member's predecessor	9477
was appointed shall hold office as a member for the remainder of	9478
that term. A member shall continue in office subsequent to the	9479
expiration date of ~~his~~the member's term until ~~his~~the member's	9480
successor takes office or until a period of sixty days has	9481
elapsed, whichever occurs first. Appointed members of the board	9482
shall be compensated on a per diem basis in accordance with	9483
division ~~(J)~~(A) of section 124.15 of the Revised Code for each day	9484
of actual attendance at meetings of the board. Members shall	9485
receive their actual and necessary expenses incurred in the	9486
performance of their duties as members of the board.	9487

The petroleum underground storage tank release compensation	9488
board is a body both corporate and politic in this state, and the	9489
carrying out of its purposes and the exercise by it of the powers	9490
conferred by sections 3737.90 to 3737.98 of the Revised Code shall	9491
be held to be, and are hereby determined to be, essential	9492
governmental functions and public purposes of the state.	9493

Each appointed member of the board shall give a surety bond	9494
to the state in the penal sum of not less than twenty-five	9495
thousand dollars as determined by the board. The ~~chairman~~	9496
chairperson of the board shall give a bond in the penal sum of not	9497
less than fifty thousand dollars as determined by the board. Each	9498
surety bond shall be conditioned upon the faithful performance of	9499
the duties of the office, be executed by a surety company	9500
authorized to transact business in this state, be approved by the	9501
governor, and be filed in the office of the secretary of state.	9502
The surety bonds shall be given at such time as is established by	9503
the board, provided that they shall be given prior to the issuance	9504
of any revenue bonds by the board under sections 3737.90 to	9505
3737.948 of the Revised Code.	9506

The board shall meet at least quarterly and shall hold such	9507
additional meetings as are necessary to implement and administer	9508
sections 3737.90 to 3737.98 of the Revised Code. Additional	9509
meetings may be called in accordance with rules adopted under this	9510
section. The board shall annually select from among its members a	9511
~~chairman~~chairperson and a ~~vice-chairman~~vice-chairperson.	9512

A majority of the members of the board constitutes a quorum	9513
for the transaction of any business of the board.	9514

(B) The board may:

9515

(1) In accordance with Chapter 119. of the Revised Code,	9516
adopt, amend, and rescind rules establishing procedures for	9517
calling special meetings of the board;	9518

(2) In accordance with Chapter 119. of the Revised Code,	9519
adopt, amend, and rescind such other rules as are necessary or	9520
appropriate to implement and administer sections 3737.90 to	9521
3737.98 of the Revised Code, including, without limitation, rules	9522
for the administration of the petroleum underground storage tank	9523
linked deposit program established under sections 3737.95 to	9524
3737.98 of the Revised Code; rules establishing priorities for the	9525
payment of claims under section 3737.92 of the Revised Code on the	9526
petroleum underground storage tank financial assurance fund	9527
created in section 3737.91 of the Revised Code based upon a	9528
consideration of the date that a claim is originally filed and the	9529
threat posed to human health and the environment by the release to	9530
which the claim applies; and rules providing for the payment of	9531
any such claims in installments, when appropriate. The rules	9532
adopted under division (B)(2) of this section shall be consistent	9533
with section 9003 of the "Resource Conservation and Recovery Act	9534
of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as amended, and	9535
regulations adopted under it.	9536

(3) Employ and fix the compensation of the director of the	9537
petroleum underground storage tank financial assurance fund and	9538
such other personnel as are necessary to implement and administer	9539
sections 3737.90 to 3737.98 of the Revised Code and rules adopted	9540
under them. The board may designate positions in the unclassified	9541
civil service for which it may employ persons who shall be	9542
eligible for membership in the public employees retirement system	9543
under Chapter 145. of the Revised Code ~~and who shall not be~~	9544
~~subject to Chapter 4117. of the Revised Code~~.	9545

(4) Enter into contracts or agreements for the purposes of	9546
sections 3737.90 to 3737.98 of the Revised Code, including,	9547
without limitation, a contract for administration of the petroleum	9548
underground storage tank financial assurance fund by an agent;	9549

(5) Sue or be sued in its own name in actions arising out of	9550
any act or omission in connection with its business or affairs	9551
under sections 3737.90 to 3737.98 of the Revised Code;	9552

(6) Issue revenue bonds payable solely from revenues as	9553
provided in sections 3737.94 to 3737.948 of the Revised Code for	9554
the purpose of funding the petroleum underground storage tank	9555
financial assurance fund to preserve jobs and employment	9556
opportunities in the state and to control water pollution and	9557
ensure the viability of ground water in the state by	9558
reimbursements to responsible persons for improving property	9559
damaged by releases of petroleum;	9560

(7) Establish by rule the maximum percentage of the petroleum	9561
underground storage tank financial assurance fund that may be used	9562
to make petroleum underground storage tank linked deposits under	9563
sections 3737.95 to 3737.98 of the Revised Code.	9564

(C) Section 9.86 of the Revised Code applies to the petroleum	9565
underground storage tank release compensation board and to any	9566
officer or employee of the board, as "officer" and "employee" are	9567
defined in section 109.36 of the Revised Code.	9568

(D) The board, in the conduct of its functions and duties, is	9569
not subject to the regulation of the superintendent of insurance	9570
under Title XXXIX of the Revised Code nor any rules of the	9571
department of insurance adopted thereunder.	9572

Sec. 3770.02. (A) Subject to the advice and consent of the	9573
senate, the governor shall appoint a director of the state lottery	9574
commission who shall serve at the pleasure of the governor. The	9575
director shall devote full time to the duties of the office and	9576
shall hold no other office or employment. The director shall meet	9577
all requirements for appointment as a member of the commission and	9578
shall, by experience and training, possess management skills that	9579
equip the director to administer an enterprise of the nature of a	9580
state lottery. The director shall receive an annual salary	9581
determined by the director of administrative services in	9582
accordance with ~~pay range 48 of~~ section 124.152 of the Revised	9583
Code.	9584

(B)(1) The director shall attend all meetings of the	9585
commission and shall act as its secretary. The director shall keep	9586
a record of all commission proceedings and shall keep the	9587
commission's records, files, and documents at the commission's	9588
principal office. All records of the commission's meetings shall	9589
be available for inspection by any member of the public, upon a	9590
showing of good cause and prior notification to the director.	9591

(2) The director shall be the commission's executive officer	9592
and shall be responsible for keeping all commission records and	9593
supervising and administering the state lottery in accordance with	9594
this chapter, and carrying out all commission rules adopted under	9595
section 3770.03 of the Revised Code.	9596

(C)(1) The director shall appoint an assistant director,	9597
deputy directors of marketing, operations, sales, finance, public	9598
relations, security, and administration, and as many regional	9599
managers as are required. The director may also appoint necessary	9600
professional, technical, and clerical assistants. All such	9601
officers and employees shall be appointed and compensated pursuant	9602
to Chapter 124. of the Revised Code. Regional and assistant	9603
regional managers, sales representatives, and any lottery	9604
executive account representatives shall remain in the unclassified	9605
service.	9606

(2) The director, in consultation with the director of	9607
administrative services, may establish standards of proficiency	9608
and productivity for commission field representatives.	9609

(D) The director shall request the bureau of criminal	9610
identification and investigation, the department of public safety,	9611
or any other state, local, or federal agency to supply the	9612
director with the criminal records of any job applicant and may	9613
periodically request the criminal records of commission employees.	9614
At or prior to the time of making such a request, the director	9615
shall require a job applicant or commission employee to obtain	9616
fingerprint cards prescribed by the superintendent of the bureau	9617
of criminal identification and investigation at a qualified law	9618
enforcement agency, and the director shall cause these fingerprint	9619
cards to be forwarded to the bureau of criminal identification and	9620
investigation and the federal bureau of investigation. The	9621
commission shall assume the cost of obtaining the fingerprint	9622
cards and shall pay to each agency supplying criminal records for	9623
each investigation under this division a reasonable fee, as	9624
determined by the agency.	9625

(E) The director shall license lottery sales agents pursuant	9626
to section 3770.05 of the Revised Code and, when it is considered	9627
necessary, may revoke or suspend the license of any lottery sales	9628
agent.	9629

(F) The director shall confer at least once each month with	9630
the commission, at which time the director shall advise it	9631
regarding the operation and administration of the lottery. The	9632
director shall make available at the request of the commission all	9633
documents, files, and other records pertaining to the operation	9634
and administration of the lottery. The director shall prepare and	9635
make available to the commission each month a complete and	9636
accurate accounting of lottery revenues, prize money disbursements	9637
and the cost of goods and services awarded as prizes, operating	9638
expenses, and all other relevant financial information, including	9639
an accounting of all transfers made from any lottery funds in the	9640
custody of the treasurer of state to benefit education.	9641

(G) The director may enter into contracts for the operation	9642
or promotion of the lottery pursuant to Chapter 125. of the	9643
Revised Code.	9644

(H)(1) Pursuant to rules adopted by the commission under	9645
section 3770.03 of the Revised Code, the director shall require	9646
any lottery sales agents to either mail directly to the commission	9647
or deposit to the credit of the state lottery fund, in banking	9648
institutions designated by the treasurer of state, net proceeds	9649
due the commission as determined by the director, and to file with	9650
the director or the director's designee reports of their receipts	9651
and transactions in the sale of lottery tickets in the form	9652
required by the director.	9653

(2) Pursuant to rules adopted by the commission under Chapter	9654
119. of the Revised Code, the director may impose penalties for	9655
the failure of a sales agent to transfer funds to the commission	9656
in a timely manner. Penalties may include monetary penalties,	9657
immediate suspension or revocation of a license, or any other	9658
penalty the commission adopts by rule.	9659

(I) The director may arrange for any person, or any banking	9660
institution, to perform functions and services in connection with	9661
the operation of the lottery as the director may consider	9662
necessary to carry out this chapter.	9663

(J)(1) As used in this chapter, "statewide joint lottery	9664
game" means a lottery game that the commission sells solely within	9665
this state under an agreement with other lottery jurisdictions to	9666
sell the same lottery game solely within their statewide or other	9667
jurisdictional boundaries.	9668

(2) If the governor directs the director to do so, the	9669
director shall enter into an agreement with other lottery	9670
jurisdictions to conduct statewide joint lottery games. If the	9671
governor signs the agreement personally or by means of an	9672
authenticating officer pursuant to section 107.15 of the Revised	9673
Code, the director then may conduct statewide joint lottery games	9674
under the agreement.	9675

(3) The entire net proceeds from any statewide joint lottery	9676
games shall be used to fund elementary, secondary, vocational, and	9677
special education programs in this state.	9678

(4) The commission shall conduct any statewide joint lottery	9679
games in accordance with rules it adopts under division (B)(5) of	9680
section 3770.03 of the Revised Code.	9681

(K)(1) The director shall enter into an agreement with the	9682
department of alcohol and drug addiction services under which the	9683
department shall provide a program of gambling addiction services	9684
on behalf of the commission. The commission shall pay the costs of	9685
the program provided pursuant to the agreement.	9686

(2) As used in this section, "gambling addiction services"	9687
has the same meaning as in section 3793.01 of the Revised Code.	9688

Sec. 3772.06. (A)(1) The commission shall appoint an	9689
executive director who shall serve at the pleasure of the	9690
commission. The executive director is in the unclassified service,	9691
shall devote full time to the duties of the office, and shall hold	9692
no other office or employment. The executive director shall, by	9693
experience and training, possess management skills that equip the	9694
executive director to administer an enterprise of the nature of	9695
the commission. The executive director shall not have a pecuniary	9696
interest in any business organization that holds a license under	9697
this chapter, or that does business with any person licensed under	9698
this chapter. A member of the general assembly, a person who holds	9699
an elective office, or an office holder of a political party is	9700
ineligible to be appointed executive director at the same time as	9701
being such a member or holding such an office. The executive	9702
director shall receive an annual salary determined by the	9703
commission in accordance with ~~pay range 48 of~~ section 124.152 of	9704
the Revised Code.	9705

(2) The executive director, before entering upon the	9706
discharge of the executive director's official duties, shall give,	9707
and thereafter shall maintain, bond in the amount of twenty-five	9708
thousand dollars, payable to the state, conditioned upon the	9709
executive director's faithful and proper performance of the	9710
executive director's official duties. The bond shall be issued by	9711
a surety authorized to do business in this state and shall be	9712
filed with the secretary of state. The bond may be an individual	9713
bond or a schedule or blanket bond.	9714

(B)(1) The executive director or a deputy designated in	9715
writing by the executive director shall attend all meetings of the	9716
commission and shall act as its secretary. The executive director	9717
shall keep a record of all commission proceedings and shall keep	9718
the commission's records, files, and documents at the commission's	9719
principal office.	9720

(2) The executive director shall be the chief executive	9721
officer and shall be responsible for keeping all commission	9722
records and supervising and administering casino gaming in	9723
accordance with this chapter, and enforcing all commission rules	9724
adopted under this chapter.	9725

(3) The executive director shall hire staff, including an	9726
assistant director or deputy directors, as necessary to assist the	9727
executive director in the executive director's duties under this	9728
chapter. In appointing employees, the executive director is	9729
subject to section 3772.061 of the Revised Code. The executive	9730
director may employ employees as necessary, unless the commission	9731
determines otherwise. Except as otherwise provided in this	9732
chapter, all costs of administration incurred by the executive	9733
director and the executive director's employees shall be paid out	9734
of the casino control commission fund.	9735

(C) A state agency or other unit of state government shall	9736
cooperate with the commission, and shall provide the commission	9737
with information and services the commission considers necessary	9738
to carry out the commission's duties and functions under this	9739
chapter.	9740

(D) The executive director shall confer at least once each	9741
month with the commission, at which time the executive director	9742
shall advise it regarding the operation and administration of the	9743
commission and casino gaming. The executive director shall make	9744
available at the request of the commission all documents, files,	9745
and other records pertaining to the operation and administration	9746
of the commission and casino gaming. The executive director shall	9747
prepare and make available to the commission each month a complete	9748
and accurate accounting of gross casino gaming revenues, and all	9749
other relevant financial information, including an accounting of	9750
all transfers made from the casino control commission fund.	9751

Sec. 3773.33. (A) There is hereby created the Ohio athletic	9752
commission. The commission shall consist of five voting members	9753
appointed by the governor with the advice and consent of the	9754
senate, not more than three of whom shall be of the same political	9755
party, and two nonvoting members, one of whom shall be a member of	9756
the senate appointed by and to serve at the pleasure of the	9757
president of the senate and one of whom shall be a member of the	9758
house of representatives appointed by and to serve at the pleasure	9759
of the speaker of the house of representatives. To be eligible for	9760
appointment as a voting member, a person shall be a qualified	9761
elector and a resident of the state for not less than five years	9762
immediately preceding the person's appointment. Two voting members	9763
shall be knowledgeable in boxing, at least one voting member shall	9764
be knowledgeable and experienced in high school athletics, one	9765
voting member shall be knowledgeable and experienced in	9766
professional athletics, and at least one voting member shall be	9767
knowledgeable and experienced in collegiate athletics. One	9768
commission member shall hold the degree of doctor of medicine or	9769
doctor of osteopathy.	9770

(B) No person shall be appointed to the commission or be an	9771
employee of the commission who is licensed, registered, or	9772
regulated by the commission. No member shall have any legal or	9773
beneficial interest, direct or indirect, pecuniary or otherwise,	9774
in any person who is licensed, registered, or regulated by the	9775
commission or who participates in prize fights or public boxing or	9776
wrestling matches or exhibitions. No member shall participate in	9777
any fight, match, or exhibition other than in the member's	9778
official capacity as a member of the commission, or as an	9779
inspector as authorized in section 3773.52 of the Revised Code.	9780

(C) The governor shall appoint the voting members to the	9781
commission. Of the initial appointments, two shall be for terms	9782
ending one year after September 3, 1996, two shall be for terms	9783
ending two years after September 3, 1996, and one shall be for a	9784
term ending three years after September 3, 1996. Thereafter, terms	9785
of office shall be for three years, each term ending the same day	9786
of the same month of the year as did the term which it succeeds.	9787
Each member shall hold office from the date of the member's	9788
appointment until the end of the term for which the member was	9789
appointed. Any member appointed to fill a vacancy occurring prior	9790
to the expiration of the term for which the member's predecessor	9791
was appointed shall hold office for the remainder of the term. Any	9792
member shall continue in office subsequent to the expiration date	9793
of the member's term until the member's successor takes office, or	9794
until a period of sixty days has elapsed, whichever occurs first.	9795

The governor shall name one voting member as chairperson of	9796
the commission at the time of making the appointment of any member	9797
for a full term. Three voting members shall constitute a quorum,	9798
and the affirmative vote of three voting members shall be	9799
necessary for any action taken by the commission. No vacancy on	9800
the commission impairs the authority of the remaining members to	9801
exercise all powers of the commission.	9802

Voting members, when engaged in commission duties, shall	9803
receive a per diem compensation determined in accordance with	9804
division ~~(J)~~(A) of section 124.15 of the Revised Code, and all	9805
members shall receive their actual and necessary expenses incurred	9806
in the performance of their official duties.	9807

Each voting member, before entering upon the discharge of the	9808
member's duties, shall file a surety bond payable to the treasurer	9809
of state in the sum of ten thousand dollars. Each surety bond	9810
shall be conditioned upon the faithful performance of the duties	9811
of the office, executed by a surety company authorized to transact	9812
business in this state, and filed in the office of the secretary	9813
of state.	9814

The governor may remove any voting member for malfeasance,	9815
misfeasance, or nonfeasance in office after giving the member a	9816
copy of the charges against the member and affording the member an	9817
opportunity for a public hearing, at which the member may be	9818
represented by counsel, upon not less than ten days' notice. If	9819
the member is removed, the governor shall file a complete	9820
statement of all charges made against the member and the	9821
governor's finding on the charges in the office of the secretary	9822
of state, together with a complete report of the proceedings. The	9823
governor's decision shall be final.	9824

Sec. 3781.07. There is hereby established in the department	9825
of commerce a board of building standards consisting of fifteen	9826
members appointed by the governor with the advice and consent of	9827
the senate. The board shall appoint a secretary who shall serve in	9828
the unclassified civil service for a term of six years at a salary	9829
fixed pursuant to Chapter 124. of the Revised Code. The board may	9830
employ additional staff in the classified civil service. The	9831
secretary may be removed by the board under the rules the board	9832
adopts. Terms of office shall be for four years, commencing on the	9833
fourteenth day of October and ending on the thirteenth day of	9834
October. Each member shall hold office from the date of	9835
appointment until the end of the term for which the member was	9836
appointed. Any member appointed to fill a vacancy occurring prior	9837
to the expiration of the term for which the member's predecessor	9838
was appointed shall hold office for the remainder of such term.	9839
Any member shall continue in office subsequent to the expiration	9840
date of the member's term until the member's successor takes	9841
office, or until a period of sixty days has elapsed, whichever	9842
occurs first. One of the members appointed to the board shall be	9843
an attorney at law, admitted to the bar of this state; two shall	9844
be registered architects; two shall be professional engineers, one	9845
in the field of mechanical and one in the field of structural	9846
engineering, each of whom shall be duly licensed to practice such	9847
profession in this state; one shall be a person of recognized	9848
ability, broad training, and fifteen years experience in problems	9849
and practice incidental to the construction and equipment of	9850
buildings specified in section 3781.06 of the Revised Code; one	9851
shall be a person with recognized ability and experience in the	9852
manufacture and construction of industrialized units as defined in	9853
section 3781.06 of the Revised Code; one shall be a member of the	9854
fire service with recognized ability and broad training in the	9855
field of fire protection and suppression; one shall be a person	9856
with at least ten years of experience and recognized expertise in	9857
building codes and standards and the manufacture of construction	9858
materials; one shall be a general contractor with experience in	9859
residential and commercial construction; two, chosen from a list	9860
of ten names the Ohio home builders association submits to the	9861
governor, shall be general contractors who have recognized ability	9862
in the construction of residential buildings; one shall be a	9863
person with recognized ability and experience in the use of	9864
advanced and renewable energy in the construction of commercial	9865
and residential buildings; one shall be a person with recognized	9866
ability and experience in the use of energy conservation in the	9867
construction of commercial and residential buildings; and one,	9868
chosen from a list of three names the Ohio municipal league	9869
submits to the governor, shall be the mayor of a municipal	9870
corporation in which the Ohio residential and nonresidential	9871
building codes are being enforced in the municipal corporation by	9872
a certified building department. Each member of the board, not	9873
otherwise required to take an oath of office, shall take the oath	9874
prescribed by the constitution. Each member shall receive as	9875
compensation an amount fixed pursuant to division ~~(J)~~(A) of	9876
section 124.15 of the Revised Code, and shall receive actual and	9877
necessary expenses in the performance of official duties. The	9878
amount of such expenses shall be certified by the secretary of the	9879
board and paid in the same manner as the expenses of employees of	9880
the department of commerce are paid.	9881

Sec. 3901.07. (A) As used in this section, "insurer" means	9882
any person doing or authorized to do any insurance business in	9883
this state.	9884

(B)(1) Before issuing any license to do the business of	9885
insurance in this state, the superintendent of insurance, or a	9886
person appointed by ~~him~~the superintendent, may examine the	9887
financial affairs of any insurer.	9888

(2) The superintendent, or any person appointed by ~~him~~the	9889
superintendent, may examine, as often as hethe superintendent or	9890
appointee considers it desirable, the affairs of any insurer and	9891
of any person as to any matter relevant to the financial affairs	9892
of the insurer or to the examination.	9893

(3) The superintendent, or any person appointed by ~~him~~the	9894
superintendent, shall examine each domestic insurer at least once	9895
every three years as to its condition, fulfillment of its	9896
contractual obligations, and compliance with applicable laws,	9897
provided that hethe superintendent or appointee may defer making	9898
the examination for a longer period not to exceed five years.	9899

(C) In scheduling and determining the nature, scope, and	9900
frequency of any examination authorized or required by division	9901
(B) of this section, the superintendent shall consider such	9902
matters as the results of financial statement analyses and ratios,	9903
changes in management or ownership, actuarial opinions, reports of	9904
independent certified public accountants, and any other criteria	9905
hethe superintendent considers appropriate.	9906

(D) The superintendent, in lieu of making any examination	9907
authorized or required by division (B) of this section, may accept	9908
the report of an examination of a foreign or alien insurer made	9909
and certified by the superintendent of insurance or other	9910
insurance supervisory official of the state or government of	9911
domicile or state of entry. The examination of an alien insurer	9912
shall be limited to its United States business except as otherwise	9913
required by the superintendent.	9914

(E) Whenever the superintendent determines to examine the	9915
affairs of any insurer pursuant to any examination authorized or	9916
required by division (B) of this section, hethe superintendent	9917
shall appoint as examiners one or more competent persons not	9918
employed by or interested in any insurer except as a policyholder.	9919
The superintendent shall instruct the examiners as to the scope of	9920
the examination.	9921

Each examiner appointed under this division shall have	9922
convenient access at all reasonable hours to the books, records,	9923
files, securities, and other documents of the insurer, its	9924
managers, agents, or other persons that are relevant to the	9925
examination. The examiner may administer oaths and examine any	9926
person under oath as to any matter relevant to the affairs of the	9927
insurer or the examination.	9928

(F) If the superintendent finds the accounts of an insurer	9929
being examined pursuant to any examination authorized or required	9930
by division (B) of this section to be inadequate or improperly	9931
kept or posted and if the insurer has been afforded a reasonable	9932
opportunity to correct the accounts, the superintendent may employ	9933
or require the insurer to employ experts to rewrite, post, or	9934
balance the accounts. The employment of experts under this	9935
division shall be at the expense of the insurer.	9936

(G) In connection with any examination authorized or required	9937
by division (B) of this section, the superintendent may appoint	9938
one or more competent persons to appraise the real property of the	9939
insurer or any real property on which the insurer holds security.	9940

(H) The examiner in charge of any examination authorized or	9941
required by division (B) of this section shall make a true report	9942
of the examination, verified under oath, that shall comprise only	9943
facts appearing upon the books, records, or other documents of the	9944
insurer or its agents or other persons examined, or as ascertained	9945
from the sworn testimony of its officers or agents or other	9946
persons examined concerning its affairs, and such conclusions and	9947
recommendations as may be reasonably warranted from those facts.	9948
The reports so verified shall be prima-facie evidence in any	9949
action or proceeding for the rehabilitation or liquidation of the	9950
insurer brought in the name of the state against the insurer or	9951
its officers or agents.	9952

(I) The examined insurer, within thirty days after the	9953
postmark on the envelope in which the report was mailed, may file	9954
with the superintendent written objections to the report. The	9955
objections shall be attached to and made a part of the report,	9956
which then shall be placed in the files of the department of	9957
insurance as a public record.	9958

(J)(1) The officers, directors, managers, employees, and	9959
agents of an insurer shall facilitate in every way any examination	9960
authorized or required by division (B) of this section and, to the	9961
extent of their authority, aid the examiners and persons appointed	9962
or employed pursuant to divisions (E), (F), and (G) of this	9963
section in conducting the examination.	9964

(2) No officer, director, manager, employee, or agent of an	9965
insurer shall do any of the following:	9966

(a) Fail to comply with division (J)(1) of this section;

9967

(b) Refuse, without just cause, to be examined under oath;

9968

(c) Knowingly obstruct or interfere with an examiner or any	9969
person appointed or employed pursuant to division (E), (F), or (G)	9970
of this section in the exercise of ~~his~~the examiner's,	9971
appointee's, or employee's authority under this section.	9972

(3) No insurer shall refuse to submit to an examination	9973
authorized or required by division (B) of this section. The	9974
superintendent, in accordance with Chapter 119. of the Revised	9975
Code, may suspend or revoke or refuse to issue or renew the	9976
license of any insurer that violates division (J)(3) of this	9977
section.	9978

(K) Personnel conducting an examination shall be compensated	9979
for each day or portion thereof worked at the rates provided in	9980
the examiners' handbook published by the national association of	9981
insurance commissioners or the rates that would have been	9982
applicable to such personnel under the salary schedule prescribed	9983
in the version of section 124.15 or 124.152 of the Revised Code in	9984
effect immediately prior to the effective date of this amendment,	9985
whichever are higher. Such personnel shall also be reimbursed for	9986
their travel and living expenses at rates not to exceed the rates	9987
provided in the examiners' handbook published by the association.	9988
Personnel who are appointed by the superintendent, but are not	9989
employees of the department of insurance, shall be compensated for	9990
their work and travel and living expenses at reasonable and	9991
customary rates.	9992

(L) If an examination is made of any insurer, the expenses	9993
thereof shall be paid by the insurer.	9994

The superintendent shall provide each insurer with an	9995
itemized statement of the expenses incurred in the performance of	9996
the examination functions authorized or required by this section.	9997
Upon receipt of the superintendent's statement, the insurer shall	9998
remit the amount thereof to the superintendent who shall remit to	9999
the treasurer of state pursuant to section 3901.071 of the Revised	10000
Code for deposit in the superintendent's examination fund.	10001

(M) As used in this section, "expenses" means:

10002

(1) The entire compensation for each day or portion thereof	10003
worked by all personnel, including those who are not employees of	10004
the department of insurance, in:	10005

(a) The conduct of such examination calculated at the rates	10006
provided in the examiners' handbook published by the national	10007
association of insurance commissioners;	10008

(b) The review and analysis of the annual and any interim	10009
financial statements of insurers licensed in this state;	10010

(c) The ongoing evaluation and monitoring of the financial	10011
affairs of licensed insurers;	10012

(d) The preparation of the premium or franchise tax liability	10013
of licensed insurers;	10014

(e) The review and evaluation of foreign and alien insurers	10015
seeking a license in this state;	10016

(f) A portion of the training and continuing education costs	10017
of examiners.	10018

(2) Travel and living expenses of all personnel, including	10019
those who are not employees of the department, directly engaged in	10020
the conduct of such examination calculated at rates not to exceed	10021
the rates provided in the examiners' handbook published by the	10022
association;	10023

(3) All other incidental expenses incurred by or on behalf of	10024
such personnel in the conduct of such examination;	10025

(4) An allocated share of all expenses not paid as described	10026
in division (M)(1), (2), or (3) of this section that are	10027
necessarily incurred in carrying out the duties of the	10028
superintendent under this section, including the expenses of	10029
direct overhead and support staff for the examiners and persons	10030
appointed or employed pursuant to divisions (E), (F), and (G) of	10031
this section.	10032

Sec. 4112.03. There is hereby created the Ohio civil rights	10033
commission to consist of five members, not more than three of whom	10034
shall be of the same political party, to be appointed by the	10035
governor, with the advice and consent of the senate, one of whom	10036
shall be designated by the governor as ~~chairman~~chairperson. At	10037
least one member shall be at least sixty years of age.	10038

Terms of office shall be for five years, commencing on the	10039
twenty-ninth day of July and ending on the twenty-eighth day of	10040
July. Each member shall hold office from the date of ~~his~~	10041
appointment until the end of the term for which hethe member was	10042
appointed. Any member appointed to fill a vacancy occurring prior	10043
to the expiration of the term for which ~~his~~the member's	10044
predecessor was appointed shall hold office for the remainder of	10045
such term. Any member shall continue in office subsequent to the	10046
expiration date of ~~his~~the member's term until ~~his~~the member's	10047
successor takes office, or until a period of sixty days has	10048
elapsed, whichever occurs first.	10049

Three members of the commission shall constitute a quorum for	10050
the purpose of conducting the business thereof. A vacancy in the	10051
commission shall not impair the right of the remaining members to	10052
exercise all the powers of the commission.	10053

Each member of the commission shall be paid a salary	10054
established pursuant to division ~~(J)~~(A) of section 124.15 of the	10055
Revised Code plus necessary and actual expenses while traveling on	10056
business of the commission.	10057

Any member of the commission may be removed by the governor	10058
for inefficiency, neglect of duty, misconduct, or malfeasance in	10059
office, after being given a written statement of the charges	10060
against ~~him~~the member and an opportunity to be heard publicly	10061
thereon.	10062

Sec. 4117.01. As used in this chapter:

10063

(A) "Person," in addition to those included in division (C)	10064
of section 1.59 of the Revised Code, includes employee	10065
organizations, public employees, and public employers.	10066

(B)(1) "Public employer" means ~~the state or~~ any political	10067
subdivision of the state located entirely within the state,	10068
including~~, without limitation,~~ any of the following:	10069

(a) A municipal corporation with a population of at least	10070
five thousand according to the most recent federal decennial	10071
census;	10072

(b) A county;

10073

(c) A township with a population of at least five thousand in	10074
the unincorporated area of the township according to the most	10075
recent federal decennial census;	10076

(d) A school district;

10077

(e) The governing authority of a community school established	10078
under Chapter 3314. of the Revised Code; ~~state institution of~~	10079
~~higher learning;~~	10080

(f) A public or special district; ~~state agency, authority,~~	10081
~~commission, or board; or~~	10082

(g) Any other branch of local public employment.

10083

(2) "Public employer" does not mean the state, any agency,	10084
authority, commission, or board of the state, or any state	10085
institution of higher education.	10086

(C) "Public employee" means any person holding a position by	10087
appointment or employment in the service of a public employer,	10088
~~including any person working pursuant to a contract between a~~	10089
~~public employer and a private employer and over whom the national~~	10090
~~labor relations board has declined jurisdiction on the basis that~~	10091
~~the involved employees are employees of a public employer,~~ except:	10092

(1) Persons holding elective office;

10093

(2) Employees of ~~the general assembly and employees of~~ any	10094
~~other~~ legislative body of ~~the~~a public employer whose principal	10095
duties are directly related to the legislative functions of the	10096
body;	10097

(3) Employees on the staff of ~~the governor or~~ the chief	10098
executive of the public employer whose principal duties are	10099
directly related to the performance of the executive functions of	10100
~~the governor or~~ the chief executive;	10101

(4) ~~Persons who are members of the Ohio organized militia,~~	10102
~~while training or performing duty under section 5919.29 or 5923.12~~	10103
~~of the Revised Code;~~	10104

~~(5) Employees of the state employment relations board,~~	10105
~~including those employees of the state employment relations board~~	10106
~~utilized by the state personnel board of review in the exercise of~~	10107
~~the powers and the performance of the duties and functions of the~~	10108
~~state personnel board of review;~~	10109

~~(6)~~ Confidential employees;

10110

~~(7)~~(5) Management level employees;

10111

~~(8)~~(6) Employees and officers of the courts, ~~assistants to~~	10112
~~the attorney general,~~ assistant prosecuting attorneys, and	10113
employees of the clerks of courts who perform a judicial function;	10114

~~(9)~~(7) Employees ~~of a public official~~ who ~~act in a fiduciary~~	10115
~~capacity, appointed pursuant to~~are in the unclassified civil	10116
service under section 124.11 of the Revised Code;	10117

~~(10)~~(8) Supervisors;

10118

~~(11) Students whose primary purpose is educational training,~~	10119
~~including graduate assistants or associates, residents, interns,~~	10120
~~or other students working as part-time public employees less than~~	10121
~~fifty per cent of the normal year in the employee's bargaining~~	10122
~~unit;~~	10123

~~(12) Employees of county boards of election;~~

10124

~~(13)~~(9) Seasonal and casual employees as determined by the	10125
state employment relations board;	10126

~~(14) Part-time faculty members of an institution of higher~~	10127
~~education;~~	10128

~~(15)~~(10) Participants in a work activity, developmental	10129
activity, or alternative work activity under sections 5107.40 to	10130
5107.69 of the Revised Code who perform a service for a public	10131
employer that the public employer needs but is not performed by an	10132
employee of the public employer if the participant is not engaged	10133
in paid employment or subsidized employment pursuant to the	10134
activity;	10135

~~(16) Employees included in the career professional service of~~	10136
~~the department of transportation under section 5501.20 of the~~	10137
~~Revised Code;~~	10138

~~(17)~~(11) Employees of community-based correctional facilities	10139
and district community-based correctional facilities created under	10140
sections 2301.51 to 2301.58 of the Revised Code who are not	10141
subject to a collective bargaining agreement on June 1, 2005;	10142

(12) Employees of a regional council of government created	10143
under Chapter 167. of the Revised Code.	10144

(D) "Employee organization" means any labor or bona fide	10145
organization in which public employees participate and that exists	10146
for the purpose, in whole or in part, of dealing with public	10147
employers concerning grievances, labor disputes, wages, hours,	10148
terms, and other conditions of employment.	10149

(E) "Exclusive representative" means the employee	10150
organization certified or recognized as an exclusive	10151
representative under section 4117.05 of the Revised Code.	10152

(F) "Supervisor" means any individual who has authority, in	10153
the interest of the public employer, to hire, transfer, suspend,	10154
lay off, recall, promote, discharge, assign, reward, or discipline	10155
other public employees; to responsibly direct them; to adjust	10156
their grievances; or to effectively recommend such action, if the	10157
exercise of that authority is not of a merely routine or clerical	10158
nature, but requires the use of independent judgment, provided	10159
that:	10160

(1) Employees of school districts who are department	10161
chairpersons or consulting teachers shall not be deemed	10162
supervisors;	10163

(2) ~~With respect to members of a police or fire department,~~	10164
~~no person shall be deemed a supervisor except the chief of the~~	10165
~~department or those individuals who, in the absence of the chief,~~	10166
~~are authorized to exercise the authority and perform the duties of~~	10167
~~the chief of the department. Where prior to June 1, 1982, a public~~	10168
~~employer pursuant to a judicial decision, rendered in litigation~~	10169
~~to which the public employer was a party, has declined to engage~~	10170
~~in collective bargaining with members of a police or fire~~	10171
~~department on the basis that those members are supervisors, those~~	10172
~~members of a police or fire department do not have the rights~~	10173
~~specified in this chapter for the purposes of future collective~~	10174
~~bargaining. The state employment relations board shall decide all~~	10175
~~disputes concerning the application of division (F)(2) of this~~	10176
~~section.~~	10177

~~(3) With respect to faculty members of a state institution of~~	10178
~~higher education, heads of departments or divisions are~~	10179
~~supervisors; however, no other faculty member or group of faculty~~	10180
~~members is a supervisor solely because the faculty member or group~~	10181
~~of faculty members participate in decisions with respect to~~	10182
~~courses, curriculum, personnel, or other matters of academic~~	10183
~~policy;~~	10184

~~(4)~~ No teacher as defined in section 3319.09 of the Revised	10185
Code shall be designated as a supervisor or a management level	10186
employee unless the teacher is employed under a contract governed	10187
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	10188
is assigned to a position for which a license deemed to be for	10189
administrators under state board rules is required pursuant to	10190
section 3319.22 of the Revised Code.	10191

(G) "To bargain collectively" means to perform the mutual	10192
obligation of the public employer, by its representatives, and the	10193
representatives of its employees to negotiate in good faith at	10194
reasonable times and places with respect to wages, hours, terms,	10195
and other conditions of employment ~~and the continuation,~~	10196
~~modification, or deletion of an existing provision of a collective~~	10197
~~bargaining agreement~~, with the intention of reaching an agreement,	10198
or to resolve questions arising under the agreement. "To bargain	10199
collectively" includes executing a written contract incorporating	10200
the terms of any agreement reached. The obligation to bargain	10201
collectively does not mean that either party is compelled to agree	10202
to a proposal nor does it require the making of a concession.	10203

(H) "Strike" means continuous concerted action in failing to	10204
report to duty; willful absence from one's position; or stoppage	10205
of work in whole from the full, faithful, and proper performance	10206
of the duties of employment, for the purpose of inducing,	10207
influencing, or coercing a change in wages, hours, terms, and	10208
other conditions of employment. "Strike" does not include a	10209
stoppage of work by employees in good faith because of dangerous	10210
or unhealthful working conditions at the place of employment that	10211
are abnormal to the place of employment.	10212

(I) "Unauthorized strike" includes, but is not limited to,	10213
concerted action during the term or extended term of a collective	10214
bargaining agreement or during the pendency of the settlement	10215
procedures set forth in section 4117.14 of the Revised Code in	10216
failing to report to duty; willful absence from one's position;	10217
stoppage of work; slowdown, or abstinence in whole or in part from	10218
the full, faithful, and proper performance of the duties of	10219
employment for the purpose of inducing, influencing, or coercing a	10220
change in wages, hours, terms, and other conditions of employment.	10221
"Unauthorized strike" includes any such action, absence, stoppage,	10222
slowdown, or abstinence when done partially or intermittently,	10223
whether during or after the expiration of the term or extended	10224
term of a collective bargaining agreement or during or after the	10225
pendency of the settlement procedures set forth in section 4117.14	10226
of the Revised Code.	10227

(J) "Professional employee" means any employee engaged in	10228
work that is predominantly intellectual, involving the consistent	10229
exercise of discretion and judgment in its performance and	10230
requiring knowledge of an advanced type in a field of science or	10231
learning customarily acquired by a prolonged course in an	10232
institution of higher learning or a hospital, as distinguished	10233
from a general academic education or from an apprenticeship; or an	10234
employee who has completed the courses of specialized intellectual	10235
instruction and is performing related work under the supervision	10236
of a professional person to become qualified as a professional	10237
employee.	10238

(K) "Confidential employee" means any employee who works in	10239
the personnel offices of a public employer and deals with	10240
information to be used by the public employer in collective	10241
bargaining; or any employee who works in a close continuing	10242
relationship with public officers or representatives directly	10243
participating in collective bargaining on behalf of the employer.	10244

(L) "Management level employee" means an individual who	10245
formulates policy on behalf of the public employer, who	10246
responsibly directs the implementation of policy, or who may	10247
reasonably be required on behalf of the public employer to assist	10248
in the preparation for the conduct of collective negotiations,	10249
administer collectively negotiated agreements, or have a major	10250
role in personnel administration. Assistant superintendents,	10251
principals, and assistant principals whose employment is governed	10252
by section 3319.02 of the Revised Code are management level	10253
employees. ~~With respect to members of a faculty of a state~~	10254
~~institution of higher education, no person is a management level~~	10255
~~employee because of the person's involvement in the formulation or~~	10256
~~implementation of academic or institution policy.~~	10257

(M) "Wages" means hourly rates of pay, salaries, or other	10258
forms of compensation for services rendered.	10259

(N) "Member of a police department" means a person who is in	10260
the employ of a police department of a municipal corporation as a	10261
full-time regular police officer as the result of an appointment	10262
from a duly established civil service eligibility list or under	10263
section 737.15 or 737.16 of the Revised Code, a full-time deputy	10264
sheriff appointed under section 311.04 of the Revised Code, a	10265
township constable appointed under section 509.01 of the Revised	10266
Code, or a member of a township police district police department	10267
appointed under section 505.49 of the Revised Code.	10268

(O) ~~"Members of the state highway patrol" means highway~~	10269
~~patrol troopers and radio operators appointed under section~~	10270
~~5503.01 of the Revised Code.~~	10271

~~(P)~~ "Member of a fire department" means a person who is in	10272
the employ of a fire department of a municipal corporation or a	10273
township as a fire cadet, full-time regular firefighter, or	10274
promoted rank as the result of an appointment from a duly	10275
established civil service eligibility list or under section	10276
505.38, 709.012, or 737.22 of the Revised Code.	10277

~~(Q)~~(P) "Day" means calendar day.

10278

(Q) "State" means the state of Ohio, including the general	10279
assembly, the supreme court, and the offices of all elected state	10280
officers.	10281

(R) "State institution of higher education" has the same	10282
meaning as in section 3345.011 of the Revised Code.	10283

Sec. 4117.02. (A) There is hereby created the state	10284
employment relations board, consisting of three members to be	10285
appointed by the governor with the advice and consent of the	10286
senate. Members shall be knowledgeable about labor relations or	10287
personnel practices. No more than two of the three members shall	10288
belong to the same political party. A member of the state	10289
employment relations board during the member's period of service	10290
shall hold no other public office or public or private employment	10291
and shall allow no other responsibilities to interfere or conflict	10292
with the member's duties as a full-time state employment relations	10293
board member. Of the initial appointments made to the state	10294
employment relations board, one shall be for a term ending October	10295
6, 1984, one shall be for a term ending October 6, 1985, and one	10296
shall be for a term ending October 6, 1986. Thereafter, terms of	10297
office shall be for six years, each term ending on the same day of	10298
the same month of the year as did the term that it succeeds. Each	10299
member shall hold office from the date of the member's appointment	10300
until the end of the term for which the member is appointed. Any	10301
member appointed to fill a vacancy occurring prior to the	10302
expiration of the term for which the member's predecessor was	10303
appointed shall hold office for the remainder of the term. Any	10304
member shall continue in office subsequent to the expiration of	10305
the member's term until the member's successor takes office or	10306
until a period of sixty days has elapsed, whichever occurs first.	10307
The governor may remove any member of the state employment	10308
relations board, upon notice and public hearing, for neglect of	10309
duty or malfeasance in office, but for no other cause.	10310

(B)(1) The governor shall designate one member of the state	10311
employment relations board to serve as chairperson of the state	10312
employment relations board. The chairperson is the head of the	10313
state employment relations board and its chief executive officer.	10314

(2) The chairperson shall exercise all administrative powers	10315
and duties conferred upon the state employment relations board	10316
under this chapter and shall do all of the following:	10317

(a) Employ, promote, supervise, and remove all employees of	10318
the state employment relations board, and establish, change, or	10319
abolish positions and assign or reassign the duties of those	10320
employees as the chairperson determines necessary to achieve the	10321
most efficient performance of the duties of the state employment	10322
relations board under this chapter;	10323

(b) Determine the utilization by the state personnel board of	10324
review of employees of the state employment relations board as	10325
necessary for the state personnel board of review to exercise the	10326
powers and perform the duties of the state personnel board of	10327
review.	10328

(c) Maintain the office of the state employment relations	10329
board in Columbus and manage the office's daily operations,	10330
including securing offices, facilities, equipment, and supplies	10331
necessary to house the state employment relations board, employees	10332
of the state employment relations board, the state personnel board	10333
of review, and files and records under the control of the state	10334
employment relations board and under the control of the state	10335
personnel board of review;	10336

(d) Prepare and submit to the office of budget and management	10337
a budget for each biennium according to section 107.03 of the	10338
Revised Code, and include in the budget the costs of the state	10339
employment relations board and its staff and the costs of the	10340
state employment relations board in discharging any duty imposed	10341
by law upon the state employment relations board, the chairperson,	10342
or any of the employees or agents of the state employment	10343
relations board, and the costs of the state personnel board of	10344
review in discharging any duty imposed by law on the state	10345
personnel board of review or an agent of the state personnel board	10346
of review.	10347

(C) The vacancy on the state employment relations board does	10348
not impair the right of the remaining members to exercise all the	10349
powers of the state employment relations board, and two members of	10350
the state employment relations board, at all times, constitute a	10351
quorum. The state employment relations board shall have an	10352
official seal of which courts shall take judicial notice.	10353

(D) The state employment relations board shall make an annual	10354
report in writing to the governor and to the general assembly,	10355
stating in detail the work it has done.	10356

(E) Compensation of the chairperson and members shall be in	10357
accordance with division ~~(J)~~(A) of section 124.15 of the Revised	10358
Code. The chairperson and the members are eligible for	10359
reappointment. In addition to such compensation, all members shall	10360
be reimbursed for their necessary expenses incurred in the	10361
performance of their work as members.	10362

(F)(1) The chairperson, after consulting with the other state	10363
employment relations board members and receiving the consent of at	10364
least one other board member, shall appoint an executive director.	10365
The chairperson also shall appoint attorneys and shall appoint an	10366
assistant executive director who shall be an attorney admitted to	10367
practice law in this state and who shall serve as a liaison to the	10368
attorney general on legal matters before the state employment	10369
relations board.	10370

(2) The state employment relations board shall appoint	10371
members of fact-finding panels and shall prescribe their job	10372
duties.	10373

(G)(1) The executive director shall serve at the pleasure of	10374
the chairperson. The executive director, under the direction of	10375
the chairperson, shall do all of the following:	10376

(a) Act as chief administrative officer for the state	10377
employment relations board;	10378

(b) Ensure that all employees of the state employment	10379
relations board comply with the rules of the state employment	10380
relations board;	10381

(c) Do all things necessary for the efficient and effective	10382
implementation of the duties of the state employment relations	10383
board.	10384

(2) The duties of the executive director described in	10385
division (G)(1) of this section do not relieve the chairperson	10386
from final responsibility for the proper performance of the duties	10387
described in that division.	10388

(H) The attorney general shall be the legal adviser of the	10389
state employment relations board and shall appear for and	10390
represent the state employment relations board and its agents in	10391
all legal proceedings. The state employment relations board may	10392
utilize regional, local, or other agencies, and utilize voluntary	10393
and uncompensated services as needed. The state employment	10394
relations board may contract with the federal mediation and	10395
conciliation service for the assistance of mediators, arbitrators,	10396
and other personnel the service makes available. The chairperson	10397
shall appoint all employees on the basis of training, practical	10398
experience, education, and character, notwithstanding the	10399
requirements established by section 119.09 of the Revised Code.	10400
The chairperson shall give special regard to the practical	10401
training and experience that employees have for the particular	10402
position involved. The executive director, assistant executive	10403
director, administrative law judges, employees holding a fiduciary	10404
or administrative relation to the state employment relations board	10405
as described in division (A)(9) of section 124.11 of the Revised	10406
Code, and the personal secretaries and assistants of the state	10407
employment relations board members are in the unclassified	10408
service. All other full-time employees of the state employment	10409
relations board are in the classified service. All employees of	10410
the state employment relations board shall be paid in accordance	10411
with Chapter 124. of the Revised Code.	10412

(I) The chairperson shall select and assign administrative	10413
law judges and other agents whose functions are to conduct	10414
hearings with due regard to their impartiality, judicial	10415
temperament, and knowledge. If in any proceeding under this	10416
chapter, any party prior to five days before the hearing thereto	10417
files with the state employment relations board a sworn statement	10418
charging that the administrative law judge or other agent	10419
designated to conduct the hearing is biased or partial in the	10420
proceeding, the state employment relations board may disqualify	10421
the person and designate another administrative law judge or agent	10422
to conduct the proceeding. At least ten days before any hearing,	10423
the state employment relations board shall notify all parties to a	10424
proceeding of the name of the administrative law judge or agent	10425
designated to conduct the hearing.	10426

(J) The principal office of the state employment relations	10427
board is in Columbus, but it may meet and exercise any or all of	10428
its powers at any other place within the state. The state	10429
employment relations board may, by one or more of its employees,	10430
or any agents or agencies it designates, conduct in any part of	10431
this state any proceeding, hearing, investigation, inquiry, or	10432
election necessary to the performance of its functions; provided,	10433
that no person so designated may later sit in determination of an	10434
appeal of the decision of that cause or matter.	10435

(K) In addition to the powers and functions provided in other	10436
sections of this chapter, the state employment relations board	10437
shall do all of the following:	10438

(1) Create a bureau of mediation within the state employment	10439
relations board, to perform the functions provided in section	10440
4117.14 of the Revised Code. This bureau shall also establish,	10441
after consulting representatives of employee organizations and	10442
public employers, panels of qualified persons to be available to	10443
serve as members of fact-finding panels and arbitrators.	10444

(2) Conduct studies of problems involved in representation	10445
and negotiation and make recommendations for legislation;	10446

(3) Hold hearings pursuant to this chapter and, for the	10447
purpose of the hearings and inquiries, administer oaths and	10448
affirmations, examine witnesses and documents, take testimony and	10449
receive evidence, compel the attendance of witnesses and the	10450
production of documents by the issuance of subpoenas, and delegate	10451
these powers to any members of the state employment relations	10452
board or any administrative law judge employed by the state	10453
employment relations board for the performance of its functions;	10454

(4) Train representatives of employee organizations and	10455
public employers in the rules and techniques of collective	10456
bargaining procedures;	10457

(5) Make studies and analyses of, and act as a clearinghouse	10458
of information relating to, conditions of employment of public	10459
employees throughout the state and request assistance, services,	10460
and data from any public employee organization, public employer,	10461
or governmental unit. Public employee organizations, public	10462
employers, and governmental units shall provide such assistance,	10463
services, and data as will enable the state employment relations	10464
board to carry out its functions and powers.	10465

(6) Make available to employee organizations, public	10466
employers, mediators, fact-finding panels, arbitrators, and joint	10467
study committees statistical data relating to wages, benefits, and	10468
employment practices in public and private employment applicable	10469
to various localities and occupations to assist them to resolve	10470
issues in negotiations;	10471

(7) Notwithstanding section 119.13 of the Revised Code,	10472
establish standards of persons who practice before it;	10473

(8) Adopt, amend, and rescind rules and procedures and	10474
exercise other powers appropriate to carry out this chapter.	10475
Before the adoption, amendment, or rescission of rules and	10476
procedures under this section, the state employment relations	10477
board shall do all of the following:	10478

(a) Maintain a list of interested public employers and	10479
employee organizations and mail notice to such groups of any	10480
proposed rule or procedure, amendment thereto, or rescission	10481
thereof at least thirty days before any public hearing thereon;	10482

(b) Mail a copy of each proposed rule or procedure, amendment	10483
thereto, or rescission thereof to any person who requests a copy	10484
within five days after receipt of the request therefor;	10485

(c) Consult with appropriate statewide organizations	10486
representing public employers or employees who would be affected	10487
by the proposed rule or procedure.	10488

Although the state employment relations board is expected to	10489
discharge these duties diligently, failure to mail any notice or	10490
copy, or to so consult with any person, is not jurisdictional and	10491
shall not be construed to invalidate any proceeding or action of	10492
the state employment relations board.	10493

(L) In case of neglect or refusal to obey a subpoena issued	10494
to any person, the court of common pleas of the county in which	10495
the investigation or the public hearing occurs, upon application	10496
by the state employment relations board, may issue an order	10497
requiring the person to appear before the state employment	10498
relations board and give testimony about the matter under	10499
investigation. The court may punish a failure to obey the order as	10500
contempt.	10501

(M) Any subpoena, notice of hearing, or other process or	10502
notice of the state employment relations board issued under this	10503
section may be served personally, by certified mail, or by leaving	10504
a copy at the principal office or personal residence of the	10505
respondent required to be served. A return, made and verified by	10506
the individual making the service and setting forth the manner of	10507
service, is proof of service, and a return post office receipt,	10508
when certified mail is used, is proof of service. All process in	10509
any court to which application is made under this chapter may be	10510
served in the county wherein the persons required to be served	10511
reside or are found.	10512

(N) All expenses of the state employment relations board,	10513
including all necessary traveling and subsistence expenses	10514
incurred by the members or employees of the state employment	10515
relations board under its orders, shall be paid pursuant to	10516
itemized vouchers approved by the chairperson of the state	10517
employment relations board, the executive director, or both, or	10518
such other person as the chairperson designates for that purpose.	10519

(O) Whenever the state employment relations board determines	10520
that a substantial controversy exists with respect to the	10521
application or interpretation of this chapter and the matter is of	10522
public or great general interest, the state employment relations	10523
board shall certify its final order directly to the court of	10524
appeals having jurisdiction over the area in which the principal	10525
office of the public employer directly affected by the application	10526
or interpretation is located. The chairperson shall file with the	10527
clerk of the court a certified copy of the transcript of the	10528
proceedings before the state employment relations board pertaining	10529
to the final order. If upon hearing and consideration the court	10530
decides that the final order of the state employment relations	10531
board is unlawful or is not supported by substantial evidence on	10532
the record as a whole, the court shall reverse and vacate the	10533
final order or modify it and enter final judgment in accordance	10534
with the modification; otherwise, the court shall affirm the final	10535
order. The notice of the final order of the state employment	10536
relations board to the interested parties shall contain a	10537
certification by the chairperson of the state employment relations	10538
board that the final order is of public or great general interest	10539
and that a certified transcript of the record of the proceedings	10540
before the state employment relations board had been filed with	10541
the clerk of the court as an appeal to the court. For the purposes	10542
of this division, the state employment relations board has	10543
standing to bring its final order properly before the court of	10544
appeals.	10545

(P) Except as otherwise specifically provided in this	10546
section, the state employment relations board is subject to	10547
Chapter 119. of the Revised Code, including the procedure for	10548
submission of proposed rules to the general assembly for	10549
legislative review under division (H) of section 119.03 of the	10550
Revised Code.	10551

Sec. 4117.03. (A) Public employees have the right to:

10552

(1) Form, join, assist, or participate in, or refrain from	10553
forming, joining, assisting, or participating in, except as	10554
otherwise provided in Chapter 4117. of the Revised Code, any	10555
employee organization of their own choosing;	10556

(2) Engage in other concerted activities for the purpose of	10557
collective bargaining or other mutual aid and protection;	10558

(3) Representation by an employee organization;

10559

(4) Bargain collectively with their public employers to	10560
determine wages, hours, terms and other conditions of employment	10561
~~and the continuation, modification, or deletion of an existing~~	10562
~~provision of a collective bargaining agreement,~~ and enter into	10563
collective bargaining agreements;	10564

(5) Present grievances and have them adjusted, without the	10565
intervention of the bargaining representative, as long as the	10566
adjustment is not inconsistent with the terms of the collective	10567
bargaining agreement then in effect and as long as the bargaining	10568
representatives have the opportunity to be present at the	10569
adjustment.	10570

(B) Persons on active duty or acting in any capacity as	10571
members of the organized militia do not have collective bargaining	10572
rights. Employees of the state, of any agency, authority,	10573
commission, or board of the state, or of any state institution of	10574
higher education do not have collective bargaining rights. The	10575
state, any agency, authority, commission, or board of the state,	10576
or a state institution of higher education shall not bargain	10577
collectively with its employees.	10578

(C) Except as provided in division (D) of this section,	10579
nothing in Chapter 4117. of the Revised Code prohibits public	10580
employers from electing to engage in collective bargaining, to	10581
meet and confer, to hold discussions, or to engage in any other	10582
form of collective negotiations with public employees who are not	10583
subject to Chapter 4117. of the Revised Code pursuant to division	10584
(C) of section 4117.01 of the Revised Code.	10585

(D) A public employer shall not engage in collective	10586
bargaining or other forms of collective negotiations with the	10587
employees of county boards of elections ~~referred to in division~~	10588
~~(C)(12) of section 4117.01 of the Revised Code~~.	10589

~~(E) Employees of public schools may bargain collectively for~~	10590
~~health care benefits; however, all health care benefits shall~~	10591
~~include best practices prescribed by the school employees health~~	10592
~~care board, in accordance with section 9.901 of the Revised Code.~~	10593

Sec. 4117.06. (A) The state employment relations board shall	10594
decide in each case the unit appropriate for the purposes of	10595
collective bargaining. The determination is final and conclusive	10596
and not appealable to the court.	10597

(B) The board shall determine the appropriateness of each	10598
bargaining unit and shall consider among other relevant factors:	10599
the desires of the employees; the community of interest; wages,	10600
hours, and other working conditions of the public employees; the	10601
effect of over-fragmentation; the efficiency of operations of the	10602
public employer; the administrative structure of the public	10603
employer; and the history of collective bargaining.	10604

(C) The board may determine a unit to be the appropriate unit	10605
in a particular case, even though some other unit might also be	10606
appropriate.	10607

(D) In addition, in determining the appropriate unit, the	10608
board shall not:	10609

(1) Decide that any unit is appropriate if the unit includes	10610
both professional and nonprofessional employees, unless a majority	10611
of the professional employees and a majority of the	10612
nonprofessional employees first vote for inclusion in the unit;	10613

(2) Include guards or correction officers at correctional or	10614
mental institutions, ~~special police officers appointed in~~	10615
~~accordance with sections 5119.14 and 5123.13 of the Revised Code,~~	10616
psychiatric attendants employed at mental health forensic	10617
facilities, youth leaders employed at juvenile correction	10618
facilities, or any public employee employed as a guard to enforce	10619
against other employees rules to protect property of the employer	10620
or to protect the safety of persons on the employer's premises in	10621
a unit with other employees;	10622

(3) Include members of a police or fire department ~~or members~~	10623
~~of the state highway patrol~~ in a unit with other classifications	10624
of public employees of the department;	10625

(4) ~~Designate as appropriate a bargaining unit that contains~~	10626
~~more than one institution of higher education; nor shall it within~~	10627
~~any such institution of higher education designate as appropriate~~	10628
~~a unit where such designation would be inconsistent with the~~	10629
~~accreditation standards or interpretations of such standards,~~	10630
~~governing such institution of higher education or any department,~~	10631
~~school, or college thereof. For the purposes of this division, any~~	10632
~~branch or regional campus of a public institution of higher~~	10633
~~education is part of that institution of higher education.~~	10634

~~(5)~~ Designate as appropriate a bargaining unit that contains	10635
employees within the jurisdiction of more than one elected county	10636
office holder, unless the county-elected office holder and the	10637
board of county commissioners agree to such other designation;	10638

~~(6)~~(5) With respect to members of a police department,	10639
designate as appropriate a unit that includes rank and file	10640
members of the department with members who are of the rank of	10641
sergeant or above;	10642

~~(7)~~(6) Except as otherwise provided by division (A)(3) of	10643
section 3314.10 or division (B) of section 3326.18 of the Revised	10644
Code, designate as appropriate a bargaining unit that contains	10645
employees from multiple community schools established under	10646
Chapter 3314. or multiple science, technology, engineering, and	10647
mathematics schools established under Chapter 3326. of the Revised	10648
Code. For purposes of this division, more than one unit may be	10649
designated within a single community school or science,	10650
technology, engineering, and mathematics school.	10651

This section shall not be deemed to prohibit multiunit	10652
bargaining.	10653

Sec. 4117.08. (A) All matters pertaining to wages, hours, or	10654
terms and other conditions of employment ~~and the continuation,~~	10655
~~modification, or deletion of an existing provision of a collective~~	10656
~~bargaining agreement~~ are subject to collective bargaining between	10657
the public employer and the exclusive representative, except as	10658
otherwise specified in this section and ~~division (E) of~~ section	10659
~~4117.03~~4117.081 of the Revised Code.	10660

(B) The following subjects are not appropriate subjects for	10661
collective bargaining:	10662

(1) The conduct and grading of civil service examinations,	10663
the rating of candidates, the establishment of eligible lists from	10664
the examinations, and the original appointments from the eligible	10665
lists ~~are not appropriate subjects for collective bargaining~~;	10666

(2) Health care benefits, except that, subject to division	10667
(E) of this section, the amount of the premium for which a public	10668
employer and the public employees of the public employer pays is	10669
an appropriate subject of collective bargaining;	10670

(3) The payment of a contribution by a public employer to the	10671
public employees retirement system, the Ohio police and fire	10672
pension fund, the state teachers retirement system, or the school	10673
employees retirement system on behalf of an employee, contributor,	10674
or teacher, as applicable, that the employee, contributor, or	10675
teacher otherwise is required to pay.	10676

(C) Unless a public employer agrees otherwise in a collective	10677
bargaining agreement, nothing in Chapter 4117. of the Revised Code	10678
impairs the right and responsibility of each public employer to:	10679

(1) Determine matters of inherent managerial policy which	10680
include, but are not limited to, areas of discretion or policy	10681
such as the functions and programs of the public employer,	10682
standards of services, its overall budget, utilization of	10683
technology, and organizational structure;	10684

(2) Direct, supervise, evaluate, or hire employees;

10685

(3) Maintain and improve the efficiency and effectiveness of	10686
governmental operations;	10687

(4) Determine the overall methods, process, means, or	10688
personnel by which governmental operations are to be conducted;	10689

(5) Suspend, discipline, demote, or discharge for just cause,	10690
or lay off, transfer, assign, schedule, promote, or retain	10691
employees;	10692

(6) Determine the adequacy of the work force;

10693

(7) Determine the overall mission of the employer as a unit	10694
of government;	10695

(8) Effectively manage the work force;

10696

(9) Take actions to carry out the mission of the public	10697
employer as a governmental unit.	10698

The employer is not required to bargain on subjects reserved	10699
to the management and direction of the governmental unit ~~except as~~	10700
~~affect wages, hours, terms and conditions of employment, and the~~	10701
~~continuation, modification, or deletion of an existing provision~~	10702
~~of a collective bargaining agreement~~. A public employee or	10703
exclusive representative may raise a legitimate complaint or file	10704
a grievance based on the collective bargaining agreement.	10705

(D) During negotiations between a public employer and an	10706
exclusive representative, the parties shall consider, for purposes	10707
of determining the ability of the public employer to pay for any	10708
terms agreed to during collective bargaining, only the financial	10709
status of the public employer at the time period surrounding the	10710
negotiations. The parties shall not base the ability of the public	10711
employer to pay for those terms on any potential future increase	10712
in the income of the public employer that would only be possible	10713
by the employer obtaining funding from an outside source,	10714
including, but not limited to, the passage of a levy or a bond	10715
issue.	10716

(E) The provision of health care benefits for which the	10717
employer is required to pay more than eighty per cent of the cost	10718
is not an appropriate subject for collective bargaining. No public	10719
employer shall agree to a provision that requires the public	10720
employer to pay more than eighty per cent of the cost paid for	10721
health care benefits.	10722

Sec. 4117.081. (A) This section applies only to school	10723
districts, educational service centers, community schools	10724
established under Chapter 3314. of the Revised Code, and STEM	10725
schools established under Chapter 3326. of the Revised Code.	10726

(B) No public employer to which this section applies shall	10727
enter into a collective bargaining agreement on or after the	10728
effective date of this section that does any of the following:	10729

(1) Requires the public employer to employ a minimum number	10730
of total personnel or any category of personnel;	10731

(2) Restricts the authority of the public employer or a	10732
district or service center superintendent to assign personnel to	10733
school buildings or restricts the authority of a building	10734
principal to designate the responsibilities and workloads of	10735
personnel assigned to the building;	10736

(3) Establishes a maximum number of students who may be	10737
assigned to a classroom or teacher;	10738

(4) Prohibits the public employer from making reductions in	10739
teachers or nonteaching employees for any applicable reason	10740
specified in division (B) of section 124.321 or section 3319.17 or	10741
3319.172 of the Revised Code or in a policy adopted under section	10742
3319.171 of the Revised Code;	10743

(5) Restricts the authority of the public employer, when	10744
making personnel reductions, to determine the order of layoffs;	10745

(6) Restricts the authority of the public employer to acquire	10746
noneducational services from another public or private entity	10747
through competitive bidding;	10748

(7) Otherwise relinquishes, impairs, or restricts the	10749
managerial rights and responsibilities of the public employer	10750
described in division (C) of section 4117.08 of the Revised Code.	10751

(C) A public employer to which this section applies shall not	10752
engage in collective bargaining with its employees regarding	10753
health insurance benefits or teacher salaries.	10754

(D)(1) Except as otherwise provided in division (D)(2) of	10755
this section, each collective bargaining agreement entered into on	10756
or after the effective date of this section between a public	10757
employer to which this section applies and its employees shall	10758
comply with all applicable state or local laws or ordinances	10759
regarding wages, hours, and terms and conditions of employment of	10760
public employees.	10761

(2) A collective bargaining agreement entered into on or	10762
after the effective date of this section may include a provision	10763
that conflicts with an applicable law or ordinance, if the	10764
provision establishes benefits that are less than the benefits	10765
conferred by the law or ordinance and division (A) of section	10766
4117.10 of the Revised Code does not require that the law or	10767
ordinance prevail over the conflicting provision. Any provision of	10768
the agreement that conflicts with an applicable law or ordinance	10769
and does not meet these requirements shall be void.	10770

(E) Notwithstanding division (A)(5) of section 4117.11 of the	10771
Revised Code, a public employer to which this section applies is	10772
not required to, and may refuse to, collectively bargain on the	10773
continuation, modification, or termination of a provision of an	10774
existing collective bargaining agreement, except when the	10775
continuation, modification, or termination of the provision is	10776
being addressed during negotiations for a successor agreement.	10777

Sec. 4117.09. (A) The parties to any collective bargaining	10778
agreement shall reduce the agreement to writing and both execute	10779
it.	10780

(B) The agreement shall contain a provision that:

10781

(1) Provides for a grievance procedure which may culminate	10782
with final and binding arbitration of unresolved grievances, and	10783
disputed interpretations of agreements, and which is valid and	10784
enforceable under its terms when entered into in accordance with	10785
this chapter. No publication thereof is required to make it	10786
effective. A party to the agreement may bring suits for violation	10787
of agreements or the enforcement of an award by an arbitrator in	10788
the court of common pleas of any county wherein a party resides or	10789
transacts business.	10790

(2) Authorizes the public employer to deduct the periodic	10791
dues, initiation fees, and assessments of members of the exclusive	10792
representative upon presentation of a written deduction	10793
authorization by the employee.	10794

(C) The agreement may contain a provision that requires as a	10795
condition of employment, on or after a mutually agreed upon	10796
probationary period or sixty days following the beginning of	10797
employment, whichever is less, or the effective date of a	10798
collective bargaining agreement, whichever is later, that the	10799
employees in the unit who are not members of the employee	10800
organization pay to the employee organization a fair share fee.	10801
The arrangement does not require any employee to become a member	10802
of the employee organization, nor shall fair share fees exceed	10803
dues paid by members of the employee organization who are in the	10804
same bargaining unit. Any public employee organization	10805
representing public employees pursuant to this chapter shall	10806
prescribe an internal procedure to determine a rebate, if any, for	10807
nonmembers which conforms to federal law, provided a nonmember	10808
makes a timely demand on the employee organization. Absent	10809
arbitrary and capricious action, such determination is conclusive	10810
on the parties except that a challenge to the determination may be	10811
filed with the state employment relations board within thirty days	10812
of the determination date specifying the arbitrary or capricious	10813
nature of the determination and the board shall review the rebate	10814
determination and decide whether it was arbitrary or capricious.	10815
The deduction of a fair share fee by the public employer from the	10816
payroll check of the employee and its payment to the employee	10817
organization is automatic and does not require the written	10818
authorization of the employee.	10819

The internal rebate procedure shall provide for a rebate of	10820
expenditures in support of partisan politics or ideological causes	10821
not germaine to the work of employee organizations in the realm of	10822
collective bargaining.	10823

Any public employee who is a member of and adheres to	10824
established and traditional tenets or teachings of a bona fide	10825
religion or religious body which has historically held	10826
conscientious objections to joining or financially supporting an	10827
employee organization and which is exempt from taxation under the	10828
provisions of the Internal Revenue Code shall not be required to	10829
join or financially support any employee organization as a	10830
condition of employment. Upon submission of proper proof of	10831
religious conviction to the board, the board shall declare the	10832
employee exempt from becoming a member of or financially	10833
supporting an employee organization. The employee shall be	10834
required, in lieu of the fair share fee, to pay an amount of money	10835
equal to the fair share fee to a nonreligious charitable fund	10836
exempt from taxation under section 501(c)(3) of the Internal	10837
Revenue Code mutually agreed upon by the employee and the	10838
representative of the employee organization to which the employee	10839
would otherwise be required to pay the fair share fee. The	10840
employee shall furnish to the employee organization written	10841
receipts evidencing such payment, and failure to make the payment	10842
or furnish the receipts shall subject the employee to the same	10843
sanctions as would nonpayment of dues under the applicable	10844
collective bargaining agreement.	10845

No public employer shall agree to a provision requiring that	10846
a public employee become a member of an employee organization as a	10847
condition for securing or retaining employment. Any agreement that	10848
purports to require that employees join any exclusive	10849
representative is void and unenforceable.	10850

(D) As used in this division, "teacher" means any employee of	10851
a school district certified to teach in the public schools of this	10852
state.	10853

The agreement may contain a provision that provides for a	10854
peer review plan under which teachers in a bargaining unit or	10855
representatives of an employee organization representing teachers	10856
may, for other teachers of the same bargaining unit or teachers	10857
whom the employee organization represents, participate in	10858
assisting, instructing, reviewing, evaluating, or appraising and	10859
make recommendations or participate in decisions with respect to	10860
the retention, discharge, renewal, or nonrenewal of, the teachers	10861
covered by a peer review plan.	10862

The participation of teachers or their employee organization	10863
representative in a peer review plan permitted under this division	10864
shall not be construed as an unfair labor practice under this	10865
chapter or as a violation of any other provision of law or rule	10866
adopted pursuant thereto.	10867

(E) No agreement shall contain an expiration date that is	10868
later than three years from the date of execution. The parties may	10869
extend any agreement, but the extensions do not affect the	10870
expiration date of the original agreement.	10871

(F) No public employer shall agree to a provision that	10872
requires the public employer, when a reduction in force is	10873
necessary, to use an employee's length of service as the only	10874
factor to determine whether to lay off the employee.	10875

Sec. 4117.10. (A) An agreement between a public employer and	10876
an exclusive representative entered into pursuant to this chapter	10877
governs the wages, hours, and terms and conditions of public	10878
employment covered by the agreement. If the agreement provides for	10879
a final and binding arbitration of grievances, public employers,	10880
employees, and employee organizations are subject solely to that	10881
grievance procedure and the state personnel board of review or	10882
civil service commissions have no jurisdiction to receive and	10883
determine any appeals relating to matters that were the subject of	10884
a final and binding grievance procedure. Where no agreement exists	10885
or where an agreement makes no specification about a matter, the	10886
public employer and public employees are subject to all applicable	10887
state or local laws or ordinances pertaining to the wages, hours,	10888
and terms and conditions of employment for public employees. ~~Laws~~	10889
All of the following prevail over conflicting provisions of	10890
agreements between employee organizations and public employers:	10891

(1) Laws pertaining to ~~civil~~any of the following subjects:

10892

(a) Civil rights~~, affirmative~~;

10893

(b) Affirmative action~~, unemployment~~;

10894

10895

(d) Workers' compensation~~, the~~;

10896

(e) The retirement of public employees~~, and residency~~;

10897

(f) The provision of health care benefits to public	10898
employees;	10899

(g) Residency requirements~~, the~~;

10900

(h) The minimum educational requirements contained in the	10901
Revised Code pertaining to public education including the	10902
requirement of a certificate by the fiscal officer of a school	10903
district pursuant to section 5705.41 of the Revised Code~~, the~~;	10904

(i) The provisions of division (A) of section 124.34 of the	10905
Revised Code governing the disciplining of officers and employees	10906
who have been convicted of a felony~~, and the~~;	10907

(j) The minimum standards promulgated by the state board of	10908
education pursuant to division (D) of section 3301.07 of the	10909
Revised Code ~~prevail over conflicting provisions of agreements~~	10910
~~between employee organizations and public employers~~. ~~The~~	10911

(2) The law pertaining to the leave of absence and	10912
compensation provided under section 5923.05 of the Revised Code	10913
~~prevails over any conflicting provisions of such agreements if the~~	10914
~~terms of the agreement contain benefits which are less than those~~	10915
~~contained in that section or the agreement contains no such terms~~	10916
~~and the public authority is the state or any agency, authority,~~	10917
~~commission, or board of the state or~~, if the public ~~authority is~~	10918
~~another entity listed in division (B) of section 4117.01 of the~~	10919
~~Revised Code that~~employer elects to provide leave of absence and	10920
compensation as provided in section 5923.05 of the Revised Code.	10921
~~The~~;	10922

(3) The law pertaining to the leave established under section	10923
5906.02 of the Revised Code ~~prevails over any conflicting~~	10924
~~provision of an agreement between an employee organization and~~	10925
~~public employer~~ if the terms of the agreement contain benefits	10926
that are less than those contained in section 5906.02 of the	10927
Revised Code. ~~Except~~	10928

Except for sections 306.08, 306.12, 306.35, and 4981.22 of	10929
the Revised Code and arrangements entered into thereunder, and	10930
section 4981.21 of the Revised Code as necessary to comply with	10931
section 13(c) of the "Urban Mass Transportation Act of 1964," 87	10932
Stat. 295, 49 U.S.C.A. 1609(c), as amended, and arrangements	10933
entered into thereunder, this chapter prevails over any and all	10934
other conflicting laws, resolutions, provisions, present or	10935
future, except as otherwise specified in this chapter or as	10936
otherwise specified by the general assembly. Nothing in this	10937
section prohibits or shall be construed to invalidate the	10938
provisions of an agreement establishing supplemental workers'	10939
compensation or unemployment compensation benefits or exceeding	10940
minimum requirements contained in the Revised Code pertaining to	10941
public education or the minimum standards promulgated by the state	10942
board of education pursuant to division (D) of section 3301.07 of	10943
the Revised Code.	10944

(B) The public employer shall submit a request for funds	10945
necessary to implement an agreement and for approval of any other	10946
matter requiring the approval of the appropriate legislative body	10947
to the legislative body within fourteen days of the date on which	10948
the parties finalize the agreement, unless otherwise specified,	10949
but if the appropriate legislative body is not in session at the	10950
time, then within fourteen days after it convenes. The legislative	10951
body must approve or reject the submission as a whole, and the	10952
submission is deemed approved if the legislative body fails to act	10953
within thirty days after the public employer submits the	10954
agreement. The parties may specify that those provisions of the	10955
agreement not requiring action by a legislative body are effective	10956
and operative in accordance with the terms of the agreement,	10957
provided there has been compliance with division (C) of this	10958
section. If the legislative body rejects the submission of the	10959
public employer, either party may reopen all or part of the entire	10960
agreement.	10961

As used in this section, "legislative body" includes the	10962
governing board of a municipal corporation, school district,	10963
college or university, village, township, or board of county	10964
commissioners or any other body that has authority to approve the	10965
budget of their public jurisdiction ~~and, with regard to the state,~~	10966
~~"legislative body" means the controlling board~~.	10967

(C) The chief executive officer, or the chief executive	10968
officer's representative, of each municipal corporation, the	10969
designated representative of the board of education of each school	10970
district~~, college or university,~~ or any other body that has	10971
authority to approve the budget of their public jurisdiction, the	10972
designated representative of the board of county commissioners and	10973
of each elected officeholder of the county whose employees are	10974
covered by the collective negotiations, and the designated	10975
representative of the village or the board of township trustees of	10976
each township is responsible for negotiations in the collective	10977
bargaining process; except that the legislative body may accept or	10978
reject a proposed collective bargaining agreement. When the	10979
matters about which there is agreement are reduced to writing and	10980
approved by the employee organization and the legislative body,	10981
the agreement is binding upon the legislative body, the employer,	10982
and the employee organization and employees covered by the	10983
agreement.	10984

~~(D) There is hereby established an office of collective~~	10985
~~bargaining in the department of administrative services for the~~	10986
~~purpose of negotiating with and entering into written agreements~~	10987
~~between state agencies, departments, boards, and commissions and~~	10988
~~the exclusive representative on matters of wages, hours, terms and~~	10989
~~other conditions of employment and the continuation, modification,~~	10990
~~or deletion of an existing provision of a collective bargaining~~	10991
~~agreement. Nothing in any provision of law to the contrary shall~~	10992
~~be interpreted as excluding the bureau of workers' compensation~~	10993
~~and the industrial commission from the preceding sentence. This~~	10994
~~office shall not negotiate on behalf of other statewide elected~~	10995
~~officials or boards of trustees of state institutions of higher~~	10996
~~education who shall be considered as separate public employers for~~	10997
~~the purposes of this chapter; however, the office may negotiate on~~	10998
~~behalf of these officials or trustees where authorized by the~~	10999
~~officials or trustees. The staff of the office of collective~~	11000
~~bargaining are in the unclassified service. The director of~~	11001
~~administrative services shall fix the compensation of the staff.~~	11002

~~The office of collective bargaining shall:~~

11003

~~(1) Assist the director in formulating management's~~	11004
~~philosophy for public collective bargaining as well as planning~~	11005
~~bargaining strategies;~~	11006

~~(2) Conduct negotiations with the exclusive representatives~~	11007
~~of each employee organization;~~	11008

~~(3) Coordinate the state's resources in all mediation,~~	11009
~~fact-finding, and arbitration cases as well as in all labor~~	11010
~~disputes;~~	11011

~~(4) Conduct systematic reviews of collective bargaining~~	11012
~~agreements for the purpose of contract negotiations;~~	11013

~~(5) Coordinate the systematic compilation of data by all~~	11014
~~agencies that is required for negotiating purposes;~~	11015

~~(6) Prepare and submit an annual report and other reports as~~	11016
~~requested to the governor and the general assembly on the~~	11017
~~implementation of this chapter and its impact upon state~~	11018
~~government.~~	11019

Sec. 4117.104. Notwithstanding any provision of section	11020
4117.08 or 4117.10 of the Revised Code to the contrary, no	11021
agreement entered into under this chapter on or after the	11022
effective date of this section shall prohibit a public employer	11023
that the auditor of state has declared to be in a state of fiscal	11024
emergency from serving a written notice to terminate, modify, or	11025
negotiate a collective bargaining agreement pursuant to section	11026
4117.14 of the Revised Code. If the public employer sends such a	11027
notice, the parties may collectively bargain and enter into a new	11028
collective bargaining agreement pursuant to section 4117.14 of the	11029
Revised Code.	11030

Sec. 4117.11. (A) It is an unfair labor practice for a	11031
public employer, its agents, or representatives to:	11032

(1) Interfere with, restrain, or coerce employees in the	11033
exercise of the rights guaranteed in Chapter 4117. of the Revised	11034
Code or an employee organization in the selection of its	11035
representative for the purposes of collective bargaining or the	11036
adjustment of grievances;	11037

(2) Initiate, create, dominate, or interfere with the	11038
formation or administration of any employee organization, or	11039
contribute financial or other support to it; except that a public	11040
employer may permit employees to confer with it during working	11041
hours without loss of time or pay, permit the exclusive	11042
representative to use the facilities of the public employer for	11043
membership or other meetings, or permit the exclusive	11044
representative to use the internal mail system or other internal	11045
communications system;	11046

(3) Discriminate in regard to hire or tenure of employment or	11047
any term or condition of employment on the basis of the exercise	11048
of rights guaranteed by Chapter 4117. of the Revised Code. Nothing	11049
precludes any employer from making and enforcing an agreement	11050
pursuant to division (C) of section 4117.09 of the Revised Code.	11051

(4) Discharge or otherwise discriminate against an employee	11052
because hethe employee has filed charges or given testimony under	11053
Chapter 4117. of the Revised Code;	11054

(5) Refuse to bargain collectively with the representative of	11055
~~his~~the employer's employees recognized as the exclusive	11056
representative or certified pursuant to Chapter 4117. of the	11057
Revised Code;	11058

(6) Establish a pattern or practice of repeated failures to	11059
timely process grievances and requests for arbitration of	11060
grievances;	11061

(7) Lock out or otherwise prevent employees from performing	11062
their regularly assigned duties where an object thereof is to	11063
bring pressure on the employees or an employee organization to	11064
compromise or capitulate to the employer's terms regarding a labor	11065
relations dispute;	11066

(8) Cause or attempt to cause an employee organization, its	11067
agents, or representatives to violate division (B) of this	11068
section.	11069

(B) It is an unfair labor practice for an employee	11070
organization, its agents, or representatives, or public employees	11071
to:	11072

(1) Restrain or coerce employees in the exercise of the	11073
rights guaranteed in Chapter 4117. of the Revised Code. This	11074
division does not impair the right of an employee organization to	11075
prescribe its own rules with respect to the acquisition or	11076
retention of membership therein, or an employer in the selection	11077
of ~~his~~the employer's representative for the purpose of collective	11078
~~brgaining~~bargaining or the adjustment of grievances.	11079

(2) Cause or attempt to cause an employer to violate division	11080
(A) of this section;	11081

(3) Refuse to bargain collectively with a public employer if	11082
the employee organization is recognized as the exclusive	11083
representative or certified as the exclusive representative of	11084
public employees in a bargaining unit;	11085

(4) Call, institute, maintain, or conduct a boycott against	11086
any public employer, or picket any place of business of a public	11087
employer, on account of any jurisdictional work dispute;	11088

(5) Induce or encourage any individual employed by any person	11089
to engage in a strike in violation of Chapter 4117. of the Revised	11090
Code or refusal to handle goods or perform services; or threaten,	11091
coerce, or restrain any person where an object thereof is to force	11092
or require any public employee to cease dealing or doing business	11093
with any other person, or force or require a public employer to	11094
recognize for representation purposes an employee organization not	11095
certified by the state employment relations board;	11096

(6) Fail to fairly represent all public employees in a	11097
bargaining unit;	11098

(7) Induce or encourage any individual in connection with a	11099
labor relations dispute to picket the residence or any place of	11100
private employment of any public official or representative of the	11101
public employer;	11102

(8) Engage in any picketing, striking, or other concerted	11103
refusal to work without giving written notice to the public	11104
employer and to the state employment relations board not less than	11105
ten days prior to the action. The notice shall state the date and	11106
time that the action will commence and, once the notice is given,	11107
the parties may extend it by the written agreement of both.	11108

(C) The expressing of any views, argument, or opinion, or the	11109
dissemination thereof, whether in written, printed, graphic, or	11110
visual form, shall not constitute or be evidence of an unfair	11111
labor practice under this chapter, if that expression contains no	11112
threat of reprisal or force or promise of benefit.	11113

(D) The determination by the board or any court that a public	11114
officer or employee has committed any of the acts prohibited by	11115
divisions (A) and (B) of this section shall not be made the basis	11116
of any charge for the removal from office or recall of the public	11117
officer or the suspension from or termination of employment of or	11118
disciplinary acts against an employee, nor shall the officer or	11119
employee be found subject to any suit for damages based on such a	11120
determination; however nothing in this division prevents any party	11121
to a collective bargaining agreement from seeking enforcement or	11122
damages for a violation thereof against the other party to the	11123
agreement.	11124

~~(D)~~(E) As to jurisdictional work disputes, the board shall	11125
hear and determine the dispute unless, within ten days after	11126
notice to the board by a party to the dispute that a dispute	11127
exists, the parties to the dispute submit to the board	11128
satisfactory evidence that they have adjusted, or agreed upon the	11129
method for the voluntary adjustment of, the dispute.	11130

Sec. 4117.14. (A) The procedures contained in this section	11131
govern the settlement of disputes between an exclusive	11132
representative and a public employer concerning the termination or	11133
modification of an existing collective bargaining agreement or	11134
negotiation of a successor agreement, or the negotiation of an	11135
initial collective bargaining agreement.	11136

(B)(1) In those cases where there exists a collective	11137
bargaining agreement, any public employer or exclusive	11138
representative desiring to terminate, modify, or negotiate a	11139
successor collective bargaining agreement shall:	11140

(a) Serve written notice upon the other party of the proposed	11141
termination, modification, or successor agreement. The party must	11142
serve the notice not less than sixty days prior to the expiration	11143
date of the existing agreement or, in the event the existing	11144
collective bargaining agreement does not contain an expiration	11145
date, not less than sixty days prior to the time it is proposed to	11146
make the termination or modifications or to make effective a	11147
successor agreement.	11148

(b) Offer to bargain collectively with the other party for	11149
the purpose of modifying or terminating any existing agreement or	11150
negotiating a successor agreement;	11151

(c) Notify the state employment relations board of the offer	11152
by serving upon the board a copy of the written notice to the	11153
other party and a copy of the existing collective bargaining	11154
agreement.	11155

(2) In the case of initial negotiations between a public	11156
employer and an exclusive representative, where a collective	11157
bargaining agreement has not been in effect between the parties,	11158
any party may serve notice upon the board and the other party	11159
setting forth the names and addresses of the parties and offering	11160
to meet, for a period of ninety days, with the other party for the	11161
purpose of negotiating a collective bargaining agreement.	11162

If the settlement procedures specified in divisions (B),and	11163
(C)~~, and (D)~~ of this section govern the parties, where those	11164
procedures refer to the expiration of a collective bargaining	11165
agreement, it means the expiration of the sixty-day period to	11166
negotiate a collective bargaining agreement referred to in this	11167
subdivision, or in the case of initial negotiations, it means the	11168
ninety-day period referred to in this subdivision.	11169

(3) The parties shall continue in full force and effect all	11170
the terms and conditions of any existing collective bargaining	11171
agreement, without resort to strike or lock-out, for a period of	11172
sixty days after the party gives notice or until the expiration	11173
date of the collective bargaining agreement, whichever occurs	11174
later, or for a period of ninety days where applicable.	11175

(4) ~~Upon~~Except as otherwise provided in division (B)(4) of	11176
this section, upon receipt of the notice, the parties shall enter	11177
into collective bargaining. Notwithstanding divisions (A)(5) and	11178
(B)(3) of section 4117.11 of the Revised Code, neither a public	11179
employer nor an exclusive representative is required to, and may	11180
refuse to, collectively bargain on the continuation, modification,	11181
or termination of a provision of an existing agreement, unless the	11182
parties are addressing the continuation, modification, or	11183
termination of the provision during negotiations for a successor	11184
agreement.	11185

(C) In the event the parties are unable to reach an	11186
agreement, they may submit~~, at any time prior to forty-five days~~	11187
~~before the expiration date of the collective bargaining agreement,~~	11188
the issues in dispute to any mutually agreed upon dispute	11189
settlement procedure which supersedes the procedures contained in	11190
this section. If the parties submit the issues in dispute to a	11191
settlement procedure pursuant to division (C)(1) of this section,	11192
the public employer promptly shall post in a conspicuous location	11193
on the web site maintained by the public employer the terms of the	11194
last collective bargaining agreement offered by the public	11195
employer and the terms of the last collective bargaining agreement	11196
offered by the exclusive representative.	11197

(1) The procedures may include:

11198

(a) Conventional arbitration of all unsettled issues;

11199

(b) Arbitration confined to a choice between the last offer	11200
of each party to the agreement as a single package;	11201

(c) Arbitration confined to a choice of the last offer of	11202
each party to the agreement on each issue submitted;	11203

(d) The procedures described in division (C)(1)(a), (b), or	11204
(c) of this section and including among the choices for the	11205
arbitrator, the recommendations of the fact finder, if there are	11206
recommendations, either as a single package or on each issue	11207
submitted;	11208

(e) Settlement by a citizens' conciliation council composed	11209
of three residents within the jurisdiction of the public employer.	11210
The public employer shall select one member and the exclusive	11211
representative shall select one member. The two members selected	11212
shall select the third member who shall chair the council. If the	11213
two members cannot agree upon a third member within five days	11214
after their appointments, the board shall appoint the third	11215
member. Once appointed, the council shall make a final settlement	11216
of the issues submitted to it pursuant to division (G) of this	11217
section.	11218

(f) Any other dispute settlement procedure mutually agreed to	11219
by the parties.	11220

(2) If, fifty days before the expiration date of the	11221
collective bargaining agreement, the parties are unable to reach	11222
an agreement, any party may request the state employment relations	11223
board to intervene. The request shall set forth the names and	11224
addresses of the parties, the issues involved, and, if applicable,	11225
the expiration date of any agreement.	11226

The board shall intervene and investigate the dispute to	11227
determine whether the parties have engaged in collective	11228
bargaining.	11229

If an impasse exists or forty-five days before the expiration	11230
date of the collective bargaining agreement if one exists, the	11231
board shall appoint a mediator to assist the parties in the	11232
collective bargaining process. As used in division (C)(2) of this	11233
section, "impasse" means the failure of the public employer and	11234
exclusive representative to achieve agreement in the course of	11235
good faith bargaining for ninety days.	11236

If the board appoints a mediator pursuant to division (C)(2)	11237
of this section, the board and the public employer promptly shall	11238
post in a conspicuous location on the web site maintained by the	11239
board or public employer, respectively, the terms of the last	11240
collective bargaining agreement offered by the public employer and	11241
the terms of the last collective bargaining agreement offered by	11242
the exclusive representative.	11243

(3) Any time after the appointment of a mediator, either	11244
party may request the appointment of a fact-finding panel. Within	11245
fifteen days after receipt of a request for a fact-finding panel,	11246
the board shall appoint a fact-finding panel of not more than	11247
three members who have been selected by the parties in accordance	11248
with rules established by the board, from a list of qualified	11249
persons maintained by the board. If either party requests the	11250
appointment of a fact-finding panel pursuant to division (C)(3) of	11251
this section, the board and the public employer promptly shall	11252
post in a conspicuous location on the web site maintained by the	11253
board or public employer, respectively, the terms of the last	11254
collective bargaining agreement offered by the public employer and	11255
the terms of the last collective bargaining agreement offered by	11256
the exclusive representative.	11257

(a) The fact-finding panel shall, in accordance with rules	11258
and procedures established by the board that include the	11259
regulation of costs and expenses of fact-finding, gather facts and	11260
make recommendations for the resolution of the matter. The board	11261
shall by its rules require each party to specify in writing the	11262
unresolved issues and its position on each issue to the	11263
fact-finding panel. The fact-finding panel shall make final	11264
recommendations as to all the unresolved issues.	11265

(b) The board may continue mediation, order the parties to	11266
engage in collective bargaining until the expiration date of the	11267
agreement, or both.	11268

(4) The following guidelines apply to fact-finding:

11269

(a) The fact-finding panel may establish times and place of	11270
hearings which shall be, where feasible, in the jurisdiction of	11271
the state.	11272

(b) The fact-finding panel shall conduct the hearing pursuant	11273
to rules established by the board.	11274

(c) Upon request of the fact-finding panel, the board shall	11275
issue subpoenas for hearings conducted by the panel.	11276

(d) The fact-finding panel may administer oaths.

11277

(e) The board shall prescribe guidelines for the fact-finding	11278
panel to follow in making findings. In making its recommendations,	11279
the fact-finding panel shall take into consideration the factors	11280
listed in ~~divisions~~division (G)(7)~~(a) to (f)~~ of this section.	11281

(f) The fact-finding panel may attempt mediation at any time	11282
during the fact-finding process. From the time of appointment	11283
until the fact-finding panel makes a final recommendation, it	11284
shall not discuss the recommendations for settlement of the	11285
dispute with parties other than the direct parties to the dispute.	11286

(5) The fact-finding panel, acting by a majority of its	11287
members, shall transmit its findings of fact and recommendations	11288
on the unresolved issues to the public employer and employee	11289
organization involved and to the board no later than ~~fourteen~~	11290
thirty days after the appointment of the fact-finding panel,	11291
unless the parties mutually agree to an extension. The	11292
fact-finding panel shall include with its findings of fact and	11293
recommendations a written report explaining how each of the	11294
factors listed in division (G)(7) of this section factored into	11295
the panel's findings of fact and recommendations. The parties	11296
shall share the cost of the fact-finding panel in a manner agreed	11297
to by the parties.	11298

(6)(a) ~~Not~~Except with respect to the public employees listed	11299
in division (D)(2) of this section, not later than seven days	11300
after the findings and recommendations are sent, the legislative	11301
body, by a three-fifths vote of its total membership, and in the	11302
case of the public employee organization, the membership, by a	11303
three-fifths vote of the total membership, may reject the	11304
recommendations~~; if~~. If neither rejects the recommendations, the	11305
recommendations shall be deemed agreed upon as the final	11306
resolution of the issues submitted and a collective bargaining	11307
agreement shall be executed between the parties, including the	11308
fact-finding panel's recommendations, except as otherwise modified	11309
by the parties by mutual agreement. If either the legislative body	11310
or the public employee organization rejects the recommendations,	11311
the board shall publicize the findings of fact and recommendations	11312
of the fact-finding panel, and the public employer may implement,	11313
in whole or in part, any recommendation of the fact-finding panel	11314
approved by the legislative body. The board shall adopt rules	11315
governing the procedures and methods for public employees to vote	11316
on the recommendations of the fact-finding panel.	11317

(b) With respect to the public employees listed in division	11318
(D)(2) of this section, not later than seven days after the	11319
findings and recommendations are sent, the legislative body, by a	11320
three-fifths vote of its total membership, and in the case of the	11321
public employee organization, the membership, by a three-fifths	11322
vote of the total membership, may accept the recommendations. If	11323
either party does not accept the recommendations, the board shall	11324
publicize the findings of fact and recommendations of the	11325
fact-finding panel and the terms of the last collective bargaining	11326
agreements offered by the public employer and the public employee	11327
organization. A collective bargaining agreement shall be executed	11328
between the parties that contains the same terms as the collective	11329
bargaining agreement that was in effect prior to the appointment	11330
of the fact-finding panel and shall continue in effect for one	11331
year, or the public employer may implement, in whole or in part,	11332
any recommendation of the fact-finding panel approved by the	11333
legislative body while bargaining continues. In the case of	11334
initial negotiations between a public employer and an exclusive	11335
representative, after the board publicizes the findings of fact	11336
and recommendations of the fact-finding panel, no collective	11337
bargaining agreement shall be executed between the parties and the	11338
parties shall not attempt to negotiate a collective bargaining	11339
agreement again for not less than one year, or the public employer	11340
may implement in whole or in part any recommendation of the	11341
fact-finding panel approved by the legislative body while	11342
bargaining continues.	11343

~~As used in division (C)(6)(a) of this section, "legislative~~	11344
~~body" means the controlling board when the state or any of its~~	11345
~~agencies, authorities, commissions, boards, or other branch of~~	11346
~~public employment is party to the fact-finding process.~~	11347

(D)(1) If the parties are unable to reach agreement within	11348
seven days after the publication of findings and recommendations	11349
from the fact-finding panel or the collective bargaining	11350
agreement, if one exists, has expired, then the:	11351

~~(1) Public employees, who are members of a police or fire~~	11352
~~department, members of the state highway patrol, deputy sheriffs,~~	11353
~~dispatchers employed by a police, fire or sheriff's department or~~	11354
~~the state highway patrol or civilian dispatchers employed by a~~	11355
~~public employer other than a police, fire, or sheriff's department~~	11356
~~to dispatch police, fire, sheriff's department, or emergency~~	11357
~~medical or rescue personnel and units, an exclusive nurse's unit,~~	11358
~~employees of the state school for the deaf or the state school for~~	11359
~~the blind, employees of any public employee retirement system,~~	11360
~~corrections officers, guards at penal or mental institutions,~~	11361
~~special police officers appointed in accordance with sections~~	11362
~~5119.14 and 5123.13 of the Revised Code, psychiatric attendants~~	11363
~~employed at mental health forensic facilities, youth leaders~~	11364
~~employed at juvenile correctional facilities, or members of a law~~	11365
~~enforcement security force that is established and maintained~~	11366
~~exclusively by a board of county commissioners and whose members~~	11367
~~are employed by that board, shall submit the matter to a final~~	11368
~~offer settlement procedure pursuant to a board order issued~~	11369
~~forthwith to the parties to settle by a conciliator selected by~~	11370
~~the parties. The parties shall request from the board a list of~~	11371
~~five qualified conciliators and the parties shall select a single~~	11372
~~conciliator from the list by alternate striking of names. If the~~	11373
~~parties cannot agree upon a conciliator within five days after the~~	11374
~~board order, the board shall on the sixth day after its order~~	11375
~~appoint a conciliator from a list of qualified persons maintained~~	11376
~~by the board or shall request a list of qualified conciliators~~	11377
~~from the American arbitration association and appoint therefrom.~~	11378

~~(2) Public~~public employees other than those listed in	11379
division (D)~~(1)~~(2) of this section have the right to strike under	11380
Chapter 4117. of the Revised Code provided that the employee	11381
organization representing the employees has given a ten-day prior	11382
written notice of an intent to strike to the public employer and	11383
to the board, and further provided that the strike is for full,	11384
consecutive work days and the beginning date of the strike is at	11385
least ten work days after the ending date of the most recent prior	11386
strike involving the same bargaining unit; however, the board, at	11387
its discretion, may attempt mediation at any time.	11388

(2) Division (D)(1) of this section does not apply to any of	11389
the following public employees:	11390

(a) Members of a police or fire department;

11391

(b) Deputy sheriffs;

11392

(c) Dispatchers employed by a police, fire, or sheriff's	11393
department or civilian dispatchers employed by a public employer	11394
other than a police, fire, or sheriff's department to dispatch	11395
police, fire, sheriff's department, or emergency medical or rescue	11396
personnel and units;	11397

(d) An exclusive nurse's unit;

11398

(e) Corrections officers;

11399

(f) Guards at penal or mental institutions;

11400

(g) Psychiatric attendants employed at mental health forensic	11401
facilities;	11402

(h) Youth leaders employed at juvenile correctional	11403
facilities;	11404

(i) Members of a law enforcement security force that is	11405
established and maintained exclusively by a board of county	11406
commissioners and whose members are employed by that board.	11407

(E) Nothing in this section shall be construed to prohibit	11408
the parties, at any time, from voluntarily agreeing to submit any	11409
or all of the issues in dispute to any other alternative dispute	11410
settlement procedure. An agreement or statutory requirement to	11411
arbitrate or to settle a dispute pursuant to a final offer	11412
settlement procedure and the award issued in accordance with the	11413
agreement or statutory requirement is enforceable in the same	11414
manner as specified in division (B) of section 4117.09 of the	11415
Revised Code.	11416

Notwithstanding division (C) of this section, if an issue in	11417
dispute involves the compensation of the public employees employed	11418
by a public employer, and if an alternative dispute resolution	11419
procedure is used to resolve that issue, the mediator, arbitrator,	11420
or other individual administering the alternative dispute	11421
procedure shall take into account the compensation paid by the	11422
public employer to the public employer's public employees who are	11423
not members of the bargaining unit represented by the exclusive	11424
representative or who are members of that bargaining unit but who	11425
are not members of the exclusive representative.	11426

(F) Nothing in this section shall be construed to prohibit a	11427
party from seeking enforcement of a collective bargaining	11428
agreement or a ~~conciliator's~~citizens' conciliation council final	11429
offer settlement award as specified in division (B) of section	11430
4117.09 of the Revised Code.	11431

(G) The following guidelines apply to final offer settlement	11432
proceedings under division ~~(D)~~(C)(1)(e) of this section:	11433

(1) The parties shall submit to final offer settlement those	11434
issues that are subject to collective bargaining as provided by	11435
section 4117.08 of the Revised Code and upon which the parties	11436
have not reached agreement and other matters mutually agreed to by	11437
the public employer and the exclusive representative; except that	11438
the ~~conciliator~~council may attempt mediation at any time.	11439

(2) The ~~conciliator~~council shall hold a hearing within	11440
thirty days of the ~~board's order to submit to a final offer~~	11441
~~settlement procedure~~appointment of the council, or as soon	11442
thereafter as is practicable.	11443

(3) The ~~conciliator~~council shall conduct the hearing	11444
pursuant to rules developed by the board. The ~~conciliator~~council	11445
shall establish the hearing time and place, but it shall be, where	11446
feasible, within the jurisdiction of the state. Not later than	11447
five calendar days before the hearing, each of the parties shall	11448
submit to the ~~conciliator~~council, to the opposing party, and to	11449
the board, a written report summarizing the unresolved issues, the	11450
party's final offer as to the issues, and the rationale for that	11451
position.	11452

(4) Upon the request by the ~~conciliator~~council, the board	11453
shall issue subpoenas for the hearing.	11454

(5) The ~~conciliator~~council may administer oaths.

11455

(6) The ~~conciliator~~council shall hear testimony from the	11456
parties and provide for a written record to be made of all	11457
statements at the hearing. The board shall submit for inclusion in	11458
the record and for consideration by the ~~conciliator~~council the	11459
written report and recommendation of the fact-finders if such a	11460
report has been made.	11461

(7) After hearing, the ~~conciliator~~council shall resolve the	11462
dispute between the parties by selecting, on an issue-by-issue	11463
basis, from between each of the party's final settlement offers,	11464
taking into consideration the following factors:	11465

(a) Past collectively bargained agreements, if any, between	11466
the parties;	11467

(b) Comparison of the issues submitted to final offer	11468
settlement relative to the employees in the bargaining unit	11469
involved with those issues related to other public and private	11470
employees doing comparable work, giving consideration to factors	11471
peculiar to the area and classification involved;	11472

(c) The interests and welfare of the public,and the ability	11473
of the public employer to finance and administer the issues	11474
proposed~~, and the effect of the adjustments on the normal standard~~	11475
~~of public service~~;	11476

(d) The lawful authority of the public employer;

11477

(e) The stipulations of the parties;

11478

(f) The compensation paid by the public employer to the	11479
public employer's public employees who are not members of the	11480
bargaining unit represented by the exclusive representative or who	11481
are members of that bargaining unit but are not members of the	11482
exclusive representative;	11483

(g) Such other factors, not confined to those listed in this	11484
section, which are normally or traditionally taken into	11485
consideration in the determination of the issues submitted to	11486
final offer settlement through voluntary collective bargaining,	11487
mediation, fact-finding, or other impasse resolution procedures in	11488
the public service or in private employment.	11489

(8) Final offer settlement awards made under Chapter 4117. of	11490
the Revised Code are subject to Chapter 2711. of the Revised Code.	11491

(9) ~~If more than one conciliator is used, the~~The	11492
determination must be by majority vote.	11493

(10) The ~~conciliator~~council shall make written findings of	11494
fact and promulgate a written opinion and order upon the issues	11495
presented to the ~~conciliator~~council, and upon the record made	11496
before the ~~conciliator~~council and shall mail or otherwise deliver	11497
a true copy thereof to the parties and the board.	11498

(11) Increases in rates of compensation and other matters	11499
with cost implications awarded by the ~~conciliator~~council may be	11500
effective only at the start of the fiscal year next commencing	11501
after the date of the final offer settlement award; provided that	11502
if a new fiscal year has commenced since the ~~issuance of the board~~	11503
~~order to submit to a final offer settlement procedure~~appointment	11504
of the council, the awarded increases may be retroactive to the	11505
commencement of the new fiscal year. The parties may, at any time,	11506
amend or modify a ~~conciliator's~~council's award or order by mutual	11507
agreement.	11508

(12) The parties shall bear equally the cost of the final	11509
offer settlement procedure.	11510

~~(13) Conciliators appointed pursuant to this section shall be~~	11511
~~residents of the state.~~	11512

(H) All final offer settlement awards and orders of the	11513
~~conciliator~~council made pursuant to ~~Chapter 4117. of the Revised~~	11514
~~Code~~divisions (C)(1)(e) and (G) of this section are subject to	11515
review by the court of common pleas having jurisdiction over the	11516
public employer as provided in Chapter 2711. of the Revised Code.	11517
If the public employer is located in more than one court of common	11518
pleas district, the court of common pleas in which the principal	11519
office of the chief executive is located has jurisdiction.	11520

(I) The issuance of a final offer settlement award	11521
constitutes a binding mandate to the public employer and the	11522
exclusive representative to take whatever actions are necessary to	11523
implement the award.	11524

(J) Except as provided in division (C)(6)(b) of this section,	11525
seven days after the expiration date of a collective bargaining	11526
agreement or after the expiration of the time period described in	11527
division (B)(2) of this section, if the public employer and	11528
exclusive representative have not entered a new collective	11529
bargaining agreement, the board and the public employer promptly	11530
shall post in a conspicuous location on the web site maintained by	11531
the board or public employer, respectively, both the terms of the	11532
last collective bargaining agreement offered by the public	11533
employer and the terms of the last collective bargaining agreement	11534
offered by the exclusive representative.	11535

Sec. 4117.15. (A) Whenever a strike by ~~members of a police~~	11536
~~or fire department, members of the state highway patrol, deputy~~	11537
~~sheriffs, dispatchers employed by a police, fire or sheriff's~~	11538
~~department or the state highway patrol or civilian dispatchers~~	11539
~~employed by a public employer other than a police, fire, or~~	11540
~~sheriff's department to dispatch police, fire, sheriff's~~	11541
~~department, or emergency medical or rescue personnel and units, an~~	11542
~~exclusive nurse's unit, employees of the state school for the deaf~~	11543
~~or the state school for the blind, employees of any public~~	11544
~~employee retirement system, correction officers, guards at penal~~	11545
~~or mental institutions, or special police officers appointed in~~	11546
~~accordance with sections 5119.14 and 5123.13 of the Revised Code,~~	11547
~~psychiatric attendants employed at mental health forensic~~	11548
~~facilities, youth leaders employed at juvenile correctional~~	11549
~~facilities, or members of a law enforcement security force that is~~	11550
~~established and maintained exclusively by a board of county~~	11551
~~commissioners and whose members are employed by that board~~public	11552
employees listed in division (D)(2) of section 4117.14 of the	11553
Revised Code, a strike by other public employees during the	11554
pendency of the settlement procedures set forth in section 4117.14	11555
of the Revised Code, or a strike during the term or extended term	11556
of a collective bargaining agreement occurs, the public employer	11557
may seek an injunction against the strike in the court of common	11558
pleas of the county in which the strike is located.	11559

(B) An unfair labor practice by a public employer is not a	11560
defense to the injunction proceeding noted in division (A) of this	11561
section. Allegations of unfair labor practices during the	11562
settlement procedures set forth in section 4117.14 of the Revised	11563
Code shall receive priority by the state employment relations	11564
board.	11565

(C) No public employee is entitled to pay or compensation	11566
from the public employer for the period engaged in any strike.	11567

(D) During a strike by public employees, the public employer	11568
may hire any of the following people to replace the employees who	11569
participate in the strike:	11570

(1) Temporary replacement workers;

11571

(2) Permanent replacement workers;

11572

(3) Employees who are not represented by an employee	11573
organization;	11574

(4) Contract employees;

11575

(5) Employees who are members of the bargaining unit who	11576
choose to work instead of participating in the strike.	11577

Sec. 4117.20. (A) No person who is a member of the same	11578
local, state, national, or international organization as the	11579
employee organization with which the public employer is bargaining	11580
or who has an interest in the outcome of the bargaining, which	11581
interest is in conflict with the interest of the public employer,	11582
shall participate on behalf of the public employer in the	11583
collective bargaining process except that the person may, where	11584
entitled, vote on the ratification of an agreement.	11585

(B) No public official or employee shall participate on	11586
behalf of a public employer in the collective bargaining process	11587
with respect to any matter in which the official or employee, or	11588
the immediate family of the official or employee, has a direct	11589
interest in the outcome of the matter. As used in this division,	11590
"immediate family" has the same meaning as in section 102.01 of	11591
the Revised Code.	11592

(C) The public employer shall immediately remove from ~~his~~the	11593
person's role, if any, in the collective bargaining negotiations	11594
or in any matter in connection with negotiations any person who	11595
violates division (A) or (B) of this section.	11596

Sec. 4117.26. (A) As used in this section, "compensation"	11597
means wages, salary, and other earnings paid to a public employee	11598
by reason of employment. "Compensation" includes all of the	11599
following that are provided by a public employer to a public	11600
employee:	11601

(1) Allowances for food or drink;

11602

(2) Allowances or stipends for clothing;

11603

(3) Compensation in addition to base salary for labor	11604
performed or services rendered by the public employee, including	11605
any additional compensation paid for attending an event that	11606
occurs outside the public employee's normal work schedule;	11607

(4) Payments for length of service;

11608

(5) Allowances for dry cleaning services;

11609

(6) Insurance coverage, including health insurance, vision	11610
insurance, dental insurance, disability insurance, or life	11611
insurance;	11612

(7) Anything of value given to a public employee by a public	11613
employer for labor performed or services rendered by the public	11614
employee.	11615

(B) Beginning with the first collective bargaining agreement	11616
entered into on or after the effective date of this section	11617
between a public employer and an exclusive representative that	11618
represents public employees employed by the public employer, and	11619
for each collective bargaining agreement entered into thereafter,	11620
the public employer shall issue a report that lists all of the	11621
following:	11622

(1) Each provision in the collective bargaining agreement	11623
that affects the compensation paid by the public employer to the	11624
public employer's public employees;	11625

(2) A description of the changes in compensation paid to the	11626
public employer's public employees that are not addressed in the	11627
collective bargaining agreement but will occur during the time	11628
period the collective bargaining agreement is in effect;	11629

(3) Any material terms of the agreement.

11630

(C) Not more than thirty days after a public employer and the	11631
exclusive representative enter into the collective bargaining	11632
agreement, the public employer shall submit the report required	11633
under division (B) of this section to the state employment	11634
relations board and post a copy of the report in a conspicuous	11635
manner on the web site maintained by the public employer. Upon	11636
receipt of a report from a public employer, the board shall post a	11637
copy of the report in a conspicuous manner on the web site	11638
maintained by the board.	11639

(D)(1) If a change in compensation is to occur during the	11640
time period a collective bargaining agreement is in effect and	11641
that change was not included in the report described in division	11642
(B) of this section, or if the public employer and an exclusive	11643
representative enter into a modified collective bargaining	11644
agreement during that time period, the public employer shall do	11645
all of the following:	11646

(a) Update the report described in division (B) of this	11647
section;	11648

(b) Submit the updated report to the board not less than five	11649
days prior to the date the change or modified agreement is to take	11650
effect;	11651

(c) Post the updated report in a conspicuous manner on the	11652
web site maintained by the public employer not less than five days	11653
prior to the date the change or modified agreement is to take	11654
effect.	11655

(2) Upon receipt of an updated report under division (D)(1)	11656
of this section, the board shall post a copy of the report in a	11657
conspicuous manner on the web site maintained by the board.	11658

Sec. 4121.03. (A) The governor shall appoint from among the	11659
members of the industrial commission the chairperson of the	11660
industrial commission. The chairperson shall serve as chairperson	11661
at the pleasure of the governor. The chairperson is the head of	11662
the commission and its chief executive officer.	11663

(B) The chairperson shall appoint, after consultation with	11664
other commission members and obtaining the approval of at least	11665
one other commission member, an executive director of the	11666
commission. The executive director shall serve at the pleasure of	11667
the chairperson. The executive director, under the direction of	11668
the chairperson, shall perform all of the following duties:	11669

(1) Act as chief administrative officer for the commission;

11670

(2) Ensure that all commission personnel follow the rules of	11671
the commission;	11672

(3) Ensure that all orders, awards, and determinations are	11673
properly heard and signed, prior to attesting to the documents;	11674

(4) Coordinate, to the fullest extent possible, commission	11675
activities with the bureau of workers' compensation activities;	11676

(5) Do all things necessary for the efficient and effective	11677
implementation of the duties of the commission.	11678

The responsibilities assigned to the executive director of	11679
the commission do not relieve the chairperson from final	11680
responsibility for the proper performance of the acts specified in	11681
this division.	11682

11683

(1) Except as otherwise provided in this division, employ,	11684
promote, supervise, remove, and establish the compensation of all	11685
employees as needed in connection with the performance of the	11686
commission's duties under this chapter and Chapters 4123., 4127.,	11687
and 4131. of the Revised Code and may assign to them their duties	11688
to the extent necessary to achieve the most efficient performance	11689
of its functions, and to that end may establish, change, or	11690
abolish positions, and assign and reassign duties and	11691
responsibilities of every employee of the commission. The civil	11692
service status of any person employed by the commission prior to	11693
November 3, 1989, is not affected by this section. ~~Personnel~~	11694
~~employed by the bureau or the commission who are subject to~~	11695
~~Chapter 4117. of the Revised Code shall retain all of their rights~~	11696
~~and benefits conferred pursuant to that chapter as it presently~~	11697
~~exists or is hereafter amended and nothing in this chapter or~~	11698
~~Chapter 4123. of the Revised Code shall be construed as~~	11699
~~eliminating or interfering with Chapter 4117. of the Revised Code~~	11700
~~or the rights and benefits conferred under that chapter to public~~	11701
~~employees or to any bargaining unit.~~	11702

(2) Hire district and staff hearing officers after	11703
consultation with other commission members and obtaining the	11704
approval of at least one other commission member;	11705

(3) Fire staff and district hearing officers when the	11706
chairperson finds appropriate after obtaining the approval of at	11707
least one other commission member;	11708

(4) Maintain the office for the commission in Columbus;

11709

(5) To the maximum extent possible, use electronic data	11710
processing equipment for the issuance of orders immediately	11711
following a hearing, scheduling of hearings and medical	11712
examinations, tracking of claims, retrieval of information, and	11713
any other matter within the commission's jurisdiction, and shall	11714
provide and input information into the electronic data processing	11715
equipment as necessary to effect the success of the claims	11716
tracking system established pursuant to division (B)(15) of	11717
section 4121.121 of the Revised Code;	11718

(6) Exercise all administrative and nonadjudicatory powers	11719
and duties conferred upon the commission by Chapters 4121., 4123.,	11720
4127., and 4131. of the Revised Code;	11721

(7) Approve all contracts for special services.

11722

(D) The chairperson is responsible for all administrative	11723
matters and may secure for the commission facilities, equipment,	11724
and supplies necessary to house the commission, any employees, and	11725
files and records under the commission's control and to discharge	11726
any duty imposed upon the commission by law, the expense thereof	11727
to be audited and paid in the same manner as other state expenses.	11728
For that purpose, the chairperson, separately from the budget	11729
prepared by the administrator of workers' compensation and the	11730
budget prepared by the director of the workers' compensation	11731
council, shall prepare and submit to the office of budget and	11732
management a budget for each biennium according to sections	11733
101.532 and 107.03 of the Revised Code. The budget submitted shall	11734
cover the costs of the commission and staff and district hearing	11735
officers in the discharge of any duty imposed upon the	11736
chairperson, the commission, and hearing officers by law.	11737

(E) A majority of the commission constitutes a quorum to	11738
transact business. No vacancy impairs the rights of the remaining	11739
members to exercise all of the powers of the commission, so long	11740
as a majority remains. Any investigation, inquiry, or hearing that	11741
the commission may hold or undertake may be held or undertaken by	11742
or before any one member of the commission, or before one of the	11743
deputies of the commission, except as otherwise provided in this	11744
chapter and Chapters 4123., 4127., and 4131. of the Revised Code.	11745
Every order made by a member, or by a deputy, when approved and	11746
confirmed by a majority of the members, and so shown on its record	11747
of proceedings, is the order of the commission. The commission may	11748
hold sessions at any place within the state. The commission is	11749
responsible for all of the following:	11750

(1) Establishing the overall adjudicatory policy and	11751
management of the commission under this chapter and Chapters	11752
4123., 4127., and 4131. of the Revised Code, except for those	11753
administrative matters within the jurisdiction of the chairperson,	11754
bureau of workers' compensation, and the administrator of workers'	11755
compensation under those chapters;	11756

(2) Hearing appeals and reconsiderations under this chapter	11757
and Chapters 4123., 4127., and 4131. of the Revised Code;	11758

(3) Engaging in rulemaking where required by this chapter or	11759
Chapter 4123., 4127., or 4131. of the Revised Code.	11760

Sec. 4121.121. (A) There is hereby created the bureau of	11761
workers' compensation, which shall be administered by the	11762
administrator of workers' compensation. A person appointed to the	11763
position of administrator shall possess significant management	11764
experience in effectively managing an organization or	11765
organizations of substantial size and complexity. A person	11766
appointed to the position of administrator also shall possess a	11767
minimum of five years of experience in the field of workers'	11768
compensation insurance or in another insurance industry, except as	11769
otherwise provided when the conditions specified in division (C)	11770
of this section are satisfied. The governor shall appoint the	11771
administrator as provided in section 121.03 of the Revised Code,	11772
and the administrator shall serve at the pleasure of the governor.	11773
The governor shall fix the administrator's salary on the basis of	11774
the administrator's experience and the administrator's	11775
responsibilities and duties under this chapter and Chapters 4123.,	11776
4125., 4127., 4131., and 4167. of the Revised Code. The governor	11777
shall not appoint to the position of administrator any person who	11778
has, or whose spouse has, given a contribution to the campaign	11779
committee of the governor in an amount greater than one thousand	11780
dollars during the two-year period immediately preceding the date	11781
of the appointment of the administrator.	11782

The administrator shall hold no other public office and shall	11783
devote full time to the duties of administrator. Before entering	11784
upon the duties of the office, the administrator shall take an	11785
oath of office as required by sections 3.22 and 3.23 of the	11786
Revised Code, and shall file in the office of the secretary of	11787
state, a bond signed by the administrator and by surety approved	11788
by the governor, for the sum of fifty thousand dollars payable to	11789
the state, conditioned upon the faithful performance of the	11790
administrator's duties.	11791

(B) The administrator is responsible for the management of	11792
the bureau and for the discharge of all administrative duties	11793
imposed upon the administrator in this chapter and Chapters 4123.,	11794
4125., 4127., 4131., and 4167. of the Revised Code, and in the	11795
discharge thereof shall do all of the following:	11796

(1) Perform all acts and exercise all authorities and powers,	11797
discretionary and otherwise that are required of or vested in the	11798
bureau or any of its employees in this chapter and Chapters 4123.,	11799
4125., 4127., 4131., and 4167. of the Revised Code, except the	11800
acts and the exercise of authority and power that is required of	11801
and vested in the bureau of workers' compensation board of	11802
directors or the industrial commission pursuant to those chapters.	11803
The treasurer of state shall honor all warrants signed by the	11804
administrator, or by one or more of the administrator's employees,	11805
authorized by the administrator in writing, or bearing the	11806
facsimile signature of the administrator or such employee under	11807
sections 4123.42 and 4123.44 of the Revised Code.	11808

(2) Employ, direct, and supervise all employees required in	11809
connection with the performance of the duties assigned to the	11810
bureau by this chapter and Chapters 4123., 4125., 4127., 4131.,	11811
and 4167. of the Revised Code, including an actuary, and may	11812
establish job classification plans and compensation for all	11813
employees of the bureau ~~provided that this grant of authority~~	11814
~~shall not be construed as affecting any employee for whom the~~	11815
~~state employment relations board has established an appropriate~~	11816
~~bargaining unit under section 4117.06 of the Revised Code~~. All	11817
positions of employment in the bureau are in the classified civil	11818
service except those employees the administrator may appoint to	11819
serve at the administrator's pleasure in the unclassified civil	11820
service pursuant to section 124.11 of the Revised Code. The	11821
administrator shall fix the salaries of employees the	11822
administrator appoints to serve at the administrator's pleasure,	11823
including the chief operating officer, staff physicians, and other	11824
senior management personnel of the bureau and shall establish the	11825
compensation of staff attorneys of the bureau's legal section and	11826
their immediate supervisors, and take whatever steps are necessary	11827
to provide adequate compensation for other staff attorneys.	11828

The administrator may appoint a person who holds a certified	11829
position in the classified service within the bureau to a position	11830
in the unclassified service within the bureau. A person appointed	11831
pursuant to this division to a position in the unclassified	11832
service shall retain the right to resume the position and status	11833
held by the person in the classified service immediately prior to	11834
the person's appointment in the unclassified service, regardless	11835
of the number of positions the person held in the unclassified	11836
service. An employee's right to resume a position in the	11837
classified service may only be exercised when the administrator	11838
demotes the employee to a ~~pay range~~salary or wage lower than the	11839
employee's current ~~pay range~~salary or wage or revokes the	11840
employee's appointment to the unclassified service. An employee	11841
forfeits the right to resume a position in the classified service	11842
when the employee is removed from the position in the unclassified	11843
service due to incompetence, inefficiency, dishonesty,	11844
drunkenness, immoral conduct, insubordination, discourteous	11845
treatment of the public, neglect of duty, violation of this	11846
chapter or Chapter 124., 4123., 4125., 4127., 4131., or 4167. of	11847
the Revised Code, violation of the rules of the director of	11848
administrative services or the administrator, any other failure of	11849
good behavior, any other acts of misfeasance, malfeasance, or	11850
nonfeasance in office, or conviction of a felony. An employee also	11851
forfeits the right to resume a position in the classified service	11852
upon transfer to a different agency.	11853

Reinstatement to a position in the classified service shall	11854
be to a position substantially equal to that position in the	11855
classified service held previously, as certified by the department	11856
of administrative services. If the position the person previously	11857
held in the classified service has been placed in the unclassified	11858
service or is otherwise unavailable, the person shall be appointed	11859
to a position in the classified service within the bureau that the	11860
director of administrative services certifies is comparable in	11861
compensation to the position the person previously held in the	11862
classified service. Service in the position in the unclassified	11863
service shall be counted as service in the position in the	11864
classified service held by the person immediately prior to the	11865
person's appointment in the unclassified service. When a person is	11866
reinstated to a position in the classified service as provided in	11867
this division, the person is entitled to all rights, status, and	11868
benefits accruing to the position during the person's time of	11869
service in the position in the unclassified service.	11870

(3) Reorganize the work of the bureau, its sections,	11871
departments, and offices to the extent necessary to achieve the	11872
most efficient performance of its functions and to that end may	11873
establish, change, or abolish positions and assign and reassign	11874
duties and responsibilities of every employee of the bureau. All	11875
persons employed by the commission in positions that, after	11876
November 3, 1989, are supervised and directed by the administrator	11877
under this section are transferred to the bureau in their	11878
respective classifications but subject to reassignment and	11879
reclassification of position and compensation as the administrator	11880
determines to be in the interest of efficient administration. The	11881
civil service status of any person employed by the commission is	11882
not affected by this section. ~~Personnel employed by the bureau or~~	11883
~~the commission who are subject to Chapter 4117. of the Revised~~	11884
~~Code shall retain all of their rights and benefits conferred~~	11885
~~pursuant to that chapter as it presently exists or is hereafter~~	11886
~~amended and nothing in this chapter or Chapter 4123. of the~~	11887
~~Revised Code shall be construed as eliminating or interfering with~~	11888
~~Chapter 4117. of the Revised Code or the rights and benefits~~	11889
~~conferred under that chapter to public employees or to any~~	11890
~~bargaining unit.~~	11891

(4) Provide offices, equipment, supplies, and other	11892
facilities for the bureau.	11893

(5) Prepare and submit to the board information the	11894
administrator considers pertinent or the board requires, together	11895
with the administrator's recommendations, in the form of	11896
administrative rules, for the advice and consent of the board, for	11897
classifications of occupations or industries, for premium rates	11898
and contributions, for the amount to be credited to the surplus	11899
fund, for rules and systems of rating, rate revisions, and merit	11900
rating. The administrator shall obtain, prepare, and submit any	11901
other information the board requires for the prompt and efficient	11902
discharge of its duties.	11903

(6) Keep the accounts required by division (A) of section	11904
4123.34 of the Revised Code and all other accounts and records	11905
necessary to the collection, administration, and distribution of	11906
the workers' compensation funds and shall obtain the statistical	11907
and other information required by section 4123.19 of the Revised	11908
Code.	11909

(7) Exercise the investment powers vested in the	11910
administrator by section 4123.44 of the Revised Code in accordance	11911
with the investment policy approved by the board pursuant to	11912
section 4121.12 of the Revised Code and in consultation with the	11913
chief investment officer of the bureau of workers' compensation.	11914
The administrator shall not engage in any prohibited investment	11915
activity specified by the board pursuant to division (F)(9) of	11916
section 4121.12 of the Revised Code and shall not invest in any	11917
type of investment specified in divisions (B)(1) to (10) of	11918
section 4123.442 of the Revised Code. All business shall be	11919
transacted, all funds invested, all warrants for money drawn and	11920
payments made, and all cash and securities and other property	11921
held, in the name of the bureau, or in the name of its nominee,	11922
provided that nominees are authorized by the administrator solely	11923
for the purpose of facilitating the transfer of securities, and	11924
restricted to the administrator and designated employees.	11925

(8) Make contracts for and supervise the construction of any	11926
project or improvement or the construction or repair of buildings	11927
under the control of the bureau.	11928

(9) Purchase supplies, materials, equipment, and services;	11929
make contracts for, operate, and superintend the telephone, other	11930
telecommunication, and computer services for the use of the	11931
bureau; and make contracts in connection with office reproduction,	11932
forms management, printing, and other services. Notwithstanding	11933
sections 125.12 to 125.14 of the Revised Code, the administrator	11934
may transfer surplus computers and computer equipment directly to	11935
an accredited public school within the state. The computers and	11936
computer equipment may be repaired or refurbished prior to the	11937
transfer.	11938

(10) Prepare and submit to the board an annual budget for	11939
internal operating purposes for the board's approval. The	11940
administrator also shall, separately from the budget the	11941
industrial commission submits and from the budget the director of	11942
the workers' compensation council submits, prepare and submit to	11943
the director of budget and management a budget for each biennium.	11944
The budgets submitted to the board and the director shall include	11945
estimates of the costs and necessary expenditures of the bureau in	11946
the discharge of any duty imposed by law.	11947

(11) As promptly as possible in the course of efficient	11948
administration, decentralize and relocate such of the personnel	11949
and activities of the bureau as is appropriate to the end that the	11950
receipt, investigation, determination, and payment of claims may	11951
be undertaken at or near the place of injury or the residence of	11952
the claimant and for that purpose establish regional offices, in	11953
such places as the administrator considers proper, capable of	11954
discharging as many of the functions of the bureau as is	11955
practicable so as to promote prompt and efficient administration	11956
in the processing of claims. All active and inactive lost-time	11957
claims files shall be held at the service office responsible for	11958
the claim. A claimant, at the claimant's request, shall be	11959
provided with information by telephone as to the location of the	11960
file pertaining to the claimant's claim. The administrator shall	11961
ensure that all service office employees report directly to the	11962
director for their service office.	11963

(12) Provide a written binder on new coverage where the	11964
administrator considers it to be in the best interest of the risk.	11965
The administrator, or any other person authorized by the	11966
administrator, shall grant the binder upon submission of a request	11967
for coverage by the employer. A binder is effective for a period	11968
of thirty days from date of issuance and is nonrenewable. Payroll	11969
reports and premium charges shall coincide with the effective date	11970
of the binder.	11971

(13) Set standards for the reasonable and maximum handling	11972
time of claims payment functions, ensure, by rules, the impartial	11973
and prompt treatment of all claims and employer risk accounts, and	11974
establish a secure, accurate method of time stamping all incoming	11975
mail and documents hand delivered to bureau employees.	11976

(14) Ensure that all employees of the bureau follow the	11977
orders and rules of the commission as such orders and rules relate	11978
to the commission's overall adjudicatory policy-making and	11979
management duties under this chapter and Chapters 4123., 4127.,	11980
and 4131. of the Revised Code.	11981

(15) Manage and operate a data processing system with a	11982
common data base for the use of both the bureau and the commission	11983
and, in consultation with the commission, using electronic data	11984
processing equipment, shall develop a claims tracking system that	11985
is sufficient to monitor the status of a claim at any time and	11986
that lists appeals that have been filed and orders or	11987
determinations that have been issued pursuant to section 4123.511	11988
or 4123.512 of the Revised Code, including the dates of such	11989
filings and issuances.	11990

(16) Establish and maintain a medical section within the	11991
bureau. The medical section shall do all of the following:	11992

(a) Assist the administrator in establishing standard medical	11993
fees, approving medical procedures, and determining eligibility	11994
and reasonableness of the compensation payments for medical,	11995
hospital, and nursing services, and in establishing guidelines for	11996
payment policies which recognize usual, customary, and reasonable	11997
methods of payment for covered services;	11998

(b) Provide a resource to respond to questions from claims	11999
examiners for employees of the bureau;	12000

12001

(d) Implement a program to utilize, to the maximum extent	12002
possible, electronic data processing equipment for storage of	12003
information to facilitate authorizations of compensation payments	12004
for medical, hospital, drug, and nursing services;	12005

(e) Perform other duties assigned to it by the administrator.

12006

(17) Appoint, as the administrator determines necessary,	12007
panels to review and advise the administrator on disputes arising	12008
over a determination that a health care service or supply provided	12009
to a claimant is not covered under this chapter or Chapter 4123.,	12010
4127., or 4131. of the Revised Code or is medically unnecessary.	12011
If an individual health care provider is involved in the dispute,	12012
the panel shall consist of individuals licensed pursuant to the	12013
same section of the Revised Code as such health care provider.	12014

(18) Pursuant to section 4123.65 of the Revised Code, approve	12015
applications for the final settlement of claims for compensation	12016
or benefits under this chapter and Chapters 4123., 4127., and	12017
4131. of the Revised Code as the administrator determines	12018
appropriate, except in regard to the applications of self-insuring	12019
employers and their employees.	12020

(19) Comply with section 3517.13 of the Revised Code, and	12021
except in regard to contracts entered into pursuant to the	12022
authority contained in section 4121.44 of the Revised Code, comply	12023
with the competitive bidding procedures set forth in the Revised	12024
Code for all contracts into which the administrator enters	12025
provided that those contracts fall within the type of contracts	12026
and dollar amounts specified in the Revised Code for competitive	12027
bidding and further provided that those contracts are not	12028
otherwise specifically exempt from the competitive bidding	12029
procedures contained in the Revised Code.	12030

(20) Adopt, with the advice and consent of the board, rules	12031
for the operation of the bureau.	12032

(21) Prepare and submit to the board information the	12033
administrator considers pertinent or the board requires, together	12034
with the administrator's recommendations, in the form of	12035
administrative rules, for the advice and consent of the board, for	12036
the health partnership program and the qualified health plan	12037
system, as provided in sections 4121.44, 4121.441, and 4121.442 of	12038
the Revised Code.	12039

(C) The administrator, with the advice and consent of the	12040
senate, shall appoint a chief operating officer who has a minimum	12041
of five years of experience in the field of workers' compensation	12042
insurance or in another similar insurance industry if the	12043
administrator does not possess such experience. The chief	12044
operating officer shall not commence the chief operating officer's	12045
duties until after the senate consents to the chief operating	12046
officer's appointment. The chief operating officer shall serve in	12047
the unclassified civil service of the state.	12048

Sec. 4121.351. (A)(1) For purposes of this section, a	12049
hearing spike occurs when the number of claims ready for hearing	12050
on the last day of any calendar month exceeds by fifteen per cent	12051
the largest number of claims heard by full-time district and staff	12052
hearing officers in any of the preceding twelve calendar months. A	12053
hearing spike cannot occur for more than a total of six calendar	12054
months in any one calendar year.	12055

(2) This section does not apply when the number of claims	12056
ready for hearing on the last day of any calendar month does not	12057
exceed or no longer exceeds by fifteen per cent the largest number	12058
of claims heard by full-time district and staff hearing officers	12059
in any of the preceding twelve calendar months.	12060

(B)(1) When a hearing spike occurs, the industrial commission	12061
may enter into personal service contracts with attorneys engaged	12062
in the practice of law in this state to serve on a temporary basis	12063
as district or staff hearing officers under Chapters 4121., 4123.,	12064
4127., and 4131. of the Revised Code.	12065

(2) Before entering into personal service contracts as	12066
provided in division (B)(1) of this section, the commission first	12067
shall attempt to resolve the hearing spike by utilizing all	12068
current full-time employees and resources of the commission ~~under~~	12069
~~the constraints of any current collective bargaining agreement~~,	12070
including the offer of overtime to current district and staff	12071
hearing officers.	12072

(C) During the time when a hearing spike is in effect, the	12073
commission shall prepare monthly, written reports and shall submit	12074
those reports to the governor, the president of the senate, and	12075
the speaker of the house of representatives certifying all of the	12076
following:	12077

(1) All attempts to utilize full-time employees of the	12078
commission, including the offer of overtime to current full-time	12079
district and staff hearing officers, have failed to resolve the	12080
hearing spike;	12081

(2) The number of personal service contract attorneys used by	12082
the commission, their names, and the actual number of hearings in	12083
each hearing category conducted by each personal service contract	12084
attorney in that calendar month;	12085

(3) The amount of money paid by the commission to each	12086
personal service contract attorney for that month;	12087

(4) Personal service contract attorneys have not been used	12088
for more than a total of six calendar months of the preceding	12089
calendar year.	12090

(D) The commission's authority to enter into additional	12091
personal service contracts pursuant to division (B) of this	12092
section shall cease until the beginning of the next calendar year	12093
if the commission reaches its allotment of six calendar months	12094
during any calendar year for the use of personal service contract	12095
attorneys.	12096

(E) If any party to hearing before a personal service	12097
contract attorney hired pursuant to division (B) of this section	12098
objects to a hearing before that attorney, the commission	12099
immediately shall transfer that hearing to the available docket of	12100
an appropriate full-time district or staff hearing officer.	12101

(F) The commission may adopt rules pursuant to chapter 119.	12102
of the Revised Code to administer this section.	12103

Sec. 4121.38. (A) The industrial commission shall:

12104

(1) Implement a program of impairment evaluation training for	12105
its staff physicians;	12106

(2) Issue a manual of commission policy as to impairment	12107
evaluation so as to increase consistency of medical reports. This	12108
manual shall be available to the public at cost but shall be	12109
provided free to all physicians who treat claimants or to whom	12110
claimants are referred for evaluation. The commission shall take	12111
steps to ensure that the manual receives the widest possible	12112
distribution to physicians.	12113

(3) Develop a method of peer review of medical reports	12114
prepared by the commission referral doctors;	12115

(4) Issue a policy manual as to the basis upon which	12116
referrals to other than commission specialists will be made;	12117

(5) Designate two hearing examiners and two medical staff	12118
members who shall be specially trained in medical-legal analysis.	12119
The specialists shall write evaluations of medical-legal problems	12120
upon assignment by other hearing examiners or the commission. The	12121
director of administrative services upon commission advice shall	12122
assign such employees ~~to a salary schedule~~salaries commensurate	12123
with expertise required of them.	12124

(6) Require that prior to any examination, a physician to	12125
whom a claimant is referred for examination receives all necessary	12126
medical information in the claim file about the claimant and a	12127
complete statement as to the purpose of the examination.	12128

(B) The commission may establish a medical section within the	12129
commission to perform the duties assigned to the commission under	12130
this section.	12131

Sec. 4121.69. (A) The administrator of workers' compensation	12132
may establish compensation plans, including schedules of hourly	12133
rates, for the compensation of professional, administrative, and	12134
managerial employees who are employed to fulfill the duties placed	12135
upon the bureau of workers' compensation pursuant to sections	12136
4121.61 to 4121.69 of the Revised Code. The administrator may	12137
establish rules or policies for the administration of the	12138
respective compensation plans.	12139

~~This division does not apply to employees for whom the state~~	12140
~~employment relations board establishes appropriate bargaining~~	12141
~~units pursuant to section 4117.06 of the Revised Code.~~	12142

(B) The administrator may employ the services and resources	12143
of any public entity or private person, business, or association	12144
in fulfilling the duties placed upon the bureau of workers'	12145
compensation by sections 4121.61 to 4121.69 of the Revised Code.	12146
The rehabilitation services commission, the director of job and	12147
family services, and any other public officer, employee, or agency	12148
shall give to the bureau of workers' compensation full cooperation	12149
and, at the request of the administrator, enter into a written	12150
agreement stating the procedures and criteria for referring,	12151
accepting, and providing services to claimants in the job	12152
placement and rehabilitation efforts of the bureau of workers'	12153
compensation on behalf of a claimant when referred by the bureau	12154
of workers' compensation.	12155

(C) In appropriate cases, the bureau may refer a candidate to	12156
the rehabilitation services commission for participation in a	12157
program of the commission. For that purpose, the bureau of	12158
workers' compensation shall compensate the commission for the	12159
nonfederal portion of its services.	12160

Sec. 4121.77. The workers' compensation council shall	12161
appoint a director to manage and direct the duties of the staff of	12162
the council. The director shall serve at the pleasure of the	12163
council. The director shall be a person who has had training and	12164
experience in areas related to the duties of the council.	12165

The council may authorize the director to employ	12166
professional, technical, and clerical staff as necessary, and	12167
employ or hire on a consulting basis persons to provide actuarial,	12168
legal, investment, or other technical services required for the	12169
performance of the council's duties. All employees of the council	12170
are in the unclassified civil service as described in section	12171
124.11 of the Revised Code and the staff serve at the pleasure of	12172
the director. For purposes of ~~sections~~section 718.04 ~~and~~	12173
~~4117.01~~ of the Revised Code, employees of the council shall be	12174
considered employees of the general assembly.	12175

The council shall fix the compensation of the director. The	12176
director shall fix the compensation of all other employees of the	12177
council and, notwithstanding section 124.18 of the Revised Code,	12178
shall adopt policies relating to payment for overtime, granting of	12179
compensatory time off, utilizing flexible hours, and working on	12180
holidays and compensation for holiday work.	12181

The council may do any of the following:

12182

(A) Require the members of the industrial commission, bureau	12183
of workers' compensation board of directors, workers' compensation	12184
audit committee, workers' compensation actuarial committee, and	12185
workers' compensation investment committee, the administrator of	12186
workers' compensation, and employees of the industrial commission	12187
and the bureau of workers' compensation, and any agency or	12188
official of this state or its political subdivisions to provide	12189
the council with any information necessary to carry out its	12190
duties;	12191

(B) Administer oaths and hold public hearings at times and	12192
places within the state as necessary to accomplish the purposes of	12193
sections 4121.75 to 4121.79 of the Revised Code;	12194

(C) Establish regular reporting requirements for any report	12195
that the chairperson of the industrial commission, chairperson of	12196
the board, members of the committees specified in division (A) of	12197
this section, and the administrator are required to submit to the	12198
council;	12199

(D) Request that the auditor of state perform or contract for	12200
the performance of a financial or special audit of the bureau;	12201

(E) Request that the auditor of state perform or contract for	12202
the performance of a special or fiduciary audit of the workers'	12203
compensation system.	12204

Sec. 4123.352. (A) There is hereby created the self-insuring	12205
employers evaluation board consisting of three members. The member	12206
of the industrial commission representing the public shall be a	12207
member of the self-insuring employers evaluation board and shall	12208
serve, ex officio, as ~~chairman~~chairperson. The governor shall	12209
appoint the remaining two members with the advice and consent of	12210
the senate. One member shall be a member of the Ohio	12211
self-insurance association and one member shall be a	12212
representative of labor. Not more than two of the three members of	12213
the board may be of the same political party.	12214

Of the two members originally appointed by the governor	12215
pursuant to this section, one shall serve an initial term of two	12216
years and one an initial term of four years. Thereafter, terms of	12217
office of the two members are for four years, each term ending on	12218
the same date as the original date of appointment. Any member	12219
appointed to fill a vacancy occurring prior to the expiration of	12220
the term for which ~~his~~the member's predecessor was appointed	12221
shall hold office for the remainder of such term. Any member shall	12222
continue in office subsequent to the expiration date of ~~his~~the	12223
member's term until ~~his~~the member's successor takes office, or	12224
until a period of sixty days has elapsed, whichever occurs first.	12225
A vacancy in an unexpired term shall be filled in the same manner	12226
as the original appointment. The governor may remove any member	12227
pursuant to section 3.05 of the Revised Code.	12228

The board member who also is a member of the commission shall	12229
receive no additional compensation but shall be reimbursed for	12230
actual and necessary expenses in the performance of ~~his~~the board	12231
member's duties. The two remaining members of the board shall	12232
receive per diem compensation fixed pursuant to division ~~(J)~~(A) of	12233
section 124.15 of the Revised Code and actual and necessary	12234
expenses incurred in the performance of their duties.	12235

For administrative purposes, the board is a part of the	12236
bureau of workers' compensation, and the bureau shall furnish the	12237
board with necessary office space, staff, and supplies. The board	12238
shall meet as required by the administrator of workers'	12239
compensation.	12240

(B) In addition to the grounds listed in section 4123.35 of	12241
the Revised Code pertaining to criteria for being granted the	12242
status as a self-insuring employer, the grounds upon which the	12243
administrator may revoke or refuse to renew the status includes	12244
failure to comply with any rules or orders of the administrator or	12245
to pay contributions to the self-insuring employers' guaranty fund	12246
established by section 4123.351 of the Revised Code, continued	12247
failure to file medical reports bearing upon the injury of the	12248
claimant, and failure to pay compensation or benefits in	12249
accordance with law in a timely manner. A deficiency in any of the	12250
grounds listed in this division is sufficient to justify the	12251
administrator's revocation or refusal to renew the employer's	12252
status as a self-insuring employer. The administrator need not	12253
revoke or refuse to renew an employer's status as a self-insuring	12254
employer if adequate corrective action is taken by the employer	12255
pursuant to division (C) of this section.	12256

(C) The administrator shall refer to the board all complaints	12257
or allegations of misconduct against a self-insuring employer or	12258
questions as to whether a self-insuring employer continues to meet	12259
minimum standards. The board shall investigate and may order the	12260
employer to take corrective action in accordance with the schedule	12261
the board fixes. The board's determination in this regard need not	12262
be made by formal hearing but shall be issued in written form and	12263
contain the signature of at least two board members. If the board	12264
determines, after a hearing conducted pursuant to Chapter 119. of	12265
the Revised Code and the rules of the bureau, that the employer	12266
has failed to correct the deficiencies within the time fixed by	12267
the board or is otherwise in violation of this chapter, the board	12268
shall recommend to the administrator revocation of an employer's	12269
status as a self-insuring employer or such other penalty which may	12270
include, but is not limited to, probation, or a civil penalty not	12271
to exceed ten thousand dollars for each failure. A board	12272
recommendation to revoke an employer's status as a self-insuring	12273
employer shall be by unanimous vote. A recommendation for any	12274
other penalty shall be by majority vote. Where the board makes	12275
recommendations to the administrator for disciplining a	12276
self-insuring employer, the administrator promptly and fully shall	12277
implement the recommendations.	12278

Sec. 4301.07. Each member of the liquor control commission	12279
shall devote the member's entire time to the duties of office and	12280
shall hold no other public position of trust or profit. No member	12281
of the commission, nor the superintendent of liquor control, nor	12282
any of the employees of the commission or of the division of	12283
liquor control, shall have any direct financial interest in, or	12284
any interest otherwise prohibited by Chapter 102. or section	12285
2921.42 or 2921.43 of the Revised Code in, the manufacture,	12286
distribution, or sale of beer or intoxicating liquor.	12287

Each member of the commission and the chairperson shall	12288
receive a salary fixed pursuant to division ~~(J)~~(A) of section	12289
124.15 of the Revised Code. In addition to that salary, each	12290
member shall receive actual and necessary travel expenses in	12291
connection with commission hearings and business. The chairperson	12292
shall be an attorney at law who has had five years of active law	12293
practice.	12294

Sec. 4517.30. The motor vehicle dealers board shall consist	12295
of eleven members. The registrar of motor vehicles or the	12296
registrar's designee shall be a member of the board, and the other	12297
ten members shall be appointed by the governor with the advice and	12298
consent of the senate. Not more than five of the ten members other	12299
than the registrar shall be of any one political party, and of the	12300
ten:	12301

(A) Three shall represent the public and shall not have	12302
engaged in the business of selling motor vehicles at retail in	12303
this state;	12304

(B) Five shall have been engaged in the business of selling	12305
motor vehicles at retail in this state for at least five years and	12306
have been engaged in such business within two years prior to the	12307
date of their appointment. Of these five:	12308

(1) Three shall have been engaged in the sale of new motor	12309
vehicles;	12310

(2) One shall have been engaged in the business of selling	12311
recreational vehicles at retail;	12312

(3) One shall have been engaged in the sale of used motor	12313
vehicles.	12314

(C) Two shall have been engaged in the leasing of motor	12315
vehicles.	12316

Terms of office of the ten members appointed by the governor	12317
shall be for three years, commencing on the fifth day of October	12318
and ending on the fourth day of October. Each member shall hold	12319
office from the date of the member's appointment until the end of	12320
the term for which the member was appointed. Any member appointed	12321
to fill a vacancy occurring prior to the expiration of the term	12322
for which the member's predecessor was appointed shall hold office	12323
for the remainder of such term. Any appointed member shall	12324
continue in office subsequent to the expiration date of the	12325
member's term until a successor takes office, or until a period of	12326
sixty days has elapsed, whichever occurs first. Annually the board	12327
shall organize by selecting from its members a president. Each	12328
appointed member of the board shall receive an amount fixed in	12329
accordance with division ~~(J)~~(A) of section 124.15 of the Revised	12330
Code, and shall be reimbursed for the actual and necessary	12331
expenses incurred in the discharge of the member's official	12332
duties.	12333

Sec. 4701.03. (A) The accountancy board annually shall elect	12334
a president, secretary, and treasurer from its members. The board	12335
may adopt and amend rules for the orderly conduct of its affairs	12336
and for the administration of this chapter. The board may adopt	12337
and amend rules defining the practice of public accounting, rules	12338
of professional conduct appropriate to establish and maintain a	12339
high standard of integrity and dignity in registrants and	12340
certificate holders under this chapter, and rules regulating the	12341
sole proprietorship, partnership, limited liability company,	12342
professional association, corporation-for-profit, or other legal	12343
entity practice of public accounting. A majority of the board	12344
shall constitute a quorum for the transaction of business.	12345

(B) The board shall keep and hold open for public inspection	12346
all records of its proceedings.	12347

(C) The board may employ any clerks that are necessary to	12348
assist it in the performance of its duties and the keeping of its	12349
records. If the board employs an executive director, the board	12350
shall pay the executive director ~~shall be paid~~ in accordance with	12351
~~pay range 18 of schedule E-1 of section 124.152 of the Revised~~	12352
~~Code, or, if the director was employed and being paid on June 28,~~	12353
~~2003, in accordance with step 7 in pay range 18 of schedule E-1 of~~	12354
~~former section 124.152 of the Revised Code and continued to be so~~	12355
~~paid on June 29, 2003, the executive director shall be paid in~~	12356
~~accordance with pay range 18 of salary schedule E-1 for step seven~~	12357
~~only of~~ section 124.152 of the Revised Code.	12358

Sec. 4701.05. Each member of the accountancy board shall be	12359
paid an amount fixed pursuant to division ~~(J)~~(A) of section 124.15	12360
of the Revised Code for each day or portion ~~thereof~~of a day spent	12361
in the discharge of ~~his~~ official duties and shall be reimbursed	12362
for ~~his~~the actual and necessary expenses incurred by the member	12363
in the discharge of ~~such~~those duties.	12364

Sec. 4703.03. (A) The architects board shall enforce	12365
sections 4703.01 to 4703.19 of the Revised Code, may subpoena	12366
witnesses and records in connection with its investigations, and	12367
may incur such expenses as are necessary.	12368

(B) Each member of the board shall be entitled to receive, as	12369
a part of the expense of the board, an amount fixed pursuant to	12370
division ~~(J)~~(A) of section 124.15 of the Revised Code while	12371
actually engaged in attendance at meetings, in conducting	12372
examinations, or in the performance of official duties.	12373

(C) The members shall receive also, as a part of the expense	12374
of the board, the amount of actual traveling, hotel, and other	12375
necessary expenses incurred in the performance of their duties.	12376

(D) The secretary, executive secretary, and clerical	12377
assistants of the board shall give bond to the state in such sum	12378
as the board determines, but not less than three thousand dollars,	12379
conditioned upon the faithful discharge of their duties. Premiums	12380
for such bonds shall be paid by the board. Such bonds with	12381
approval of the board endorsed on them shall be deposited with the	12382
secretary of state and kept in the secretary of state's office.	12383

Sec. 4703.31. (A) There is hereby created the state board of	12384
landscape architect examiners. The board shall consist of five	12385
members appointed by the governor. All appointments made to the	12386
board shall be for a five-year term commencing on the eleventh day	12387
of November and ending on the tenth day of November. Each member	12388
shall hold office from the date of appointment until the end of	12389
the term to which the member was appointed. Any member shall	12390
continue in office subsequent to the expiration date of the	12391
member's term until the member's successor is appointed, or until	12392
a period of sixty days has elapsed, whichever occurs first. Three	12393
of the members shall be landscape architects registered under	12394
sections 4703.33 to 4703.37 of the Revised Code for not less than	12395
five years prior to appointment to the board. One member shall be	12396
appointed from a licensed design profession and one member shall	12397
represent the public. Any member of the board may be removed by	12398
the governor at any time for cause.	12399

(B) In the event of a vacancy in the office of a member of	12400
the board other than by reason of the expiration of a term, the	12401
governor, not later than ninety days after the occurrence of the	12402
vacancy, shall appoint a person to hold office for the remainder	12403
of the unexpired term.	12404

(C) The board shall elect from its members a president and a	12405
secretary who shall hold those offices for one year.	12406

(D) Each member of the board shall receive as a part of the	12407
expense of the board an amount fixed pursuant to division ~~(J)~~(A)	12408
of section 124.15 of the Revised Code for each day actually	12409
employed in the discharge of official duties, along with other	12410
necessary expenses.	12411

(E) The board shall meet at least twice each calendar year	12412
for purposes of transacting regular business and may hold other	12413
meetings upon the call of the president or a majority of the	12414
members of the board after reasonable notice to the other board	12415
members of the time and place of the meeting. Three members of the	12416
board constitute a quorum for the transaction of business.	12417

(F) The board shall utilize the physical facilities and	12418
administrative staff of the ~~state board of examiners of~~ architects	12419
board for the discharge of all the board's administrative duties	12420
in connection with the administration and enforcement of sections	12421
4703.30 to 4703.52 of the Revised Code. The state board of	12422
landscape architect examiners shall bear a proportionate share of	12423
the cost of those administrative services, which shall not exceed	12424
its revenue.	12425

Sec. 4709.04. (A) There is hereby created a barber board	12426
consisting of three members to be appointed by the governor with	12427
the advice and consent of the senate as follows: two barbers, one	12428
of whom is an employer barber and one of whom is employed as a	12429
barber, both of whom have been licensed in this state for at least	12430
five years immediately preceding their appointment; and one person	12431
who represents the general public and who has no connection to the	12432
practice of barbering except as a consumer of barbering services.	12433
Each member of the board shall have received a high school diploma	12434
or a certificate of high school equivalence issued by the state	12435
board of education. No more than two members of the board shall be	12436
of the same political party. No member of the board shall be	12437
financially interested in, or have any financial connection with,	12438
any barber school or wholesale cosmetic, barber supply, or	12439
equipment business, nor shall any member teach barbering for	12440
monetary consideration. Terms of office are for three years,	12441
commencing on the twenty-seventh day of September and ending on	12442
the twenty-sixth day of September. Each member shall serve on the	12443
board from the date of ~~his~~ appointment until the end of the term	12444
for which ~~he was~~ appointed except that if a successor member has	12445
not been appointed by the end of the term, the member shall	12446
continue until the appointment or until a period of sixty days has	12447
elapsed, whichever occurs first. In the case of vacancies	12448
occurring on the board, the governor shall, in the same manner	12449
prescribed for regular appointment to the board, fill the position	12450
by appointing a member to serve for the remainder of the term.	12451

(B) A majority of the members of the board constitutes a	12452
quorum to transact and vote on the business of the board. Each	12453
member shall receive an amount fixed pursuant to division ~~(J)~~(A)	12454
of section 124.15 of the Revised Code for each day actually	12455
employed in the discharge of ~~his~~ official duties. In addition,	12456
each member shall receive ~~his~~the actual and ~~his~~ necessary	12457
expenses incurred in the performance of ~~his~~ official duties.	12458

(C) The governor may remove any member for cause prior to the	12459
expiration of the member's term of office.	12460

Sec. 4715.06. Each member of the state dental board shall	12461
receive an amount fixed pursuant to division ~~(J)~~(A) of section	12462
124.15 of the Revised Code for each day actually employed in the	12463
discharge of the official duties of the member, and the necessary	12464
expenses of the member. The secretary and vice-secretary shall be	12465
reimbursed for necessary expenses incurred in the discharge of the	12466
official duties of the secretary and vice-secretary, respectively.	12467
All vouchers of the board shall be approved by the board president	12468
or executive secretary, or both, as authorized by the board.	12469

Sec. 4717.02. (A) There is hereby created the board of	12470
embalmers and funeral directors consisting of seven members to be	12471
appointed by the governor with the advice and consent of the	12472
senate. Five members shall be licensed embalmers and practicing	12473
funeral directors, each with at least ten consecutive years of	12474
experience in this state immediately preceding the date of the	12475
person's appointment; one of these members shall be knowledgeable	12476
and experienced in operating a crematory. Two members shall	12477
represent the public; at least one of these members shall be at	12478
least sixty years of age.	12479

(B) Terms of office are for five years, commencing on the	12480
first day of July and ending on the last day of June. Each member	12481
shall hold office from the date of the member's appointment until	12482
the end of the term for which the member was appointed. Before	12483
entering upon the duties of the office, each member shall take and	12484
file with the secretary of state an oath of office as required by	12485
Section 7 of Article XV, Ohio Constitution.	12486

(C) The governor may remove a member of the board for neglect	12487
of duty, incompetency, or immoral conduct. Vacancies shall be	12488
filled in the manner provided for original appointments. Any	12489
member appointed to fill a vacancy occurring prior to the	12490
expiration date of the term for which the member's predecessor was	12491
appointed shall hold office as a member for the remainder of that	12492
term. A member shall continue in office subsequent to the	12493
expiration date of the member's term until the member's successor	12494
takes office, or until a period of sixty days has elapsed,	12495
whichever occurs first.	12496

(D) Each member of the board shall receive an amount fixed	12497
under division ~~(J)~~(A) of section 124.15 of the Revised Code for	12498
each day, not to exceed sixty days per year, employed in the	12499
discharge of the member's duties as a board member, together with	12500
any necessary expenses incurred in the performance of those	12501
duties.	12502

Sec. 4723.02. The board of nursing shall assume and exercise	12503
all the powers and perform all the duties conferred and imposed on	12504
it by this chapter.	12505

The board shall consist of thirteen members who shall be	12506
citizens of the United States and residents of Ohio. Eight members	12507
shall be registered nurses, each of whom shall be a graduate of an	12508
approved program of nursing education that prepares persons for	12509
licensure as a registered nurse, shall hold a currently active	12510
license issued under this chapter to practice nursing as a	12511
registered nurse, and shall have been actively engaged in the	12512
practice of nursing as a registered nurse for the five years	12513
immediately preceding the member's initial appointment to the	12514
board. Of the eight members who are registered nurses, at least	12515
one shall hold a valid certificate of authority issued under this	12516
chapter that authorizes the practice of nursing as a certified	12517
registered nurse anesthetist, clinical nurse specialist, certified	12518
nurse-midwife, or certified nurse practitioner. Four members shall	12519
be licensed practical nurses, each of whom shall be a graduate of	12520
an approved program of nursing education that prepares persons for	12521
licensure as a practical nurse, shall hold a currently active	12522
license issued under this chapter to practice nursing as a	12523
licensed practical nurse, and shall have been actively engaged in	12524
the practice of nursing as a licensed practical nurse for the five	12525
years immediately preceding the member's initial appointment to	12526
the board. One member shall represent the interests of consumers	12527
of health care. Neither this member nor any person in the member's	12528
immediate family shall be a member of or associated with a health	12529
care provider or profession or shall have a financial interest in	12530
the delivery or financing of health care. Representation of	12531
nursing service and nursing education and of the various	12532
geographical areas of the state shall be considered in making	12533
appointments.	12534

As the term of any member of the board expires, a successor	12535
shall be appointed who has the qualifications the vacancy	12536
requires. Terms of office shall be for four years, commencing on	12537
the first day of January and ending on the thirty-first day of	12538
December.	12539

A current or former board member who has served not more than	12540
one full term or one full term and not more than thirty months of	12541
another term may be reappointed for one additional term.	12542

Each member shall hold office from the date of appointment	12543
until the end of the term for which the member was appointed. The	12544
term of a member shall expire if the member ceases to meet any	12545
requirement of this section for the member's position on the	12546
board. Any member appointed to fill a vacancy occurring prior to	12547
the expiration of the term for which the member's predecessor was	12548
appointed shall hold office for the remainder of such term. Any	12549
member shall continue in office subsequent to the expiration date	12550
of the member's term until the member's successor takes office, or	12551
until a period of sixty days has elapsed, whichever occurs first.	12552

Nursing organizations of this state may each submit to the	12553
governor the names of not more than five nominees for each	12554
position to be filled on the board. From the names so submitted or	12555
from others, at the governor's discretion, the governor with the	12556
advice and consent of the senate shall make such appointments.	12557

Any member of the board may be removed by the governor for	12558
neglect of any duty required by law or for incompetency or	12559
unprofessional or dishonorable conduct, after a hearing as	12560
provided in Chapter 119. of the Revised Code.	12561

Seven members of the board including at least four registered	12562
nurses and at least one licensed practical nurse shall at all	12563
times constitute a quorum.	12564

Each member of the board shall receive an amount fixed	12565
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	12566
for each day in attendance at board meetings and in discharge of	12567
official duties, and in addition thereto, necessary expense	12568
incurred in the performance of such duties.	12569

The board shall elect one of its nurse members as president	12570
and one as vice-president. The board shall elect one of its	12571
registered nurse members to serve as the supervising member for	12572
disciplinary matters.	12573

The board may establish advisory groups to serve in	12574
consultation with the board or the executive director. Each	12575
advisory group shall be given a specific charge in writing and	12576
shall report to the board. Members of advisory groups shall serve	12577
without compensation but shall receive their actual and necessary	12578
expenses incurred in the performance of their official duties.	12579

Sec. 4725.06. Each member of the state board of optometry	12580
shall receive an amount fixed pursuant to division ~~(J)~~(A) of	12581
section 124.15 of the Revised Code for each day actually employed	12582
in the discharge of the official duties of the member, and the	12583
necessary expenses of the member.	12584

The executive director of the board shall receive	12585
reimbursement for necessary expenses incurred in the discharge of	12586
the executive director's official duties.	12587

All vouchers of the board shall be approved by the board	12588
president or executive director, or both, as authorized by the	12589
board.	12590

Sec. 4725.46. (A) Each member of the Ohio optical dispensers	12591
board shall receive compensation pursuant to division ~~(J)~~(A) of	12592
section 124.15 of the Revised Code~~, but shall not receive step~~	12593
~~advancements,~~ for each day actually employed in the discharge of	12594
~~his~~ official duties, and ~~his~~the member's actual and necessary	12595
expenses.	12596

(B) The executive secretary-treasurer shall receive	12597
compensation as fixed by the board and ~~his~~the executive	12598
secretary-treasurer's actual and necessary expenses incurred in	12599
the discharge of ~~his~~ official duties.	12600

Sec. 4729.03. The state board of pharmacy shall organize by	12601
electing a president and a vice-president who are members of the	12602
board. The president shall preside over the meetings of the board,	12603
but shall not vote upon matters determined by the board, except in	12604
the event of a tie vote, in which case the president shall vote.	12605
The board shall also employ an executive director who is a	12606
licensed pharmacist in good standing in the practice of pharmacy	12607
in this state. The person employed shall not be a member of the	12608
board. Each of the officers elected shall serve for a term of one	12609
year. The members of the board shall receive an amount fixed	12610
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	12611
for each day employed in the discharge of their official duties	12612
and their necessary expenses while engaged therein.	12613

Sec. 4730.05. (A) There is hereby created the physician	12614
assistant policy committee of the state medical board. The	12615
president of the board shall appoint the members of the committee.	12616
The committee shall consist of the seven members specified in	12617
divisions (A)(1) to (3) of this section. When the committee is	12618
developing or revising policy and procedures for	12619
physician-delegated prescriptive authority for physician	12620
assistants, the committee shall include the two additional members	12621
specified in division (A)(4) of this section.	12622

(1) Three members of the committee shall be physicians. Of	12623
the physician members, one shall be a member of the state medical	12624
board, one shall be appointed from a list of five physicians	12625
recommended by the Ohio state medical association, and one shall	12626
be appointed from a list of five physicians recommended by the	12627
Ohio osteopathic association. At all times, the physician	12628
membership of the committee shall include at least one physician	12629
who is a supervising physician of a physician assistant,	12630
preferably with at least two years' experience as a supervising	12631
physician.	12632

(2) Three members shall be physician assistants appointed	12633
from a list of five individuals recommended by the Ohio	12634
association of physician assistants.	12635

(3) One member, who is not affiliated with any health care	12636
profession, shall be appointed to represent the interests of	12637
consumers.	12638

(4) The two additional members, appointed to serve only when	12639
the committee is developing or revising policy and procedures for	12640
physician-delegated prescriptive authority for physician	12641
assistants, shall be pharmacists. Of these members, one shall be	12642
appointed from a list of five clinical pharmacists recommended by	12643
the Ohio pharmacists association and one shall be appointed from	12644
the pharmacist members of the state board of pharmacy, preferably	12645
from among the members who are clinical pharmacists.	12646

The pharmacist members shall have voting privileges only for	12647
purposes of developing or revising policy and procedures for	12648
physician-delegated prescriptive authority for physician	12649
assistants. Presence of the pharmacist members shall not be	12650
required for the transaction of any other business.	12651

(B) Terms of office shall be for two years, with each term	12652
ending on the same day of the same month as did the term that it	12653
succeeds. Each member shall hold office from the date of being	12654
appointed until the end of the term for which the member was	12655
appointed. Members may be reappointed, except that a member may	12656
not be appointed to serve more than three consecutive terms. As	12657
vacancies occur, a successor shall be appointed who has the	12658
qualifications the vacancy requires. A member appointed to fill a	12659
vacancy occurring prior to the expiration of the term for which a	12660
predecessor was appointed shall hold office as a member for the	12661
remainder of that term. A member shall continue in office	12662
subsequent to the expiration date of the member's term until a	12663
successor takes office or until a period of sixty days has	12664
elapsed, whichever occurs first.	12665

(C) Each member of the committee shall receive an amount	12666
fixed pursuant to division ~~(J)~~(A) of section 124.15 of the Revised	12667
Code for each day employed in the discharge of official duties as	12668
a member, and shall also receive necessary and actual expenses	12669
incurred in the performance of official duties as a member.	12670

(D) The committee members specified in divisions (A)(1) to	12671
(3) of this section by a majority vote shall elect a chairperson	12672
from among those members. The members may elect a new chairperson	12673
at any time.	12674

(E) The state medical board may appoint assistants, clerical	12675
staff, or other employees as necessary for the committee to	12676
perform its duties adequately.	12677

(F) The committee shall meet at least four times a year and	12678
at such other times as may be necessary to carry out its	12679
responsibilities.	12680

Sec. 4731.03. Each member of the state medical board shall	12681
receive an amount fixed pursuant to division ~~(J)~~(A) of section	12682
124.15 of the Revised Code for each day employed in the discharge	12683
of ~~his~~ official duties and ~~his~~the member's necessary expenses.	12684

Sec. 4732.05. The members of the state board of psychology	12685
and the members of the school psychology examination committee	12686
shall receive an amount fixed under division ~~(J)~~(A) of section	12687
124.15 of the Revised Code for each day employed in the discharge	12688
of their official duties, and their necessary expenses while	12689
engaged therein.	12690

Sec. 4733.05. Each member of the state board of registration	12691
for professional engineers and surveyors shall receive an amount	12692
fixed pursuant to division ~~(J)~~(A) of section 124.15 of the Revised	12693
Code per diem when actually attending to the work of the board or	12694
of any of its committees and for the time spent in necessary	12695
travel~~; and in~~. In addition ~~thereto~~, each board member shall be	12696
reimbursed for all actual traveling, hotel, and other expenses	12697
necessarily incurred in carrying out sections 4733.01 to 4733.23	12698
of the Revised Code.	12699

Sec. 4734.03. Each member of the state chiropractic board	12700
shall be paid at the appropriate rate for those days on which the	12701
member's services or duties are required. Each member of the board	12702
shall be paid at the rate established pursuant to division ~~(J)~~(A)	12703
of section 124.15 of the Revised Code ~~and shall not receive step~~	12704
~~advancements~~. In addition, each board member shall receive the	12705
member's necessary expenses.	12706

Sec. 4738.09. The motor vehicle salvage dealer's licensing	12707
board shall consist of five members. The registrar of motor	12708
vehicles or ~~his~~the registrar's designee shall be a member of the	12709
board, and the other four members shall be appointed by the	12710
governor with the advice and consent of the senate. Two appointed	12711
members shall have operated as a motor vehicle salvage dealer,	12712
salvage motor vehicle auction, or salvage motor vehicle pool in	12713
this state for at least five years and have been engaged in the	12714
business within two years previous to the date of their	12715
appointment. Two appointed members shall represent the public and	12716
shall not have been engaged in any such business or operation. Not	12717
more than two members other than the registrar shall be of any one	12718
political party. Terms of office of the four members appointed by	12719
the governor shall commence on the first day of August and end on	12720
the last day of July, and be for three years, except that one	12721
initial term shall be for one year, and one initial term shall be	12722
for two years. Each member shall hold office from the date of ~~his~~	12723
the member's appointment until the end of the term for which he	12724
the member was appointed. Any member appointed to fill a vacancy	12725
occurring prior to the expiration of the term for which ~~his~~the	12726
member's predecessor was appointed shall hold office for the	12727
remainder of such term. Any appointed member shall continue in	12728
office subsequent to the expiration date of ~~his~~the member's term	12729
until ~~his~~the member's successor takes office, or until a period	12730
of sixty days has elapsed, whichever occurs first. Annually the	12731
board shall organize by selecting from its members a president.	12732
Each appointed member of the board shall receive an amount fixed	12733
in accordance with division ~~(J)~~(A) of section 124.15 of the	12734
Revised Code for each day of actual service during the meetings of	12735
the board, and shall be reimbursed for the actual and necessary	12736
expenses incurred in the discharge of ~~his~~ official duties.	12737

Sec. 4741.02. There shall be a state veterinary medical	12738
licensing board consisting of seven members, who have been legal	12739
residents of this state for not less than five years, appointed by	12740
the governor with the advice and consent of the senate, as	12741
follows: five members who have been licensed to practice	12742
veterinary medicine in this state for not less than five	12743
consecutive years prior to their appointment; one member who is a	12744
registered veterinary technician registered pursuant to this	12745
chapter for not less than five consecutive years prior to	12746
appointment; and one member who is a representative of the public.	12747
Terms of office are for three years, commencing on the first day	12748
of January and ending on the thirty-first day of December. Each	12749
member shall hold office from the date of the member's appointment	12750
until the end of the term for which the member was appointed. Any	12751
member appointed to fill a vacancy occurring prior to the	12752
expiration of the term for which the predecessor was appointed	12753
shall hold office for the remainder of such term. Any member shall	12754
continue in office subsequent to the expiration date of the	12755
member's term until a successor takes office, or until a period of	12756
sixty days has elapsed, whichever occurs first. No person who has	12757
been appointed a member of the board shall be appointed to serve	12758
more than three, three-year terms unless a period of three years	12759
has elapsed since the termination of the member's third term,	12760
provided that a person appointed to fill an unexpired term may be	12761
appointed for three full terms of three years each immediately	12762
following such term and that the total length of the member's	12763
service does not exceed ten years.	12764

No member of the board shall be the owner of any interest in,	12765
or be employed by any wholesale or jobbing house dealing in	12766
supplies, equipment, or instruments used or useful in the practice	12767
of veterinary medicine. Neither the public member nor the	12768
registered veterinary technician member shall have any vested	12769
financial interest in the practice of veterinary medicine. For	12770
purposes of this section employment as a veterinary technician for	12771
a veterinarian does not constitute a vested financial interest in	12772
the practice of veterinary medicine.	12773

The governor may remove any member of the board for	12774
malfeasance, misfeasance, or nonfeasance after a hearing as	12775
provided in Chapter 119. of the Revised Code or if the license of	12776
a veterinary member is not renewed or has been revoked or	12777
suspended on any ground set forth in section 3123.47 or 4741.22 of	12778
the Revised Code or if the registration of the registered	12779
veterinary technician member is revoked or suspended or is not	12780
renewed under section 3123.47 or 4741.19 of the Revised Code.	12781

Each member of the board shall receive an amount fixed	12782
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	12783
for each day, or portion thereof, the member is actually engaged	12784
in the discharge of official duties, in addition to the member's	12785
necessary expenses.	12786

Sec. 4747.03. There is hereby created a hearing aid dealers	12787
and fitters licensing board consisting of seven members. The	12788
governor shall appoint each member to the board with the advice	12789
and consent of the senate. Three members of the board shall be	12790
persons currently engaged in the practice of dealing in and	12791
fitting of hearing aids in the state, one member shall be an	12792
otolaryngologist, one member shall be a clinical audiologist, and	12793
two shall be public members. At least one of the public members	12794
shall be at least sixty years of age. No more than one dealer	12795
serving on the board at any time shall be franchised by or sell	12796
the products of the same hearing aid manufacturer. Each member	12797
shall be a resident of the state and, except for the public	12798
members, shall have been actively engaged in the member's	12799
respective practice or profession for at least five years	12800
immediately preceding appointment. The director of health or the	12801
director's designated representative shall be an ex officio	12802
member.	12803

Terms of office shall be for four years, commencing on the	12804
twenty-sixth day of January and ending on the twenty-fifth day of	12805
January, except that of the members first appointed, one member	12806
shall be appointed for two years and two members for three years.	12807
Each member shall hold office from the date of the member's	12808
appointment until the end of the term for which the member was	12809
appointed. All appointments to fill vacancies shall be made in the	12810
manner prescribed for regular appointments. Any member appointed	12811
to fill a vacancy occurring prior to the expiration of the term	12812
for which the member's predecessor was appointed shall hold office	12813
for the remainder of such term. Any member shall continue in	12814
office subsequent to the expiration date of the member's term	12815
until the member's successor takes office, or until a period of	12816
sixty days has elapsed, whichever occurs first. No member shall be	12817
reappointed to the board sooner than one year after the expiration	12818
of the member's second full term of office.	12819

Each member of the board shall receive, as part of the	12820
expenses of the board, an amount fixed pursuant to division ~~(J)~~(A)	12821
of section 124.15 of the Revised Code per diem while attending	12822
meetings or otherwise engaged in the actual performance of the	12823
member's duties with the board. Each member shall also receive, as	12824
part of the expenses of the board, an amount for the actual	12825
traveling, hotel, and other necessary expenses incurred in the	12826
performance of the member's duties. All vouchers of the board	12827
shall be approved by the chairperson of the board. The board shall	12828
appoint a secretary and may employ, compensate, and prescribe such	12829
powers and duties of such officers, employees, and consultants, in	12830
accordance with the laws of this state, as are necessary to carry	12831
out this chapter. Technical, administrative, or other services	12832
shall be performed, insofar as practicable, by personnel of the	12833
department of health, and by other state agencies.	12834

Sec. 4753.04. The board of speech-language pathology and	12835
audiology shall hold at least one regular meeting a year, at which	12836
it shall elect a chairperson and vice-chairperson from among its	12837
members. Additional meetings may be held upon call of the	12838
chairperson or at the written request of two or more members of	12839
the board. Five members of the board constitute a quorum to	12840
conduct business, if one member who is a speech-language	12841
pathologist and one member who is an audiologist are present.	12842

The board may employ an executive director, who shall serve	12843
at the board's pleasure, and shall designate the duties and fix	12844
the executive director's compensation. The board may hire such	12845
other employees and consultants as it finds necessary. Members of	12846
the board shall receive compensation pursuant to division ~~(J)~~(A)	12847
of section 124.15 of the Revised Code for each day employed in the	12848
discharge of their official duties. The members shall be	12849
reimbursed for actual and necessary expenses incurred in the	12850
performance of their official duties. All vouchers of the board	12851
shall be approved by the chairperson or the executive director of	12852
the board.	12853

Sec. 4755.01. (A) There is hereby created the Ohio	12854
occupational therapy, physical therapy, and athletic trainers	12855
board consisting of sixteen residents of this state, who shall be	12856
appointed by the governor with the advice and consent of the	12857
senate. The board shall be composed of a physical therapy section,	12858
an occupational therapy section, and an athletic trainers section.	12859

(1) Five members of the board shall be physical therapists	12860
who are licensed to practice physical therapy and who have been	12861
engaged in or actively associated with the practice of physical	12862
therapy in this state for at least five years immediately	12863
preceding appointment. Such members of the board shall sit on the	12864
physical therapy section. The physical therapy section also shall	12865
consist of four additional members, appointed by the governor with	12866
the advice and consent of the senate, who satisfy the same	12867
qualifications as the members of the board sitting on the physical	12868
therapy section, but who are not members of the board. Of the	12869
additional physical therapy section members whose terms commence	12870
on August 28, 2007, one shall be for a term of one year, one for a	12871
term of two years, one for a term of three years, and one for a	12872
term of four years. Such additional members of the physical	12873
therapy section are vested with only such powers and shall perform	12874
only such duties as relate to the affairs of that section.	12875

(2) Four members of the board shall be occupational	12876
therapists and one member shall be a licensed occupational therapy	12877
assistant, all of whom have been engaged in or actively associated	12878
with the practice of occupational therapy or practice as an	12879
occupational therapy assistant in this state for at least five	12880
years immediately preceding appointment. Such members of the board	12881
shall sit on the occupational therapy section.	12882

(3) Four members of the board shall be athletic trainers who	12883
have been engaged in the practice of athletic training in Ohio for	12884
at least five years immediately preceding appointment. One member	12885
of the board shall be a physician licensed to practice medicine	12886
and surgery in this state. Such members of the board shall sit on	12887
the athletic trainers section.	12888

(4) One member of the board shall represent the public. This	12889
member shall sit on the board and shall attend each year at least	12890
three meetings of the physical therapy section, three meetings of	12891
the occupational therapy section, and three meetings of the	12892
athletic trainers section.	12893

(B) Except for the terms of office specified in division	12894
(A)(1) of this section for the additional members of the physical	12895
therapy section commencing on August 28, 2007, terms for the	12896
members of the board and the additional members of the physical	12897
therapy section are for three years. Each member's term shall	12898
commence on the twenty-eighth day of August and end on the	12899
twenty-seventh day of August. Each member shall serve subsequent	12900
to the expiration of the member's term until the member's	12901
successor is appointed and qualifies, or until a period of sixty	12902
days has elapsed, whichever occurs first. A member shall not serve	12903
for more than three consecutive terms. All vacancies shall be	12904
filled in the manner prescribed for the regular appointments and	12905
are limited to the unexpired terms.	12906

(C) Each member of the board and each additional member of	12907
the physical therapy section, before entering upon the official	12908
duties of office, shall do both of the following:	12909

(1) Subscribe to and file with the secretary of state the	12910
constitutional oath of office;	12911

(2) Sign and file with the executive director of the board a	12912
notarized statement that the member has read and understands	12913
sections 121.22 and 149.43 of the Revised Code and the provisions	12914
of Chapter 119. of the Revised Code that are applicable to the	12915
duties of the board.	12916

(D) Annually, upon the qualification of the member or members	12917
appointed in that year, the board shall organize by selecting from	12918
its members a president and secretary. Each section of the board	12919
shall independently organize by selecting from its members a	12920
chairperson and secretary.	12921

(E) A majority of the members of the board constitutes a	12922
quorum to transact and vote on the business of the board. A	12923
majority of the members of each section constitutes a quorum to	12924
transact and vote on the affairs of that section.	12925

(F) Each member of the board and each additional member of	12926
the physical therapy section shall receive an amount fixed	12927
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	12928
for each day employed in the discharge of official duties. In	12929
addition, each member of the board and each additional member of	12930
the physical therapy section shall receive the member's actual and	12931
necessary expenses incurred in the performance of official duties.	12932

(G) The board of trustees of the Ohio occupational therapy	12933
association may recommend, after any term expires or vacancy	12934
occurs in an occupational therapy position, at least three persons	12935
to fill each such position or vacancy on the board, and the	12936
governor may make the appointment from the persons so recommended.	12937
The executive board of the Ohio chapter of the American physical	12938
therapy association may recommend, after any term expires or	12939
vacancy occurs in a physical therapy position, at least three	12940
persons to fill each such vacancy on the board, and the governor	12941
may make appointments from the persons so recommended. The Ohio	12942
athletic trainers association shall recommend to the governor at	12943
least three persons when any term expires or any vacancy occurs in	12944
an athletic trainer position. The governor may select one of the	12945
association's recommendations in making such an appointment.	12946

(H) The board shall meet as a whole to determine all	12947
administrative, personnel, and budgetary matters. The executive	12948
director of the board appointed by the board shall not be a	12949
physical therapist, an occupational therapist, or an athletic	12950
trainer who has been licensed to practice physical therapy,	12951
occupational therapy, or as an athletic trainer in this state	12952
within three years immediately preceding appointment. The	12953
executive director shall execute, under the direction of the	12954
board, the policies, orders, directives, and administrative	12955
functions of the board and shall direct, under rules adopted by	12956
the board, the work of all persons employed by the board. Upon the	12957
request of the board, the executive director shall report to the	12958
board on any matter. The executive director shall serve at the	12959
pleasure of the board.	12960

(I) The occupational therapy section of the board shall have	12961
the authority to act on behalf of the board on matters concerning	12962
the practice of occupational therapy and, in particular, the	12963
examination of applicants, the issuance of licenses and limited	12964
permits, and the suspension or revocation of licenses and limited	12965
permits to practice as an occupational therapist or occupational	12966
therapy assistant. The physical therapy section of the board shall	12967
have the authority to act on behalf of the board on matters	12968
concerning the practice of physical therapy and, in particular,	12969
the examination, licensure, and suspension or revocation of	12970
licensure of applicants, physical therapists, and physical	12971
therapist assistants. The athletic trainers section of the board	12972
shall have the authority to act on behalf of the board on matters	12973
concerning the practice of athletic training and, in particular,	12974
the examination, licensure, and suspension or revocation of	12975
licensure of applicants and athletic trainers. All actions taken	12976
by any section of the board under this division shall be in	12977
accordance with Chapter 119. of the Revised Code.	12978

Sec. 4757.05. (A) The counselor, social worker, and marriage	12979
and family therapist board shall meet as a whole to discuss and	12980
review issues regarding personnel, budgetary matters,	12981
administration, and any other matter pertaining to the operation	12982
of the entire board. The board shall hold at least one regular	12983
meeting every three months. Additional meetings may be held at	12984
such times as the board determines, upon call of the chairperson,	12985
or upon the written request of four or more members of the board	12986
to the executive director. If four or more members so request a	12987
meeting, the executive director shall call a meeting to commence	12988
in not more than seven days. Eight members of the board constitute	12989
a quorum to conduct business. Except as provided in section	12990
4757.39 of the Revised Code, no action shall be taken without the	12991
concurrence of at least a quorum.	12992

The counselors professional standards committee, the social	12993
workers professional standards committee, and the marriage and	12994
family therapist professional standards committee shall meet as	12995
necessary to fulfill their duties established by this chapter and	12996
the rules adopted under it. Three members of a committee	12997
constitute a quorum for that committee to conduct business. No	12998
action shall be taken without the concurrence of at least a	12999
quorum.	13000

(B) At its first meeting each year, the board shall elect a	13001
chairperson from among its members. At the first meeting held each	13002
year by the board's professional standards committees, each	13003
committee shall elect from among its members a chairperson. The	13004
chairpersons of the committees shall serve as co-vice-chairpersons	13005
of the board. Neither the board nor its committees shall elect a	13006
member to serve more than two consecutive terms in the same	13007
office.	13008

(C) The board shall employ an executive director. The board	13009
may employ and prescribe the powers and duties of such employees	13010
and consultants as are necessary for it and its professional	13011
standards committees to carry out this chapter and rules adopted	13012
under it.	13013

(D) The members of the board shall receive an amount fixed	13014
under division ~~(J)~~(A) of section 124.15 of the Revised Code for	13015
each day employed in the discharge of their official duties as	13016
board or committee members and shall be reimbursed for their	13017
necessary and actual expenses incurred in the performance of their	13018
official duties.	13019

(E) The board and each of its professional standards	13020
committees shall keep any records and minutes necessary to fulfill	13021
the duties established by this chapter and the rules adopted under	13022
it.	13023

Sec. 4758.12. The voting members of the chemical dependency	13024
professionals board shall receive an amount fixed under division	13025
~~(J)~~(A) of section 124.15 of the Revised Code for each day employed	13026
in the discharge of their official duties as board members and	13027
shall be reimbursed for their necessary and actual expenses	13028
incurred in the performance of their official duties.	13029

Sec. 4759.03. There is hereby created the Ohio board of	13030
dietetics consisting of five members appointed by the governor	13031
with the advice and consent of the senate. The Ohio dietetic	13032
association may submit a list of five names for each position or	13033
vacancy on the board to be filled by a dietitian, and the governor	13034
may make ~~his appointment~~appointments from the persons so	13035
recommended or from other persons. Within thirty days of ~~the~~	13036
~~effective date of this section~~July 1, 1987, the governor shall	13037
make initial appointments to the board. Of the initial	13038
appointments, one shall be for a term ending one year after ~~the~~	13039
~~effective date of this section~~July 1, 1987, one shall be for a	13040
term ending two years after ~~the effective date of this section~~	13041
July 1, 1987, one shall be for a term ending three years after ~~the~~	13042
~~effective date of this section~~July 1, 1987, one shall be for a	13043
term ending four years after ~~the effective date of this section~~	13044
July 1, 1987, and one shall be for a term ending five years after	13045
~~the effective date of this section~~July 1, 1987. Thereafter, terms	13046
of office shall be for five years, each term ending on the same	13047
day of the same month as did the term which it succeeds. Each	13048
member shall hold office from the date of ~~his~~ appointment until	13049
the end of the term for which hethe member was appointed. The	13050
governor shall appoint a member to fill a vacancy in the manner	13051
prescribed for filling the position in which the vacancy occurs.	13052
Any member appointed to fill a vacancy occurring prior to the	13053
expiration of the term for which ~~his~~the member's predecessor was	13054
appointed shall hold office for the remainder of the term. Any	13055
member shall continue in office subsequent to the expiration date	13056
of ~~his~~the member's term until ~~his~~a successor takes office, or	13057
until a period of sixty days has elapsed, whichever occurs first.	13058

Members of the board may be removed by the governor for	13059
malfeasance, misfeasance, or nonfeasance after an adjudication	13060
hearing pursuant to Chapter 119. of the Revised Code. Members may	13061
not be appointed to a second term unless a period of five years	13062
has passed since the expiration of the first term, except that	13063
members appointed for less than a five-year term or appointed to	13064
fill an unexpired term may be appointed for one full term of five	13065
years immediately following the end of the term for which hethe	13066
member was first appointed.	13067

Three members of the board shall be dietitians who have been	13068
actively engaged in the practice of dietetics in the state for at	13069
least five years immediately preceding their appointment; one	13070
member shall be an educator with a doctoral degree who holds a	13071
regular faculty appointment in a program that prepares students to	13072
meet the requirements of division (A)(5) of section 4759.06 of the	13073
Revised Code; and one member shall be a member of the general	13074
public who is not and never has been a dietitian, is not a member	13075
of the immediate family of a dietitian, does not have a financial	13076
interest in the provision of goods or services to dietitians, and	13077
is not engaged in any activity related to the practice of	13078
dietetics.	13079

Each member of the board shall receive an amount fixed	13080
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	13081
for each day, or portion thereof, ~~he is~~ actually engaged in the	13082
discharge of ~~his~~ official duties, and shall be reimbursed for	13083
actual and necessary expenses incurred in the performance of those	13084
duties.	13085

Sec. 4761.02. The governor, with the advice and consent of	13086
the senate, shall appoint the Ohio respiratory care board,	13087
consisting of nine residents of this state. Five members of the	13088
board shall be respiratory care professionals who were engaged in	13089
or actively associated with the practice of respiratory care in	13090
this state for at least five years immediately preceding	13091
appointment. Two members shall be home medical equipment services	13092
providers with not less than five years of management experience	13093
in home medical equipment services prior to appointment. One	13094
member shall be a physician who has clinical training and	13095
experience in the management of pulmonary disease. One member	13096
shall represent the public.	13097

After the term of a member of the board expires or becomes	13098
vacant, the Ohio state medical association may submit to the	13099
governor the names of nominees for the board position to be filled	13100
by a physician. The board of directors of the Ohio society for	13101
respiratory care, inc., may recommend to the governor at least	13102
three persons for each board position to be filled by a	13103
respiratory care professional. The American lung association of	13104
Ohio may submit to the governor the names of nominees for the	13105
board position to be filled by a person representing the public.	13106
The Ohio association of medical equipment services may submit to	13107
the governor the names of nominees for the two board positions to	13108
be filled by home medical equipment services providers. The	13109
governor shall consider these nominees in making the appointments.	13110

Of the two additional members of the board to be appointed	13111
who are respiratory care professionals who were engaged in or	13112
actively associated with the practice of respiratory care in this	13113
state for at least five years immediately preceding appointment,	13114
one shall be appointed for a term ending the fourteenth day of	13115
March immediately following the date that is one year after ~~the~~	13116
~~effective date of this amendment~~September 16, 2004, and one for a	13117
term ending on the fourteenth day of March immediately following	13118
the date that is two years after ~~the effective date of this~~	13119
~~amendment~~September 16, 2004. Of the initial two home medical	13120
equipment services providers appointed to the board, one shall be	13121
appointed for a term ending the fourteenth day of March	13122
immediately following the date that is one year after ~~the~~	13123
~~effective date of this amendment~~September 16, 2004, and one for a	13124
term ending the fourteenth day of March immediately following the	13125
date that is two years after ~~the effective date of this amendment~~	13126
September 16, 2004. Thereafter, terms of office shall be for three	13127
years, each term ending on the same day of the same month of the	13128
year as did the term which it succeeds. A member shall serve	13129
subsequent to the expiration of the member's term until the	13130
member's successor is appointed and qualifies, or until a period	13131
of sixty days has elapsed, whichever occurs first. Each member,	13132
before entering upon the duties of office, shall subscribe to and	13133
file with the secretary of state the oath of office required under	13134
Section 7 of Article XV, Ohio Constitution. Vacancies shall be	13135
filled in the manner prescribed for the regular appointments to	13136
the board and shall be limited to the unexpired terms. Members of	13137
the board may be reappointed.	13138

Annually, upon the qualification of the member or members	13139
appointed in that year, the Ohio respiratory care board shall	13140
organize and shall select from its members a president and	13141
secretary. A majority of the members of the board shall constitute	13142
a quorum to transact and vote on the business of the board.	13143

Each member of the board shall receive an amount fixed	13144
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	13145
for each day actually employed in the discharge of the member's	13146
duties. In addition, each member shall receive actual and	13147
necessary expenses incurred in the performance of the member's	13148
official duties.	13149

The board shall employ an executive director who shall be in	13150
the unclassified service of the state. The executive director	13151
shall assist the board in the administration and enforcement of	13152
this chapter and shall employ individuals as the board considers	13153
necessary to provide that assistance.	13154

Sec. 4763.02. (A) There is hereby created the real estate	13155
appraiser board, consisting of five members appointed by the	13156
governor, with the advice and consent of the senate. Four members	13157
shall be persons certified or licensed under this chapter, at	13158
least two of whom shall hold a state-certified general real estate	13159
appraiser certificate, and one member shall represent the public	13160
and shall not be engaged in the practice of issuing real estate	13161
appraisals, real estate brokerage or sales, or have any financial	13162
interest in such practices. At least one of the certificate	13163
holders or licensees members shall be a real estate broker	13164
licensed pursuant to Chapter 4735. of the Revised Code whose	13165
license is in good standing. For the purpose of appointment to an	13166
eligibility for appointment to the board, the license of a real	13167
estate broker may be on deposit with the division of real estate	13168
of the department of commerce. No more than three members shall be	13169
members of the same political party and no member of the board	13170
concurrently may be a member of the board and the Ohio real estate	13171
commission created pursuant to section 4735.03 of the Revised	13172
Code. Of the initial appointments to the board, one is for a term	13173
ending June 30, 1990, two are for terms ending June 30, 1991, and	13174
two are for terms ending June 30, 1992. Thereafter, terms of	13175
office are for three years, commencing on the first day of July	13176
and ending on the thirtieth day of June. Each member shall hold	13177
office from the date of ~~his~~ appointment until the end of the term	13178
for which ~~he is~~ appointed. Prior to entering upon ~~the~~official	13179
duties ~~of his office~~, each member shall subscribe to, and file	13180
with the secretary of state, the constitutional oath of office.	13181
Vacancies that occur on the board shall be filled in the manner	13182
prescribed for regular appointments to the board. A member	13183
appointed to fill a vacancy occurring prior to the expiration of	13184
the term for which ~~his~~the member's predecessor was appointed	13185
shall hold office for the remainder of that term. A member shall	13186
continue in office subsequent to the expiration date of ~~his~~the	13187
member's term until ~~his~~the member's successor takes office or	13188
until sixty days have elapsed, whichever occurs first. No person	13189
shall serve as a member of the board for more than two consecutive	13190
terms. The governor may remove a member pursuant to section 3.04	13191
of the Revised Code.	13192

(B) Annually, upon the qualification of the members appointed	13193
in that year, the board shall organize by selecting from its	13194
members a ~~chairman~~chairperson. The board shall meet at least once	13195
each calendar quarter to conduct its business with the place of	13196
future meetings to be decided by a vote of its members. Each	13197
member shall be provided with written notice of the time and place	13198
of each board meeting at least ten days prior to the scheduled	13199
date of the meeting. A majority of the members of the board	13200
constitutes a quorum to transact and vote on all business coming	13201
before the board.	13202

(C) Each member of the board shall receive an amount fixed	13203
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	13204
for each day employed in the discharge of ~~his~~ official duties, and	13205
~~his~~the member's actual and necessary expenses incurred in the	13206
discharge of those duties.	13207

(D) The board is part of the department of commerce for	13208
administrative purposes.	13209

Sec. 4775.05. (A) The board of motor vehicle collision	13210
repair registration shall appoint an individual who is not a	13211
member of the board as a full-time employee of the board to serve	13212
as the executive director of the board. The executive director	13213
shall serve at the pleasure and direction of the board. The	13214
director of administrative services shall establish the executive	13215
director's salary ~~in a pay range~~ as provided in division ~~(J)~~(A) of	13216
section 124.15 of the Revised Code. The executive director,	13217
subject to the approval of the board, shall determine the office	13218
space, supplies, and professional and clerical assistance	13219
necessary to effectively perform the executive director's duties.	13220

(B) The executive director shall perform all the following	13221
duties:	13222

(1) Review and submit to the board, for its approval,	13223
applications for registration pursuant to section 4775.07 of the	13224
Revised Code;	13225

(2) Issue registration certificates, as approved by the	13226
board, to persons who meet the qualifications for registration	13227
under division (A) of section 4775.07 of the Revised Code;	13228

(3) Maintain a written record of all persons registered	13229
pursuant to section 4775.07 of the Revised Code. The record shall	13230
include the name, address, and motor vehicle collision repair	13231
registration certificate number of each registered motor vehicle	13232
collision repair operator. The executive director shall make this	13233
record available to any person upon request and payment of a fee	13234
sufficient to cover the cost of copying the record.	13235

(4) Collect all fees pursuant to section 4775.08 of the	13236
Revised Code;	13237

(5) Appoint enforcement officers as needed to assist the	13238
executive director in carrying out this chapter, who shall serve	13239
at the pleasure of the director;	13240

(6) Gather evidence of violations of this chapter by any	13241
person or motor vehicle collision repair operator, or any partner	13242
or officer of any motor vehicle collision repair operator, and,	13243
upon reasonable belief that a violation has occurred, present the	13244
evidence to the board for its consideration. Nothing in division	13245
(B)(6) of this section shall be construed as authorizing the	13246
executive director or the board to enforce any provision of law	13247
other than this chapter. If, however, the executive director or	13248
board, in conducting investigations under those sections,	13249
determines or suspects that a person has violated any other	13250
provision of law, the executive director or board shall notify the	13251
governmental entity that is responsible for enforcement of that	13252
provision of law.	13253

(7) Serve as secretary of the board and maintain a written	13254
record of all of the proceedings of the board;	13255

(8) Notify all motor vehicle collision repair operators of	13256
changes in the motor vehicle collision repair law and rules	13257
adopted pursuant to that law;	13258

(9) Do all other things requested by the board for the	13259
administration and enforcement of this chapter.	13260

(C) The executive director may provide information relevant	13261
to motor vehicle collision repair to motor vehicle collision	13262
repair operators or other persons, and may communicate with any	13263
person, or respond to communications from any person, in matters	13264
pertaining to motor vehicle collision repair.	13265

Sec. 4905.10. (A) For the sole purpose of maintaining and	13266
administering the public utilities commission and exercising its	13267
supervision and jurisdiction over the railroads and public	13268
utilities of this state, an amount equivalent to the appropriation	13269
from the public utilities fund created under division (B) of this	13270
section to the public utilities commission for railroad and public	13271
utilities regulation in each fiscal year shall be apportioned	13272
among and assessed against each railroad and public utility within	13273
this state by the commission by first computing an assessment as	13274
though it were to be made in proportion to the intrastate gross	13275
earnings or receipts, excluding earnings or receipts from sales to	13276
other public utilities for resale, of the railroad or public	13277
utility for the calendar year next preceding that in which the	13278
assessment is made. The commission may include in that first	13279
computation any amount of a railroad's or public utility's	13280
intrastate gross earnings or receipts that were underreported in a	13281
prior year. In addition to whatever penalties apply under the	13282
Revised Code to such underreporting, the commission shall assess	13283
the railroad or public utility interest at the rate stated in	13284
division (A) of section 1343.01 of the Revised Code. The	13285
commission shall deposit any interest so collected into the public	13286
utilities fund. The commission may exclude from that first	13287
computation any such amounts that were overreported in a prior	13288
year.	13289

The final computation of the assessment shall consist of	13290
imposing upon each railroad and public utility whose assessment	13291
under the first computation would have been one hundred dollars or	13292
less an assessment of one hundred dollars and recomputing the	13293
assessments of the remaining railroads and public utilities by	13294
apportioning an amount equal to the appropriation to the public	13295
utilities commission for administration of the utilities division	13296
in each fiscal year less the total amount to be recovered from	13297
those paying the minimum assessment, in proportion to the	13298
intrastate gross earnings or receipts of the remaining railroads	13299
and public utilities for the calendar year next preceding that in	13300
which the assessments are made.	13301

In the case of an assessment based on intrastate gross	13302
receipts under this section against a public utility that is an	13303
electric utility as defined in section 4928.01 of the Revised	13304
Code, or an electric services company, electric cooperative, or	13305
governmental aggregator subject to certification under section	13306
4928.08 of the Revised Code, such receipts shall be those	13307
specified in the utility's, company's, cooperative's, or	13308
aggregator's most recent report of intrastate gross receipts and	13309
sales of kilowatt hours of electricity, filed with the commission	13310
pursuant to division (F) of section 4928.06 of the Revised Code,	13311
and verified by the commission.	13312

In the case of an assessment based on intrastate gross	13313
receipts under this section against a retail natural gas supplier	13314
or governmental aggregator subject to certification under section	13315
4929.20 of the Revised Code, such receipts shall be those	13316
specified in the supplier's or aggregator's most recent report of	13317
intrastate gross receipts and sales of hundred cubic feet of	13318
natural gas, filed with the commission pursuant to division (B) of	13319
section 4929.23 of the Revised Code, and verified by the	13320
commission. However, no such retail natural gas supplier or such	13321
governmental aggregator serving or proposing to serve customers of	13322
a particular natural gas company, as defined in section 4929.01 of	13323
the Revised Code, shall be assessed under this section until after	13324
the commission, pursuant to section 4905.26 or 4909.18 of the	13325
Revised Code, has removed from the base rates of the natural gas	13326
company the amount of assessment under this section that is	13327
attributable to the value of commodity sales service, as defined	13328
in section 4929.01 of the Revised Code, in the base rates paid by	13329
those customers of the company that do not purchase that service	13330
from the natural gas company.	13331

(B) Through calendar year 2005, on or before the first day of	13332
October in each year, the commission shall notify each such	13333
railroad and public utility of the sum assessed against it,	13334
whereupon payment shall be made to the commission, which shall	13335
deposit it into the state treasury to the credit of the public	13336
utilities fund, which is hereby created. Beginning in calendar	13337
year 2006, on or before the fifteenth day of May in each year, the	13338
commission shall notify each railroad and public utility that had	13339
a sum assessed against it for the current fiscal year of more than	13340
one thousand dollars that fifty per cent of that amount shall be	13341
paid to the commission by the twentieth day of June of that year	13342
as an initial payment of the assessment against the company for	13343
the next fiscal year. On or before the first day of October in	13344
each year, the commission shall make a final determination of the	13345
sum of the assessment against each railroad and public utility and	13346
shall notify each railroad and public utility of the sum assessed	13347
against it. The commission shall deduct from the assessment for	13348
each railroad or public utility any initial payment received.	13349
Payment of the assessment shall be made to the commission by the	13350
first day of November of that year. The commission shall deposit	13351
the payments received into the state treasury to the credit of the	13352
public utilities fund. Any such amounts paid into the fund but not	13353
expended by the commission shall be credited ratably, after first	13354
deducting any deficits accumulated from prior years, by the	13355
commission to railroads and public utilities that pay more than	13356
the minimum assessment, according to the respective portions of	13357
such sum assessable against them for the ensuing fiscal year. The	13358
assessments for such fiscal year shall be reduced correspondingly.	13359

(C) Within five days after the beginning of each fiscal year	13360
through fiscal year 2006, the director of budget and management	13361
shall transfer from the general revenue fund to the public	13362
utilities fund an amount sufficient for maintaining and	13363
administering the public utilities commission and exercising its	13364
supervision and jurisdiction over the railroads and public	13365
utilities of the state during the first four months of the fiscal	13366
year. The director shall transfer the same amount back to the	13367
general revenue fund from the public utilities fund at such time	13368
as the director determines that the balance of the public	13369
utilities fund is sufficient to support the appropriations from	13370
the fund for the fiscal year. The director may transfer less than	13371
that amount if the director determines that the revenues of the	13372
public utilities fund during the fiscal year will be insufficient	13373
to support the appropriations from the fund for the fiscal year,	13374
in which case the amount not paid back to the general revenue fund	13375
shall be payable to the general revenue fund in future fiscal	13376
years.	13377

(D) For the purpose of this section only, "public utility"	13378
includes:	13379

(1) In addition to an electric utility as defined in section	13380
4928.01 of the Revised Code, an electric services company, an	13381
electric cooperative, or a governmental aggregator subject to	13382
certification under section 4928.08 of the Revised Code, to the	13383
extent of the company's, cooperative's, or aggregator's engagement	13384
in the business of supplying or arranging for the supply in this	13385
state of any retail electric service for which it must be so	13386
certified;	13387

(2) In addition to a natural gas company as defined in	13388
section 4929.01 of the Revised Code, a retail natural gas supplier	13389
or governmental aggregator subject to certification under section	13390
4929.20 of the Revised Code, to the extent of the supplier's or	13391
aggregator's engagement in the business of supplying or arranging	13392
for the supply in this state of any competitive retail natural gas	13393
service for which it must be certified.	13394

(E) Each public utilities commissioner shall receive a salary	13395
fixed ~~at the level set by pay range 49~~by the director of	13396
administrative services under ~~schedule E-2 of~~ section 124.152 of	13397
the Revised Code.	13398

Sec. 4906.02. (A) There is hereby created within the public	13399
utilities commission the power siting board, composed of the	13400
~~chairman~~chairperson of the public utilities commission, the	13401
director of environmental protection, the director of health, the	13402
director of development, the director of natural resources, the	13403
director of agriculture, and a representative of the public who	13404
shall be an engineer and shall be appointed by the governor, from	13405
a list of three nominees submitted to the governor by the office	13406
of the consumers' counsel, with the advice and consent of the	13407
senate and shall serve for a term of four years. The ~~chairman~~	13408
chairperson of the public utilities commission shall be ~~chairman~~	13409
chairperson of the board and its chief executive officer. The	13410
~~chairman~~chairperson shall designate one of the voting members of	13411
the board to act as ~~vice-chairman~~vice-chairperson who shall	13412
possess during the absence or disability of the ~~chairman~~	13413
chairperson all of the powers of the ~~chairman~~chairperson. All	13414
hearings, studies, and consideration of applications for	13415
certificates shall be conducted by the board or representatives of	13416
its members.	13417

In addition, the board shall include four legislative members	13418
who may participate fully in all the board's deliberations and	13419
activities except that they shall serve as nonvoting members. The	13420
speaker of the house of representatives shall appoint one	13421
legislative member, and the president of the senate and minority	13422
leader of each house shall each appoint one legislative member.	13423
Each such legislative leader shall designate an alternate to	13424
attend meetings of the board when the regular legislative member	13425
he appointed by the legislative leader is unable to attend. Each	13426
legislative member and alternate shall serve for the duration of	13427
the elected term that hethe legislative member is serving at the	13428
time of ~~his~~ appointment. A quorum of the board is a majority of	13429
its voting members.	13430

The representative of the public and, notwithstanding section	13431
101.26 of the Revised Code, legislative members of the board or	13432
their designated alternates, when engaged in their duties as	13433
members of the board, shall be paid at ~~the~~a per diem rate ~~of step~~	13434
~~1, pay range 32,~~fixed under ~~schedule B of~~division (A) of section	13435
124.15 of the Revised Code and shall be reimbursed for the actual	13436
and necessary expenses they incur in the discharge of their	13437
official duties.	13438

(B) The ~~chairman~~chairperson shall keep a complete record of	13439
all proceedings of the board, issue all necessary process, writs,	13440
warrants, and notices, keep all books, maps, documents, and papers	13441
ordered filed by the board, conduct investigations pursuant to	13442
section 4906.07 of the Revised Code, and perform such other duties	13443
as the board may prescribe.	13444

(C) The ~~chairman~~chairperson of the public utilities	13445
commission may assign or transfer duties among the commission's	13446
staff. However, the board's authority to grant certificates under	13447
section 4906.10 of the Revised Code shall not be exercised by any	13448
officer, employee, or body other than the board itself.	13449

(D) The ~~chairman~~chairperson may call to ~~his~~the	13450
chairperson's assistance, temporarily, any employee of the	13451
environmental protection agency, the department of natural	13452
resources, the department of agriculture, the department of	13453
health, or the department of development, for the purpose of	13454
making studies, conducting hearings, investigating applications,	13455
or preparing any report required or authorized under this chapter.	13456
Such employees shall not receive any additional compensation over	13457
that which they receive from the agency by which they are	13458
employed, but they shall be reimbursed for their actual and	13459
necessary expenses incurred while working under the direction of	13460
the ~~chairman~~chairperson. All contracts for special services are	13461
subject to the approval of the ~~chairman~~chairperson.	13462

(E) The board's offices shall be located in those of the	13463
public utilities commission.	13464

Sec. 4911.07. The salary of the consumers' counsel shall be	13465
determined by the consumers' counsel governing board ~~but~~and shall	13466
be ~~in pay range 49 as set forth in section 124.152 of the Revised~~	13467
~~Code~~based upon merit.	13468

Sec. 4911.12. (A) ~~Notwithstanding Chapter 4117. of the~~	13469
~~Revised Code, the~~The consumers' counsel may employ and fix the	13470
compensation of such officers, experts, lawyers, engineers,	13471
economists, statisticians, accountants, investigators, and	13472
employees in fiduciary, supervisory, or policy-making positions as	13473
are necessary to carry out Chapters 4909. and 4911. of the Revised	13474
Code or to perform the powers and duties conferred or imposed upon	13475
~~him~~the counsel by law. These employees shall be in the	13476
unclassified civil service~~, shall not be considered public~~	13477
~~employees for purposes of Chapter 4117. of the Revised Code,~~ and	13478
shall serve at the pleasure of the counsel. The counsel may also	13479
employ such clerical employees, including clerks and	13480
stenographers, as are necessary to carry out Chapters 4909. and	13481
4911. of the Revised Code or to perform ~~his~~the duties and	13482
exercise the powers conferred by law upon ~~him~~the counsel. These	13483
clerical employees shall be in the classified civil service. All	13484
officers, lawyers, engineers, economists, statisticians,	13485
accountants, investigators, stenographers, clerks, and other	13486
employees of the counsel and the expenses of the office of the	13487
counsel, the expenses of the counsel, and the expenses of the	13488
employees of such office shall be paid from funds appropriated for	13489
the use of the consumers' counsel after being approved by the	13490
consumers' counsel.	13491

(B) The consumers' counsel may contract for the services of	13492
technically qualified persons in the area of public utility	13493
matters to assist ~~him~~ in carrying out the duties of ~~his~~the	13494
counsel's office. Such persons shall be paid from funds	13495
appropriated for the use of the consumers' counsel after being	13496
approved by the consumers' counsel.	13497

Sec. 5119.071. An appointing authority may appoint a person	13498
who holds a certified position in the classified service within	13499
the department of mental health to a position in the unclassified	13500
service within the department. A person appointed pursuant to this	13501
section to a position in the unclassified service shall retain the	13502
right to resume the position and status held by the person in the	13503
classified service immediately prior to the person's appointment	13504
to the position in the unclassified service, regardless of the	13505
number of positions the person held in the unclassified service.	13506
An employee's right to resume a position in the classified service	13507
may only be exercised when an appointing authority demotes the	13508
employee to a ~~pay range~~salary or wage lower than the employee's	13509
current ~~pay range~~salary or wage or revokes the employee's	13510
appointment to the unclassified service. An employee forfeits the	13511
right to resume a position in the classified service when the	13512
employee is removed from the position in the unclassified service	13513
due to incompetence, inefficiency, dishonesty, drunkenness,	13514
immoral conduct, insubordination, discourteous treatment of the	13515
public, neglect of duty, violation of this chapter or Chapter 124.	13516
of the Revised Code, violation of the rules of the director of	13517
administrative services or the director of mental health, any	13518
other failure of good behavior, any other acts of misfeasance,	13519
malfeasance, or nonfeasance in office, or conviction of a felony.	13520
An employee also forfeits the right to resume a position in the	13521
classified service upon transfer to a different agency.	13522

Reinstatement to a position in the classified service shall	13523
be to a position substantially equal to that position in the	13524
classified service held previously, as certified by the director	13525
of administrative services. If the position the person previously	13526
held in the classified service has been placed in the unclassified	13527
service or is otherwise unavailable, the person shall be appointed	13528
to a position in the classified service within the department that	13529
the director of administrative services certifies is comparable in	13530
compensation to the position the person previously held in the	13531
classified service. Service in the position in the unclassified	13532
service shall be counted as service in the position in the	13533
classified service held by the person immediately prior to the	13534
person's appointment to the position in the unclassified service.	13535
When a person is reinstated to a position in the classified	13536
service as provided in this section, the person is entitled to all	13537
rights, status, and benefits accruing to the position in the	13538
classified service during the person's time of service in the	13539
position in the unclassified service.	13540

Sec. 5119.09. The director of mental health shall prepare,	13541
and may amend from time to time, specifications descriptive of the	13542
duties, responsibilities, requirements, and desirable	13543
qualifications of physician specialists in the department of	13544
mental health. The director shall prepare, and may amend from time	13545
to time, classifications for those physician specialists, and they	13546
shall receive a salary fixed by the director pursuant to section	13547
124.15 or 124.152 of the Revised Code.	13548

The director may employ and classify physicians in the	13549
department as physician specialists~~, within the classifications~~	13550
~~and pay ranges fixed pursuant to section 124.15 or 124.152 of the~~	13551
~~Revised Code~~. Any physician employed in the department~~, whether~~	13552
~~previously classified pursuant to section 124.15 or 124.152 of the~~	13553
~~Revised Code or otherwise employed in the department,~~ may be	13554
classified or reclassified as a physician specialist, pursuant to	13555
this section, upon order of the director; provided that, each such	13556
physician shall be qualified as required by this section and meet	13557
the specifications for the classification to which the physician	13558
is assigned. Any physician classified and designated a physician	13559
specialist under authority of this section may be assigned to a	13560
different physician specialist classification upon order of the	13561
director; the director shall certify each such reclassification,	13562
and the department of administrative services shall be governed by	13563
the certification; provided that, nothing in this section shall	13564
alter the powers and duties of the state personnel board of review	13565
under division (A)(1) of section 124.03 of the Revised Code.	13566

Each physician classified and designated as a physician	13567
specialist in the department, under authority of this section,	13568
shall be a reputable physician and a graduate of an accredited	13569
medical college, who has had special training and experience in	13570
the treatment of mental illness or other condition found in	13571
patients in the department.	13572

Sec. 5123.08. An appointing officer may appoint a person who	13573
holds a certified position in the classified service within the	13574
department of developmental disabilities to a position in the	13575
unclassified service within the department. A person appointed	13576
pursuant to this section to a position in the unclassified service	13577
shall retain the right to resume the position and status held by	13578
the person in the classified service immediately prior to the	13579
person's appointment to the position in the unclassified service,	13580
regardless of the number of positions the person held in the	13581
unclassified service. An employee's right to resume a position in	13582
the classified service may only be exercised when an appointing	13583
authority demotes the employee to a ~~pay range~~salary or wage lower	13584
than the employee's current ~~pay range~~salary or wage or revokes	13585
the employee's appointment to the unclassified service. An	13586
employee forfeits the right to resume a position in the classified	13587
service when the employee is removed from the position in the	13588
unclassified service due to incompetence, inefficiency,	13589
dishonesty, drunkenness, immoral conduct, insubordination,	13590
discourteous treatment of the public, neglect of duty, violation	13591
of this chapter or Chapter 124. of the Revised Code, the rules of	13592
the director of developmental disabilities or the director of	13593
administrative services, any other failure of good behavior, any	13594
other acts of misfeasance, malfeasance, or nonfeasance in office,	13595
or conviction of a felony. An employee also forfeits the right to	13596
resume a position in the classified service upon transfer to a	13597
different agency.	13598

Reinstatement to a position in the classified service shall	13599
be to a position substantially equal to that position in the	13600
classified service held previously, as certified by the director	13601
of administrative services. If the position the person previously	13602
held in the classified service has been placed in the unclassified	13603
service or is otherwise unavailable, the person shall be appointed	13604
to a position in the classified service within the department that	13605
the director of administrative services certifies is comparable in	13606
compensation to the position the person previously held in the	13607
classified service. Service in the position in the unclassified	13608
service shall be counted as service in the position in the	13609
classified service held by the person immediately prior to the	13610
person's appointment to the position in the unclassified service.	13611
When a person is reinstated to a position in the classified	13612
service as provided in this section, the person is entitled to all	13613
rights, status, and benefits accruing to the position in the	13614
classified service during the time of the person's service in the	13615
position in the unclassified service.	13616

Sec. 5123.51. (A) In addition to any other action required	13617
by sections 5123.61 and 5126.31 of the Revised Code, the	13618
department of developmental disabilities shall review each report	13619
the department receives of abuse or neglect of an individual with	13620
mental retardation or a developmental disability or	13621
misappropriation of an individual's property that includes an	13622
allegation that an MR/DD employee committed or was responsible for	13623
the abuse, neglect, or misappropriation. The department shall	13624
review a report it receives from a public children services agency	13625
only after the agency completes its investigation pursuant to	13626
section 2151.421 of the Revised Code. On receipt of a notice under	13627
section 2930.061 or 5123.541 of the Revised Code, the department	13628
shall review the notice.	13629

(B) The department shall do both of the following:

13630

(1) Investigate the allegation or adopt the findings of an	13631
investigation or review of the allegation conducted by another	13632
person or government entity and determine whether there is a	13633
reasonable basis for the allegation;	13634

(2) If the department determines that there is a reasonable	13635
basis for the allegation, conduct an adjudication pursuant to	13636
Chapter 119. of the Revised Code.	13637

(C)(1) The department shall appoint an independent hearing	13638
officer to conduct any hearing conducted pursuant to division	13639
(B)(2) of this section~~, except that, if the hearing is regarding~~	13640
~~an employee of the department who is represented by a union, the~~	13641
~~department and a representative of the union shall jointly select~~	13642
~~the hearing officer~~.	13643

(2)(a) Except as provided in division (C)(2)(b) of this	13644
section, no hearing shall be conducted under division (B)(2) of	13645
this section until any criminal proceeding ~~or collective~~	13646
~~bargaining arbitration~~ concerning the same allegation has	13647
concluded.	13648

(b) The department may conduct a hearing pursuant to division	13649
(B)(2) of this section before a criminal proceeding concerning the	13650
same allegation is concluded if both of the following are the	13651
case:	13652

(i) The department notifies the prosecutor responsible for	13653
the criminal proceeding that the department proposes to conduct a	13654
hearing.	13655

(ii) The prosecutor consents to the hearing.

13656

(3) In conducting a hearing pursuant to division (B)(2) of	13657
this section, the hearing officer shall do all of the following:	13658

(a) Determine whether there is clear and convincing evidence	13659
that the MR/DD employee has done any of the following:	13660

(i) Misappropriated property of one or more individuals with	13661
mental retardation or a developmental disability that has a value,	13662
either separately or taken together, of one hundred dollars or	13663
more;	13664

(ii) Misappropriated property of an individual with mental	13665
retardation or a developmental disability that is designed to be	13666
used as a check, draft, negotiable instrument, credit card, charge	13667
card, or device for initiating an electronic fund transfer at a	13668
point of sale terminal, automated teller machine, or cash	13669
dispensing machine;	13670

(iii) Knowingly abused such an individual;

13671

(iv) Recklessly abused or neglected such an individual, with	13672
resulting physical harm;	13673

(v) Negligently abused or neglected such an individual, with	13674
resulting serious physical harm;	13675

(vi) Recklessly neglected such an individual, creating a	13676
substantial risk of serious physical harm;	13677

(vii) Engaged in sexual conduct or had sexual contact with an	13678
individual with mental retardation or another developmental	13679
disability who was not the MR/DD employee's spouse and for whom	13680
the MR/DD employee was employed or under a contract to provide	13681
care;	13682

(viii) Unreasonably failed to make a report pursuant to	13683
division (C) of section 5123.61 of the Revised Code when the	13684
employee knew or should have known that the failure would result	13685
in a substantial risk of harm to an individual with mental	13686
retardation or a developmental disability.	13687

(b) ~~Give weight to the decision in any collective bargaining~~	13688
~~arbitration regarding the same allegation;~~	13689

~~(c)~~ Give weight to any relevant facts presented at the	13690
hearing.	13691

(D)(1) Unless the director of developmental disabilities	13692
determines that there are extenuating circumstances and except as	13693
provided in division (E) of this section, if the director, after	13694
considering all of the factors listed in division (C)(3) of this	13695
section, finds that there is clear and convincing evidence that an	13696
MR/DD employee has done one or more of the things described in	13697
division (C)(3)(a) of this section the director shall include the	13698
name of the employee in the registry established under section	13699
5123.52 of the Revised Code.	13700

(2) Extenuating circumstances the director must consider	13701
include the use of physical force by an MR/DD employee that was	13702
necessary as self-defense.	13703

(3) If the director includes an MR/DD employee in the	13704
registry established under section 5123.52 of the Revised Code,	13705
the director shall notify the employee, the person or government	13706
entity that employs or contracts with the employee, the individual	13707
with mental retardation or a developmental disability who was the	13708
subject of the report and that individual's legal guardian, if	13709
any, the attorney general, and the prosecuting attorney or other	13710
law enforcement agency. If the MR/DD employee holds a license,	13711
certificate, registration, or other authorization to engage in a	13712
profession issued pursuant to Title XLVII of the Revised Code, the	13713
director shall notify the appropriate agency, board, department,	13714
or other entity responsible for regulating the employee's	13715
professional practice.	13716

(4) If an individual whose name appears on the registry is	13717
involved in a court proceeding or arbitration arising from the	13718
same facts as the allegation resulting in the individual's	13719
placement on the registry, the disposition of the proceeding or	13720
arbitration shall be noted in the registry next to the	13721
individual's name.	13722

(E) In the case of an allegation concerning an employee of	13723
the department, after the hearing conducted pursuant to division	13724
(B)(2) of this section, the director of health or that director's	13725
designee shall review the decision of the hearing officer to	13726
determine whether the standard described in division (C)(3) of	13727
this section has been met. If the director or designee determines	13728
that the standard has been met and that no extenuating	13729
circumstances exist, the director or designee shall notify the	13730
director of developmental disabilities that the MR/DD employee is	13731
to be included in the registry established under section 5123.52	13732
of the Revised Code. If the director of developmental disabilities	13733
receives such notification, the director shall include the MR/DD	13734
employee in the registry and shall provide the notification	13735
described in division (D)(3) of this section.	13736

(F) If the department is required by Chapter 119. of the	13737
Revised Code to give notice of an opportunity for a hearing and	13738
the MR/DD employee subject to the notice does not timely request a	13739
hearing in accordance with section 119.07 or 5123.0414 of the	13740
Revised Code, the department is not required to hold a hearing.	13741

(G) Files and records of investigations conducted pursuant to	13742
this section are not public records as defined in section 149.43	13743
of the Revised Code, but, on request, the department shall provide	13744
copies of those files and records to the attorney general, a	13745
prosecuting attorney, or a law enforcement agency.	13746

Sec. 5126.0220. The superintendent of the county board of	13747
developmental disabilities shall:	13748

(A) Administer the work of the board, subject to the board's	13749
rules;	13750

(B) Recommend to the board the changes necessary to increase	13751
the effectiveness of the programs and services offered pursuant to	13752
Chapters 3323. and 5126. of the Revised Code;	13753

(C) Employ persons for all positions authorized by the board,	13754
approve contracts of employment for management employees that are	13755
for a term of one year or less, and approve personnel actions that	13756
involve employees in the classified civil service as may be	13757
necessary for the work of the board;	13758

(D) Approve compensation for employees within the limits set	13759
by the ~~salary schedule and~~ budget set by the board and in	13760
accordance with section 5126.26 of the Revised Code, and ensure	13761
that all employees and consultants are properly reimbursed for	13762
actual and necessary expenses incurred in the performance of	13763
official duties;	13764

(E) Provide consultation to public agencies as defined in	13765
division (C) of section 102.01 of the Revised Code, including	13766
other county boards of developmental disabilities, and to	13767
individuals, agencies, or organizations providing services	13768
supported by the board.	13769

The superintendent may authorize the payment of board	13770
obligations by the county auditor.	13771

Sec. 5126.05. (A) Subject to the rules established by the	13772
director of developmental disabilities pursuant to Chapter 119. of	13773
the Revised Code for programs and services offered pursuant to	13774
this chapter, and subject to the rules established by the state	13775
board of education pursuant to Chapter 119. of the Revised Code	13776
for programs and services offered pursuant to Chapter 3323. of the	13777
Revised Code, the county board of developmental disabilities	13778
shall:	13779

(1) Administer and operate facilities, programs, and services	13780
as provided by this chapter and Chapter 3323. of the Revised Code	13781
and establish policies for their administration and operation;	13782

(2) Coordinate, monitor, and evaluate existing services and	13783
facilities available to individuals with mental retardation and	13784
developmental disabilities;	13785

(3) Provide early childhood services, supportive home	13786
services, and adult services, according to the plan and priorities	13787
developed under section 5126.04 of the Revised Code;	13788

(4) Provide or contract for special education services	13789
pursuant to Chapters 3306., 3317. and 3323. of the Revised Code	13790
and ensure that related services, as defined in section 3323.01 of	13791
the Revised Code, are available according to the plan and	13792
priorities developed under section 5126.04 of the Revised Code;	13793

(5) Adopt a budget, authorize expenditures for the purposes	13794
specified in this chapter and do so in accordance with section	13795
319.16 of the Revised Code, approve attendance of board members	13796
and employees at professional meetings and approve expenditures	13797
for attendance, and exercise such powers and duties as are	13798
prescribed by the director;	13799

(6) Submit annual reports of its work and expenditures,	13800
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	13801
the director, the superintendent of public instruction, and the	13802
board of county commissioners at the close of the fiscal year and	13803
at such other times as may reasonably be requested;	13804

(7) Authorize all positions of employment, establish	13805
compensation, including ~~but not limited to salary schedules and~~	13806
fringe benefits for all board employees, approve contracts of	13807
employment for management employees that are for a term of more	13808
than one year, employ legal counsel under section 309.10 of the	13809
Revised Code, and contract for employee benefits;	13810

(8) Provide service and support administration in accordance	13811
with section 5126.15 of the Revised Code;	13812

(9) Certify respite care homes pursuant to rules adopted	13813
under section 5123.171 of the Revised Code by the director of	13814
developmental disabilities.	13815

(B) To the extent that rules adopted under this section apply	13816
to the identification and placement of children with disabilities	13817
under Chapter 3323. of the Revised Code, they shall be consistent	13818
with the standards and procedures established under sections	13819
3323.03 to 3323.05 of the Revised Code.	13820

(C) Any county board may enter into contracts with other such	13821
boards and with public or private, nonprofit, or profit-making	13822
agencies or organizations of the same or another county, to	13823
provide the facilities, programs, and services authorized or	13824
required, upon such terms as may be agreeable, and in accordance	13825
with this chapter and Chapter 3323. of the Revised Code and rules	13826
adopted thereunder and in accordance with sections 307.86 and	13827
5126.071 of the Revised Code.	13828

(D) A county board may combine transportation for children	13829
and adults enrolled in programs and services offered under section	13830
5126.12 with transportation for children enrolled in classes	13831
funded under section 3317.20 or units approved under section	13832
3317.05 of the Revised Code.	13833

(E) A county board may purchase all necessary insurance	13834
policies, may purchase equipment and supplies through the	13835
department of administrative services or from other sources, and	13836
may enter into agreements with public agencies or nonprofit	13837
organizations for cooperative purchasing arrangements.	13838

(F) A county board may receive by gift, grant, devise, or	13839
bequest any moneys, lands, or property for the benefit of the	13840
purposes for which the board is established and hold, apply, and	13841
dispose of the moneys, lands, and property according to the terms	13842
of the gift, grant, devise, or bequest. All money received by	13843
gift, grant, bequest, or disposition of lands or property received	13844
by gift, grant, devise, or bequest shall be deposited in the	13845
county treasury to the credit of such board and shall be available	13846
for use by the board for purposes determined or stated by the	13847
donor or grantor, but may not be used for personal expenses of the	13848
board members. Any interest or earnings accruing from such gift,	13849
grant, devise, or bequest shall be treated in the same manner and	13850
subject to the same provisions as such gift, grant, devise, or	13851
bequest.	13852

(G) The board of county commissioners shall levy taxes and	13853
make appropriations sufficient to enable the county board of	13854
developmental disabilities to perform its functions and duties,	13855
and may utilize any available local, state, and federal funds for	13856
such purpose.	13857

Sec. 5126.24. (A) As used in this section:

13858

(1) "License" means an educator license issued by the state	13859
board of education under section 3319.22 of the Revised Code or a	13860
certificate issued by the department of developmental	13861
disabilities.	13862

(2) "Teacher" means a person employed by a county board of	13863
developmental disabilities in a position that requires a license.	13864

(3) "Nonteaching employee" means a person employed by a	13865
county board of developmental disabilities in a position that does	13866
not require a license.	13867

~~(4) "Years of service" includes all service described in~~	13868
~~division (A) of section 3317.13 of the Revised Code.~~	13869

(B) Subject to rules established by the director of	13870
developmental disabilities pursuant to Chapter 119. of the Revised	13871
Code, each county board of developmental disabilities shall	13872
~~annually adopt separate salary schedules for~~pay teachers and	13873
nonteaching employees a salary based upon merit.	13874

(C) ~~The teachers' salary schedule shall provide for~~	13875
~~increments based on training and years of service. The board may~~	13876
~~establish its own service requirements provided no teacher~~	13877
~~receives less than the salary the teacher would be paid under~~	13878
~~section 3317.13 of the Revised Code if the teacher were employed~~	13879
~~by a school district board of education and provided full credit~~	13880
~~for a minimum of five years of actual teaching and military~~	13881
~~experience as defined in division (A) of such section is given to~~	13882
~~each teacher.~~	13883

~~Each teacher who has completed training that would qualify~~	13884
~~the teacher for a higher salary bracket pursuant to this section~~	13885
~~shall file by the fifteenth day of September with the fiscal~~	13886
~~officer of the board, satisfactory evidence of the completion of~~	13887
~~such additional training. The fiscal officer shall then~~	13888
~~immediately place the teacher, pursuant to this section, in the~~	13889
~~proper salary bracket in accordance with training and years of~~	13890
~~service. No teacher shall be paid less than the salary to which~~	13891
~~the teacher would be entitled under section 3317.13 of the Revised~~	13892
~~Code if the teacher were employed by a school district board of~~	13893
~~education.~~	13894

The superintendent of each county board, on or before the	13895
fifteenth day of October of each year, shall certify to the state	13896
board of education the name of each teacher employed, on an annual	13897
salary, in each special education program operated pursuant to	13898
section 3323.09 of the Revised Code during the first full school	13899
week of October. The superintendent further shall certify, for	13900
each teacher, the number of years of training completed at a	13901
recognized college, the degrees earned from a college recognized	13902
by the state board, the type of license held, the number of months	13903
employed by the board, the annual salary, and other information	13904
that the state board may request.	13905

(D) ~~The nonteaching employees' salary schedule established by~~	13906
~~the board shall be based on training, experience, and~~	13907
~~qualifications with initial salaries no less than salaries in~~	13908
~~effect on July 1, 1985.~~ Each board shall prepare and may amend	13909
from time to time, specifications descriptive of duties,	13910
responsibilities, requirements, and desirable qualifications of	13911
the classifications of employees required to perform the duties	13912
~~specified in the salary schedule~~required of the employees in	13913
those classifications. All nonteaching employees shall be notified	13914
of the position classification to which they are assigned ~~and the~~	13915
~~salary for the classification. The compensation of all nonteaching~~	13916
~~employees working for a particular board shall be uniform for like~~	13917
~~positions except as compensation would be affected by salary~~	13918
~~increments based upon length of service~~.	13919

On the fifteenth day of October of each year the nonteaching	13920
employees' ~~salary schedule and~~ list of job classifications and	13921
salaries in effect on that date shall be filed by each board with	13922
the superintendent of public instruction. If such ~~salary schedule~~	13923
~~and~~ classification plan is not filed, the superintendent of public	13924
instruction shall order the board to file such ~~schedule and~~ list	13925
forthwith. If this condition is not corrected within ten days	13926
after receipt of the order from the superintendent, no money shall	13927
be distributed to the district under Chapter 3306. or 3317. of the	13928
Revised Code until the superintendent has satisfactory evidence of	13929
the board's full compliance with such order.	13930

Sec. 5139.02. (A)(1) As used in this section, "managing	13931
officer" means a deputy director, an assistant deputy director, a	13932
superintendent, a regional administrator, a deputy superintendent,	13933
or the superintendent of schools of the department of youth	13934
services, a member of the release authority, the chief of staff to	13935
the release authority, and the victims administrator of the office	13936
of victim services.	13937

(2) Each division established by the director of youth	13938
services shall consist of managing officers and other employees,	13939
including those employed in institutions and regions as necessary	13940
to perform the functions assigned to them. The director or	13941
appropriate deputy director or managing officer of the department	13942
shall supervise the work of each division and determine general	13943
policies governing the exercise of powers vested in the department	13944
and assigned to each division. The appropriate managing officer or	13945
deputy director is responsible to the director for the	13946
organization, direction, and supervision of the work of the	13947
division or unit and for the exercise of the powers and the	13948
performance of the duties of the department assigned to it and,	13949
with the director's approval, may establish bureaus or other	13950
administrative units within the department.	13951

(B) The director shall appoint all managing officers, who	13952
shall be in the unclassified civil service. The director may	13953
appoint a person who holds a certified position in the classified	13954
service within the department to a position as a managing officer	13955
within the department. A person appointed pursuant to this	13956
division to a position as a managing officer shall retain the	13957
right to resume the position and status held by the person in the	13958
classified service immediately prior to the person's appointment	13959
as managing officer, regardless of the number of positions the	13960
person held in the unclassified service. A managing officer's	13961
right to resume a position in the classified service may only be	13962
exercised when the director demotes the managing officer to a pay	13963
~~range~~level lower than the managing officer's current pay ~~range~~	13964
level or revokes the managing officer's appointment to the	13965
position of managing officer. A managing officer forfeits the	13966
right to resume a position in the classified service when the	13967
managing officer is removed from the position of managing officer	13968
due to incompetence, inefficiency, dishonesty, drunkenness,	13969
immoral conduct, insubordination, discourteous treatment of the	13970
public, neglect of duty, violation of this chapter or Chapter 124.	13971
of the Revised Code, the rules of the director of youth services	13972
or the director of administrative services, any other failure of	13973
good behavior, any other acts of misfeasance, malfeasance, or	13974
nonfeasance in office, or conviction of a felony. A managing	13975
officer also forfeits the right to resume a position in the	13976
classified service upon transfer to a different agency.	13977

Reinstatement to a position in the classified service shall	13978
be to the position held in the classified service immediately	13979
prior to appointment as managing officer, or to another position	13980
certified by the director of administrative services as being	13981
substantially equal to that position. If the position the person	13982
previously held in the classified service immediately prior to	13983
appointment as a managing officer has been placed in the	13984
unclassified service or is otherwise unavailable, the person shall	13985
be appointed to a position in the classified service within the	13986
department that the director of administrative services certifies	13987
is comparable in compensation to the position the person	13988
previously held in the classified service. Service as a managing	13989
officer shall be counted as service in the position in the	13990
classified service held by the person immediately prior to the	13991
person's appointment as a managing officer. If a person is	13992
reinstated to a position in the classified service under this	13993
division, the person shall be returned to the pay ~~range and step~~	13994
level to which the person had been assigned at the time of the	13995
appointment as managing officer. ~~Longevity, where applicable,~~	13996
~~shall be calculated pursuant to the provisions of section 124.181~~	13997
~~of the Revised Code.~~	13998

(C) Each person appointed as a managing officer shall have	13999
received special training and shall have experience in the type of	14000
work that the person's division is required to perform. Each	14001
managing officer, under the supervision of the director, has	14002
entire charge of the division, institution, unit, or region for	14003
which the managing officer is appointed and, with the director's	14004
approval, shall appoint necessary employees and may remove them	14005
for cause.	14006

(D) The director may designate one or more deputy directors	14007
to sign any personnel actions on the director's behalf. The	14008
director shall make a designation in a writing signed by the	14009
director, and the designation shall remain in effect until the	14010
director revokes or supersedes it with a new designation.	14011

Sec. 5501.20. (A) As used in this section:

14012

(1) "Career professional service" means that part of the	14013
competitive classified service that consists of employees of the	14014
department of transportation who, regardless of job	14015
classification, meet both of the following qualifications:	14016

(a) They are supervisors, professional employees ~~who are not~~	14017
~~in a collective bargaining unit~~, confidential employees, or	14018
management level employees, all as defined in section 4117.01 of	14019
the Revised Code.	14020

(b) They exercise authority that is not merely routine or	14021
clerical in nature and report only to a higher level unclassified	14022
employee or employee in the career professional service.	14023

(2) "Demoted" means that an employee is placed in a position	14024
where the employee's wage rate equals, or is not more than twenty	14025
per cent less than, the employee's wage rate immediately prior to	14026
demotion or where the employee's job responsibilities are reduced,	14027
or both.	14028

(3) "Employee in the career professional service with	14029
restoration rights" means an employee in the career professional	14030
service who has been in the classified civil service for at least	14031
two years and who has a cumulative total of at least ten years of	14032
continuous service with the department of transportation.	14033

(B) Not later than the first day of July of each odd-numbered	14034
year, the director of transportation shall adopt a rule in	14035
accordance with section 111.15 of the Revised Code that	14036
establishes a business plan for the department of transportation	14037
that states the department's mission, business objectives, and	14038
strategies and that establishes a procedure by which employees in	14039
the career professional service will be held accountable for their	14040
performance. The director shall adopt a rule that establishes a	14041
business plan for the department only once in each two years.	14042
Within sixty days after the effective date of a rule that	14043
establishes a business plan for the department, the director shall	14044
adopt a rule in accordance with section 111.15 of the Revised Code	14045
that identifies specific positions within the department of	14046
transportation that are included in the career professional	14047
service. The director may amend the rule that identifies the	14048
specific positions included in the career professional service	14049
whenever the director determines necessary. Any rule adopted under	14050
this division is subject to review and invalidation by the joint	14051
committee on agency rule review as provided in division (D) of	14052
section 111.15 of the Revised Code. The director shall provide a	14053
copy of any rule adopted under this division to the director of	14054
budget and management.	14055

Except as otherwise provided in this section, an employee in	14056
the career professional service is subject to the provisions of	14057
Chapter 124. of the Revised Code that govern employees in the	14058
classified civil service.	14059

(C) After an employee is appointed to a position in the	14060
career professional service, the employee's direct supervisor	14061
shall provide the employee appointed to that position with a	14062
written performance action plan that describes the department's	14063
expectations for that employee in fulfilling the mission, business	14064
objectives, and strategies stated in the department's business	14065
plan. No sooner than four months after being appointed to a	14066
position in the career professional service, an employee appointed	14067
to that position shall receive a written performance review based	14068
on the employee's fulfillment of the mission, business objectives,	14069
and strategies stated in the department's business plan. After the	14070
initial performance review, the employee shall receive a written	14071
performance review at least once each year or as often as the	14072
director considers necessary. The department shall give an	14073
employee whose performance is unsatisfactory an opportunity to	14074
improve performance for a period of at least six months, by means	14075
of a written corrective action plan, before the department takes	14076
any disciplinary action under this section or section 124.34 of	14077
the Revised Code. The department shall base its performance review	14078
forms on its business plan.	14079

(D) An employee in the career professional service may be	14080
suspended, demoted, or removed because of performance that hinders	14081
or restricts the fulfillment of the department's business plan or	14082
for disciplinary reasons under section 124.34 or 124.57 of the	14083
Revised Code. An employee in the career professional service may	14084
appeal only the employee's removal to the state personnel board of	14085
review. An employee in the career professional service may appeal	14086
a demotion or a suspension of more than three days pursuant to	14087
rules the director adopts in accordance with section 111.15 of the	14088
Revised Code.	14089

(E) An employee in the career professional service with	14090
restoration rights has restoration rights if demoted because of	14091
performance that hinders or restricts fulfillment of the mission,	14092
business objectives, or strategies stated in the department's	14093
business plan, but not if involuntarily demoted or removed for any	14094
of the reasons described in section 124.34 or for a violation of	14095
section 124.57 of the Revised Code. The director shall demote an	14096
employee who has restoration rights of that nature to a position	14097
in the classified service that in the director's judgment is	14098
similar in nature to the position the employee held immediately	14099
prior to being appointed to the position in the career	14100
professional service. The director shall assign to an employee who	14101
is demoted to a position in the classified service as provided in	14102
this division a wage rate that equals, or that is not more than	14103
twenty per cent less than, the wage rate assigned to the employee	14104
in the career professional service immediately prior to the	14105
employee's demotion.	14106

Sec. 5502.01. (A) The department of public safety shall	14107
administer and enforce the laws relating to the registration,	14108
licensing, sale, and operation of motor vehicles and the laws	14109
pertaining to the licensing of drivers of motor vehicles.	14110

The department shall compile, analyze, and publish statistics	14111
relative to motor vehicle accidents and the causes of them,	14112
prepare and conduct educational programs for the purpose of	14113
promoting safety in the operation of motor vehicles on the	14114
highways, and conduct research and studies for the purpose of	14115
promoting safety on the highways of this state.	14116

(B) The department shall administer the laws and rules	14117
relative to trauma and emergency medical services specified in	14118
Chapter 4765. of the Revised Code.	14119

(C) The department shall administer and enforce the laws	14120
contained in Chapters 4301. and 4303. of the Revised Code and	14121
enforce the rules and orders of the liquor control commission	14122
pertaining to retail liquor permit holders.	14123

(D) The department shall administer the laws governing the	14124
state emergency management agency and shall enforce all additional	14125
duties and responsibilities as prescribed in the Revised Code	14126
related to emergency management services.	14127

(E) The department shall conduct investigations pursuant to	14128
Chapter 5101. of the Revised Code in support of the duty of the	14129
department of job and family services to administer the	14130
supplemental nutrition assistance program throughout this state.	14131
The department of public safety shall conduct investigations	14132
necessary to protect the state's property rights and interests in	14133
the supplemental nutrition assistance program.	14134

(F) The department of public safety shall enforce compliance	14135
with orders and rules of the public utilities commission and	14136
applicable laws in accordance with Chapters 4919., 4921., and	14137
4923. of the Revised Code regarding commercial motor vehicle	14138
transportation safety, economic, and hazardous materials	14139
requirements.	14140

(G) ~~Notwithstanding Chapter 4117. of the Revised Code, the~~	14141
The department of public safety may establish requirements for its	14142
enforcement personnel, including its enforcement agents described	14143
in section 5502.14 of the Revised Code, that include standards of	14144
conduct, work rules and procedures, and criteria for eligibility	14145
as law enforcement personnel.	14146

(H) The department shall administer, maintain, and operate	14147
the Ohio criminal justice network. The Ohio criminal justice	14148
network shall be a computer network that supports state and local	14149
criminal justice activities. The network shall be an electronic	14150
repository for various data, which may include arrest warrants,	14151
notices of persons wanted by law enforcement agencies, criminal	14152
records, prison inmate records, stolen vehicle records, vehicle	14153
operator's licenses, and vehicle registrations and titles.	14154

(I) The department shall coordinate all homeland security	14155
activities of all state agencies and shall be a liaison between	14156
state agencies and local entities for those activities and related	14157
purposes.	14158

(J) Beginning July 1, 2004, the department shall administer	14159
and enforce the laws relative to private investigators and	14160
security service providers specified in Chapter 4749. of the	14161
Revised Code.	14162

(K) The department shall administer criminal justice services	14163
in accordance with sections 5502.61 to 5502.66 of the Revised	14164
Code.	14165

Sec. 5502.62. (A) There is hereby created in the department	14166
of public safety a division of criminal justice services. The	14167
director of public safety, with the concurrence of the governor,	14168
shall appoint an executive director of the division of criminal	14169
justice services. The executive director shall be the head of the	14170
division. The executive director shall serve at the pleasure of	14171
the director of public safety. To carry out the duties assigned	14172
under this section and to comply with sections 5502.63 to 5502.66	14173
of the Revised Code, the executive director, subject to the	14174
direction and control of the director of public safety, may	14175
appoint and maintain any necessary staff and may enter into any	14176
necessary contracts and other agreements. The executive director	14177
of the division, and all professional and technical personnel	14178
employed within the division who ~~are~~would not have been	14179
considered public employees as defined in former section 4117.01	14180
of the Revised Code as that section existed immediately prior to	14181
the effective date of this amendment, shall be in the unclassified	14182
civil service, and all other persons employed within the division	14183
shall be in the classified civil service.	14184

(B) Subject to division (F) of this section and subject to	14185
divisions (D) to (F) of section 5120.09 of the Revised Code	14186
insofar as those divisions relate to federal criminal justice acts	14187
that the governor requires the department of rehabilitation and	14188
correction to administer, the division of criminal justice	14189
services shall do all of the following:	14190

(1) Serve as the state criminal justice services agency and	14191
perform criminal justice system planning in the state, including	14192
any planning that is required by any federal law;	14193

(2) Collect, analyze, and correlate information and data	14194
concerning the criminal justice system in the state;	14195

(3) Cooperate with and provide technical assistance to state	14196
departments, administrative planning districts, metropolitan	14197
county criminal justice services agencies, criminal justice	14198
coordinating councils, agencies, offices, and departments of the	14199
criminal justice system in the state, and other appropriate	14200
organizations and persons;	14201

(4) Encourage and assist agencies, offices, and departments	14202
of the criminal justice system in the state and other appropriate	14203
organizations and persons to solve problems that relate to the	14204
duties of the division;	14205

(5) Administer within the state any federal criminal justice	14206
acts that the governor requires it to administer;	14207

(6) Administer funds received under the "Family Violence	14208
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	14209
10401, as amended, with all powers necessary for the adequate	14210
administration of those funds, including the authority to	14211
establish a family violence prevention and services program;	14212

(7) Implement the state comprehensive plans;

14213

(8) Audit grant activities of agencies, offices,	14214
organizations, and persons that are financed in whole or in part	14215
by funds granted through the division;	14216

(9) Monitor or evaluate the performance of criminal justice	14217
system projects and programs in the state that are financed in	14218
whole or in part by funds granted through the division;	14219

(10) Apply for, allocate, disburse, and account for grants	14220
that are made available pursuant to federal criminal justice acts,	14221
or made available from other federal, state, or private sources,	14222
to improve the criminal justice system in the state. All money	14223
from such federal grants that require that the money be deposited	14224
into an interest-bearing fund or account, that are intended to	14225
provide funding to local criminal justice programs, and that	14226
require that investment earnings be distributed for program	14227
purposes shall be deposited in the state treasury to the credit of	14228
the federal justice programs funds, which are hereby created. A	14229
separate fund shall be established each federal fiscal year. All	14230
investment earnings of a federal justice programs fund shall be	14231
credited to that fund and distributed in accordance with the terms	14232
of the grant under which the money is received. If the terms under	14233
which the money is received do not require the money to be	14234
deposited into an interest-bearing fund or account, all money from	14235
such federal grants shall be deposited into the state treasury to	14236
the credit of the federal justice grants fund, which is hereby	14237
created. Money credited to the fund shall be used or distributed	14238
pursuant to the federal grant programs under which the money is	14239
received.	14240

(11) Contract with federal, state, and local agencies,	14241
foundations, corporations, businesses, and persons when necessary	14242
to carry out the duties of the division;	14243

(12) Oversee the activities of metropolitan county criminal	14244
justice services agencies, administrative planning districts, and	14245
criminal justice coordinating councils in the state;	14246

(13) Advise the director of public safety, general assembly,	14247
and governor on legislation and other significant matters that	14248
pertain to the improvement and reform of criminal and juvenile	14249
justice systems in the state;	14250

(14) Prepare and recommend legislation to the director of	14251
public safety, general assembly, and governor for the improvement	14252
of the criminal and juvenile justice systems in the state;	14253

(15) Assist, advise, and make any reports that are requested	14254
or required by the governor, director of public safety, attorney	14255
general, or general assembly;	14256

(16) Develop and maintain the Ohio incident-based reporting	14257
system in accordance with division (C) of this section;	14258

(17) Subject to the approval of the director of public	14259
safety, adopt rules pursuant to Chapter 119. of the Revised Code;	14260

(18)(a) Not later than June 1, 2007, and subject to the	14261
approval of the director of public safety, adopt rules for the	14262
establishment and maintenance of a mcgruff house program by any	14263
sponsoring agency. The rules shall include the following:	14264

(i) The adoption of the mcgruff house symbol to be used	14265
exclusively in all mcgruff house programs in this state;	14266

(ii) The requirements for any sponsoring agency to establish	14267
and maintain a mcgruff house program;	14268

(iii) The criteria for the selection of volunteers to	14269
participate in a mcgruff house program that shall include, but not	14270
be limited to, criminal background checks of those volunteers;	14271

(iv) Any other matters that the division of criminal justice	14272
services considers necessary for the establishment and maintenance	14273
of mcgruff house programs by sponsoring agencies and the	14274
participation of volunteers in those programs.	14275

(b) The division of criminal justice services shall	14276
distribute materials and provide technical assistance to any	14277
sponsoring agency that establishes and maintains a mcgruff house	14278
program, any volunteer group or organization that provides	14279
assistance to that sponsoring agency, or any volunteer who	14280
participates in a mcgruff house program.	14281

(C) The division of criminal justice services shall develop	14282
and maintain the Ohio incident-based reporting system to	14283
facilitate the sharing of information with the federal bureau of	14284
investigation and participating law enforcement agencies in Ohio.	14285
The Ohio incident-based reporting system shall be known as OIBRS.	14286
In connection with OIBRS, the division shall do all of the	14287
following:	14288

(1) Collect and organize statistical data for reporting to	14289
the national incident-based reporting system operated by the	14290
federal bureau of investigation for the purpose of securing	14291
federal criminal justice grants;	14292

(2) Analyze and highlight mapping data for participating law	14293
enforcement agencies;	14294

(3) Distribute data and analyses to participating law	14295
enforcement agencies;	14296

(4) Encourage nonparticipating law enforcement agencies to	14297
participate in OIBRS by offering demonstrations, training, and	14298
technical assistance;	14299

(5) Provide assistance, advice, and reports requested by the	14300
governor, the general assembly, or the federal bureau of	14301
investigation;	14302

(6) Require every law enforcement agency that receives	14303
federal criminal justice grants or state criminal justice	14304
information system general revenue funds through the division to	14305
participate in OIBRS or in the uniform crime reporting program of	14306
the federal bureau of investigation. An agency that submits OIBRS	14307
data to the Ohio local law enforcement information sharing network	14308
shall be considered to be in compliance with division (C)(6) of	14309
this section if both of the following apply:	14310

(a) The Ohio local law enforcement information sharing	14311
network is capable of collecting OIBRS data.	14312

(b) The division of criminal justice services has the ability	14313
to extract the OIBRS data for reporting to the national	14314
incident-based reporting system in the manner required by the	14315
federal bureau of investigation.	14316

(D) Upon the request of the director of public safety or	14317
governor, the division of criminal justice services may do any of	14318
the following:	14319

(1) Collect, analyze, or correlate information and data	14320
concerning the juvenile justice system in the state;	14321

(2) Cooperate with and provide technical assistance to state	14322
departments, administrative planning districts, metropolitan	14323
county criminal justice service agencies, criminal justice	14324
coordinating councils, agency offices, and the departments of the	14325
juvenile justice system in the state and other appropriate	14326
organizations and persons;	14327

(3) Encourage and assist agencies, offices, and departments	14328
of the juvenile justice system in the state and other appropriate	14329
organizations and persons to solve problems that relate to the	14330
duties of the division.	14331

(E) Divisions (B), (C), and (D) of this section do not limit	14332
the discretion or authority of the attorney general with respect	14333
to crime victim assistance and criminal justice programs.	14334

(F) Nothing in this section is intended to diminish or alter	14335
the status of the office of the attorney general as a criminal	14336
justice services agency or to diminish or alter the status or	14337
discourage the development and use of other law enforcement	14338
information systems in Ohio.	14339

Sec. 5503.03. The state highway patrol and the	14340
superintendent of the state highway patrol shall be furnished by	14341
the state with such vehicles, equipment, and supplies as the	14342
director of public safety deems necessary, all of which shall	14343
remain the property of the state and be strictly accounted for by	14344
each member of the patrol.	14345

The patrol may be equipped with standardized and tested	14346
devices for weighing vehicles, and may stop and weigh any vehicle	14347
which appears to weigh in excess of the amounts permitted by	14348
sections 5577.01 to 5577.14 of the Revised Code.	14349

The superintendent, with the approval of the director, shall	14350
prescribe rules for instruction and discipline, make all	14351
administrative rules, and fix the hours of duty for patrol	14352
officers. HeThe superintendent shall divide the state into	14353
districts and assign members of the patrol to such districts in a	14354
manner that hethe superintendent deems proper. HeThe	14355
superintendent may transfer members of the patrol from one	14356
district to another, and classify and rank members of the patrol.	14357
All promotions to a higher grade shall be made from the next lower	14358
grade. When a patrol officer is promoted by the superintendent,	14359
the officer's salary shall be increased ~~to that of the lowest step~~	14360
~~in the pay range for the new grade which shall increase the~~	14361
~~officer's salary or wage~~ by at least nine per cent of the base pay	14362
wherever possible.	14363

Sec. 5505.15. (A)(1) A member of the state highway patrol	14364
retirement system shall contribute ten per cent of the member's	14365
annual salary to the state highway patrol retirement fund. The	14366
amount shall be deducted by the employer from the employee's	14367
salary for each payroll period.	14368

The contributions required under this section shall not be	14369
paid by an employer on an employee's behalf, but may be treated as	14370
employer contributions for purposes of state and federal income	14371
tax deferred income provisions.	14372

(2) The total contributions arising from deductions made	14373
prior to January 1, 1966, from the salaries of members in the	14374
employ of the state highway patrol and standing to the credit of	14375
their individual accounts in the retirement fund shall be	14376
transferred and credited to their respective individual accounts	14377
in the employees' savings fund.	14378

(B) The state shall annually pay into the employer	14379
accumulation fund, in monthly or less frequent installments as the	14380
state highway patrol retirement board requires, the employer	14381
contribution. The employer contribution shall be an amount equal	14382
to twenty-six and one-half per cent of the total salaries paid	14383
contributing members. If a member severs connection with the	14384
patrol or is dismissed, the employer contribution shall remain in	14385
the retirement system.	14386

The rate percentage of the employer contribution shall be	14387
certified by the board to the director of budget and management	14388
and shall not be lower than nine per cent of the total salaries	14389
paid contributing members and shall not exceed three times the	14390
rate percentage being deducted from the annual salaries of	14391
contributing members. The board shall prepare and submit to the	14392
director, on or before the first day of November of each	14393
even-numbered year, an estimate of the amounts necessary to pay	14394
the state's obligations accruing during the biennium beginning the	14395
first day of July of the following year. Such amounts shall be	14396
included in the budget and allocated as certified by the board.	14397

Sec. 5703.09. Each member of the board of tax appeals shall	14398
receive a salary fixed pursuant to division ~~(J)~~(A) of section	14399
124.15 of the Revised Code for each day spent in the discharge of	14400
~~his~~ official duties and shall be reimbursed for ~~his~~ actual and	14401
necessary expenses incurred in the discharge of such duties.	14402

Sec. 5705.412. (A) As used in this section, "qualifying	14403
contract" means any agreement for the expenditure of money under	14404
which aggregate payments from the funds included in the school	14405
district's five-year forecast under section 5705.391 of the	14406
Revised Code will exceed the lesser of the following amounts:	14407

(1) Five hundred thousand dollars;

14408

(2) One per cent of the total revenue to be credited in the	14409
current fiscal year to the district's general fund, as specified	14410
in the district's most recent certificate of estimated resources	14411
certified under section 5705.36 of the Revised Code.	14412

(B) Notwithstanding section 5705.41 of the Revised Code, no	14413
school district shall adopt any appropriation measure, make any	14414
qualifying contract, or increase during any school year any wage	14415
or salary ~~schedule~~ unless there is attached thereto a certificate,	14416
signed as required by this section, that the school district has	14417
in effect the authorization to levy taxes including the renewal or	14418
replacement of existing levies which, when combined with the	14419
estimated revenue from all other sources available to the district	14420
at the time of certification, are sufficient to provide the	14421
operating revenues necessary to enable the district to maintain	14422
all personnel and programs for all the days set forth in its	14423
adopted school calendars for the current fiscal year and for a	14424
number of days in succeeding fiscal years equal to the number of	14425
days instruction was held or is scheduled for the current fiscal	14426
year, as follows:	14427

(1) A certificate attached to an appropriation measure under	14428
this section shall cover only the fiscal year in which the	14429
appropriation measure is effective and shall not consider the	14430
renewal or replacement of an existing levy as the authority to	14431
levy taxes that are subject to appropriation in the current fiscal	14432
year unless the renewal or replacement levy has been approved by	14433
the electors and is subject to appropriation in the current fiscal	14434
year.	14435

(2) A certificate attached, in accordance with this section,	14436
to any qualifying contract shall cover the term of the contract.	14437

(3) A certificate attached under this section to a wage or	14438
salary ~~schedule~~increase shall cover the term of the ~~schedule~~	14439
increase.	14440

If the board of education has not adopted a school calendar	14441
for the school year beginning on the first day of the fiscal year	14442
in which a certificate is required, the certificate attached to an	14443
appropriation measure shall include the number of days on which	14444
instruction was held in the preceding fiscal year and other	14445
certificates required under this section shall include that number	14446
of days for the fiscal year in which the certificate is required	14447
and any succeeding fiscal years that the certificate must cover.	14448

The certificate shall be signed by the treasurer and	14449
president of the board of education and the superintendent of the	14450
school district, unless the district is in a state of fiscal	14451
emergency declared under Chapter 3316. of the Revised Code. In	14452
that case, the certificate shall be signed by a member of the	14453
district's financial planning and supervision commission who is	14454
designated by the commission for this purpose.	14455

(C) Every qualifying contract made or wage or salary ~~schedule~~	14456
~~adopted or~~increase put into effect without such a certificate	14457
shall be void, and no payment of any amount due thereon shall be	14458
made.	14459

(D) The department of education and the auditor of state	14460
jointly shall adopt rules governing the methods by which	14461
treasurers, presidents of boards of education, superintendents,	14462
and members of financial planning and supervision commissions	14463
shall estimate revenue and determine whether such revenue is	14464
sufficient to provide necessary operating revenue for the purpose	14465
of making certifications required by this section.	14466

(E) The auditor of state shall be responsible for determining	14467
whether school districts are in compliance with this section. At	14468
the time a school district is audited pursuant to section 117.11	14469
of the Revised Code, the auditor of state shall review each	14470
certificate issued under this section since the district's last	14471
audit, and the appropriation measure, contract, or wage ~~and~~or	14472
salary ~~schedule~~increase to which such certificate was attached.	14473
If the auditor of state determines that a school district has not	14474
complied with this section with respect to any qualifying contract	14475
or wage or salary ~~schedule~~increase, the auditor of state shall	14476
notify the prosecuting attorney for the county, the city director	14477
of law, or other chief law officer of the school district. That	14478
officer may file a civil action in any court of appropriate	14479
jurisdiction to seek a declaration that the contract or wage or	14480
salary ~~schedule~~increase is void, to recover for the school	14481
district from the payee the amount of payments already made under	14482
it, or both, except that the officer shall not seek to recover	14483
payments made under any collective bargaining agreement entered	14484
into under Chapter 4117. of the Revised Code. If the officer does	14485
not file such an action within one hundred twenty days after	14486
receiving notice of noncompliance from the auditor of state, any	14487
taxpayer may institute the action in the taxpayer's own name on	14488
behalf of the school district.	14489

(F) This section does not apply to any contract or increase	14490
in any wage or salary ~~schedule~~ that is necessary in order to	14491
enable a board of education to comply with division (B) of section	14492
3317.13 of the Revised Code, provided the contract or increase	14493
does not exceed the amount required to be paid to be in compliance	14494
with such division.	14495

(G) Any officer, employee, or other person who expends or	14496
authorizes the expenditure of any public funds or authorizes or	14497
executes any contract or ~~schedule~~increase contrary to this	14498
section, expends or authorizes the expenditure of any public funds	14499
on the void contract or ~~schedule~~increase, or issues a certificate	14500
under this section which contains any false statements is liable	14501
to the school district for the full amount paid from the	14502
district's funds on the contract or ~~schedule~~increase. The	14503
officer, employee, or other person is jointly and severally liable	14504
in person and upon any official bond that the officer, employee,	14505
or other person has given to the school district to the extent of	14506
any payments on the void claim, not to exceed ten thousand	14507
dollars. However, no officer, employee, or other person shall be	14508
liable for a mistaken estimate of available resources made in good	14509
faith and based upon reasonable grounds. If an officer, employee,	14510
or other person is found to have complied with rules jointly	14511
adopted by the department of education and the auditor of state	14512
under this section governing methods by which revenue shall be	14513
estimated and determined sufficient to provide necessary operating	14514
revenue for the purpose of making certifications required by this	14515
section, the officer, employee, or other person shall not be	14516
liable under this section if the estimates and determinations made	14517
according to those rules do not, in fact, conform with actual	14518
revenue. The prosecuting attorney of the county, the city director	14519
of law, or other chief law officer of the district shall enforce	14520
this liability by civil action brought in any court of appropriate	14521
jurisdiction in the name of and on behalf of the school district.	14522
If the prosecuting attorney, city director of law, or other chief	14523
law officer of the district fails, upon the written request of any	14524
taxpayer, to institute action for the enforcement of the	14525
liability, the attorney general, or the taxpayer in the taxpayer's	14526
own name, may institute the action on behalf of the subdivision.	14527

(H) This section does not require the attachment of an	14528
additional certificate beyond that required by section 5705.41 of	14529
the Revised Code for current payrolls of, or contracts of	14530
employment with, any employees or officers of the school district.	14531

This section does not require the attachment of a certificate	14532
to a temporary appropriation measure if all of the following	14533
apply:	14534

(1) The amount appropriated does not exceed twenty-five per	14535
cent of the total amount from all sources available for	14536
expenditure from any fund during the preceding fiscal year;	14537

(2) The measure will not be in effect on or after the	14538
thirtieth day following the earliest date on which the district	14539
may pass an annual appropriation measure;	14540

(3) An amended official certificate of estimated resources	14541
for the current year, if required, has not been certified to the	14542
board of education under division (B) of section 5705.36 of the	14543
Revised Code.	14544

Sec. 5907.02. The director of veterans services shall govern	14545
the Ohio veterans' homes and have charge and custody of the homes'	14546
facilities. The director shall govern, conduct, and care for	14547
veterans' homes, the property of the homes, and the veterans	14548
residing in the homes.	14549

All supplies for the veterans' homes shall be purchased as	14550
provided in sections 125.04 to 125.15 of the Revised Code.	14551

The director shall appoint a superintendent of the Ohio	14552
veterans' homes upon any terms that are proper, and the	14553
superintendent, with the advice and consent of the director, shall	14554
employ aides, assistants, and employees, and perform other duties	14555
that may be assigned to the superintendent by the director or	14556
become necessary in the carrying out of the superintendent's	14557
duties. The superintendent shall be responsible directly to the	14558
director.	14559

Subject to section 5907.021 of the Revised Code, the	14560
superintendent may appoint one or more employees at each veterans'	14561
home as veterans' home police officers authorized to act on the	14562
grounds of that home. The superintendent shall provide to those	14563
employees a copy of the rules that apply to their appointment. The	14564
rules shall specify whether or not the police officers may carry a	14565
firearm.	14566

Subject to section 5907.021 of the Revised Code, the	14567
superintendent shall appoint a chief of police, determine the	14568
number of officers and other personnel required by each veterans'	14569
home, and establish ~~salary schedules~~salaries and other conditions	14570
of employment for veterans' homes police officers. The chief of	14571
police shall serve at the pleasure of the superintendent and shall	14572
recommend appointment of officers as the veterans' homes may	14573
require, subject to the rules and limits that the superintendent	14574
establishes regarding qualifications, salary ranges, and the	14575
number of personnel. The superintendent, with the approval of the	14576
director, may purchase or otherwise acquire any police apparatus,	14577
equipment, or materials, including a police communication system	14578
and vehicles, that the veterans' homes police officers may	14579
require. The superintendent may send one or more of the officers	14580
or employees nominated by the police chief to a school of	14581
instruction designed to provide additional training or skills	14582
related to their work assignment at their veterans' home. The	14583
superintendent may send those officers or employees to the Ohio	14584
peace officer training academy that the superintendent considers	14585
appropriate.	14586

Section 2. That existing sections 9.06, 9.90, 102.02,	14587
103.74, 109.33, 120.40, 121.40, 122.40, 122.64, 122.72, 124.03,	14588
124.11, 124.14, 124.15, 124.151, 124.152, 124.181, 124.182,	14589
124.322, 124.325, 124.327, 124.34, 124.38, 124.382, 124.388,	14590
124.39, 124.81, 124.82, 124.823, 125.211, 126.32, 141.01, 141.02,	14591
145.012, 145.47, 175.05, 306.04, 307.054, 339.06, 339.07, 340.04,	14592
505.38, 505.49, 505.60, 709.012, 742.31, 749.082, 749.083, 917.03,	14593
927.69, 991.02, 1347.15, 1347.99, 1349.71, 1509.35, 1513.182,	14594
1513.29, 1545.071, 1551.35, 1707.36, 1707.46, 3101.01, 3301.03,	14595
3304.12, 3304.50, 3306.01, 3307.27, 3307.77, 3309.47, 3311.19,	14596
3313.12, 3313.202, 3313.23, 3313.24, 3313.33, 3313.42, 3316.07,	14597
3317.01, 3317.018, 3317.11, 3317.13, 3318.31, 3319.01, 3319.011,	14598
3319.02, 3319.06, 3319.08, 3319.084, 3319.085, 3319.088, 3319.09,	14599
3319.10, 3319.11, 3319.13, 3319.14, 3319.141, 3319.17, 3319.172,	14600
3319.18, 3319.63, 3332.03, 3304.08, 3345.31, 3345.45, 3353.03,	14601
3517.152, 3701.33, 3733.49, 3737.81, 3737.90, 3770.02, 3772.06,	14602
3773.33, 3781.07, 3901.07, 4112.03, 4117.01, 4117.02, 4117.03,	14603
4117.06, 4117.08, 4117.09, 4117.10, 4117.11, 4117.14, 4117.15,	14604
4117.20, 4121.03, 4121.121, 4121.351, 4121.38, 4121.69, 4121.77,	14605
4123.352, 4301.07, 4517.30, 4701.03, 4701.05, 4703.03, 4703.31,	14606
4709.04, 4715.06, 4717.02, 4723.02, 4725.06, 4725.46, 4729.03,	14607
4730.05, 4731.03, 4732.05, 4733.05, 4734.03, 4738.09, 4741.02,	14608
4747.03, 4753.04, 4755.01, 4757.05, 4758.12, 4759.03, 4761.02,	14609
4763.02, 4775.05, 4905.10, 4906.02, 4911.07, 4911.12, 5119.071,	14610
5119.09, 5123.08, 5123.51, 5126.0220, 5126.05, 5126.24, 5139.02,	14611
5501.20, 5502.01, 5502.62, 5503.03, 5505.15, 5703.09, 5705.412,	14612
and 5907.02 and sections 9.901, 3317.12, 3317.14, 3319.131,	14613
3319.142, 3319.143, and 4117.22 of the Revised Code are hereby	14614
repealed.	14615

Section 3. (A) As used in this section:

14616

(1) "Public employer" means the state, a state university or	14617
college, school district, or public entity subject to Chapter 118.	14618
of the Revised Code.	14619

(2) "State" means the state of Ohio and any agency, board, or	14620
commission of the state.	14621

(3) "State retirement system" means the Public Employees	14622
Retirement System, Ohio Police and Fire Pension Fund, State	14623
Teachers Retirement System, School Employees Retirement System, or	14624
State Highway Patrol Retirement System.	14625

(4) "State university or college" has the same meaning as in	14626
section 3345.71 of the Revised Code.	14627

(B) Notwithstanding any provision of section 4117.08 or	14628
4117.10 of the Revised Code or of a collective bargaining	14629
agreement to the contrary, if the Governor declares the state to	14630
be in a state of fiscal emergency under section 126.05 of the	14631
Revised Code, the Auditor of State declares a public entity to be	14632
in a state of fiscal emergency pursuant to Chapter 118. of the	14633
Revised Code or a school district to be in a state of emergency	14634
under section 3316.03 of the Revised Code, or a conservator is	14635
appointed for a state university or college under section 3345.74	14636
of the Revised Code, the applicable public employer may set aside	14637
any provision of a collective bargaining agreement in existence	14638
immediately prior to the effective date of this act to which the	14639
public employer is a party.	14640

(C) The General Assembly hereby declares that the public	14641
purpose regarding allowing a public employer to set aside	14642
provisions of a collective bargaining agreement in existence on	14643
the effective date of this act as described in division (B) of	14644
this section is that given the current difficult economic climate	14645
a public employer who is in a state of fiscal emergency needs the	14646
flexibility to adjust payroll and staffing levels to ensure that	14647
core services are provided to the people of Ohio. Additionally, a	14648
public employer should not be hampered by provisions in a	14649
collective bargaining agreement to which the public employer did	14650
not necessarily fully agree.	14651

Section 4. Any collective bargaining agreements covering	14652
employees of the state, any agency, authority, commission, or	14653
board of the state, or state institution of higher education that	14654
exist on the effective date of this act shall expire in accordance	14655
with the terms of the agreement. However, no such collective	14656
bargaining agreement shall be modified, renewed, or extended on or	14657
after the effective date of this act. Any such collective	14658
bargaining agreement in existence on the effective date of this	14659
act shall be governed by Chapter 4117. of the Revised Code and any	14660
other provision of law applicable to the agreement as that chapter	14661
or those laws existed immediately prior to the effective date of	14662
this act. Notwithstanding the amendments to the sections in	14663
Section 1 of this act, those amendments to those sections have no	14664
effect on an individual subject to an agreement that exists on the	14665
effective date of this act until that agreement expires. As used	14666
in this section, "state" and "state institution of higher	14667
education" have the same meanings as in section 4117.01 of the	14668
Revised Code, as amended by this act.	14669

Section 5. (A) Upon the date the last collective bargaining	14670
agreement expires as described in Section 4 of this act, the	14671
Office of Collective Bargaining is abolished. The assets and	14672
liabilities of the Office are transferred to the Department of	14673
Administrative Services.	14674

(B) The Office shall continue performing the duties of the	14675
Board or the Office as those duties are specified in Chapter 4117.	14676
of the Revised Code as that chapter existed immediately prior to	14677
the effective date of this act.	14678

(C) The Department is thereupon and thereafter successor to,	14679
and assumes the obligations of, the Office.	14680

Any business commenced but not completed by the Office on the	14681
date specified in division (A) of this section shall be completed	14682
by the Department or the Director of Administrative Services, as	14683
applicable, in the same manner, and with the same effect, as if	14684
completed by the Office.	14685

(D) All employees of the Office cease to hold their positions	14686
of employment on the date specified in division (A) of this	14687
section.	14688

(E) The Director of Budget and Management shall determine the	14689
amount of the unexpended balances in the appropriation accounts	14690
that pertain to the Office and shall recommend to the Controlling	14691
Board their transfer to the appropriation accounts that pertain to	14692
the Department. The Office shall provide full and timely	14693
information to the Controlling Board to facilitate this transfer.	14694

(F) No action or proceeding pending on the date specified in	14695
division (A) of this section is affected by the transfer, and	14696
shall be prosecuted or defended in the name of the Department of	14697
Administrative Services or the Director of Administrative	14698
Services, as applicable. In all such actions and proceedings, the	14699
Department or the Director, as applicable, upon application to the	14700
court shall be substituted as a party.	14701

Section 6. Upon the taking effect of this section, the School	14702
Employees Health Care Board and the Public Schools Health Care	14703
Advisory Committee are abolished and all of the assets and	14704
liabilities of the Board and the Committee, respectively, are	14705
transferred to the Department of Administrative Services. The	14706
Department is thereupon and thereafter successor to, assumes the	14707
obligations of, and otherwise constitutes the continuation of the	14708
Board and Committee.	14709

Any business commenced but not completed by the Board or the	14710
Committee on the effective date of this section shall be completed	14711
by the Department or the Director of Administrative Services in	14712
the same manner, and with the same effect, as if completed by the	14713
Board or the Committee. No validation, cure, right, privilege,	14714
remedy, obligation, or liability is lost or impaired by reason of	14715
the transfer required by this section and shall be administered by	14716
the Department.	14717

All employees of the Board or the Committee, as applicable,	14718
cease to hold their positions of employment on the effective date	14719
of this section.	14720

The Director of Budget and Management shall determine the	14721
amount of the unexpended balances in the appropriation accounts	14722
that pertain to the Board and the Committee and shall recommend to	14723
the Controlling Board their transfer to the appropriation accounts	14724
that pertain to the Department. The Board and the Committee,	14725
respectively, shall provide full and timely information to the	14726
Controlling Board to facilitate this transfer.	14727

Wherever the Board or the Committee is referred to in any	14728
law, contract, or other document, the reference shall be deemed to	14729
refer to the Department or the Director of Administrative	14730
Services, whichever is appropriate.	14731

No action or proceeding pending on the effective date of this	14732
section is affected by the transfer, and shall be prosecuted or	14733
defended in the name of the Board or the Committee, as	14734
appropriate. In all such actions and proceedings, the Department	14735
or the Director of Administrative Services upon application to the	14736
court shall be substituted as a party.	14737

Section 7. This act applies to contracts entered into under	14738
section 9.06 or 124.81 of the Revised Code on or after the	14739
effective date of this act.	14740

Section 8. Section 4117.081 of the Revised Code as enacted	14741
by this act shall apply to a collective bargaining agreement	14742
entered into on or after the effective date of this section and to	14743
versions of a collective bargaining agreement in effect on the	14744
effective date of this section that result from extension,	14745
modification, or renewal of the collective bargaining agreement on	14746
or after that date.	14747

Section 9. The items of law contained in this act, and their	14748
applications, are severable. If any item of law contained in this	14749
act, or if any application of any item of law contained in this	14750
act, is held invalid, the invalidity does not affect other items	14751
of law contained in this act and their applications that can be	14752
given effect without the invalid item of law or application.	14753

Section 10. The General Assembly, applying the principle	14754
stated in division (B) of section 1.52 of the Revised Code that	14755
amendments are to be harmonized if reasonably capable of	14756
simultaneous operation, finds that the following sections,	14757
presented in this act as composites of the sections as amended by	14758
the acts indicated, are the resulting versions of the sections in	14759
effect prior to the effective date of the sections as presented in	14760
this act:	14761

Section 9.06 of the Revised Code, as amended by Am. Sub. H.B.	14762
130 of the 127th General Assembly and Am. Sub. H.B. 1 of the 128th	14763
General Assembly.	14764

Section 124.11 of the Revised Code as amended by both Am.	14765
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	14766

Section 124.181 of the Revised Code as amended by both Am.	14767
Sub. H.B. 1 and Am. Sub. H.B. 16 of the 128th General Assembly.	14768

Section 124.34 of the Revised Code as amended by both Am.	14769
Sub. H.B. 1 and Am. Sub. H.B. 16 of the 128th General Assembly.	14770

Section 145.012 of the Revised Code as amended by both Am.	14771
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	14772

Section 505.49 of the Revised Code as amended by both Am.	14773
Sub. H.B. 490 and Am. H.B. 515 of the 124th General Assembly.	14774

Section 5126.05 of the Revised Code as amended by both Am.	14775
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	14776

Section 5126.24 of the Revised Code as amended by both Am.	14777
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	14778