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To amend sections 9.90, 103.74, 122.64, 122.72, | 1 |
124.134, 124.14, 124.15, 124.152, 124.181, | 2 |
124.322, 124.325, 124.34, 124.38, 124.388, 124.39, | 3 |
124.81, 124.82, 145.47, 306.04, 307.054, 339.06, | 4 |
339.07, 340.04, 505.38, 505.49, 505.60, 709.012, | 5 |
742.31, 749.082, 749.083, 927.69, 1545.071, | 6 |
3306.01, 3307.27, 3307.77, 3309.47, 3311.19, | 7 |
3313.12, 3313.202, 3313.23, 3313.24, 3313.33, | 8 |
3313.42, 3314.10, 3316.07, 3317.01, 3317.018, | 9 |
3317.11, 3317.13, 3319.01, 3319.011, 3319.02, | 10 |
3319.06, 3319.08, 3319.084, 3319.085, 3319.088, | 11 |
3319.09, 3319.10, 3319.11, 3319.13, 3319.14, | 12 |
3319.141, 3319.17, 3319.172, 3319.18, 3319.63, | 13 |
3326.18, 3332.03, 4117.01, 4117.02, 4117.03, | 14 |
4117.05, 4117.06, 4117.07, 4117.08, 4117.09, | 15 |
4117.10, 4117.11, 4117.12, 4117.13, 4117.14, | 16 |
4117.15, 4117.18, 4117.20, 4117.21, 4725.46, | 17 |
4906.02, 5107.26, 5123.51, 5126.24, 5139.02, | 18 |
5503.03, and 5505.15, to enact sections 4113.80, | 19 |
4117.081, 4117.104, 4117.105, 4117.106, 4117.107, | 20 |
4117.108, 4117.109, 4117.26, and 4117.27, and to | 21 |
repeal sections 3317.12, 3317.14, 3319.131, | 22 |
3319.142, 3319.143, 4117.16, 4117.22, and 4117.23 | 23 |
of the Revised Code to make various changes to | 24 |
laws concerning public employees, including | 25 |
collective bargaining, salary schedules and | 26 |
compensation, layoff procedures, and leave. | 27 |
Section 1. That sections 9.90, 103.74, 122.64, 122.72, | 28 |
124.134, 124.14, 124.15, 124.152, 124.181, 124.322, 124.325, | 29 |
124.34, 124.38, 124.388, 124.39, 124.81, 124.82, 145.47, 306.04, | 30 |
307.054, 339.06, 339.07, 340.04, 505.38, 505.49, 505.60, 709.012, | 31 |
742.31, 749.082, 749.083, 927.69, 1545.071, 3306.01, 3307.27, | 32 |
3307.77, 3309.47, 3311.19, 3313.12, 3313.202, 3313.23, 3313.24, | 33 |
3313.33, 3313.42, 3314.10, 3316.07, 3317.01, 3317.018, 3317.11, | 34 |
3317.13, 3319.01, 3319.011, 3319.02, 3319.06, 3319.08, 3319.084, | 35 |
3319.085, 3319.088, 3319.09, 3319.10, 3319.11, 3319.13, 3319.14, | 36 |
3319.141, 3319.17, 3319.172, 3319.18, 3319.63, 3326.18, 3332.03, | 37 |
4117.01, 4117.02, 4117.03, 4117.05, 4117.06, 4117.07, 4117.08, | 38 |
4117.09, 4117.10, 4117.11, 4117.12, 4117.13, 4117.14, 4117.15, | 39 |
4117.18, 4117.20, 4117.21, 4725.46, 4906.02, 5107.26, 5123.51, | 40 |
5126.24, 5139.02, 5503.03, and 5505.15 be amended and sections | 41 |
4113.80, 4117.081, 4117.104, 4117.105, 4117.106, 4117.107, | 42 |
4117.108, 4117.109, 4117.26, and 4117.27 of the Revised Code be | 43 |
enacted to read as follows: | 44 |
Sec. 9.90. (A) The governing board of any public institution | 45 |
of higher education, including without limitation state | 46 |
universities and colleges, community college districts, university | 47 |
branch districts, technical college districts, and municipal | 48 |
universities, may, in addition to all other powers provided in the | 49 |
Revised Code: | 50 |
(1) Contract for, purchase, or otherwise procure from an | 51 |
insurer or insurers licensed to do business by the state of Ohio | 52 |
for or on behalf of such of its employees as it may determine, | 53 |
life insurance, or sickness, accident, annuity, endowment, health, | 54 |
medical, hospital, dental, or surgical coverage and benefits, or | 55 |
any combination thereof, by means of insurance plans or other | 56 |
types of coverage, family, group or otherwise, and may pay from | 57 |
funds under its control and available for such purpose all or any | 58 |
portion of the cost, premium, or charge for such insurance, | 59 |
coverage, or benefits. However, the governing board, in addition | 60 |
to or as an alternative to the authority otherwise granted by | 61 |
division (A)(1) of this section, may elect to procure coverage for | 62 |
health care services, for or on behalf of such of its employees as | 63 |
it may determine, by means of policies, contracts, certificates, | 64 |
or agreements issued by at least two health insuring corporations | 65 |
holding a certificate of authority under Chapter 1751. of the | 66 |
Revised Code and may pay from funds under the governing board's | 67 |
control and available for such purpose all or any portion of the | 68 |
cost of such coverage. | 69 |
(2) Make payments to a custodial account for investment in | 70 |
regulated investment company stock for the purpose of providing | 71 |
retirement benefits as described in section 403(b)(7) of the | 72 |
Internal Revenue Code of 1954, as amended. Such stock shall be | 73 |
purchased only from persons authorized to sell such stock in this | 74 |
state. | 75 |
Any income of an employee deferred under divisions (A)(1) and | 76 |
(2) of this section in a deferred compensation program eligible | 77 |
for favorable tax treatment under the Internal Revenue Code of | 78 |
1954, as amended, shall continue to be included as regular | 79 |
compensation for the purpose of computing the contributions to and | 80 |
benefits from the retirement system of such employee. Any sum so | 81 |
deferred shall not be included in the computation of any federal | 82 |
and state income taxes withheld on behalf of any such employee. | 83 |
(B) All or any portion of the cost, premium, or charge | 84 |
therefor may be paid in such other manner or combination of | 85 |
manners as the governing board may determine, including direct | 86 |
payment by the employee in cases under division (A)(1) of this | 87 |
section, and, if authorized in writing by the employee in cases | 88 |
under division (A)(1) or (2) of this section, by such governing | 89 |
board with moneys made available by deduction from or reduction in | 90 |
salary or wages or by the foregoing of a salary or wage increase. | 91 |
Nothing in section 3917.01 or section 3917.06 of the Revised Code | 92 |
shall prohibit the issuance or purchase of group life insurance | 93 |
authorized by this section by reason of payment of premiums | 94 |
therefor by the governing board from its funds, and such group | 95 |
life insurance may be so issued and purchased if otherwise | 96 |
consistent with the provisions of sections 3917.01 to 3917.07 of | 97 |
the Revised Code. | 98 |
(C) The board of education of any school district may | 99 |
exercise any of the powers granted to the governing boards of | 100 |
public institutions of higher education under divisions (A) and | 101 |
(B) of this section, except in relation to the provision of health | 102 |
care benefits to employees. All health care benefits provided to | 103 |
persons employed by the public schools of this state shall be | 104 |
health care plans that contain best practices established by the | 105 |
school employees health care board pursuant to section 9.901 of | 106 |
the Revised Code. Nothing in this division shall be construed to | 107 |
allow a board of education to bargain collectively regarding the | 108 |
provision of health care benefits as that term is defined in | 109 |
section 124.81 of the Revised Code. | 110 |
Sec. 103.74. The correctional institution inspection | 111 |
committee may employ a director and any other nonlegal staff, who | 112 |
shall be in the unclassified service of the state, that are | 113 |
necessary for the committee to carry out its duties and may | 114 |
contract for the services of whatever nonlegal technical advisors | 115 |
are necessary for the committee to carry out its duties. The | 116 |
attorney general shall act as legal counsel to the committee. | 117 |
The chairperson and vice-chairperson of the legislative | 118 |
service commission shall fix the compensation of the director. The | 119 |
director, with the approval of the director of the legislative | 120 |
service commission, shall fix the compensation of other staff of | 121 |
the committee in accordance with a salary schedule established by | 122 |
the director of the legislative service commission. The director | 123 |
of the legislative service commission, when establishing the | 124 |
salary schedule, shall require merit to be the only basis, and the | 125 |
director of the correctional institution inspection committee | 126 |
shall use merit as the only basis for an employee's progression | 127 |
through the schedule. Contracts for the services of necessary | 128 |
technical advisors shall be approved by the director of the | 129 |
legislative service commission. | 130 |
The general assembly shall biennially appropriate to the | 131 |
correctional institution inspection committee an amount sufficient | 132 |
to enable the committee to perform its duties. Salaries and | 133 |
expenses incurred by the committee shall be paid from that | 134 |
appropriation upon vouchers approved by the chairperson of the | 135 |
committee. | 136 |
Sec. 122.64. (A) There is hereby established in the | 137 |
department of development a division of economic development. The | 138 |
division shall be supervised by a deputy director appointed by the | 139 |
director of development. | 140 |
The division is responsible for the administration of the | 141 |
state economic development financing programs established pursuant | 142 |
to sections 122.17 and 122.18, sections 122.39 to 122.62, and | 143 |
Chapter 166. of the Revised Code and for coordinating the | 144 |
activities of the development financing advisory council so as to | 145 |
ensure the efficient administration of the programs. | 146 |
(B) The director of development shall: | 147 |
(1) Appoint an individual to serve as director of the | 148 |
development financing advisory council; | 149 |
(2) Receive applications for assistance pursuant to sections | 150 |
122.39 to 122.62 and Chapter 166. of the Revised Code. The | 151 |
director shall process the applications and, except as provided in | 152 |
division (C)(2) of section 166.05 of the Revised Code, forward | 153 |
them to the development financing advisory council. As | 154 |
appropriate, the director shall receive the recommendations of the | 155 |
council as to applications for assistance. | 156 |
(3) With the approval of the director of administrative | 157 |
services, establish salary schedules for employees of the various | 158 |
positions of employment with the division and assign the various | 159 |
positions to those salary schedules; | 160 |
(4) Furnish and pay for, out of funds appropriated to the | 161 |
department of development for that purpose, office space and | 162 |
associated utilities service, for the development financing | 163 |
advisory council; | 164 |
(5) Employ and fix the compensation of financial consultants, | 165 |
appraisers, consulting engineers, superintendents, managers, | 166 |
construction and accounting experts, attorneys, and other agents | 167 |
for the assistance programs authorized pursuant to sections 122.17 | 168 |
and 122.18, sections 122.39 to 122.62, and Chapter 166. of the | 169 |
Revised Code as are necessary; | 170 |
(6) Supervise the administrative operations of the division; | 171 |
(7) On or before the first day of October in each year, make | 172 |
an annual report of the activities and operations under assistance | 173 |
programs authorized pursuant to sections 122.39 to 122.62 and | 174 |
Chapter 166. of the Revised Code for the preceding fiscal year to | 175 |
the governor and the general assembly. Each such report shall set | 176 |
forth a complete operating and financial statement covering such | 177 |
activities and operations during the year in accordance with | 178 |
generally accepted accounting principles and shall be audited by a | 179 |
certified public accountant. The director of development shall | 180 |
transmit a copy of the audited financial report to the office of | 181 |
budget and management. | 182 |
(C) The director of development, when establishing the salary | 183 |
schedules required under division (B)(3) of this section, shall | 184 |
use merit as the only basis for an employee's progression through | 185 |
the schedule. | 186 |
Sec. 122.72. (A) There is hereby created the minority | 187 |
development financing advisory board to assist in carrying out the | 188 |
programs created pursuant to sections 122.71 to 122.89 of the | 189 |
Revised Code. | 190 |
(B) The board shall consist of ten members. The director of | 191 |
development or the director's designee shall be a voting member on | 192 |
the board. Seven members shall be appointed by the governor with | 193 |
the advice and consent of the senate and selected because of their | 194 |
knowledge of and experience in industrial, business, and | 195 |
commercial financing, suretyship, construction, and their | 196 |
understanding of the problems of minority business enterprises; | 197 |
one member also shall be a member of the senate and appointed by | 198 |
the president of the senate, and one member also shall be a member | 199 |
of the house of representatives and appointed by the speaker of | 200 |
the house of representatives. With respect to the board, all of | 201 |
the following apply: | 202 |
(1) Not more than four of the members of the board appointed | 203 |
by the governor shall be of the same political party. | 204 |
(2) Each member shall hold office from the date of the | 205 |
member's appointment until the end of the term for which the | 206 |
member was appointed. | 207 |
(3) The terms of office for the seven members appointed by | 208 |
the governor shall be for seven years, commencing on the first day | 209 |
of October and ending on the thirtieth day of September of the | 210 |
seventh year, except that of the original seven members, three | 211 |
shall be appointed for three years and two shall be appointed for | 212 |
five years. | 213 |
(4) Any member of the board is eligible for reappointment. | 214 |
(5) Any member appointed to fill a vacancy occurring prior to | 215 |
the expiration of the term for which the member's predecessor was | 216 |
appointed shall hold office for the remainder of the predecessor's | 217 |
term. | 218 |
(6) Any member shall continue in office subsequent to the | 219 |
expiration date of the member's term until the member's successor | 220 |
takes office, or until a period of sixty days has elapsed, | 221 |
whichever occurs first. | 222 |
(7) Before entering upon official duties as a member of the | 223 |
board, each member shall take an oath as provided by Section 7 of | 224 |
Article XV, Ohio Constitution. | 225 |
(8) The governor may, at any time, remove any member | 226 |
appointed by the governor pursuant to section 3.04 of the Revised | 227 |
Code. | 228 |
(9) Notwithstanding section 101.26 of the Revised Code, | 229 |
members shall receive their necessary and actual expenses while | 230 |
engaged in the business of the board and shall be paid at | 231 |
per diem rate | 232 |
of the Revised Code. | 233 |
(10) Six members of the board constitute a quorum and the | 234 |
affirmative vote of six members is necessary for any action taken | 235 |
by the board. | 236 |
(11) In the event of the absence of a member appointed by the | 237 |
president of the senate or by the speaker of the house of | 238 |
representatives, either of the following persons may serve in the | 239 |
member's absence: | 240 |
(a) The president of the senate or the speaker of the house | 241 |
of representatives, whoever appointed the absent member; | 242 |
(b) A member of the senate or of the house of representatives | 243 |
of the same political party as the absent member, as designated by | 244 |
the president of the senate or the speaker of the house of | 245 |
representatives, whoever appointed the absent member. | 246 |
(12) The board shall annually elect one of its members as | 247 |
chairperson and another as vice-chairperson. | 248 |
Sec. 124.134. (A) Each full-time permanent state employee | 249 |
paid in accordance with section 124.152 of the Revised Code and | 250 |
those employees listed in divisions (B)(2) and (4) of section | 251 |
124.14 of the Revised Code shall be credited with vacation leave | 252 |
with full pay according to length of service and accruing at a | 253 |
corresponding rate per biweekly pay period, as follows: | 254 |
Length of Service | Accrual Rate Per Pay Period | 255 | |
Less than 4 years | 3.1 hours | 256 | |
4 but less than 9 years | 4.6 hours | 257 | |
9 but less than 14 years | 6.2 hours | 258 | |
14 but less than 19 years | 6.9 hours | 259 | |
19 |
7.7 hours | 260 | |
261 |
Fifty-two weeks equal one year of service. | 262 |
The amount of an employee's service shall be determined in | 263 |
accordance with the standard specified in section 9.44 of the | 264 |
Revised Code. Credit for prior service, including an increased | 265 |
vacation accrual rate and longevity supplement, shall take effect | 266 |
during the first pay period that begins immediately following the | 267 |
date the director of administrative services approves granting | 268 |
credit for that prior service. No employee, other than an employee | 269 |
who submits proof of prior service within ninety days after the | 270 |
date of the employee's hiring, shall receive any amount of | 271 |
vacation leave for the period prior to the date of the director's | 272 |
approval of the grant of credit for prior service. | 273 |
Part-time permanent employees who are paid in accordance with | 274 |
section 124.152 of the Revised Code and full-time permanent | 275 |
employees subject to this section who are in active pay status for | 276 |
less than eighty hours in a pay period shall earn vacation leave | 277 |
on a prorated basis. The ratio between the hours worked and the | 278 |
vacation hours earned by these classes of employees shall be the | 279 |
same as the ratio between the hours worked and the vacation hours | 280 |
earned by a full-time permanent employee with the same amount of | 281 |
service as provided for in this section. | 282 |
Vacation leave is not available for use until it appears on | 283 |
the employee's earning statement and the compensation described in | 284 |
the earning statement is available to the employee. An employee | 285 |
may begin using accrued vacation leave upon completion of the | 286 |
employee's initial probation period. A probationary period that | 287 |
follows a separation from service that is less than thirty-one | 288 |
days is not considered an initial probation period for purposes of | 289 |
this section. | 290 |
(B) Employees granted leave under this section shall forfeit | 291 |
their right to take or to be paid for any vacation leave to their | 292 |
credit which is in excess of the accrual for three years. Any | 293 |
excess leave shall be eliminated from the employees' leave | 294 |
balance. | 295 |
(C) Except as provided in division (D) of this section, | 296 |
beginning in fiscal year 2012, an employee may be paid for up to | 297 |
eighty hours of vacation leave each fiscal year if the employee | 298 |
requested and was denied the use of vacation leave during that | 299 |
fiscal year. No employee shall receive payment for more than | 300 |
eighty hours of denied vacation leave in a single fiscal year. An | 301 |
employee is only eligible to receive payment for vacation leave | 302 |
when the employee's vacation leave credit is at, or will reach in | 303 |
the immediately following pay period, the maximum of the accrual | 304 |
for three years and the employee has been denied the use of | 305 |
vacation leave. An employee is not entitled to receive payment for | 306 |
vacation leave denied in any pay period in which the employee's | 307 |
vacation leave credit is not at, or will not reach in the | 308 |
immediately following pay period, the maximum of accrual for three | 309 |
years. Any vacation leave for which an employee receives payment | 310 |
shall be deducted from the employee's vacation leave balance. No | 311 |
employee is eligible to receive payment for denied vacation leave | 312 |
in either fiscal year 2010 or fiscal year 2011. | 313 |
(D) The supreme court, general assembly, secretary of state, | 314 |
auditor of state, treasurer of state, and attorney general may | 315 |
establish by policy an alternate payment structure for employees | 316 |
whose vacation leave credit is at, or will reach in the | 317 |
immediately following pay period, the maximum of accrual for three | 318 |
years and the employee has been denied the use of vacation leave. | 319 |
An employee is not entitled to receive payment for vacation leave | 320 |
denied in any pay period in which the employee's vacation leave | 321 |
credit is not at, or will not reach in the immediately following | 322 |
pay period, the maximum of accrual for three years. Any vacation | 323 |
leave for which the employee receives payment shall be deducted | 324 |
from the employee's vacation leave balance. | 325 |
(E) Upon separation from state service, an employee granted | 326 |
leave under this section is entitled to compensation at the | 327 |
employee's current rate of pay for all unused vacation leave | 328 |
accrued under this section or section 124.13 of the Revised Code | 329 |
to the employee's credit. In case of transfer of an employee from | 330 |
one state agency to another, the employee shall retain the accrued | 331 |
and unused vacation leave. In case of the death of an employee, | 332 |
the unused vacation leave shall be paid in accordance with section | 333 |
2113.04 of the Revised Code, or to the employee's estate. An | 334 |
employee serving in a temporary work level who is eligible to | 335 |
receive compensation under this division shall be compensated at | 336 |
the base rate of pay of the employee's normal classification. | 337 |
(F) Notwithstanding any provision of Chapter 4117. of the | 338 |
Revised Code to the contrary, no collective bargaining agreement | 339 |
that is modified, renewed, extended, or entered into on or after | 340 |
the effective date of this amendment shall provide vacation leave | 341 |
in an amount greater than the vacation leave provided by this | 342 |
section. | 343 |
Sec. 124.14. (A)(1) The director of administrative services | 344 |
shall establish, and may modify or rescind, by rule, a job | 345 |
classification plan for all positions, offices, and employments | 346 |
the salaries of which are paid in whole or in part by the state. | 347 |
The director shall group jobs within a classification so that the | 348 |
positions are similar enough in duties and responsibilities to be | 349 |
described by the same title, to have the same pay assigned with | 350 |
equity, and to have the same qualifications for selection applied. | 351 |
The director shall, by rule, assign a classification title to each | 352 |
classification within the classification plan. However, the | 353 |
director shall consider in establishing classifications, including | 354 |
classifications with parenthetical titles, and assigning pay | 355 |
ranges such factors as duties performed only on one shift, special | 356 |
skills in short supply in the labor market, recruitment problems, | 357 |
separation rates, comparative salary rates, the amount of training | 358 |
required, and other conditions affecting employment. The director | 359 |
shall describe the duties and responsibilities of the class, | 360 |
establish the qualifications for being employed in each position | 361 |
in the class, and file with the secretary of state a copy of | 362 |
specifications for all of the classifications. The director shall | 363 |
file new, additional, or revised specifications with the secretary | 364 |
of state before they are used. | 365 |
The director shall, by rule, assign each classification, | 366 |
either on a statewide basis or in particular counties or state | 367 |
institutions, to a pay range established under section 124.15 or | 368 |
section 124.152 of the Revised Code. The director may assign a | 369 |
classification to a pay range on a temporary basis for a period of | 370 |
six months. The director may establish, by rule adopted under | 371 |
Chapter 119. of the Revised Code, experimental classification | 372 |
plans for some or all employees paid directly by warrant of the | 373 |
director of budget and management. The rule shall include | 374 |
specifications for each classification within the plan and shall | 375 |
specifically address compensation ranges, and methods for | 376 |
advancing within the ranges, for the classifications, which may be | 377 |
assigned to pay ranges other than the pay ranges established under | 378 |
section 124.15 or 124.152 of the Revised Code. | 379 |
(2) The director of administrative services may reassign to a | 380 |
proper classification those positions that have been assigned to | 381 |
an improper classification. | 382 |
383 | |
384 | |
385 | |
386 | |
387 |
(3) The director may reassign an exempt employee, as defined | 388 |
in section 124.152 of the Revised Code, to a bargaining unit | 389 |
classification if the director determines that the bargaining unit | 390 |
classification is the proper classification for that employee. | 391 |
Notwithstanding Chapter 4117. of the Revised Code or instruments | 392 |
and contracts negotiated under it, these placements are at the | 393 |
director's discretion. | 394 |
(4) The director shall, by rule, assign related | 395 |
classifications, which form a career progression, to a | 396 |
classification series. The director shall, by rule, assign each | 397 |
classification in the classification plan a five-digit number, the | 398 |
first four digits of which shall denote the classification series | 399 |
to which the classification is assigned. When a career progression | 400 |
encompasses more than ten classifications, the director shall, by | 401 |
rule, identify the additional classifications belonging to a | 402 |
classification series. The additional classifications shall be | 403 |
part of the classification series, notwithstanding the fact that | 404 |
the first four digits of the number assigned to the additional | 405 |
classifications do not correspond to the first four digits of the | 406 |
numbers assigned to other classifications in the classification | 407 |
series. | 408 |
(5) The director may establish, modify, or rescind a | 409 |
classification plan for county agencies that elect not to use the | 410 |
services and facilities of a county personnel department. The | 411 |
director shall establish any such classification plan by means of | 412 |
rules adopted under Chapter 119. of the Revised Code. The rules | 413 |
shall include a methodology for the establishment of titles unique | 414 |
to county agencies, the use of state classification titles and | 415 |
classification specifications for common positions, the criteria | 416 |
for a county to meet in establishing its own classification plan, | 417 |
and the establishment of what constitutes a classification series | 418 |
for county agencies. The director may assess a county agency that | 419 |
chooses to use the classification plan a usage fee the director | 420 |
determines. All usage fees the department of administrative | 421 |
services receives shall be paid into the state treasury to the | 422 |
credit of the human resources fund created in section 124.07 of | 423 |
the Revised Code. | 424 |
(B) Division (A) of this section and sections 124.15 and | 425 |
124.152 of the Revised Code do not apply to the following persons, | 426 |
positions, offices, and employments: | 427 |
(1) Elected officials; | 428 |
(2) Legislative employees, employees of the legislative | 429 |
service commission, employees in the office of the governor, | 430 |
employees who are in the unclassified civil service and exempt | 431 |
from collective bargaining coverage in the office of the secretary | 432 |
of state, auditor of state, treasurer of state, and attorney | 433 |
general, and employees of the supreme court; | 434 |
(3) Employees of a county children services board that | 435 |
establishes compensation rates under section 5153.12 of the | 436 |
Revised Code; | 437 |
(4) Any position for which the authority to determine | 438 |
compensation is given by law to another individual or entity; | 439 |
(5) Employees of the bureau of workers' compensation whose | 440 |
compensation the administrator of workers' compensation | 441 |
establishes under division (B) of section 4121.121 of the Revised | 442 |
Code. | 443 |
(C) The director may employ a consulting agency to aid and | 444 |
assist the director in carrying out this section. | 445 |
(D)(1) When the director proposes to modify a classification | 446 |
or the assignment of classes to appropriate pay ranges, the | 447 |
director shall send written notice of the proposed rule to the | 448 |
appointing authorities of the affected employees thirty days | 449 |
before a hearing on the proposed rule. The appointing authorities | 450 |
shall notify the affected employees regarding the proposed rule. | 451 |
The director also shall send those appointing authorities notice | 452 |
of any final rule that is adopted within ten days after adoption. | 453 |
(2) When the director proposes to reclassify any employee so | 454 |
that the employee is adversely affected, the director shall give | 455 |
to the employee affected and to the employee's appointing | 456 |
authority a written notice setting forth the proposed new | 457 |
classification, pay range, and salary. Upon the request of any | 458 |
classified employee who is not serving in a probationary period, | 459 |
the director shall perform a job audit to review the | 460 |
classification of the employee's position to determine whether the | 461 |
position is properly classified. The director shall give to the | 462 |
employee affected and to the employee's appointing authority a | 463 |
written notice of the director's determination whether or not to | 464 |
reclassify the position or to reassign the employee to another | 465 |
classification. An employee or appointing authority desiring a | 466 |
hearing shall file a written request for the hearing with the | 467 |
state personnel board of review within thirty days after receiving | 468 |
the notice. The board shall set the matter for a hearing and | 469 |
notify the employee and appointing authority of the time and place | 470 |
of the hearing. The employee, the appointing authority, or any | 471 |
authorized representative of the employee who wishes to submit | 472 |
facts for the consideration of the board shall be afforded | 473 |
reasonable opportunity to do so. After the hearing, the board | 474 |
shall consider anew the reclassification and may order the | 475 |
reclassification of the employee and require the director to | 476 |
assign the employee to such appropriate classification as the | 477 |
facts and evidence warrant. As provided in division (A)(1) of | 478 |
section 124.03 of the Revised Code, the board may determine the | 479 |
most appropriate classification for the position of any employee | 480 |
coming before the board, with or without a job audit. The board | 481 |
shall disallow any reclassification or reassignment classification | 482 |
of any employee when it finds that changes have been made in the | 483 |
duties and responsibilities of any particular employee for | 484 |
political, religious, or other unjust reasons. | 485 |
(E)(1) Employees of each county department of job and family | 486 |
services shall be paid a salary or wage established by the board | 487 |
of county commissioners. The provisions of section 124.18 of the | 488 |
Revised Code concerning the standard work week apply to employees | 489 |
of county departments of job and family services. A board of | 490 |
county commissioners may do either of the following: | 491 |
(a) Notwithstanding any other section of the Revised Code, | 492 |
supplement the sick leave, vacation leave, personal leave, and | 493 |
other benefits of any employee of the county department of job and | 494 |
family services of that county, if the employee is eligible for | 495 |
the supplement under a written policy providing for the | 496 |
supplement; | 497 |
(b) Notwithstanding any other section of the Revised Code, | 498 |
establish alternative schedules of sick leave, vacation leave, | 499 |
personal leave, or other benefits for employees not inconsistent | 500 |
with the provisions of a collective bargaining agreement covering | 501 |
the affected employees. | 502 |
(2) Division (E)(1) of this section does not apply to | 503 |
employees for whom the state employment relations board | 504 |
establishes appropriate bargaining units pursuant to section | 505 |
4117.06 of the Revised Code, except in either of the following | 506 |
situations: | 507 |
(a) The employees for whom the state employment relations | 508 |
board establishes appropriate bargaining units elect no | 509 |
representative in a board-conducted representation election. | 510 |
(b) After the state employment relations board establishes | 511 |
appropriate bargaining units for such employees, all employee | 512 |
organizations withdraw from a representation election. | 513 |
(F)(1) Notwithstanding any contrary provision of sections | 514 |
124.01 to 124.64 of the Revised Code, the board of trustees of | 515 |
each state university or college, as defined in section 3345.12 of | 516 |
the Revised Code, shall carry out all matters of governance | 517 |
involving the officers and employees of the university or college, | 518 |
including, but not limited to, the powers, duties, and functions | 519 |
of the department of administrative services and the director of | 520 |
administrative services specified in this chapter. Officers and | 521 |
employees of a state university or college shall have the right of | 522 |
appeal to the state personnel board of review as provided in this | 523 |
chapter. | 524 |
(2) Each board of trustees shall adopt rules under section | 525 |
111.15 of the Revised Code to carry out the matters of governance | 526 |
described in division (F)(1) of this section. Until the board of | 527 |
trustees adopts those rules, a state university or college shall | 528 |
continue to operate pursuant to the applicable rules adopted by | 529 |
the director of administrative services under this chapter. | 530 |
(G)(1) Each board of county commissioners may, by a | 531 |
resolution adopted by a majority of its members, establish a | 532 |
county personnel department to exercise the powers, duties, and | 533 |
functions specified in division (G) of this section. As used in | 534 |
division (G) of this section, "county personnel department" means | 535 |
a county personnel department established by a board of county | 536 |
commissioners under division (G)(1) of this section. | 537 |
(2)(a) Each board of county commissioners, by a resolution | 538 |
adopted by a majority of its members, may designate the county | 539 |
personnel department of the county to exercise the powers, duties, | 540 |
and functions specified in sections 124.01 to 124.64 and Chapter | 541 |
325. of the Revised Code with regard to employees in the service | 542 |
of the county, except for the powers and duties of the state | 543 |
personnel board of review, which powers and duties shall not be | 544 |
construed as having been modified or diminished in any manner by | 545 |
division (G)(2) of this section, with respect to the employees for | 546 |
whom the board of county commissioners is the appointing authority | 547 |
or co-appointing authority. | 548 |
(b) Nothing in division (G)(2) of this section shall be | 549 |
construed to limit the right of any employee who possesses the | 550 |
right of appeal to the state personnel board of review to continue | 551 |
to possess that right of appeal. | 552 |
(c) Any board of county commissioners that has established a | 553 |
county personnel department may contract with the department of | 554 |
administrative services, another political subdivision, or an | 555 |
appropriate public or private entity to provide competitive | 556 |
testing services or other appropriate services. | 557 |
(3) After the county personnel department of a county has | 558 |
been established as described in division (G)(2) of this section, | 559 |
any elected official, board, agency, or other appointing authority | 560 |
of that county, upon written notification to the county personnel | 561 |
department, may elect to use the services and facilities of the | 562 |
county personnel department. Upon receipt of the notification by | 563 |
the county personnel department, the county personnel department | 564 |
shall exercise the powers, duties, and functions as described in | 565 |
division (G)(2) of this section with respect to the employees of | 566 |
that elected official, board, agency, or other appointing | 567 |
authority. | 568 |
(4) Each board of county commissioners, by a resolution | 569 |
adopted by a majority of its members, may disband the county | 570 |
personnel department. | 571 |
(5) Any elected official, board, agency, or appointing | 572 |
authority of a county may end its involvement with a county | 573 |
personnel department upon actual receipt by the department of a | 574 |
certified copy of the notification that contains the decision to | 575 |
no longer participate. | 576 |
(6) The director of administrative services may, by rule | 577 |
adopted in accordance with Chapter 119. of the Revised Code, | 578 |
prescribe criteria and procedures for the following: | 579 |
(a) A requirement that each county personnel department, in | 580 |
carrying out its duties, adhere to merit system principles with | 581 |
regard to employees of county departments of job and family | 582 |
services, child support enforcement agencies, and public child | 583 |
welfare agencies so that there is no threatened loss of federal | 584 |
funding for these agencies, and a requirement that the county be | 585 |
financially liable to the state for any loss of federal funds due | 586 |
to the action or inaction of the county personnel department. The | 587 |
costs associated with audits conducted to monitor compliance with | 588 |
division (G)(6)(a) of this section shall be reimbursed to the | 589 |
department of administrative services as determined by the | 590 |
director. All money the department receives for these audits shall | 591 |
be paid into the state treasury to the credit of the human | 592 |
resources fund created in section 124.07 of the Revised Code. | 593 |
(b) Authorization for the director of administrative services | 594 |
to conduct periodic audits and reviews of county personnel | 595 |
departments to guarantee the uniform application of the powers, | 596 |
duties, and functions exercised pursuant to division (G)(2)(a) of | 597 |
this section. The costs of the audits and reviews shall be | 598 |
reimbursed to the department of administrative services as | 599 |
determined by the director by the county for which the services | 600 |
are performed. All money the department receives shall be paid | 601 |
into the state treasury to the credit of the human resources fund | 602 |
created in section 124.07 of the Revised Code. | 603 |
(H) The director of administrative services shall establish | 604 |
the rate and method of compensation, based upon merit, for all | 605 |
employees who are paid directly by warrant of the director of | 606 |
budget and management and who are serving in positions that the | 607 |
director of administrative services has determined impracticable | 608 |
to include in the state job classification plan. This division | 609 |
does not apply to elected officials, legislative employees, | 610 |
employees of the legislative service commission, employees who are | 611 |
in the unclassified civil service and exempt from collective | 612 |
bargaining coverage in the office of the secretary of state, | 613 |
auditor of state, treasurer of state, and attorney general, | 614 |
employees of the courts, employees of the bureau of workers' | 615 |
compensation whose compensation the administrator of workers' | 616 |
compensation establishes under division (B) of section 4121.121 of | 617 |
the Revised Code, or employees of an appointing authority | 618 |
authorized by law to fix the compensation of those employees. | 619 |
(I) The director shall set the rate of compensation for all | 620 |
intermittent, seasonal, temporary, emergency, and casual employees | 621 |
in the service of the state who are not considered public | 622 |
employees under section 4117.01 of the Revised Code. Those | 623 |
employees are not entitled to receive employee benefits. This rate | 624 |
of compensation shall be equitable in terms of the rate of | 625 |
employees serving in the same or similar classifications and shall | 626 |
be based upon merit. This division does not apply to elected | 627 |
officials, legislative employees, employees of the legislative | 628 |
service commission, employees who are in the unclassified civil | 629 |
service and exempt from collective bargaining coverage in the | 630 |
office of the secretary of state, auditor of state, treasurer of | 631 |
state, and attorney general, employees of the courts, employees of | 632 |
the bureau of workers' compensation whose compensation the | 633 |
administrator establishes under division (B) of section 4121.121 | 634 |
of the Revised Code, or employees of an appointing authority | 635 |
authorized by law to fix the compensation of those employees. | 636 |
Sec. 124.15. (A) Board and commission members | 637 |
638 | |
639 | |
640 |
Schedule B | 641 |
642 | |
Range | 643 | ||||||
23 | Hourly | 5.72 | 644 | ||||
Annually | 11897.60 | 645 | |||||
646 | |||||||
6.75 | 647 | ||||||
14040.00 | 648 | ||||||
649 | |||||||
24 | Hourly | 6.00 | 650 | ||||
Annually | 12480.00 | 651 | |||||
652 | |||||||
7.10 | 653 | ||||||
14768.00 | 654 | ||||||
655 | |||||||
25 | Hourly | 6.31 | 656 | ||||
Annually | 13124.80 | 657 | |||||
658 | |||||||
7.41 | 659 | ||||||
15412.80 | 660 | ||||||
661 | |||||||
26 | Hourly | 6.63 | 662 | ||||
Annually | 13790.40 | 663 | |||||
664 | |||||||
7.77 | 665 | ||||||
16161.60 | 666 | ||||||
667 | |||||||
27 | Hourly | 6.99 | 668 | ||||
Annually | 14534.20 | 669 | |||||
670 | |||||||
8.46 | 671 | ||||||
17596.80 | 672 | ||||||
673 | |||||||
28 | Hourly | 7.41 | 674 | ||||
Annually | 15412.80 | 675 | |||||
676 | |||||||
9.15 | 677 | ||||||
19032.00 | 678 | ||||||
679 | |||||||
29 | Hourly | 7.88 | 680 | ||||
Annually | 16390.40 | 681 | |||||
682 | |||||||
10.01 | 683 | ||||||
20820.80 | 684 | ||||||
685 | |||||||
30 | Hourly | 8.46 | 686 | ||||
Annually | 17596.80 | 687 | |||||
688 | |||||||
10.99 | 689 | ||||||
22859.20 | 690 | ||||||
691 | |||||||
31 | Hourly | 9.15 | 692 | ||||
Annually | 19032.00 | 693 | |||||
694 | |||||||
12.09 | 695 | ||||||
25147.20 | 696 | ||||||
697 | |||||||
32 | Hourly | 10.01 | 698 | ||||
Annually | 20820.80 | 699 | |||||
700 | |||||||
13.94 | 701 | ||||||
28995.20 | 702 | ||||||
703 | |||||||
33 | Hourly | 10.99 | 704 | ||||
Annually | 22859.20 | 705 | |||||
706 | |||||||
15.35 | 707 | ||||||
31928.00 | 708 | ||||||
709 | |||||||
34 | Hourly | 12.09 | 710 | ||||
Annually | 25147.20 | 711 | |||||
712 | |||||||
16.91 | 713 | ||||||
35172.80 | 714 | ||||||
Step 4 | 715 | ||||||
35 | Hourly | 13.29 | 716 | ||||
Annually | 27643.20 | 717 | |||||
718 | |||||||
18.62 | 719 | ||||||
38729.60 | 720 | ||||||
721 | |||||||
36 | Hourly | 14.63 | 722 | ||||
Annually | 30430.40 | 723 | |||||
724 | |||||||
20.51 | 725 | ||||||
42660.80 | 726 |
Schedule C | 727 |
728 | |
Range | Minimum | Maximum | 729 | ||
41 Hourly | 10.44 | 15.72 | 730 | ||
Annually | 21715.20 | 32697.60 | 731 | ||
42 Hourly | 11.51 | 17.35 | 732 | ||
Annually | 23940.80 | 36088.00 | 733 | ||
43 Hourly | 12.68 | 19.12 | 734 | ||
Annually | 26374.40 | 39769.60 | 735 | ||
44 Hourly | 13.99 | 20.87 | 736 | ||
Annually | 29099.20 | 43409.60 | 737 | ||
45 Hourly | 15.44 | 22.80 | 738 | ||
Annually | 32115.20 | 47424.00 | 739 | ||
46 Hourly | 17.01 | 24.90 | 740 | ||
Annually | 35380.80 | 51792.00 | 741 | ||
47 Hourly | 18.75 | 27.18 | 742 | ||
Annually | 39000.00 | 56534.40 | 743 | ||
48 Hourly | 20.67 | 29.69 | 744 | ||
Annually | 42993.60 | 61755.20 | 745 | ||
49 Hourly | 22.80 | 32.06 | 746 | ||
Annually | 47424.00 | 66684.80 | 747 |
(B) The pay schedule of all employees shall be on a biweekly | 748 |
basis, with amounts computed on an hourly basis. | 749 |
(C) Part-time employees shall be compensated on an hourly | 750 |
basis for time worked, | 751 |
division (A) of this section or | 752 |
Revised Code. | 753 |
(D) The salary and wage rates | 754 |
(A) of this section or | 755 |
Code represent base rates of compensation and may be augmented by | 756 |
the provisions of section 124.181 of the Revised Code. In those | 757 |
cases where lodging, meals, laundry, or other personal services | 758 |
are furnished an employee in the service of the state, the actual | 759 |
costs or fair market value of the personal services shall be paid | 760 |
by the employee in such amounts and manner as determined by the | 761 |
director of administrative services and approved by the director | 762 |
of budget and management, and those personal services shall not be | 763 |
considered as a part of the employee's compensation. An appointing | 764 |
authority that appoints employees in the service of the state, | 765 |
with the approval of the director of administrative services and | 766 |
the director of budget and management, may establish payments to | 767 |
employees for uniforms, tools, equipment, and other requirements | 768 |
of the department and payments for the maintenance of them. | 769 |
The director of administrative services may review collective | 770 |
bargaining agreements entered into under Chapter 4117. of the | 771 |
Revised Code that cover employees in the service of the state and | 772 |
determine whether certain benefits or payments provided to the | 773 |
employees covered by those agreements should also be provided to | 774 |
employees in the service of the state who are exempt from | 775 |
collective bargaining coverage and are paid in accordance with | 776 |
section 124.152 of the Revised Code or are listed in division | 777 |
(B)(2) or (4) of section 124.14 of the Revised Code. On completing | 778 |
the review, the director of administrative services, with the | 779 |
approval of the director of budget and management, may provide to | 780 |
some or all of these employees any payment or benefit, except for | 781 |
salary, contained in such a collective bargaining agreement even | 782 |
if it is similar to a payment or benefit already provided by law | 783 |
to some or all of these employees. Any payment or benefit so | 784 |
provided shall not exceed the highest level for that payment or | 785 |
benefit specified in such a collective bargaining agreement. The | 786 |
director of administrative services shall not provide, and the | 787 |
director of budget and management shall not approve, any payment | 788 |
or benefit to such an employee under this division unless the | 789 |
payment or benefit is provided pursuant to a collective bargaining | 790 |
agreement to a state employee who is in a position with similar | 791 |
duties as, is supervised by, or is employed by the same appointing | 792 |
authority as, the employee to whom the benefit or payment is to be | 793 |
provided. | 794 |
As used in this division, "payment or benefit already | 795 |
provided by law" includes, but is not limited to, bereavement, | 796 |
personal, vacation, administrative, and sick leave, disability | 797 |
benefits, holiday pay, and pay supplements provided under the | 798 |
Revised Code, but does not include wages or salary. | 799 |
(E) New employees paid in accordance with schedule B of | 800 |
division (A) of this section or schedule E-1 of section 124.152 of | 801 |
the Revised Code shall be employed at the minimum rate established | 802 |
for the range unless otherwise provided. Employees with | 803 |
qualifications that are beyond the minimum normally required for | 804 |
the position and that are determined by the director to be | 805 |
exceptional may be employed in, or may be transferred or promoted | 806 |
to, a | 807 |
range. Further, in time of a serious labor market condition when | 808 |
it is relatively impossible to recruit employees at the minimum | 809 |
rate for a particular classification, the entrance rate may be set | 810 |
at | 811 |
director of administrative services. This rate may be limited to | 812 |
geographical regions of the state. Appointments made to | 813 |
814 | |
regarding exceptional qualifications shall not affect the | 815 |
816 | |
anytime the hiring rate of an entire classification is advanced to | 817 |
a higher
| 818 |
classification being paid at a | 819 |
being used for hiring, shall be advanced beginning at the start of | 820 |
the first pay period thereafter to the new hiring rate | 821 |
822 | |
823 | |
classification is increased for only a geographical region of the | 824 |
state, only incumbents who work in that geographical region shall | 825 |
be advanced to a higher
| 826 |
the unclassified service changes from one state position to | 827 |
another or is appointed to a position in the classified service, | 828 |
or if an employee in the classified service is appointed to a | 829 |
position in the unclassified service, the employee's salary or | 830 |
wage in the new position shall be determined in the same manner as | 831 |
if the employee were an employee in the classified service.
| 832 |
833 | |
834 | |
835 | |
836 | |
837 | |
838 | |
839 | |
840 | |
employee to a classification resulting in a pay range increase or | 841 |
to a new pay range as a result of a promotion, an increase pay | 842 |
range adjustment, or other classification change resulting in a | 843 |
pay range increase, the director shall assign such employee to | 844 |
845 | |
increase of approximately four per cent if the new pay range can | 846 |
accommodate the increase. | 847 |
848 | |
849 | |
850 | |
851 | |
852 | |
853 | |
as the director determines. | 854 |
(F) If employment conditions and the urgency of the work | 855 |
require such action, the director of administrative services may, | 856 |
upon the application of a department head, authorize payment at | 857 |
any rate established within the range for the class of work, for | 858 |
work of a casual or intermittent nature or on a project basis. | 859 |
Payment at such rates shall not be made to the same individual for | 860 |
more than three calendar months in any one calendar year. Any such | 861 |
action shall be subject to the approval of the director of budget | 862 |
and management as to the availability of funds. This section and | 863 |
sections 124.14 and 124.152 of the Revised Code do not repeal any | 864 |
authority of any department or public official to contract with or | 865 |
fix the compensation of professional persons who may be employed | 866 |
temporarily for work of a casual nature or for work on a project | 867 |
basis. | 868 |
(G)(1) Except as provided in | 869 |
870 | |
schedule B of this section or schedule E-1 of section 124.152 of | 871 |
the Revised Code shall be eligible for advancement to
| 872 |
873 | |
class or grade according to the schedule established in this | 874 |
division. | 875 |
876 | |
877 | |
878 | |
879 | |
880 |
Except as provided in divisions (G)(2) and (3) of this | 881 |
section, each employee paid in accordance with schedule E-1 of | 882 |
section 124.152 of the Revised Code shall be eligible to advance | 883 |
to | 884 |
reaches the top | 885 |
employee's class or grade, if the employee has maintained | 886 |
satisfactory performance in accordance with criteria established | 887 |
by the employee's appointing authority. Those | 888 |
shall not occur more frequently than once in any twelve-month | 889 |
period and shall be based upon merit. | 890 |
| 891 |
892 | |
893 | |
894 | |
895 | |
896 | |
897 | |
898 | |
899 | |
900 | |
901 | |
902 |
| 903 |
904 | |
905 | |
906 | |
907 | |
908 |
(2) | 909 |
910 | |
911 | |
912 | |
913 | |
914 | |
915 | |
916 |
| 917 |
918 | |
919 | |
920 | |
921 | |
922 | |
923 | |
924 |
| 925 |
926 | |
927 | |
928 | |
929 | |
930 | |
931 | |
932 |
| 933 |
the minimum rate established for the pay range for their | 934 |
classification | 935 |
(H) Employees in appointive managerial or professional | 936 |
positions paid in accordance with schedule C of this section or | 937 |
schedule E-2 of section 124.152 of the Revised Code may be | 938 |
appointed at any rate within the appropriate pay range. This rate | 939 |
of pay may be adjusted higher or lower within the respective pay | 940 |
range at any time the appointing authority so desires as long as | 941 |
the adjustment is based on the employee's ability to successfully | 942 |
administer those duties assigned to the employee. Salary | 943 |
adjustments shall not be made more frequently than once in any | 944 |
six-month period under this provision to incumbents holding the | 945 |
same position and classification. | 946 |
(I) When an employee is assigned to duty outside this state, | 947 |
the employee may be compensated, upon request of the department | 948 |
head and with the approval of the director of administrative | 949 |
services, at a rate not to exceed fifty per cent in excess of the | 950 |
employee's current base rate for the period of time spent on that | 951 |
duty. | 952 |
(J) Unless compensation for members of a board or commission | 953 |
is otherwise specifically provided by law, the director of | 954 |
administrative services shall establish the rate and method of | 955 |
payment for members of boards and commissions pursuant to the pay | 956 |
schedules listed in section 124.152 of the Revised Code. | 957 |
(K) Regular full-time employees in positions assigned to | 958 |
classes within the instruction and education administration series | 959 |
under the rules of the director of administrative services, except | 960 |
certificated employees on the instructional staff of the state | 961 |
school for the blind or the state school for the deaf, whose | 962 |
positions are scheduled to work on the basis of an academic year | 963 |
rather than a full calendar year, shall be paid according to the | 964 |
pay range assigned by such rules but only during those pay periods | 965 |
included in the academic year of the school where the employee is | 966 |
located. | 967 |
(1) Part-time or substitute teachers or those whose period of | 968 |
employment is other than the full academic year shall be | 969 |
compensated for the actual time worked at the rate established by | 970 |
this section. | 971 |
(2) Employees governed by this division are exempt from | 972 |
sections 124.13 and 124.19 of the Revised Code. | 973 |
| 974 |
975 | |
976 | |
977 | |
978 | |
979 |
(L) The superintendent of the state school for the deaf and | 980 |
the superintendent of the state school for the blind shall, | 981 |
subject to the approval of the superintendent of public | 982 |
instruction, carry out both of the following: | 983 |
(1) Annually, between the first day of April and the last day | 984 |
of June, establish for the ensuing fiscal year a schedule of | 985 |
hourly | 986 |
employee on the instructional staff of that superintendent's | 987 |
respective school
| 988 |
| 989 |
990 | |
991 | |
992 | |
993 | |
994 | |
995 |
| 996 |
997 | |
998 | |
999 | |
1000 | |
1001 |
| 1002 |
1003 |
| 1004 |
1005 | |
1006 |
| 1007 |
1008 | |
1009 | |
1010 |
(2) Annually, assign each certificated employee on the | 1011 |
instructional staff of the superintendent's respective school to | 1012 |
an hourly rate on the schedule that is commensurate with the | 1013 |
employee's training, experience, and other professional | 1014 |
qualifications. | 1015 |
If an employee is employed on the basis of an academic year, | 1016 |
the employee's annual salary shall be calculated by multiplying | 1017 |
the employee's assigned hourly rate times one thousand seven | 1018 |
hundred sixty. If an employee is not employed on the basis of an | 1019 |
academic year, the employee's annual salary shall be calculated in | 1020 |
accordance with the following formula: | 1021 |
(a) Multiply the number of days the employee is required to | 1022 |
work pursuant to the employee's contract by eight; | 1023 |
(b) Multiply the product of division (L)(2)(a) of this | 1024 |
section by the employee's assigned hourly rate. | 1025 |
Each employee shall be paid an annual salary in biweekly | 1026 |
installments. The amount of each installment shall be calculated | 1027 |
by dividing the employee's annual salary by the number of biweekly | 1028 |
installments to be paid during the year. | 1029 |
Sections 124.13 and 124.19 of the Revised Code do not apply | 1030 |
to an employee who is paid under this division. | 1031 |
As used in this division, "academic year" means the number of | 1032 |
days in each school year that the schools are required to be open | 1033 |
for instruction with pupils in attendance. Upon completing an | 1034 |
academic year, an employee paid under this division shall be | 1035 |
deemed to have completed one year of service. An employee paid | 1036 |
under this division is eligible to receive a pay supplement under | 1037 |
division | 1038 |
Code for which the employee qualifies, but is not eligible to | 1039 |
receive a pay supplement under division | 1040 |
section. An employee paid under this division is eligible to | 1041 |
receive a pay supplement under division | 1042 |
124.181 of the Revised Code for which the employee qualifies, | 1043 |
except that the supplement is not limited to a maximum of five per | 1044 |
cent of the employee's regular base salary in a calendar year. | 1045 |
(M) Division (A) of this section does not apply to "exempt | 1046 |
employees," as defined in section 124.152 of the Revised Code, who | 1047 |
are paid under that section. | 1048 |
Notwithstanding any other provisions of this chapter, when an | 1049 |
employee transfers between bargaining units or transfers out of or | 1050 |
into a bargaining unit, the director of administrative services | 1051 |
shall establish the employee's compensation and adjust the maximum | 1052 |
leave accrual schedule as the director deems equitable. | 1053 |
Sec. 124.152. (A)(1) Except as provided in divisions (A)(2) | 1054 |
and (3) of this section, each exempt employee shall be paid a | 1055 |
salary or wage in accordance with schedule E-1 or schedule E-2 of | 1056 |
division (B) of this section. | 1057 |
(2) Each exempt employee who holds a position in the | 1058 |
unclassified civil service pursuant to division (A)(26) or (30) of | 1059 |
section 124.11 of the Revised Code may be paid a salary or wage in | 1060 |
accordance with schedule E-1, schedule E-1 for step seven only, or | 1061 |
schedule E-2 of division (B) or (C) of this section, as | 1062 |
applicable. | 1063 |
(3)(a) Except as provided in division (A)(3)(b) of this | 1064 |
section, each exempt employee who was paid a salary or wage at | 1065 |
step 7 in the employee's pay range on June 28, 2003, in accordance | 1066 |
with the applicable schedule E-1 of former section 124.152 of the | 1067 |
Revised Code and who continued to be so paid on June 29, 2003, | 1068 |
shall be paid a salary or wage in the corresponding pay range in | 1069 |
schedule E-1 for step seven only of division (C) of this section | 1070 |
for as long as the employee remains in the position the employee | 1071 |
held as of July 1, 2003. | 1072 |
(b) Except as provided in division (A)(3)(c) of this section, | 1073 |
if an exempt employee who is being paid a salary or wage in | 1074 |
accordance with schedule E-1 for step seven only of division (C) | 1075 |
of this section moves to another position, the employee shall not | 1076 |
receive a salary or wage for that position or any other position | 1077 |
in the future in accordance with that schedule. | 1078 |
(c) If an exempt employee who is being paid a salary or wage | 1079 |
in accordance with schedule E-1 for step seven only of division | 1080 |
(C) of this section moves to another position assigned to pay | 1081 |
range 12 or above, the appointing authority may assign the | 1082 |
employee to be paid a salary or wage in the appropriate pay range | 1083 |
for that position in accordance with the schedule E-1 for step | 1084 |
seven only of division (C) of this section, provided that the | 1085 |
appointing authority so notifies the director of administrative | 1086 |
services in writing at the time the employee is appointed to that | 1087 |
position. | 1088 |
(B) Beginning on the first day of the pay period that | 1089 |
includes | 1090 |
section by S.B. 5 of the 129th general assembly, each exempt | 1091 |
employee who must be paid in accordance with schedule E-1 or | 1092 |
schedule E-2 of this section shall be paid a salary or wage | 1093 |
1094 | |
1095 |
Schedule E-1 | 1096 |
1097 | |
1098 | ||||||||||
Range | 1099 | |||||||||
1 | Hourly | 10.07 | 11.44 | 1100 | ||||||
Annually | 20946 | 23795 | 1101 | |||||||
2 | Hourly | 12.21 | 13.86 | 1102 | ||||||
Annually | 25397 | 28829 | 1103 | |||||||
3 | Hourly | 12.79 | 14.57 | 1104 | ||||||
Annually | 26603 | 30306 | 1105 | |||||||
4 | Hourly | 13.43 | 15.36 | 1106 | ||||||
Annually | 27934 | 31949 | 1107 | |||||||
5 | Hourly | 14.09 | 16.03 | 1108 | ||||||
Annually | 29307 | 33342 | 1109 | |||||||
6 | Hourly | 14.85 | 16.81 | 1110 | ||||||
Annually | 30888 | 34965 | 1111 | |||||||
7 | Hourly | 15.77 | 18.30 | 1112 | ||||||
Annually | 32802 | 38064 | 1113 | |||||||
8 | Hourly | 16.66 | 19.78 | 1114 | ||||||
Annually | 34653 | 41142 | 1115 | |||||||
9 | Hourly | 17.78 | 21.65 | 1116 | ||||||
Annually | 36982 | 45032 | 1117 | |||||||
10 | Hourly | 19.19 | 23.76 | 1118 | ||||||
Annually | 39915 | 49421 | 1119 | |||||||
11 | Hourly | 20.89 | 26.11 | 1120 | ||||||
Annually | 43451 | 54309 | 1121 | |||||||
12 | Hourly | 23.04 | 30.13 | 1122 | ||||||
Annually | 47923 | 62670 | 1123 | |||||||
13 | Hourly | 25.40 | 33.16 | 1124 | ||||||
Annually | 52832 | 68973 | 1125 | |||||||
14 | Hourly | 27.93 | 36.59 | 1126 | ||||||
Annually | 58094 | 76107 | 1127 | |||||||
15 | Hourly | 30.68 | 40.22 | 1128 | ||||||
Annually | 63814 | 83658 | 1129 | |||||||
16 | Hourly | 33.83 | 44.38 | 1130 | ||||||
Annually | 70366 | 92310 | 1131 | |||||||
17 | Hourly | 37.28 | 48.86 | 1132 | ||||||
Annually | 77542 | 101629 | 1133 | |||||||
18 | Hourly | 41.08 | 53.84 | 1134 | ||||||
Annually | 85446 | 111987 | 1135 |
Schedule E-2 | 1136 |
Range | Minimum | Maximum | 1137 | |||||
41 | Hourly | 16.23 | 37.25 | 1138 | ||||
Annually | 33758 | 77480 | 1139 | |||||
42 | Hourly | 17.89 | 41.14 | 1140 | ||||
Annually | 37211 | 85571 | 1141 | |||||
43 | Hourly | 19.70 | 45.31 | 1142 | ||||
Annually | 40976 | 94245 | 1143 | |||||
44 | Hourly | 21.73 | 49.50 | 1144 | ||||
Annually | 45198 | 102960 | 1145 | |||||
45 | Hourly | 24.01 | 54.04 | 1146 | ||||
Annually | 49941 | 112403 | 1147 | |||||
46 | Hourly | 26.43 | 59.06 | 1148 | ||||
Annually | 54974 | 122845 | 1149 | |||||
47 | Hourly | 29.14 | 64.45 | 1150 | ||||
Annually | 60611 | 134056 | 1151 | |||||
48 | Hourly | 32.14 | 70.33 | 1152 | ||||
Annually | 66851 | 146286 | 1153 | |||||
49 | Hourly | 35.44 | 75.94 | 1154 | ||||
Annually | 73715 | 157955 | 1155 |
(C) Beginning on the first day of the pay period that | 1156 |
includes July 1, 2008, each exempt employee who must be paid in | 1157 |
accordance with salary schedule E-1 for step seven only shall be | 1158 |
paid a salary or wage in accordance with the following schedule of | 1159 |
rates: | 1160 |
Schedule E-1 for Step Seven Only | 1161 |
1162 | |
Range | 1163 | |||||||
12 | Hourly | 31.80 | 1164 | |||||
Annually | 66144 | 1165 | ||||||
13 | Hourly | 34.98 | 1166 | |||||
Annually | 72758 | 1167 | ||||||
14 | Hourly | 38.57 | 1168 | |||||
Annually | 80226 | 1169 | ||||||
15 | Hourly | 42.44 | 1170 | |||||
Annually | 88275 | 1171 | ||||||
16 | Hourly | 46.81 | 1172 | |||||
Annually | 97365 | 1173 | ||||||
17 | Hourly | 51.55 | 1174 | |||||
Annually | 107224 | 1175 | ||||||
18 | Hourly | 56.80 | 1176 | |||||
Annually | 118144 | 1177 |
(D) As used in this section, "exempt employee" means a | 1178 |
permanent full-time or permanent part-time employee paid directly | 1179 |
by warrant of the director of budget and management whose position | 1180 |
is included in the job classification plan established under | 1181 |
division (A) of section 124.14 of the Revised Code but who is not | 1182 |
considered a public employee for the purposes of Chapter 4117. of | 1183 |
the Revised Code. As used in this section, "exempt employee" also | 1184 |
includes a permanent full-time or permanent part-time employee of | 1185 |
the secretary of state, auditor of state, treasurer of state, or | 1186 |
attorney general who has not been placed in an appropriate | 1187 |
bargaining unit by the state employment relations board. | 1188 |
Sec. 124.181. (A) Except as provided in divisions
| 1189 |
and
| 1190 |
schedule B of section 124.15 or schedule E-1 or schedule E-1 for | 1191 |
step seven only of section 124.152 of the Revised Code is eligible | 1192 |
for the pay supplements provided in this section upon application | 1193 |
by the appointing authority substantiating the employee's | 1194 |
qualifications for the supplement and with the approval of the | 1195 |
director of administrative services | 1196 |
1197 |
(B)(1) Except as provided in section 124.183 of the Revised | 1198 |
Code, in computing any of the pay supplements provided in this | 1199 |
section for an employee paid in accordance with schedule B of | 1200 |
section 124.15 of the Revised Code, the classification salary base | 1201 |
shall be the minimum hourly rate of the pay range, provided in | 1202 |
that section, in which the employee is assigned at the time of | 1203 |
computation. | 1204 |
(2) Except as provided in section 124.183 of the Revised | 1205 |
Code, in computing any of the pay supplements provided in this | 1206 |
section for an employee paid in accordance with schedule E-1 of | 1207 |
section 124.152 of the Revised Code, the classification salary | 1208 |
base shall be the minimum hourly rate of the pay range, provided | 1209 |
in that section, in which the employee is assigned at the time of | 1210 |
computation. | 1211 |
(3) Except as provided in section 124.183 of the Revised | 1212 |
Code, in computing any of the pay supplements provided in this | 1213 |
section for an employee paid in accordance with schedule E-1 for | 1214 |
step seven only of section 124.152 of the Revised Code, the | 1215 |
classification salary base shall be the minimum hourly rate in the | 1216 |
corresponding pay range, provided in schedule E-1 of that section, | 1217 |
to which the employee is assigned at the time of the computation. | 1218 |
(C) The effective date of any pay supplement, except as | 1219 |
provided in section 124.183 of the Revised Code or unless | 1220 |
otherwise provided in this section, shall be determined by the | 1221 |
director. | 1222 |
(D) The director shall, by rule, establish standards | 1223 |
regarding the administration of this section. | 1224 |
(E) | 1225 |
1226 | |
1227 | |
1228 | |
1229 | |
1230 | |
1231 | |
1232 | |
1233 | |
1234 | |
1235 | |
1236 | |
1237 | |
1238 | |
1239 | |
1240 | |
1241 | |
1242 | |
1243 | |
1244 | |
1245 | |
1246 | |
1247 | |
1248 | |
1249 | |
1250 | |
1251 | |
1252 | |
1253 | |
1254 |
| 1255 |
1256 | |
1257 | |
1258 | |
1259 | |
1260 | |
1261 |
| 1262 |
1263 | |
1264 | |
1265 | |
1266 | |
1267 | |
1268 | |
1269 | |
1270 | |
1271 | |
1272 | |
1273 | |
1274 |
| 1275 |
1276 | |
1277 | |
1278 | |
1279 | |
1280 | |
1281 | |
1282 | |
1283 |
| 1284 |
temporary or a permanent hazard for one or more positions in a | 1285 |
class paid in accordance with schedule B of section 124.15 of the | 1286 |
Revised Code or in accordance with schedule E-1 or schedule E-1 | 1287 |
for step seven only of section 124.152 of the Revised Code, a | 1288 |
special hazard salary adjustment may be granted for the time the | 1289 |
employee is subjected to the hazardous condition. All special | 1290 |
hazard conditions shall be identified for each position and | 1291 |
incidence from information submitted to the director on an | 1292 |
appropriate form provided by the director and categorized into | 1293 |
standard conditions of: some unusual hazard not common to the | 1294 |
class; considerable unusual hazard not common to the class; and | 1295 |
exceptional hazard not common to the class. | 1296 |
(1) A hazardous salary adjustment of five per cent of the | 1297 |
employee's classification salary base may be applied in the case | 1298 |
of some unusual hazardous condition not common to the class for | 1299 |
those hours worked, or a fraction of those hours worked, while the | 1300 |
employee was subject to the unusual hazard condition. | 1301 |
(2) A hazardous salary adjustment of seven and one-half per | 1302 |
cent of the employee's classification salary base may be applied | 1303 |
in the case of some considerable hazardous condition not common to | 1304 |
the class for those hours worked, or a fraction of those hours | 1305 |
worked, while the employee was subject to the considerable hazard | 1306 |
condition. | 1307 |
(3) A hazardous salary adjustment of ten per cent of the | 1308 |
employee's classification salary base may be applied in the case | 1309 |
of some exceptional hazardous condition not common to the class | 1310 |
for those hours worked, or a fraction of those hours worked, when | 1311 |
the employee was subject to the exceptional hazard condition. | 1312 |
(4) Each claim for temporary hazard pay shall be submitted as | 1313 |
a separate payment and shall be subject to an administrative audit | 1314 |
by the director as to the extent and duration of the employee's | 1315 |
exposure to the hazardous condition. | 1316 |
| 1317 |
directly by warrant of the director of budget and management and | 1318 |
who also is eligible for overtime under the "Fair Labor Standards | 1319 |
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is | 1320 |
ordered by the appointing authority to report back to work after | 1321 |
termination of the employee's regular work schedule and the | 1322 |
employee reports, the employee shall be paid for such time. The | 1323 |
employee shall be entitled to four hours at the employee's total | 1324 |
rate of pay or overtime compensation for the actual hours worked, | 1325 |
whichever is greater. This division does not apply to work that is | 1326 |
a continuation of or immediately preceding an employee's regular | 1327 |
work schedule. | 1328 |
| 1329 |
accordance with schedule B of section 124.15 of the Revised Code | 1330 |
or in accordance with schedule E-1 or schedule E-1 for step seven | 1331 |
only of section 124.152 of the Revised Code require the ability to | 1332 |
speak or write a language other than English, a special pay | 1333 |
supplement may be granted to attract bilingual individuals, to | 1334 |
encourage present employees to become proficient in other | 1335 |
languages, or to retain qualified bilingual employees. The | 1336 |
bilingual pay supplement provided in this division may be granted | 1337 |
in the amount of five per cent of the employee's classification | 1338 |
salary base for each required foreign language and shall remain in | 1339 |
effect as long as the bilingual requirement exists. | 1340 |
| 1341 |
a shift differential for employees. The differential shall be paid | 1342 |
to employees in positions working in other than the regular or | 1343 |
first shift. In those divisions or agencies where only one shift | 1344 |
prevails, no shift differential shall be paid regardless of the | 1345 |
hours of the day that are worked. The director and the appointing | 1346 |
authority shall designate which positions shall be covered by this | 1347 |
division. | 1348 |
| 1349 |
level position for a continuous period of more than two weeks but | 1350 |
no more than two years because of a vacancy, the employee's pay | 1351 |
may be established at a rate that is approximately four per cent | 1352 |
above the employee's current base rate for the period the employee | 1353 |
occupies the position, provided that this temporary occupancy is | 1354 |
approved by the director. Employees paid under this division shall | 1355 |
continue to receive any of the pay supplements due them under | 1356 |
other divisions of this section based on the | 1357 |
classification salary base | 1358 |
| 1359 |
paid in accordance with schedule B of section 124.15 of the | 1360 |
Revised Code or in accordance with schedule E-1 or schedule E-1 | 1361 |
for step seven only of section 124.152 of the Revised Code are | 1362 |
mandated by state or federal law or regulation or other regulatory | 1363 |
agency or other certification authority to have special technical | 1364 |
certification, registration, or licensing to perform the functions | 1365 |
which are under the mandate, a special professional achievement | 1366 |
pay supplement may be granted. This special professional | 1367 |
achievement pay supplement shall not be granted when all | 1368 |
incumbents in all positions in a class require a license as | 1369 |
provided in the classification description published by the | 1370 |
department of administrative services; to licensees where no | 1371 |
special or extensive training is required; when certification is | 1372 |
granted upon completion of a stipulated term of in-service | 1373 |
training; when an appointing authority has required certification; | 1374 |
or any other condition prescribed by the director. | 1375 |
(1) Before this supplement may be applied, evidence as to the | 1376 |
requirement must be provided by the agency for each position | 1377 |
involved, and certification must be received from the director as | 1378 |
to the director's concurrence for each of the positions so | 1379 |
affected. | 1380 |
(2) The professional achievement pay supplement provided in | 1381 |
this division shall be granted in an amount up to ten per cent of | 1382 |
the employee's classification salary base and shall remain in | 1383 |
effect as long as the mandate exists. | 1384 |
| 1385 |
principal, assistant principal, or superintendent positions who | 1386 |
have attained a higher educational level than a basic bachelor's | 1387 |
degree may receive an educational pay supplement to remain in | 1388 |
effect as long as the employee's assignment and classification | 1389 |
remain the same. | 1390 |
(1) An educational pay supplement of two and one-half per | 1391 |
cent of the employee's classification salary base may be applied | 1392 |
upon the achievement of a bachelor's degree plus twenty quarter | 1393 |
hours of postgraduate work. | 1394 |
(2) An educational pay supplement of an additional five per | 1395 |
cent of the employee's classification salary base may be applied | 1396 |
upon achievement of a master's degree. | 1397 |
(3) An educational pay supplement of an additional two and | 1398 |
one-half per cent of the employee's classification salary base may | 1399 |
be applied upon achievement of a master's degree plus thirty | 1400 |
quarter hours of postgraduate work. | 1401 |
(4) An educational pay supplement of five per cent of the | 1402 |
employee's classification salary base may be applied when the | 1403 |
employee is performing as a master teacher. | 1404 |
(5) An educational pay supplement of five per cent of the | 1405 |
employee's classification salary base may be applied when the | 1406 |
employee is performing as a special education teacher. | 1407 |
(6) Those employees in teaching supervisory, principal, | 1408 |
assistant principal, or superintendent positions who are | 1409 |
responsible for specific extracurricular activity programs shall | 1410 |
receive overtime pay for those hours worked in excess of their | 1411 |
normal schedule, at their straight time hourly rate up to a | 1412 |
maximum of five per cent of their regular base salary in any | 1413 |
calendar year. | 1414 |
| 1415 |
a supplementary compensation schedule based upon merit for those | 1416 |
licensed physicians employed by the agency, board, or commission | 1417 |
in positions requiring a licensed physician. The supplementary | 1418 |
compensation schedule, together with the compensation otherwise | 1419 |
authorized by this chapter, shall provide for the total | 1420 |
compensation for these employees to range appropriately, but not | 1421 |
necessarily uniformly, for each classification title requiring a | 1422 |
licensed physician, in accordance with a schedule approved by the | 1423 |
state controlling board. The individual salary levels recommended | 1424 |
for each such physician employed shall be approved by the | 1425 |
director. Notwithstanding section 124.11 of the Revised Code, such | 1426 |
personnel are in the unclassified civil service. | 1427 |
(2) The director of administrative services may approve | 1428 |
supplementary compensation for the director of health, if the | 1429 |
director is a licensed physician, in accordance with a | 1430 |
supplementary compensation schedule approved under division | 1431 |
1432 | |
supplementary compensation schedule the director of administrative | 1433 |
services considers appropriate. The supplementary compensation | 1434 |
shall not exceed twenty per cent of the director of health's base | 1435 |
rate of pay. | 1436 |
| 1437 |
1438 | |
1439 | |
1440 | |
1441 | |
1442 | |
1443 |
| 1444 |
are exempt from collective bargaining coverage may be granted a | 1445 |
merit pay supplement of up to one and one-half per cent of their | 1446 |
1447 | |
granted shall be based on performance standards established by the | 1448 |
treasurer of state. Any supplements granted under this division | 1449 |
shall be administered on an annual basis. | 1450 |
| 1451 |
of the Revised Code are not eligible for the pay supplements | 1452 |
provided by this section. | 1453 |
| 1454 |
are exempt from collective bargaining and who are paid in | 1455 |
accordance with schedule E-1 or in accordance with schedule E-1 | 1456 |
for step 7 only and are paid a salary or wage in accordance with | 1457 |
the schedule of rates in division (B) or (C) of section 124.152 of | 1458 |
the Revised Code shall receive a reduction of two per cent in | 1459 |
their hourly and annual pay calculation beginning with the pay | 1460 |
period that immediately follows July 1, 2009. | 1461 |
Sec. 124.322. Whenever a reduction in the work force is | 1462 |
necessary, the appointing authority of an agency shall decide in | 1463 |
which classification or classifications the layoff or layoffs will | 1464 |
occur and the number of employees to be laid off within each | 1465 |
affected classification. The director of administrative services | 1466 |
shall adopt rules, under Chapter 119. of the Revised Code, | 1467 |
establishing a method for determining layoff procedures and an | 1468 |
order of layoff of, and the displacement and recall of, laid-off | 1469 |
state and county employees. | 1470 |
The order of layoff in those rules shall be based in part on | 1471 |
length of service | 1472 |
agency from using an employee's length of service as the only | 1473 |
factor to determine whether to lay off the employee. The rules | 1474 |
shall include efficiency in service, appointment type, | 1475 |
similar other factors the director considers appropriate. | 1476 |
1477 | |
1478 | |
1479 | |
1480 |
Sec. 124.325. (A) An appointing authority shall calculate an | 1481 |
employee's retention points based upon length of service, | 1482 |
efficiency of service, and other similar factors the director of | 1483 |
administrative services, in the rules the director adopts for | 1484 |
state or county employees under section 124.322 of the Revised | 1485 |
Code, or the appointing authority, as applicable, determines is | 1486 |
appropriate. Retention points | 1487 |
1488 | |
layoff shall be verified by the director of administrative | 1489 |
services for positions in the service of the state. | 1490 |
(B) An employee's length of continuous service will be | 1491 |
carried from one layoff jurisdiction to another so long as no | 1492 |
break in service occurs between transfers or appointments. | 1493 |
(C) | 1494 |
this section, an appointing authority shall adopt rules to | 1495 |
determine which employee the appointing authority shall lay off | 1496 |
first if two or more employees have an identical number of | 1497 |
retention points | 1498 |
1499 |
(2) The director shall adopt rules in accordance with Chapter | 1500 |
119. of the Revised Code to establish a system for the assignment | 1501 |
of retention points for each employee in the service of the state | 1502 |
in a classification affected by a layoff and for determining, in | 1503 |
those instances where employees in the service of the state have | 1504 |
identical retention points, which employee shall be laid off | 1505 |
first. The rules shall permit an appointing authority to consider | 1506 |
the number of management and nonmanagement employees when | 1507 |
determining which employees to lay off. | 1508 |
(D)(1) As used in this division, "affected employee" means a | 1509 |
city employee who becomes a county employee, or a county employee | 1510 |
who becomes a city employee, as the result of any of the | 1511 |
following: | 1512 |
(a) The merger of a city and a county office; | 1513 |
(b) The merger of city and county functions or duties; | 1514 |
(c) The transfer of functions or duties between a city and | 1515 |
county. | 1516 |
(2) For purposes of this section, the new employer of any | 1517 |
affected employee shall treat the employee's prior service with a | 1518 |
former employer as if it had been served with the new employer. | 1519 |
| 1520 |
1521 | |
1522 | |
1523 | |
1524 | |
1525 | |
1526 |
Sec. 124.34. (A) The tenure of every officer or employee in | 1527 |
the classified service of the state and the counties, civil | 1528 |
service townships, cities, city health districts, general health | 1529 |
districts, and city school districts of the state, holding a | 1530 |
position under this chapter, shall be during good behavior and | 1531 |
efficient service. No officer or employee shall be reduced in pay | 1532 |
or position, fined, suspended, or removed, or have the officer's | 1533 |
or employee's longevity reduced or eliminated, except as provided | 1534 |
in section 124.32 of the Revised Code, and for incompetency, | 1535 |
inefficiency, dishonesty, drunkenness, immoral conduct, | 1536 |
insubordination, discourteous treatment of the public, neglect of | 1537 |
duty, violation of any policy or work rule of the officer's or | 1538 |
employee's appointing authority, violation of this chapter or the | 1539 |
rules of the director of administrative services or the | 1540 |
commission, any other failure of good behavior, any other acts of | 1541 |
misfeasance, malfeasance, or nonfeasance in office, or conviction | 1542 |
of a felony. The denial of a one-time pay supplement or a bonus to | 1543 |
an officer or employee is not a reduction in pay for purposes of | 1544 |
this section. | 1545 |
This section does not apply to any modifications or | 1546 |
reductions in pay authorized by division | 1547 |
or section 124.392 or 124.393 of the Revised Code. | 1548 |
An appointing authority may require an employee who is | 1549 |
suspended to report to work to serve the suspension. An employee | 1550 |
serving a suspension in this manner shall continue to be | 1551 |
compensated at the employee's regular rate of pay for hours | 1552 |
worked. The disciplinary action shall be recorded in the | 1553 |
employee's personnel file in the same manner as other disciplinary | 1554 |
actions and has the same effect as a suspension without pay for | 1555 |
the purpose of recording disciplinary actions. | 1556 |
A finding by the appropriate ethics commission, based upon a | 1557 |
preponderance of the evidence, that the facts alleged in a | 1558 |
complaint under section 102.06 of the Revised Code constitute a | 1559 |
violation of Chapter 102., section 2921.42, or section 2921.43 of | 1560 |
the Revised Code may constitute grounds for dismissal. Failure to | 1561 |
file a statement or falsely filing a statement required by section | 1562 |
102.02 of the Revised Code may also constitute grounds for | 1563 |
dismissal. The tenure of an employee in the career professional | 1564 |
service of the department of transportation is subject to section | 1565 |
5501.20 of the Revised Code. | 1566 |
Conviction of a felony is a separate basis for reducing in | 1567 |
pay or position, suspending, or removing an officer or employee, | 1568 |
even if the officer or employee has already been reduced in pay or | 1569 |
position, suspended, or removed for the same conduct that is the | 1570 |
basis of the felony. An officer or employee may not appeal to the | 1571 |
state personnel board of review or the commission any disciplinary | 1572 |
action taken by an appointing authority as a result of the | 1573 |
officer's or employee's conviction of a felony. If an officer or | 1574 |
employee removed under this section is reinstated as a result of | 1575 |
an appeal of the removal, any conviction of a felony that occurs | 1576 |
during the pendency of the appeal is a basis for further | 1577 |
disciplinary action under this section upon the officer's or | 1578 |
employee's reinstatement. | 1579 |
A person convicted of a felony immediately forfeits the | 1580 |
person's status as a classified employee in any public employment | 1581 |
on and after the date of the conviction for the felony. If an | 1582 |
officer or employee is removed under this section as a result of | 1583 |
being convicted of a felony or is subsequently convicted of a | 1584 |
felony that involves the same conduct that was the basis for the | 1585 |
removal, the officer or employee is barred from receiving any | 1586 |
compensation after the removal notwithstanding any modification or | 1587 |
disaffirmance of the removal, unless the conviction for the felony | 1588 |
is subsequently reversed or annulled. | 1589 |
Any person removed for conviction of a felony is entitled to | 1590 |
a cash payment for any accrued but unused sick, personal, and | 1591 |
vacation leave as authorized by law. If subsequently reemployed in | 1592 |
the public sector, the person shall qualify for and accrue these | 1593 |
forms of leave in the manner specified by law for a newly | 1594 |
appointed employee and shall not be credited with prior public | 1595 |
service for the purpose of receiving these forms of leave. | 1596 |
As used in this division, "felony" means any of the | 1597 |
following: | 1598 |
(1) A felony that is an offense of violence as defined in | 1599 |
section 2901.01 of the Revised Code; | 1600 |
(2) A felony that is a felony drug abuse offense as defined | 1601 |
in section 2925.01 of the Revised Code; | 1602 |
(3) A felony under the laws of this or any other state or the | 1603 |
United States that is a crime of moral turpitude; | 1604 |
(4) A felony involving dishonesty, fraud, or theft; | 1605 |
(5) A felony that is a violation of section 2921.05, 2921.32, | 1606 |
or 2921.42 of the Revised Code. | 1607 |
(B) In case of a reduction, a suspension of more than forty | 1608 |
work hours in the case of an employee exempt from the payment of | 1609 |
overtime compensation, a suspension of more than twenty-four work | 1610 |
hours in the case of an employee required to be paid overtime | 1611 |
compensation, a fine of more than forty hours' pay in the case of | 1612 |
an employee exempt from the payment of overtime compensation, a | 1613 |
fine of more than twenty-four hours' pay in the case of an | 1614 |
employee required to be paid overtime compensation, or removal, | 1615 |
except for the reduction or removal of a probationary employee, | 1616 |
the appointing authority shall serve the employee with a copy of | 1617 |
the order of reduction, fine, suspension, or removal, which order | 1618 |
shall state the reasons for the action. | 1619 |
Within ten days following the date on which the order is | 1620 |
served or, in the case of an employee in the career professional | 1621 |
service of the department of transportation, within ten days | 1622 |
following the filing of a removal order, the employee, except as | 1623 |
otherwise provided in this section, may file an appeal of the | 1624 |
order in writing with the state personnel board of review or the | 1625 |
commission. For purposes of this section, the date on which an | 1626 |
order is served is the date of hand delivery of the order or the | 1627 |
date of delivery of the order by certified United States mail, | 1628 |
whichever occurs first. If an appeal is filed, the board or | 1629 |
commission shall forthwith notify the appointing authority and | 1630 |
shall hear, or appoint a trial board to hear, the appeal within | 1631 |
thirty days from and after its filing with the board or | 1632 |
commission. The board, commission, or trial board may affirm, | 1633 |
disaffirm, or modify the judgment of the appointing authority. | 1634 |
However, in an appeal of a removal order based upon a violation of | 1635 |
a last chance agreement, the board, commission, or trial board may | 1636 |
only determine if the employee violated the agreement and thus | 1637 |
affirm or disaffirm the judgment of the appointing authority. | 1638 |
In cases of removal or reduction in pay for disciplinary | 1639 |
reasons, either the appointing authority or the officer or | 1640 |
employee may appeal from the decision of the state personnel board | 1641 |
of review or the commission, and any such appeal shall be to the | 1642 |
court of common pleas of the county in which the appointing | 1643 |
authority is located, or to the court of common pleas of Franklin | 1644 |
county, as provided by section 119.12 of the Revised Code. | 1645 |
(C) In the case of the suspension for any period of time, or | 1646 |
a fine, demotion, or removal, of a chief of police, a chief of a | 1647 |
fire department, or any member of the police or fire department of | 1648 |
a city or civil service township, who is in the classified civil | 1649 |
service, the appointing authority shall furnish the chief or | 1650 |
member with a copy of the order of suspension, fine, demotion, or | 1651 |
removal, which order shall state the reasons for the action. The | 1652 |
order shall be filed with the municipal or civil service township | 1653 |
civil service commission. Within ten days following the filing of | 1654 |
the order, the chief or member may file an appeal, in writing, | 1655 |
with the commission. If an appeal is filed, the commission shall | 1656 |
forthwith notify the appointing authority and shall hear, or | 1657 |
appoint a trial board to hear, the appeal within thirty days from | 1658 |
and after its filing with the commission, and it may affirm, | 1659 |
disaffirm, or modify the judgment of the appointing authority. An | 1660 |
appeal on questions of law and fact may be had from the decision | 1661 |
of the commission to the court of common pleas in the county in | 1662 |
which the city or civil service township is situated. The appeal | 1663 |
shall be taken within thirty days from the finding of the | 1664 |
commission. | 1665 |
(D) A violation of division (A)(7) of section 2907.03 of the | 1666 |
Revised Code is grounds for termination of employment of a | 1667 |
nonteaching employee under this section. | 1668 |
(E) As used in this section, "last chance agreement" means an | 1669 |
agreement signed by both an appointing authority and an officer or | 1670 |
employee of the appointing authority that describes the type of | 1671 |
behavior or circumstances that, if it occurs, will automatically | 1672 |
lead to removal of the officer or employee without the right of | 1673 |
appeal to the state personnel board of review or the appropriate | 1674 |
commission. | 1675 |
Sec. 124.38. Each of the following shall be entitled for | 1676 |
each completed eighty hours of service to sick leave of | 1677 |
and
| 1678 |
(A) Employees in the various offices of the county, | 1679 |
municipal, and civil service township service, other than | 1680 |
superintendents and management employees, as defined in section | 1681 |
5126.20 of the Revised Code, of county boards of developmental | 1682 |
disabilities; | 1683 |
(B) Employees of any state college or university | 1684 |
| 1685 |
1686 |
Employees may use sick leave, upon approval of the | 1687 |
responsible administrative officer of the employing unit, for | 1688 |
absence due to personal illness, pregnancy, injury, exposure to | 1689 |
contagious disease that could be communicated to other employees, | 1690 |
and illness, injury, or death in the employee's immediate family. | 1691 |
Unused sick leave shall be cumulative without limit. When sick | 1692 |
leave is used, it shall be deducted from the employee's credit on | 1693 |
the basis of one hour for every one hour of absence from | 1694 |
previously scheduled work. | 1695 |
The previously accumulated sick leave of an employee who has | 1696 |
been separated from the public service shall be placed to the | 1697 |
employee's credit upon the employee's re-employment in the public | 1698 |
service, provided that the re-employment takes place within ten | 1699 |
years of the date on which the employee was last terminated from | 1700 |
public service. This ten-year period shall be tolled for any | 1701 |
period during which the employee holds elective public office, | 1702 |
whether by election or by appointment. | 1703 |
An employee who transfers from one public agency to another | 1704 |
shall be credited with the unused balance of the employee's | 1705 |
accumulated sick leave up to the maximum of the sick leave | 1706 |
accumulation permitted in the public agency to which the employee | 1707 |
transfers. | 1708 |
The appointing authorities of the various offices of the | 1709 |
county service may permit all or any part of a person's accrued | 1710 |
but unused sick leave acquired during service with any regional | 1711 |
council of government established in accordance with Chapter 167. | 1712 |
of the Revised Code to be credited to the employee upon a transfer | 1713 |
as if the employee were transferring from one public agency to | 1714 |
another under this section. | 1715 |
The appointing authority of each employing unit shall require | 1716 |
an employee to furnish a satisfactory written, signed statement to | 1717 |
justify the use of sick leave. If medical attention is required, a | 1718 |
certificate stating the nature of the illness from a licensed | 1719 |
physician shall be required to justify the use of sick leave. | 1720 |
Falsification of either a written, signed statement or a | 1721 |
physician's certificate shall be grounds for disciplinary action, | 1722 |
including dismissal. | 1723 |
This section does not interfere with existing unused sick | 1724 |
leave credit in any agency of government where attendance records | 1725 |
are maintained and credit has been given employees for unused sick | 1726 |
leave. | 1727 |
Notwithstanding this section or any other section of the | 1728 |
Revised Code, any appointing authority of a county office, | 1729 |
department, commission, board, or body may, upon notification to | 1730 |
the board of county commissioners, establish alternative schedules | 1731 |
of sick leave for employees of the appointing authority for whom | 1732 |
the state employment relations board has not established an | 1733 |
appropriate bargaining unit pursuant to section 4117.06 of the | 1734 |
Revised Code, as long as the alternative schedules are not | 1735 |
inconsistent with the provisions of at least one collective | 1736 |
bargaining agreement covering other employees of that appointing | 1737 |
authority, if such a collective bargaining agreement exists. If no | 1738 |
such collective bargaining agreement exists, an appointing | 1739 |
authority may, upon notification to the board of county | 1740 |
commissioners, establish an alternative schedule of sick leave for | 1741 |
its employees that does not diminish the sick leave benefits | 1742 |
granted by this section. | 1743 |
Any sick leave that a board of education awards shall be | 1744 |
awarded in accordance with the leave policy the board adopts | 1745 |
pursuant to section 3319.141 of the Revised Code. | 1746 |
Sec. 124.388. (A) | 1747 |
division (C) of this section, an appointing authority may, in its | 1748 |
discretion, place an employee on administrative leave with pay. | 1749 |
Administrative leave with pay is to be used only in circumstances | 1750 |
where the health or safety of an employee or of any person or | 1751 |
property entrusted to the employee's care could be adversely | 1752 |
affected. Compensation for administrative leave with pay shall be | 1753 |
equal to the employee's base rate of pay. The length of | 1754 |
administrative leave with pay is solely at the discretion of the | 1755 |
appointing authority, but shall not exceed the length of the | 1756 |
situation for which the leave was granted. An appointing authority | 1757 |
may also grant administrative leave with pay of two days or less | 1758 |
for employees who are moved in accordance with section 124.33 of | 1759 |
the Revised Code. | 1760 |
(B) | 1761 |
section, an appointing authority may, in its discretion, place an | 1762 |
employee on administrative leave without pay for a period not to | 1763 |
exceed two months, if the employee has been charged with a | 1764 |
violation of law that is punishable as a felony. If the employee | 1765 |
subsequently does not plead guilty to or is not found guilty of a | 1766 |
felony with which the employee is charged or any other felony, the | 1767 |
appointing authority shall pay the employee at the employee's base | 1768 |
rate of pay, plus interest, for the period the employee was on the | 1769 |
unpaid administrative leave. | 1770 |
(C) An appointing authority that is a city school district | 1771 |
may place an employee on administrative leave in accordance with | 1772 |
the policy the board of education of the district adopts pursuant | 1773 |
to section 3319.141 of the Revised Code. | 1774 |
Sec. 124.39. As used in this section, "retirement" means | 1775 |
disability or service retirement under any state or municipal | 1776 |
retirement system in this state. | 1777 |
(A)(1) Except as provided in division (A)(3) of this section, | 1778 |
an employee of a state college or university may elect, at the | 1779 |
time of retirement from active service and with ten or more years | 1780 |
of service with the state or any of its political subdivisions, to | 1781 |
be paid in cash for one-fourth of the value of the employee's | 1782 |
accrued but unused sick leave credit. Such payment shall be based | 1783 |
on the employee's rate of pay at the time of retirement. Payment | 1784 |
for sick leave on this basis shall be considered to eliminate all | 1785 |
sick leave credit accrued by the employee at that time. Such | 1786 |
payment shall be made only once to any employee. The maximum | 1787 |
payment which may be made under this division shall be for | 1788 |
one-fourth of one hundred twenty days. | 1789 |
(2) A state college or university may adopt a policy allowing | 1790 |
an employee to receive payment for more than one-fourth the value | 1791 |
of the employee's unused sick leave or for more than the aggregate | 1792 |
value of thirty days of the employee's unused sick leave, or | 1793 |
allowing the number of years of service to be less than ten. | 1794 |
(3) Notwithstanding the provisions of division (A)(1) of this | 1795 |
section, any employee who retired from the university of | 1796 |
Cincinnati on or after September 25, 1978, and on or before | 1797 |
November 15, 1981, may be paid in cash for up to one-half of the | 1798 |
value of the employee's accrued but unused sick leave credit up to | 1799 |
a maximum of sixty days if the employee otherwise meets the | 1800 |
service and other requirements necessary to receive such payment | 1801 |
and if any such payment has deducted from it any amount previously | 1802 |
paid to the employee from the employee's accrued but unused sick | 1803 |
leave credit at the time of the employee's retirement. | 1804 |
(B) Except as provided in division (C) of this section, an | 1805 |
employee of a political subdivision covered by section 124.38 or | 1806 |
3319.141 of the Revised Code may elect, at the time of retirement | 1807 |
from active service with the political subdivision, and with ten | 1808 |
or more years of service with the state, any political | 1809 |
subdivisions, or any combination thereof, to be paid in cash for | 1810 |
one-fourth the value of the employee's accrued but unused sick | 1811 |
leave credit. The payment shall be based on the employee's rate of | 1812 |
pay at the time of retirement and eliminates all sick leave credit | 1813 |
accrued but unused by the employee at the time payment is made. An | 1814 |
employee may receive one or more payments under this division, but | 1815 |
the aggregate value of accrued but unused sick leave credit that | 1816 |
is paid shall not exceed, for all payments, the value of thirty | 1817 |
days of accrued but unused sick leave. | 1818 |
(C) A political subdivision may adopt a policy allowing an | 1819 |
employee to receive payment for more than one-fourth the value of | 1820 |
the employee's unused sick leave or for more than the aggregate | 1821 |
value of thirty days of the employee's unused sick leave, or | 1822 |
allowing the number of years of service to be less than ten. The | 1823 |
political subdivision may also adopt a policy permitting an | 1824 |
employee to receive payment upon a termination of employment other | 1825 |
than retirement or permitting more than one payment to any | 1826 |
employee. Any policy adopted under this division by a political | 1827 |
subdivision that is a city school district shall comply with the | 1828 |
policy the board of education of the district adopts pursuant to | 1829 |
section 3319.141 of the Revised Code. | 1830 |
Notwithstanding section 325.17 or any other section of the | 1831 |
Revised Code authorizing any appointing authority of a county | 1832 |
office, department, commission, or board to set compensation, any | 1833 |
modification of the right provided by division (B) of this | 1834 |
section, and any policy adopted under division (C) of this | 1835 |
section, shall only apply to a county office, department, | 1836 |
commission, or board if it is adopted in one of the following | 1837 |
ways: | 1838 |
(1) By resolution of the board of county commissioners for | 1839 |
any office, department, commission, or board that receives at | 1840 |
least one-half of its funding from the county general revenue | 1841 |
fund; | 1842 |
(2) By order of any appointing authority of a county office, | 1843 |
department, commission, or board that receives less than one-half | 1844 |
of its funding from the county general revenue fund. Such office, | 1845 |
department, commission, or board shall provide written notice to | 1846 |
the board of county commissioners of such order. | 1847 |
(3) As part of a collective bargaining agreement. | 1848 |
A political subdivision may adopt policies similar to the | 1849 |
provisions contained in sections 124.382 to 124.386 of the Revised | 1850 |
Code. | 1851 |
Sec. 124.81. (A) Except as provided in division (F) of this | 1852 |
section, the department of administrative services in consultation | 1853 |
with the superintendent of insurance shall negotiate with and, in | 1854 |
accordance with the competitive selection procedures of Chapter | 1855 |
125. of the Revised Code, contract with one or more insurance | 1856 |
companies authorized to do business in this state, for the | 1857 |
issuance of one of the following: | 1858 |
(1) A policy of group life insurance covering all state | 1859 |
employees who are paid directly by warrant of the state auditor, | 1860 |
including elected state officials; | 1861 |
(2) A combined policy, or coordinated policies of one or more | 1862 |
insurance companies or health insuring corporations in combination | 1863 |
with one or more insurance companies providing group life and | 1864 |
health, medical, hospital, dental, or surgical insurance, or any | 1865 |
combination thereof, covering all such employees; | 1866 |
(3) A policy that may include, but is not limited to, | 1867 |
1868 | |
1869 | |
benefits, group life, life, sickness, and accident insurance, | 1870 |
group legal services, or a combination of the above benefits for | 1871 |
some or all of the employees paid in accordance with section | 1872 |
124.152 of the Revised Code and for some or all of the employees | 1873 |
listed in divisions (B)(2) and (4) of section 124.14 of the | 1874 |
Revised Code, and their immediate dependents. | 1875 |
(B) The department of administrative services in consultation | 1876 |
with the superintendent of insurance shall negotiate with and, in | 1877 |
accordance with the competitive selection procedures of Chapter | 1878 |
125. of the Revised Code, contract with one or more insurance | 1879 |
companies authorized to do business in this state, for the | 1880 |
issuance of a policy of group life insurance covering all | 1881 |
municipal and county court judges. The amount of such coverage | 1882 |
shall be an amount equal to the aggregate salary set forth for | 1883 |
each municipal court judge in sections 141.04 and 1901.11 of the | 1884 |
Revised Code, and set forth for each county court judge in | 1885 |
sections 141.04 and 1907.16 of the Revised Code. | 1886 |
(C) If a state employee uses all accumulated sick leave and | 1887 |
then goes on an extended medical disability, the policyholder | 1888 |
shall continue at no cost to the employee the coverage of the | 1889 |
group life insurance for such employee for the period of such | 1890 |
extended leave, but not beyond three years. | 1891 |
(D) If a state employee insured under a group life insurance | 1892 |
policy as provided in division (A) of this section is laid off | 1893 |
pursuant to section 124.32 of the Revised Code, such employee by | 1894 |
request to the policyholder, made no later than the effective date | 1895 |
of the layoff, may elect to continue the employee's group life | 1896 |
insurance for the one-year period through which the employee may | 1897 |
be considered to be on laid-off status by paying the policyholder | 1898 |
through payroll deduction or otherwise twelve times the monthly | 1899 |
premium computed at the existing average rate for the group life | 1900 |
case for the amount of the employee's insurance thereunder at the | 1901 |
time of the employee's layoff. The policyholder shall pay the | 1902 |
premiums to the insurance company at the time of the next regular | 1903 |
monthly premium payment for the actively insured employees and | 1904 |
furnish the company appropriate data as to such laid-off | 1905 |
employees. At the time an employee receives written notice of a | 1906 |
layoff, the policyholder shall also give such employee written | 1907 |
notice of the opportunity to continue group life insurance in | 1908 |
accordance with this division. When such laid-off employee is | 1909 |
reinstated for active work before the end of the one-year period, | 1910 |
the employee shall be reclassified as insured again as an active | 1911 |
employee under the group and appropriate refunds for the number of | 1912 |
full months of unearned premium payment shall be made by the | 1913 |
policyholder. | 1914 |
(E) This section does not affect the conversion rights of an | 1915 |
insured employee when the employee's group insurance terminates | 1916 |
under the policy. | 1917 |
(F) Notwithstanding division (A) of this section, the | 1918 |
department may provide benefits equivalent to those that may be | 1919 |
paid under a policy issued by an insurance company, or the | 1920 |
department may, to comply with a collectively bargained contract, | 1921 |
enter into an agreement with a jointly administered trust fund | 1922 |
which receives contributions pursuant to a collective bargaining | 1923 |
agreement entered into between this state, or any of its political | 1924 |
subdivisions, and any collective bargaining representative of the | 1925 |
employees of this state or any political subdivision for the | 1926 |
purpose of providing for self-insurance of all risk in the | 1927 |
provision of fringe benefits similar to those that may be paid | 1928 |
pursuant to division (A) of this section, and the jointly | 1929 |
administered trust fund may provide through the self-insurance | 1930 |
method specific fringe benefits as authorized by the rules of the | 1931 |
board of trustees of the jointly administered trust fund. Any | 1932 |
health care benefits provided through the fund shall be the same | 1933 |
as those health care benefits provided under a contract entered | 1934 |
into under division (A) of this section. The director shall make | 1935 |
any contract entered into under division (A) of this section that | 1936 |
provides health care benefits available to the board of trustees | 1937 |
of the jointly administered trust fund. Amounts from the fund may | 1938 |
be used to pay direct and indirect costs that are attributable to | 1939 |
consultants or a third-party administrator and that are necessary | 1940 |
to administer this section. Benefits provided under this section | 1941 |
include | 1942 |
1943 | |
health care | 1944 |
insurance, sickness and accident insurance, group legal services, | 1945 |
or a combination of the above benefits, for the employees and | 1946 |
their immediate dependents. | 1947 |
(G) Notwithstanding any other provision of the Revised Code, | 1948 |
any public employer, including the state, and any of its political | 1949 |
subdivisions, including, but not limited to, any county, county | 1950 |
hospital, municipal corporation, township, park district, school | 1951 |
district, state institution of higher education, public or special | 1952 |
district, state agency, authority, commission, or board, or any | 1953 |
other branch of public employment, and any collective bargaining | 1954 |
representative of employees of the state or any political | 1955 |
subdivision may agree in a collective bargaining agreement that | 1956 |
any mutually agreed fringe benefit including | 1957 |
1958 | |
1959 | |
1960 | |
accident insurance, group legal services, or a combination | 1961 |
thereof, for employees and their dependents be provided through a | 1962 |
mutually agreed upon contribution to a jointly administered trust | 1963 |
fund. Amounts from the fund may be used to pay direct and indirect | 1964 |
costs that are attributable to consultants or a third-party | 1965 |
administrator and that are necessary to administer this section. | 1966 |
The amount, type, and structure of fringe benefits provided under | 1967 |
this division is subject to the determination of the board of | 1968 |
trustees of the jointly administered trust fund, except that any | 1969 |
health care benefits provided through the fund shall be the same | 1970 |
as those health care benefits provided under a contract entered | 1971 |
into between the public employer and the insurance company | 1972 |
providing those benefits. The public employer shall make that | 1973 |
contract available to the board of trustees of the jointly | 1974 |
administered trust fund. Notwithstanding any other provision of | 1975 |
the Revised Code, competitive bidding does not apply to the | 1976 |
purchase of fringe benefits for employees under this division | 1977 |
through a jointly administered trust fund. | 1978 |
(H) The health care benefits provided to a management level | 1979 |
employee, as defined in section 4117.01 of the Revised Code, under | 1980 |
a contract entered into under this section shall be the same as | 1981 |
any health care benefits provided to other employees of the same | 1982 |
public employer. | 1983 |
(I) A public employer, including the state and any of its | 1984 |
political subdivisions, shall not pay more than eighty-five per | 1985 |
cent of the cost of the provision of health care benefits pursuant | 1986 |
to this section. | 1987 |
(J) As used in this section and section 124.82 of the Revised | 1988 |
Code, "health care benefits" includes hospitalization, surgical, | 1989 |
major medical, dental, vision, and medical care, disability, | 1990 |
hearing aids, prescription drugs, or a combination of these | 1991 |
benefits. | 1992 |
Sec. 124.82. (A) Except as provided in division (D) of this | 1993 |
section, the department of administrative services, in | 1994 |
consultation with the superintendent of insurance, shall, in | 1995 |
accordance with competitive selection procedures of Chapter 125. | 1996 |
of the Revised Code, contract with an insurance company or a | 1997 |
health plan in combination with an insurance company, authorized | 1998 |
to do business in this state, for the issuance of a policy or | 1999 |
contract of health, medical, hospital, dental, or surgical | 2000 |
benefits, or any combination of those benefits, covering state | 2001 |
employees who are paid directly by warrant of the director of | 2002 |
budget and management, including elected state officials. The | 2003 |
department may fulfill its obligation under this division by | 2004 |
exercising its authority under division (A)(2) of section 124.81 | 2005 |
of the Revised Code. | 2006 |
(B) The department may, in addition, in consultation with the | 2007 |
superintendent of insurance, negotiate and contract with health | 2008 |
insuring corporations holding a certificate of authority under | 2009 |
Chapter 1751. of the Revised Code, in their approved service areas | 2010 |
only, for issuance of a contract or contracts of health care | 2011 |
services, covering state employees who are paid directly by | 2012 |
warrant of the director of budget and management, including | 2013 |
elected state officials. The department may enter into contracts | 2014 |
with one or more insurance carriers or health plans to provide the | 2015 |
same plan of benefits, provided that: | 2016 |
(1) The amount of the premium or cost for such coverage | 2017 |
contributed by the state, for an individual or for an individual | 2018 |
and the individual's family, does not exceed that same amount of | 2019 |
the premium or cost contributed by the state under division (A) of | 2020 |
this section; | 2021 |
(2) The employee be permitted to exercise the option as to | 2022 |
which plan the employee will select under division (A) or (B) of | 2023 |
this section, at a time that shall be determined by the | 2024 |
department; | 2025 |
(3) The health insuring corporations do not refuse to accept | 2026 |
the employee, or the employee and the employee's family, if the | 2027 |
employee exercises the option to select care provided by the | 2028 |
corporations; | 2029 |
(4) The employee may choose participation in only one of the | 2030 |
plans sponsored by the department; | 2031 |
(5) The director of health examines and certifies to the | 2032 |
department that the quality and adequacy of care rendered by the | 2033 |
health insuring corporations meet at least the standards of care | 2034 |
provided by hospitals and physicians in that employee's community, | 2035 |
who would be providing such care as would be covered by a contract | 2036 |
awarded under division (A) of this section. | 2037 |
(C) | 2038 |
all or any portion of the cost, premium, or charge for the | 2039 |
coverage in divisions (A) and (B) of this section may be paid in | 2040 |
such manner or combination of manners as the department determines | 2041 |
and may include the proration of health care costs, premiums, or | 2042 |
charges for part-time employees. | 2043 |
(D) Notwithstanding division (A) of this section, the | 2044 |
department may provide benefits equivalent to those that may be | 2045 |
paid under a policy or contract issued by an insurance company or | 2046 |
a health plan pursuant to division (A) of this section. | 2047 |
(E) This section does not prohibit the state office of | 2048 |
collective bargaining from entering into an agreement with an | 2049 |
employee representative for the purposes of providing fringe | 2050 |
benefits, including, | 2051 |
2052 | |
2053 | |
group life insurance, sickness and accident insurance, group legal | 2054 |
services or other benefits, or any combination of those benefits, | 2055 |
to employees paid directly by warrant of the director of budget | 2056 |
and management through a jointly administered trust fund. The | 2057 |
employer's contribution for the cost of the benefit care shall be | 2058 |
mutually agreed to in the collectively bargained agreement. The | 2059 |
amount, type, and structure of fringe benefits provided under this | 2060 |
division is subject to the determination of the board of trustees | 2061 |
of the jointly administered trust fund. Any health care benefits | 2062 |
provided through the fund shall be the same as those health care | 2063 |
benefits provided under a contract entered into under division (A) | 2064 |
of section 124.81 of the Revised Code. The director of | 2065 |
administrative services shall make any contract entered into under | 2066 |
that division that provides health care benefits available to the | 2067 |
board of trustees of the jointly administered trust fund. | 2068 |
Notwithstanding any other provision of the Revised Code, | 2069 |
competitive bidding does not apply to the purchase of fringe | 2070 |
benefits for employees under this division when those benefits are | 2071 |
provided through a jointly administered trust fund. | 2072 |
(F) Members of state boards or commissions may be covered by | 2073 |
any policy, contract, or plan of benefits or services described in | 2074 |
division (A) or (B) of this section. Board or commission members | 2075 |
who are appointed for a fixed term and who are compensated on a | 2076 |
per meeting basis, or paid only for expenses, or receive a | 2077 |
combination of per diem payments and expenses shall pay the entire | 2078 |
amount of the premiums, costs, or charges for that coverage. | 2079 |
(G) The health care benefits provided to a management level | 2080 |
employee, as defined in section 4117.01 of the Revised Code, under | 2081 |
a contract entered into under this section shall be the same as | 2082 |
any health care benefits provided to other employees of the same | 2083 |
public employer. | 2084 |
(H) A state employee who receives insurance under this | 2085 |
section shall pay at least fifteen per cent of the cost of the | 2086 |
premium assessed for any insurance policy issued pursuant to this | 2087 |
section that covers health, medical, hospital, or surgical | 2088 |
benefits. | 2089 |
Sec. 145.47. (A) Each public employee who is a contributor | 2090 |
to the public employees retirement system shall contribute eight | 2091 |
per cent of the contributor's earnable salary to the employees' | 2092 |
savings fund, except that the public employees retirement board | 2093 |
may raise the contribution rate to a rate not greater than ten per | 2094 |
cent of the employee's earnable salary. | 2095 |
The contributions required under this section shall not be | 2096 |
paid by an employer on an employee's behalf, but may be treated as | 2097 |
employer contributions for purposes of state and federal income | 2098 |
tax deferred income provisions. | 2099 |
(B) The head of each state department, institution, board, | 2100 |
and commission, and the fiscal officer of each local authority | 2101 |
subject to this chapter, shall deduct from the earnable salary of | 2102 |
each contributor on every payroll of such contributor for each | 2103 |
payroll period subsequent to the date of coverage, an amount equal | 2104 |
to the applicable per cent of the contributor's earnable salary. | 2105 |
The head of each state department and the fiscal officer of each | 2106 |
local authority subject to this chapter shall transmit promptly to | 2107 |
the system a report of contributions at such intervals and in such | 2108 |
form as the system shall require, showing thereon all deductions | 2109 |
for the system made from the earnable salary of each contributor | 2110 |
employed, together with warrants, checks, or electronic payments | 2111 |
covering the total of such deductions. A penalty shall be added | 2112 |
when such report, together with warrants, checks, or electronic | 2113 |
payments to cover the total amount due from the earnable salary of | 2114 |
all amenable employees of such employer, is filed thirty or more | 2115 |
days after the last day of such reporting period. The system, | 2116 |
after making a record of all receipts under this division, shall | 2117 |
deposit the receipts with the treasurer of state for use as | 2118 |
provided by this chapter. | 2119 |
(C) Unless the board adopts a rule under division (D) of this | 2120 |
section, the penalty described in division (B) of this section for | 2121 |
failing to timely transmit a report, pay the total amount due, or | 2122 |
both is as follows: | 2123 |
(1) At least one but not more than ten days past due, an | 2124 |
amount equal to one per cent of the total amount due; | 2125 |
(2) At least eleven but not more than thirty days past due, | 2126 |
an amount equal to two and one-half per cent of the total amount | 2127 |
due; | 2128 |
(3) Thirty-one or more days past due, an amount equal to five | 2129 |
per cent of the total amount due. | 2130 |
The penalty described in this division shall be added to and | 2131 |
collected on the next succeeding regular employer billing. | 2132 |
Interest at a rate set by the retirement board shall be charged on | 2133 |
the amount of the penalty in case such penalty is not paid within | 2134 |
thirty days after it is added to the regular employer billing. | 2135 |
(D) The board may adopt rules to establish penalties in | 2136 |
amounts that do not exceed the amounts specified in divisions | 2137 |
(C)(1) to (3) of this section. | 2138 |
(E) In addition to the periodical reports of deduction | 2139 |
required by this section, the fiscal officer of each local | 2140 |
authority subject to this chapter shall submit to the system at | 2141 |
least once each year a complete listing of all noncontributing | 2142 |
appointive employees. Where an employer fails to transmit | 2143 |
contributions to the system, the system may make a determination | 2144 |
of the employees' liability for contributions and certify to the | 2145 |
employer the amounts due for collection in the same manner as | 2146 |
payments due the employers' accumulation fund. Any amounts so | 2147 |
collected shall be held in trust pending receipt of a report of | 2148 |
contributions for such public employees for the period involved as | 2149 |
provided by law and, thereafter, the amount in trust shall be | 2150 |
transferred to the employees' savings fund to the credit of the | 2151 |
employees. Any amount remaining after the transfer to the | 2152 |
employees' savings fund shall be transferred to the employers' | 2153 |
accumulation fund as a credit of such employer. | 2154 |
(F) The fiscal officer of each local authority subject to | 2155 |
this chapter shall require each new contributor to submit to the | 2156 |
system a detailed report of all the contributor's previous service | 2157 |
as a public employee along with such other facts as the board | 2158 |
requires for the proper operation of the system. | 2159 |
(G) Any member who, because of the member's own illness, | 2160 |
injury, or other reason which may be approved by the member's | 2161 |
employer is prevented from making the member's contribution to the | 2162 |
system for any payroll period, may pay such deductions as a back | 2163 |
payment within one year. | 2164 |
Sec. 306.04. (A) Except as otherwise provided in division | 2165 |
(B) of this section, employees of a county transit board or a | 2166 |
board of county commissioners operating a transit system are | 2167 |
employees of the county. If the system is operated by the board of | 2168 |
county commissioners, the board shall appoint an executive | 2169 |
director, who shall be in the unclassified service. | 2170 |
(B) Any county transit board that established its own civil | 2171 |
service organization and procedure prior to | 2172 |
2173 | |
that organization. Appointments and promotions in that system | 2174 |
shall be made, as far as practicable, by competitive examination. | 2175 |
A board that established its own civil service organization | 2176 |
prior to | 2177 |
shall establish by rule the seniority provisions relating to | 2178 |
street railway and motor bus employees in effect at the time of | 2179 |
the acquisition of the transit system by the county. When a | 2180 |
reduction in force is necessary, the board shall not use an | 2181 |
employee's length of service as the only factor to determine | 2182 |
whether to lay off the employee. The vacation, holiday, and sick | 2183 |
leave privileges shall not be regulated by other provisions of law | 2184 |
relating to public employees of the state or county, except that | 2185 |
the transit board, its officers and employees, shall be subject to | 2186 |
the public employees retirement system of the state and the | 2187 |
transit board shall assume any pension obligations which have been | 2188 |
assumed by any publicly owned transit system which the county may | 2189 |
acquire. | 2190 |
(C) A county transit board or board of county commissioners | 2191 |
operating a transit system may: | 2192 |
(1) Acquire in its name by gift, grant, purchase, or | 2193 |
condemnation and hold and operate real estate and interests | 2194 |
therein and personal property suitable for its purposes; | 2195 |
(2) In its name purchase, acquire, construct, enlarge, | 2196 |
improve, equip, repair, maintain, sell, exchange, lease as lessee | 2197 |
or lessor, receive a right of use of, and manage, control, and | 2198 |
operate, in or out of the county, a county transit system | 2199 |
consisting of all real estate and interests therein, personal | 2200 |
property, and a combination thereof, for or related to the | 2201 |
movement of persons including but not limited to street railway, | 2202 |
tramline, subways, rapid transits, monorails, and passenger bus | 2203 |
systems but excluding therefrom trucks, the movement of property | 2204 |
by truck, and facilities designed for use in the movement of | 2205 |
property by truck for hire; | 2206 |
(3) Issue, with the approval of the county commissioners when | 2207 |
the issuance is made by the transit board, revenue bonds of the | 2208 |
county as provided in division (B) of section 306.09 of the | 2209 |
Revised Code, to secure funds to accomplish its purposes. The | 2210 |
principal of and interest on such bonds, together with all other | 2211 |
payments required to be made by the trust agreement or indenture | 2212 |
securing such bonds, shall be paid solely from revenues or other | 2213 |
income accruing to the board from facilities of the county transit | 2214 |
system designated in said agreement or indenture. | 2215 |
(4) Enter into contracts in the exercise of the rights, | 2216 |
powers, and duties conferred upon it, and execute all instruments | 2217 |
necessary in the conduct of its business; | 2218 |
(5) Fix, alter, and charge rates and other charges for the | 2219 |
use of its real estate and interests therein, personal property, | 2220 |
and combinations thereof; | 2221 |
(6) Employ such financial consultants, accountants, | 2222 |
appraisers, consulting engineers, architects, construction | 2223 |
experts, attorneys-at-law, managers and other supervisory | 2224 |
personnel, and other officers, employees, and agents as it | 2225 |
determines necessary to conduct its business, and fix their | 2226 |
compensation and duties; | 2227 |
(7) Pledge, hypothecate, or otherwise encumber its revenues | 2228 |
and other income as security for its obligations and enter into | 2229 |
trust agreements or indentures for the benefit of revenue | 2230 |
bondholders; | 2231 |
(8) Borrow money or accept or contract to accept advances, | 2232 |
loans, gifts, grants, devises, or bequests from and enter into | 2233 |
contracts or agreements with any federal, state, or other | 2234 |
governmental or private source and hold and apply advances, loans, | 2235 |
gifts, grants, devises, or bequests according to the terms thereof | 2236 |
including provisions which are required by such federal, state, or | 2237 |
other governmental or private source to protect the interest of | 2238 |
employees affected by such advances, loans, gifts, grants, | 2239 |
devises, or bequests. Such advances, loans, gifts, grants, or | 2240 |
devises may be subject to any reasonable reservation and any gift, | 2241 |
grant, or devise or real estate may be in fee simple or any lesser | 2242 |
estate. Any advances or loans received from any federal, state, or | 2243 |
other governmental or private source may be repaid in accordance | 2244 |
with the terms of such advance or loan. | 2245 |
(9) Conduct investigations and surveys into the needs of the | 2246 |
public within or without the county for transportation services to | 2247 |
provide for the movement of persons within, into, or from the area | 2248 |
serviced or to be serviced by the county transit system; | 2249 |
(10) Enter into lawful arrangements with the appropriate | 2250 |
federal or state department or agency, county, township, municipal | 2251 |
corporation, or other political subdivision or public agency for | 2252 |
the planning and installation of any public facilities which are | 2253 |
determined necessary in the conduct of its business; | 2254 |
(11) Purchase fire, extended coverage, and liability | 2255 |
insurance for the real estate and interests therein, personal | 2256 |
property and any combination thereof, used by or in connection | 2257 |
with the county transit system and insurance covering the board | 2258 |
and the county transit system and its officers and employees for | 2259 |
liability for damage or injury to persons or property; | 2260 |
(12) Procure and pay all or any part of the cost of group | 2261 |
hospitalization, surgical, major medical, or sickness and accident | 2262 |
insurance, or a combination thereof, for the officers and | 2263 |
employees of the county transit system and their immediate | 2264 |
dependents, issued by an insurance company, duly authorized to do | 2265 |
business in this state; | 2266 |
(13) Sell, lease, release, or otherwise dispose of real | 2267 |
estate or interests therein or personal property owned by it and | 2268 |
grant such easements across its real estate and interests therein | 2269 |
as will not interfere with its use by the county transit system; | 2270 |
(14) Establish rules for the use and operation of the county | 2271 |
transit system including the real estate or interests therein, | 2272 |
personal property or a combination of the foregoing used by or in | 2273 |
connection with such system; | 2274 |
(15) Exercise the power of eminent domain to appropriate any | 2275 |
real estate or interests therein, personal property, franchises, | 2276 |
or any combination thereof, within or without the county, | 2277 |
necessary or proper in the exercise of its powers provided in | 2278 |
sections 306.01 to 306.13 of the Revised Code, as provided in | 2279 |
sections 163.01 to 163.22 of the Revised Code, and subject to | 2280 |
divisions (15)(a), (b), and (c) of this section, provided that a | 2281 |
county transit board or a board of county commissioners operating | 2282 |
a transit system shall not proceed to so appropriate real property | 2283 |
outside its territorial boundaries, until it has served at the | 2284 |
office of the county commissioners of the county in which it is | 2285 |
proposed to appropriate real property, a notice describing the | 2286 |
real property to be taken and the purpose for which it is proposed | 2287 |
to be taken, and such county commissioners have entered on their | 2288 |
journal within thirty days after such service a resolution | 2289 |
approving such appropriation; | 2290 |
(a) Nothing contained in this division authorizes a county | 2291 |
transit board or a board of county commissioners to appropriate | 2292 |
any land, rights, rights-of-way, franchises, or easements | 2293 |
belonging to the state or to a municipal corporation without the | 2294 |
consent of the state or of the municipal corporation, and no | 2295 |
county transit board or board of county commissioners shall | 2296 |
exercise the right of eminent domain to acquire any certificate of | 2297 |
public convenience and necessity, or any part thereof, issued to a | 2298 |
motor transportation company by the public utilities commission of | 2299 |
Ohio or by the interstate commerce commission of the United | 2300 |
States, or to take or disturb other real estate or interests | 2301 |
therein, personal property, or any combination thereof belonging | 2302 |
to any municipal corporation without the consent of the | 2303 |
legislative authority of such municipal corporation, or take or | 2304 |
disturb real estate or interests therein, personal property, or | 2305 |
any combination thereof belonging to any other political | 2306 |
subdivision, public corporation, public utility, or common | 2307 |
carrier, which is necessary and convenient in the operation of | 2308 |
such political subdivision, public corporation, public utility, or | 2309 |
common carrier unless provision is made for the restoration, | 2310 |
relocation, or duplication of that taken or upon the election of | 2311 |
such political subdivision, public corporation, public utility, or | 2312 |
common carrier for the payment of compensation, if any, at the | 2313 |
sole cost of the county transit system. | 2314 |
(b) If any restoration or duplication proposed to be made | 2315 |
under this division involves a relocation, the new location shall | 2316 |
have at least comparable utilitarian value and effectiveness, and | 2317 |
such relocation shall not impair the ability of the public utility | 2318 |
or common carrier to compete in its original area of operation. | 2319 |
(c) If such restoration or duplication proposed to be made | 2320 |
under this division involves a relocation, the county transit | 2321 |
board or board of county commissioners shall acquire no interest | 2322 |
or right in or to the appropriated property or facility until the | 2323 |
relocated property or facility is available for use and until | 2324 |
marketable title thereto has been transferred to the political | 2325 |
subdivision, public corporation, public utility, or common | 2326 |
carrier. Nothing in this division shall require any board of | 2327 |
county commissioners or county transit board operating a county | 2328 |
transit system to so restore, relocate, or duplicate, if all of | 2329 |
the real estate and interests therein, personal property, and any | 2330 |
combination of the foregoing which is owned by a public utility or | 2331 |
common carrier and used by it or in connection with the movement | 2332 |
of persons, is acquired by exercise of the power of eminent | 2333 |
domain. | 2334 |
(16) When real property is acquired that is located outside | 2335 |
the county and is removed from the tax duplicate, the county | 2336 |
transit board or board of county commissioners operating a transit | 2337 |
system shall pay annually to the county treasurer of the county in | 2338 |
which that property is located, commencing with the first tax year | 2339 |
in which that property is removed from the tax duplicate, an | 2340 |
amount of money in lieu of taxes equal to the smaller of the | 2341 |
following: | 2342 |
(a) The last annual installment of taxes due from the | 2343 |
acquired property before removal from the tax duplicate; | 2344 |
(b) An amount equal to the difference between the combined | 2345 |
revenue from real estate taxes of all the taxing districts in | 2346 |
which the property is located in the tax year immediately prior to | 2347 |
the removal of the acquired property from the tax duplicate, and | 2348 |
either: | 2349 |
(i) The total revenue which would be produced by the tax rate | 2350 |
of each such taxing district in the tax year immediately prior to | 2351 |
the removal of the acquired property from the tax duplicate, | 2352 |
applied to the real estate tax duplicate of each of such taxing | 2353 |
districts in each tax year subsequent to the year of removal; or | 2354 |
(ii) The combined revenue from real estate taxes of all such | 2355 |
taxing districts in each tax year subsequent to the year of | 2356 |
removal, whichever is the greater. | 2357 |
The county transit board or board of county commissioners may | 2358 |
be exempted from such payment by agreement of the affected taxing | 2359 |
district or districts in the county in which the property is | 2360 |
located. | 2361 |
The county auditor of the county in which that property is | 2362 |
located shall apportion each such annual payment to each taxing | 2363 |
district as if the annual payment had been levied and collected as | 2364 |
a tax. | 2365 |
Those annual payments shall never again be made after they | 2366 |
have ceased. | 2367 |
(17) Sue or be sued, plead or be impleaded, and be held | 2368 |
liable in any court of proper jurisdiction for damages received by | 2369 |
reason of negligence, in the same manner and to the same extent as | 2370 |
if the county transit system were privately operated, provided, | 2371 |
that no funds of a county other than those of the county transit | 2372 |
board or, if the transit system is operated by the board of county | 2373 |
commissioners, other than those in the account for the county | 2374 |
transit system created under division (C) of section 306.01 of the | 2375 |
Revised Code, shall be available for the satisfaction of judgments | 2376 |
rendered against that system; | 2377 |
(18) Annually prepare and make available for public | 2378 |
inspection a report in condensed form showing the financial | 2379 |
results of the operation of the county transit system. For systems | 2380 |
operated by a county transit board, copies of this report shall be | 2381 |
furnished to the county commissioners as well as a monthly summary | 2382 |
statement of revenues and expenses for the preceding month | 2383 |
sufficient to show the exact financial condition of the county | 2384 |
transit system as of the last day of the preceding month. | 2385 |
(19) With the approval of the county commissioners when the | 2386 |
action is taken by the transit board, and without competitive | 2387 |
bidding, sell, lease, or grant the right of use of all or a | 2388 |
portion of the county transit system to any other political | 2389 |
subdivision, taxing district, or other public body or agency | 2390 |
having the power to operate a transit system; | 2391 |
(20) Enter into and supervise franchise agreements for the | 2392 |
operation of a county transit system; | 2393 |
(21) Accept the assignment of and then supervise an existing | 2394 |
franchise agreement for the operation of a county transit system. | 2395 |
Sec. 307.054. (A) The board of trustees of a joint emergency | 2396 |
medical services district shall employ an executive director, who | 2397 |
shall be in the unclassified service, and fix | 2398 |
director's compensation. In addition to that compensation, the | 2399 |
director shall be reimbursed for actual and necessary expenses | 2400 |
incurred in the performance of | 2401 |
official duties. The board may enter into an employment contract | 2402 |
with the executive director for a period not to exceed three | 2403 |
years. In the absence of contrary contractual provisions, the | 2404 |
board may remove the director by a majority vote of the full | 2405 |
membership, but only after holding a hearing on the matter if the | 2406 |
director requests such a hearing. | 2407 |
Except as otherwise provided in this division, the board | 2408 |
shall prescribe the director's duties and may authorize the | 2409 |
director to act on its behalf in the performance of its | 2410 |
administrative duties. In addition to those duties prescribed by | 2411 |
the board, the director shall do all the following: | 2412 |
(1) Subject to the board's approval for each contract, | 2413 |
execute contracts on the board's behalf; | 2414 |
(2) Supervise all services provided or contracted for and all | 2415 |
facilities operated or contracted for, and ensure that emergency | 2416 |
medical services are being lawfully administered in conformity | 2417 |
with the Revised Code and the resolution creating the district; | 2418 |
(3) Recommend changes to the board that may increase the | 2419 |
effectiveness of emergency medical services within the district; | 2420 |
(4) Employ persons for all positions authorized by the board | 2421 |
and approve all personnel actions that affect classified | 2422 |
employees; | 2423 |
(5) Approve compensation for employees within the limits set | 2424 |
by the salary schedule and budget established by the board; | 2425 |
(6) Prepare an annual report of the services provided by the | 2426 |
district, including a fiscal accounting, for the board to approve. | 2427 |
(B) Except as otherwise provided in this section, employees | 2428 |
of the district shall be treated the same as county employees for | 2429 |
the purposes of Chapter 124. of the Revised Code and any other | 2430 |
provisions of state law applicable to county employees. Instead of | 2431 |
or in addition to appointing employees of the district, the board | 2432 |
of trustees may contract with one or more of the participating | 2433 |
counties for county employees to serve the district and for the | 2434 |
district to share in their compensation in any manner that may be | 2435 |
agreed upon in the joint resolution creating the district. | 2436 |
(C) For purposes of division (A)(5) of this section, the | 2437 |
board, when establishing a salary schedule, shall require merit to | 2438 |
be the only basis, and the executive director shall use merit as | 2439 |
the only basis, for an employee's progression through the | 2440 |
schedule. | 2441 |
Sec. 339.06. (A) The board of county hospital trustees, upon | 2442 |
completion of construction or leasing and equipping of a county | 2443 |
hospital, shall assume and continue the operation of the hospital. | 2444 |
(B) The board of county hospital trustees shall have the | 2445 |
entire management and control of the county hospital. The board | 2446 |
shall establish such rules for the hospital's government and the | 2447 |
admission of persons as are expedient. | 2448 |
(C) The board of county hospital trustees has control of the | 2449 |
property of the county hospital, including management and disposal | 2450 |
of surplus property other than real estate or an interest in real | 2451 |
estate. | 2452 |
(D) With respect to the use of funds by the board of county | 2453 |
hospital trustees and its accounting for the use of funds, all of | 2454 |
the following apply: | 2455 |
(1) The board of county hospital trustees has control of all | 2456 |
funds used in the county hospital's operation, including moneys | 2457 |
received from the operation of the hospital, moneys appropriated | 2458 |
for its operation by the board of county commissioners, and moneys | 2459 |
resulting from special levies submitted by the board of county | 2460 |
commissioners as provided for in section 5705.22 of the Revised | 2461 |
Code. | 2462 |
(2) Of the funds used in the county hospital's operation, all | 2463 |
or part of any amount determined not to be necessary to meet | 2464 |
current demands on the hospital may be invested by the board of | 2465 |
county hospital trustees or its designee in any classifications of | 2466 |
securities and obligations eligible for deposit or investment of | 2467 |
county moneys pursuant to section 135.35 of the Revised Code, | 2468 |
subject to the approval of the board's written investment policy | 2469 |
by the county investment advisory committee established pursuant | 2470 |
to section 135.341 of the Revised Code. | 2471 |
(3) Annually, not later than sixty days before the end of the | 2472 |
fiscal year used by the county hospital, the board of county | 2473 |
hospital trustees shall submit its proposed budget for the ensuing | 2474 |
fiscal year to the board of county commissioners for that board's | 2475 |
review. The board of county commissioners shall review and approve | 2476 |
the proposed budget by the first day of the fiscal year to which | 2477 |
the budget applies. If the board of county commissioners has not | 2478 |
approved the budget by the first day of the fiscal year to which | 2479 |
the budget applies, the budget is deemed to have been approved by | 2480 |
the board on the first day of that fiscal year. | 2481 |
(4) The board of county hospital trustees shall not expend | 2482 |
funds received from taxes collected pursuant to any tax levied | 2483 |
under section 5705.22 of the Revised Code or the amount | 2484 |
appropriated to the county hospital by the board of county | 2485 |
commissioners in the annual appropriation measure for the county | 2486 |
until its budget for the applicable fiscal year is approved in | 2487 |
accordance with division (C)(3) of this section. At any time the | 2488 |
amount received from those sources differs from the amount shown | 2489 |
in the approved budget, the board of county commissioners may | 2490 |
require the board of county hospital trustees to revise the county | 2491 |
hospital budget accordingly. | 2492 |
(5) Funds under the control of the board of county hospital | 2493 |
trustees may be disbursed by the board, consistent with the | 2494 |
approved budget, for the uses and purposes of the county hospital; | 2495 |
for the replacement of necessary equipment; for the acquisition, | 2496 |
leasing, or construction of permanent improvements to county | 2497 |
hospital property; or for making a donation authorized by division | 2498 |
(E) of this section. Each disbursement of funds shall be made on a | 2499 |
voucher signed by signatories designated and approved by the board | 2500 |
of county hospital trustees. | 2501 |
(6) The head of a board of county hospital trustees is not | 2502 |
required to file an estimate of contemplated revenue and | 2503 |
expenditures for the ensuing fiscal year under section 5705.28 of | 2504 |
the Revised Code unless the board of county commissioners levies a | 2505 |
tax for the county hospital, or such a tax is proposed, or the | 2506 |
board of county hospital trustees desires that the board of county | 2507 |
commissioners make an appropriation to the county hospital for the | 2508 |
ensuing fiscal year. | 2509 |
(7) All moneys appropriated by the board of county | 2510 |
commissioners or from special levies by the board of county | 2511 |
commissioners for the operation of the hospital, when collected | 2512 |
shall be paid to the board of county hospital trustees on a | 2513 |
warrant of the county auditor and approved by the board of county | 2514 |
commissioners. | 2515 |
(8) The board of county hospital trustees shall provide for | 2516 |
the conduct of an annual financial audit of the county hospital. | 2517 |
Not later than thirty days after it receives the final report of | 2518 |
an annual financial audit, the board shall file a copy of the | 2519 |
report with the board of county commissioners. | 2520 |
(E) For the public purpose of improving the health, safety, | 2521 |
and general welfare of the community, the board of county hospital | 2522 |
trustees may donate to a nonprofit entity any of the following: | 2523 |
(1) Moneys and other financial assets determined not to be | 2524 |
necessary to meet current demands on the hospital; | 2525 |
(2) Surplus hospital property, including supplies, equipment, | 2526 |
office facilities, and other property that is not real estate or | 2527 |
an interest in real estate; | 2528 |
(3) Services rendered by the hospital. | 2529 |
(F)(1) For purposes of division (F)(2) of this section: | 2530 |
(a) "Bank" has the same meaning as in section 1101.01 of the | 2531 |
Revised Code. | 2532 |
(b) "Savings and loan association" has the same meaning as in | 2533 |
section 1151.01 of the Revised Code. | 2534 |
(c) "Savings bank" has the same meaning as in section 1161.01 | 2535 |
of the Revised Code. | 2536 |
(2) The board of county hospital trustees may enter into a | 2537 |
contract for a secured line of credit with a bank, savings and | 2538 |
loan association, or savings bank if the contract meets all of the | 2539 |
following requirements: | 2540 |
(a) The term of the contract does not exceed one year, except | 2541 |
that the contract may provide for the automatic renewal of the | 2542 |
contract for up to four additional one-year periods if, on the | 2543 |
date of automatic renewal, the aggregate outstanding draws | 2544 |
remaining unpaid under the secured line of credit do not exceed | 2545 |
fifty per cent of the maximum amount that can be drawn under the | 2546 |
secured line of credit. | 2547 |
(b) The contract provides that the bank, savings and loan | 2548 |
association, or savings bank shall not commence a civil action | 2549 |
against the board of county commissioners, any member of the | 2550 |
board, or the county to recover the principal, interest, or any | 2551 |
charges or other amounts that remain outstanding on the secured | 2552 |
line of credit at the time of any default by the board of county | 2553 |
hospital trustees. | 2554 |
(c) The contract provides that no assets other than those of | 2555 |
the county hospital can be used to secure the line of credit. | 2556 |
(d) The terms and conditions of the contract comply with all | 2557 |
state and federal statutes and rules governing the extension of a | 2558 |
secured line of credit. | 2559 |
(3) Any obligation incurred by a board of county hospital | 2560 |
trustees under division (F)(2) of this section is an obligation of | 2561 |
that board only and not a general obligation of the board of | 2562 |
county commissioners or the county within the meaning of division | 2563 |
(Q) of section 133.01 of the Revised Code. | 2564 |
(4) Notwithstanding anything to the contrary in the Revised | 2565 |
Code, the board of county hospital trustees may secure the line of | 2566 |
credit authorized under division (F)(2) of this section by the | 2567 |
grant of a security interest in any part or all of its tangible | 2568 |
personal property and intangible personal property, including its | 2569 |
deposit accounts, accounts receivable, or both. | 2570 |
(5) No board of county hospital trustees shall at any time | 2571 |
have more than one secured line of credit under division (F)(2) of | 2572 |
this section. | 2573 |
(G) The board of county hospital trustees shall establish a | 2574 |
schedule of charges for all services and treatment rendered by the | 2575 |
county hospital. It may provide for the free treatment in the | 2576 |
hospital of soldiers, sailors, and marines of the county, under | 2577 |
such conditions and rules as it prescribes. | 2578 |
(H) The board of county hospital trustees may designate the | 2579 |
amounts and forms of insurance protection to be provided, and the | 2580 |
board of county commissioners shall assist in obtaining such | 2581 |
protection. The expense of providing the protection shall be paid | 2582 |
from hospital operating funds. | 2583 |
(I) The board of county hospital trustees may authorize a | 2584 |
county hospital and each of its units, hospital board members, | 2585 |
designated hospital employees, and medical staff members to be a | 2586 |
member of and maintain membership in any local, state, or national | 2587 |
group or association organized and operated for the promotion of | 2588 |
the public health and welfare or advancement of the efficiency of | 2589 |
hospital administration and in connection therewith to use tax | 2590 |
funds for the payment of dues and fees and related expenses but | 2591 |
nothing in this section prohibits the board from using receipts | 2592 |
from hospital operation, other than tax funds, for the payment of | 2593 |
such dues and fees. | 2594 |
(J) The following apply to the board of county hospital | 2595 |
trustees in relation to its employees and the employees of the | 2596 |
county hospital: | 2597 |
(1) The board shall adopt the wage and salary schedule for | 2598 |
employees. | 2599 |
(2) The board may employ the hospital's administrator | 2600 |
pursuant to section 339.07 of the Revised Code, and the | 2601 |
administrator may employ individuals for the hospital in | 2602 |
accordance with that section. | 2603 |
(3) The board may employ assistants as necessary to perform | 2604 |
its clerical work, superintend properly the construction of the | 2605 |
county hospital, and pay the hospital's expenses. Such employees | 2606 |
may be paid from funds provided for the county hospital. | 2607 |
(4) The board may hire, by contract or as salaried employees, | 2608 |
such management consultants, accountants, attorneys, engineers, | 2609 |
architects, construction managers, and other professional advisors | 2610 |
as it determines are necessary and desirable to assist in the | 2611 |
management of the programs and operation of the county hospital. | 2612 |
Such professional advisors may be paid from county hospital | 2613 |
operating funds. | 2614 |
(5) Notwithstanding section 325.19 of the Revised Code, the | 2615 |
board may grant to employees any fringe benefits the board | 2616 |
determines to be customary and usual in the nonprofit hospital | 2617 |
field in its community, including, but not limited to: | 2618 |
(a) Additional vacation leave with full pay for full-time | 2619 |
employees, including full-time hourly rate employees, after | 2620 |
service of one year; | 2621 |
(b) Vacation leave and holiday pay for part-time employees on | 2622 |
a pro rata basis; | 2623 |
(c) Leave with full pay due to death in the employee's | 2624 |
immediate family, which shall not be deducted from the employee's | 2625 |
accumulated sick leave; | 2626 |
(d) Premium pay for working on holidays listed in section | 2627 |
325.19 of the Revised Code; | 2628 |
(e) Moving expenses for new employees; | 2629 |
(f) Discounts on hospital supplies and services. | 2630 |
(6) The board may provide holiday leave by observing Martin | 2631 |
Luther King day, Washington-Lincoln day, Columbus day, and | 2632 |
Veterans' day on days other than those specified in section 1.14 | 2633 |
of the Revised Code. | 2634 |
(7) The board may grant to employees the insurance benefits | 2635 |
authorized by section 339.16 of the Revised Code. | 2636 |
(8) Notwithstanding section 325.19 of the Revised Code, the | 2637 |
board may grant to employees, including hourly rate employees, | 2638 |
such personal holidays as the board determines to be customary and | 2639 |
usual in the hospital field in its community. | 2640 |
(9) The board may provide employee recognition awards and | 2641 |
hold employee recognition dinners. | 2642 |
(10) The board may grant to employees the recruitment and | 2643 |
retention benefits specified under division | 2644 |
section. | 2645 |
(K) For purposes of division (J)(1) of this section, the | 2646 |
board of county hospital trustees, when establishing a wage and | 2647 |
salary schedule, shall require merit to be the only basis for an | 2648 |
employee's progression through the schedule. | 2649 |
(L) Notwithstanding sections 325.191 and 325.20 of the | 2650 |
Revised Code, the board of county hospital trustees may provide, | 2651 |
without the prior authorization of the board of county | 2652 |
commissioners, scholarships for education in the health care | 2653 |
professions, tuition reimbursement, and other staff development | 2654 |
programs to enhance the skills of health care professionals for | 2655 |
the purpose of recruiting or retaining qualified employees. | 2656 |
The board of county hospital trustees may pay reasonable | 2657 |
expenses for recruiting or retaining physicians and other | 2658 |
appropriate health care practitioners. | 2659 |
| 2660 |
counsel and institute legal action in its own name for the | 2661 |
collection of delinquent accounts. The board may also employ any | 2662 |
other lawful means for the collection of delinquent accounts. | 2663 |
Sec. 339.07. (A) The board of county hospital trustees shall | 2664 |
provide for the administration of the county hospital by directly | 2665 |
employing a hospital administrator or by entering into a contract | 2666 |
for the management of the hospital under which an administrator is | 2667 |
provided. When an administrator is employed directly, the board | 2668 |
shall adopt a job description delineating the administrator's | 2669 |
powers and duties and the board may pay the administrator's salary | 2670 |
and other benefits from funds provided for the hospital. | 2671 |
(B) During the construction and equipping of the hospital, | 2672 |
the administrator shall act in an advisory capacity to the board | 2673 |
of county hospital trustees. After the hospital is completed, the | 2674 |
administrator shall serve as the chief executive officer and shall | 2675 |
carry out the administration of the county hospital according to | 2676 |
the policies set forth by the board. | 2677 |
The administrator shall administer the county hospital, make | 2678 |
reports, and take any other action that the administrator | 2679 |
determines is necessary for the operation of the hospital. | 2680 |
At the end of each fiscal year, the administrator shall | 2681 |
submit to the board a complete financial statement showing the | 2682 |
receipts, revenues, and expenditures in detail for the entire | 2683 |
fiscal year. | 2684 |
The administrator shall ensure that the hospital has such | 2685 |
physicians, nurses, and other employees as are necessary for the | 2686 |
proper care, control, and management of the county hospital and | 2687 |
its patients. The physicians, nurses, and other employees may be | 2688 |
suspended or removed by the administrator at any time the welfare | 2689 |
of the hospital warrants suspension or removal. The administrator | 2690 |
may obtain physicians, nurses, and other employees by direct | 2691 |
employment, entering into contracts, or granting authority to | 2692 |
practice in the hospital. Persons employed directly shall be in | 2693 |
the unclassified civil service, pursuant to section 124.11 of the | 2694 |
Revised Code. If the board delegates to the administrator the | 2695 |
authority to fix employee compensation in accordance with the wage | 2696 |
and salary schedule established by the board under section 339.06 | 2697 |
of the Revised Code, the administrator shall use merit as the only | 2698 |
basis for an employee's progression through that schedule. | 2699 |
Sec. 340.04. (A) In addition to such other duties as may be | 2700 |
lawfully imposed, the executive director of a board of alcohol, | 2701 |
drug addiction, and mental health services shall: | 2702 |
| 2703 |
the prior approval of the board for each contract, execute | 2704 |
contracts on its behalf; | 2705 |
| 2706 |
contracted, or supported by the board to the extent of determining | 2707 |
that programs are being administered in conformity with this | 2708 |
chapter and rules of the director of mental health and the | 2709 |
department of alcohol and drug addiction services; | 2710 |
| 2711 |
individuals providing services supported by the board; | 2712 |
| 2713 |
increase the effectiveness of mental health services and alcohol | 2714 |
and drug addiction services and other matters necessary or | 2715 |
desirable to carry out this chapter; | 2716 |
| 2717 |
consultants in the classified civil service and, subject to the | 2718 |
approval of the board, employ and remove from office such other | 2719 |
employees and consultants as may be necessary for the work of the | 2720 |
board, and fix their compensation and reimbursement within the | 2721 |
limits set by the salary schedule and the budget approved by the | 2722 |
board; | 2723 |
| 2724 |
treatment, rehabilitative, and consultative programs in the field | 2725 |
of mental health with emphasis on continuity of care; | 2726 |
| 2727 |
programs under the jurisdiction of the board, including a fiscal | 2728 |
accounting of all services; | 2729 |
| 2730 |
practicable for the promotion of mental health and the prevention | 2731 |
of mental illness, emotional disorders, and addiction to alcohol | 2732 |
and drugs; | 2733 |
| 2734 |
district the county auditor designated as the auditor for the | 2735 |
district, to issue warrants for the payment of board obligations | 2736 |
approved by the board, provided that all payments are in | 2737 |
accordance with the comprehensive community mental health plan, as | 2738 |
approved by the department of mental health, or with the alcohol | 2739 |
and drug addiction services plan as approved by the department of | 2740 |
alcohol and drug addiction services. | 2741 |
(B) For purposes of division (A)(5) of this section, a board | 2742 |
of alcohol, drug addiction, and mental health services, when | 2743 |
establishing a salary schedule, shall require merit to be the only | 2744 |
basis, and the executive director shall use merit as the only | 2745 |
basis, for an employee's progression through the schedule. | 2746 |
Sec. 505.38. (A) In each township or fire district that has | 2747 |
a fire department, the head of the department shall be a fire | 2748 |
chief, appointed by the board of township trustees, except that, | 2749 |
in a joint fire district, the fire chief shall be appointed by the | 2750 |
board of fire district trustees. Neither this section nor any | 2751 |
other section of the Revised Code requires, or shall be construed | 2752 |
to require, that the fire chief be a resident of the township or | 2753 |
fire district. | 2754 |
The board shall provide for the employment of firefighters as | 2755 |
it considers best and shall fix their compensation. No person | 2756 |
shall be appointed as a permanent full-time paid member, whose | 2757 |
duties include fire fighting, of the fire department of any | 2758 |
township or fire district unless that person has received a | 2759 |
certificate issued under former section 3303.07 or section 4765.55 | 2760 |
of the Revised Code evidencing satisfactory completion of a | 2761 |
firefighter training program. Those appointees shall continue in | 2762 |
office until removed from office as provided by sections 733.35 to | 2763 |
733.39 of the Revised Code. To initiate removal proceedings, and | 2764 |
for that purpose, the board shall designate the fire chief or a | 2765 |
private citizen to investigate the conduct and prepare the | 2766 |
necessary charges in conformity with those sections. | 2767 |
In case of the removal of a fire chief or any member of the | 2768 |
fire department of a township or fire district, an appeal may be | 2769 |
had from the decision of the board to the court of common pleas of | 2770 |
the county in which the township or fire district fire department | 2771 |
is situated to determine the sufficiency of the cause of removal. | 2772 |
The appeal from the findings of the board shall be taken within | 2773 |
ten days. | 2774 |
No person who is appointed as a volunteer firefighter of the | 2775 |
fire department of any township or fire district shall remain in | 2776 |
that position unless either of the following applies: | 2777 |
(1) Within one year of the appointment, the person has | 2778 |
received a certificate issued under former section 3303.07 of the | 2779 |
Revised Code or section 4765.55 of the Revised Code evidencing | 2780 |
satisfactory completion of a firefighter training program. | 2781 |
(2) The person began serving as a permanent full-time paid | 2782 |
firefighter with the fire department of a city or village prior to | 2783 |
July 2, 1970, or as a volunteer firefighter with the fire | 2784 |
department of a city, village, or other township or fire district | 2785 |
prior to July 2, 1979, and receives a certificate issued under | 2786 |
division (C)(3) of section 4765.55 of the Revised Code. | 2787 |
No person shall receive an appointment under this section, in | 2788 |
the case of a volunteer firefighter, unless the person has, not | 2789 |
more than sixty days prior to receiving the appointment, passed a | 2790 |
physical examination, given by a licensed physician, a physician | 2791 |
assistant, a clinical nurse specialist, a certified nurse | 2792 |
practitioner, or a certified nurse-midwife, showing that the | 2793 |
person meets the physical requirements necessary to perform the | 2794 |
duties of the position to which the person is appointed as | 2795 |
established by the board of township trustees having jurisdiction | 2796 |
over the appointment. The appointing authority, prior to making an | 2797 |
appointment, shall file with the Ohio police and fire pension fund | 2798 |
or the local volunteer fire fighters' dependents fund board a copy | 2799 |
of the report or findings of that licensed physician, physician | 2800 |
assistant, clinical nurse specialist, certified nurse | 2801 |
practitioner, or certified nurse-midwife. The professional fee for | 2802 |
the physical examination shall be paid for by the board of | 2803 |
township trustees. | 2804 |
(B) In each township not having a fire department, the board | 2805 |
of township trustees shall appoint a fire prevention officer who | 2806 |
shall exercise all of the duties of a fire chief except those | 2807 |
involving the maintenance and operation of fire apparatus. The | 2808 |
board may appoint one or more deputy fire prevention officers who | 2809 |
shall exercise the duties assigned by the fire prevention officer. | 2810 |
The board may fix the compensation for the fire prevention | 2811 |
officer and the fire prevention officer's deputies as it considers | 2812 |
best. The board shall appoint each fire prevention officer and | 2813 |
deputy for a one-year term. An appointee may be reappointed at the | 2814 |
end of a term to another one-year term. Any appointee may be | 2815 |
removed from office during a term as provided by sections 733.35 | 2816 |
to 733.39 of the Revised Code. Section 505.45 of the Revised Code | 2817 |
extends to those officers. | 2818 |
(C)(1) Division (A) of this section does not apply to any | 2819 |
township that has a population of ten thousand or more persons | 2820 |
residing within the township and outside of any municipal | 2821 |
corporation, that has its own fire department employing ten or | 2822 |
more full-time paid employees, and that has a civil service | 2823 |
commission established under division (B) of section 124.40 of the | 2824 |
Revised Code. The township shall comply with the procedures for | 2825 |
the employment, promotion, and discharge of firefighters provided | 2826 |
by Chapter 124. of the Revised Code, except as otherwise provided | 2827 |
in divisions (C)(2) and (3) of this section. | 2828 |
(2) The board of township trustees of the township may | 2829 |
appoint the fire chief, and any person so appointed shall be in | 2830 |
the unclassified service under section 124.11 of the Revised Code | 2831 |
and shall serve at the pleasure of the board. Neither this section | 2832 |
nor any other section of the Revised Code requires, or shall be | 2833 |
construed to require, that the fire chief be a resident of the | 2834 |
township. A person who is appointed fire chief under these | 2835 |
conditions and who is removed by the board or resigns from the | 2836 |
position is entitled to return to the classified service in the | 2837 |
township fire department in the position held just prior to the | 2838 |
appointment as fire chief. | 2839 |
(3) The appointing authority of an urban township, as defined | 2840 |
in section 504.01 of the Revised Code, may appoint to a vacant | 2841 |
position any one of the three highest scorers on the eligible list | 2842 |
for a promotional examination. | 2843 |
(4) The board of township trustees shall determine the number | 2844 |
of personnel required and establish salary schedules and | 2845 |
conditions of employment not in conflict with Chapter 124. of the | 2846 |
Revised Code. The board, when establishing a salary schedule, | 2847 |
shall require merit to be the only basis for an employee's | 2848 |
progression through the schedule. | 2849 |
(5) No person shall receive an original appointment as a | 2850 |
permanent full-time paid member of the fire department of the | 2851 |
township described in this division unless the person has received | 2852 |
a certificate issued under former section 3303.07 or section | 2853 |
4765.55 of the Revised Code evidencing the satisfactory completion | 2854 |
of a firefighter training program. | 2855 |
(6) Persons employed as firefighters in the township | 2856 |
described in this division on the date a civil service commission | 2857 |
is appointed pursuant to division (B) of section 124.40 of the | 2858 |
Revised Code, without being required to pass a competitive | 2859 |
examination or a firefighter training program, shall retain their | 2860 |
employment and any rank previously granted them by action of the | 2861 |
board of township trustees or otherwise, but those persons are | 2862 |
eligible for promotion only by compliance with Chapter 124. of the | 2863 |
Revised Code. | 2864 |
Sec. 505.49. (A) As used in this section, "felony" has the | 2865 |
same meaning as in section 109.511 of the Revised Code. | 2866 |
(B)(1) The township trustees by a two-thirds vote of the | 2867 |
board may adopt rules necessary for the operation of the township | 2868 |
police district, including a determination of the qualifications | 2869 |
of the chief of police, patrol officers, and others to serve as | 2870 |
members of the district police force. | 2871 |
(2) Except as otherwise provided in division (E) of this | 2872 |
section and subject to division (D) of this section, the township | 2873 |
trustees by a two-thirds vote of the board shall appoint a chief | 2874 |
of police for the district, determine the number of patrol | 2875 |
officers and other personnel required by the district, and | 2876 |
establish salary schedules and other conditions of employment for | 2877 |
the employees of the township police district. The township | 2878 |
trustees, when establishing a salary schedule under this division, | 2879 |
shall require merit to be the only basis for an employee's | 2880 |
progression through the schedule. The chief of police of the | 2881 |
district shall serve at the pleasure of the township trustees and | 2882 |
shall appoint patrol officers and other personnel that the | 2883 |
district may require, subject to division (D) of this section and | 2884 |
to the rules and limits as to qualifications, salary ranges, and | 2885 |
numbers of personnel established by the board of township | 2886 |
trustees. The chief of police shall use merit as the only basis | 2887 |
for a patrol officer's or other personnel's progression through | 2888 |
the salary schedule established by the township trustees. The | 2889 |
township trustees may include in the township police district and | 2890 |
under the direction and control of the chief of police any | 2891 |
constable appointed pursuant to section 509.01 of the Revised | 2892 |
Code, or may designate the chief of police or any patrol officer | 2893 |
appointed by the chief of police as a constable, as provided for | 2894 |
in section 509.01 of the Revised Code, for the township police | 2895 |
district. | 2896 |
(3) Except as provided in division (D) of this section, a | 2897 |
patrol officer, other police district employee, or police | 2898 |
constable, who has been awarded a certificate attesting to the | 2899 |
satisfactory completion of an approved state, county, or municipal | 2900 |
police basic training program, as required by section 109.77 of | 2901 |
the Revised Code, may be removed or suspended only under the | 2902 |
conditions and by the procedures in sections 505.491 to 505.495 of | 2903 |
the Revised Code. Any other patrol officer, police district | 2904 |
employee, or police constable shall serve at the pleasure of the | 2905 |
township trustees. In case of removal or suspension of an | 2906 |
appointee by the board of township trustees, that appointee may | 2907 |
appeal the decision of the board to the court of common pleas of | 2908 |
the county in which the district is situated to determine the | 2909 |
sufficiency of the cause of removal or suspension. The appointee | 2910 |
shall take the appeal within ten days of written notice to the | 2911 |
appointee of the decision of the board. | 2912 |
(C)(1) Division (B) of this section does not apply to a | 2913 |
township that has a population of ten thousand or more persons | 2914 |
residing within the township and outside of any municipal | 2915 |
corporation, that has its own police department employing ten or | 2916 |
more full-time paid employees, and that has a civil service | 2917 |
commission established under division (B) of section 124.40 of the | 2918 |
Revised Code. The township shall comply with the procedures for | 2919 |
the employment, promotion, and discharge of police personnel | 2920 |
provided by Chapter 124. of the Revised Code, except as otherwise | 2921 |
provided in divisions (C)(2) and (3) of this section. | 2922 |
(2) The board of township trustees of the township may | 2923 |
appoint the chief of police, and a person so appointed shall be in | 2924 |
the unclassified service under section 124.11 of the Revised Code | 2925 |
and shall serve at the pleasure of the board. A person appointed | 2926 |
chief of police under these conditions who is removed by the board | 2927 |
or who resigns from the position shall be entitled to return to | 2928 |
the classified service in the township police department, in the | 2929 |
position that person held previous to the person's appointment as | 2930 |
chief of police. | 2931 |
(3) The appointing authority of an urban township, as defined | 2932 |
in section 504.01 of the Revised Code, may appoint to a vacant | 2933 |
position any one of the three highest scorers on the eligible list | 2934 |
for a promotional examination. | 2935 |
(4) The board of township trustees shall determine the number | 2936 |
of personnel required and establish salary schedules and | 2937 |
conditions of employment not in conflict with Chapter 124. of the | 2938 |
Revised Code. The board, when establishing a salary schedule under | 2939 |
this division, shall require and use merit as the only basis for | 2940 |
an employee's progression through the schedule. | 2941 |
(5) Persons employed as police personnel in a township | 2942 |
described in this division on the date a civil service commission | 2943 |
is appointed pursuant to division (B) of section 124.40 of the | 2944 |
Revised Code, without being required to pass a competitive | 2945 |
examination or a police training program, shall retain their | 2946 |
employment and any rank previously granted them by action of the | 2947 |
township trustees or otherwise, but those persons are eligible for | 2948 |
promotion only by compliance with Chapter 124. of the Revised | 2949 |
Code. | 2950 |
(6) This division does not apply to constables appointed | 2951 |
pursuant to section 509.01 of the Revised Code. This division is | 2952 |
subject to division (D) of this section. | 2953 |
(D)(1) The board of township trustees shall not appoint or | 2954 |
employ a person as a chief of police, and the chief of police | 2955 |
shall not appoint or employ a person as a patrol officer or other | 2956 |
peace officer of a township police district or a township police | 2957 |
department, on a permanent basis, on a temporary basis, for a | 2958 |
probationary term, or on other than a permanent basis if the | 2959 |
person previously has been convicted of or has pleaded guilty to a | 2960 |
felony. | 2961 |
(2)(a) The board of township trustees shall terminate the | 2962 |
appointment or employment of a chief of police, patrol officer, or | 2963 |
other peace officer of a township police district or township | 2964 |
police department who does either of the following: | 2965 |
(i) Pleads guilty to a felony; | 2966 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 2967 |
plea agreement as provided in division (D) of section 2929.43 of | 2968 |
the Revised Code in which the chief of police, patrol officer, or | 2969 |
other peace officer of a township police district or township | 2970 |
police department agrees to surrender the certificate awarded to | 2971 |
that chief of police, patrol officer, or other peace officer under | 2972 |
section 109.77 of the Revised Code. | 2973 |
(b) The board shall suspend the appointment or employment of | 2974 |
a chief of police, patrol officer, or other peace officer of a | 2975 |
township police district or township police department who is | 2976 |
convicted, after trial, of a felony. If the chief of police, | 2977 |
patrol officer, or other peace officer of a township police | 2978 |
district or township police department files an appeal from that | 2979 |
conviction and the conviction is upheld by the highest court to | 2980 |
which the appeal is taken or if no timely appeal is filed, the | 2981 |
board shall terminate the appointment or employment of that chief | 2982 |
of police, patrol officer, or other peace officer. If the chief of | 2983 |
police, patrol officer, or other peace officer of a township | 2984 |
police district or township police department files an appeal that | 2985 |
results in that chief of police's, patrol officer's, or other | 2986 |
peace officer's acquittal of the felony or conviction of a | 2987 |
misdemeanor, or in the dismissal of the felony charge against the | 2988 |
chief of police, patrol officer, or other peace officer, the board | 2989 |
shall reinstate that chief of police, patrol officer, or other | 2990 |
peace officer. A chief of police, patrol officer, or other peace | 2991 |
officer of a township police district or township police | 2992 |
department who is reinstated under division (D)(2)(b) of this | 2993 |
section shall not receive any back pay unless the conviction of | 2994 |
that chief of police, patrol officer, or other peace officer of | 2995 |
the felony was reversed on appeal, or the felony charge was | 2996 |
dismissed, because the court found insufficient evidence to | 2997 |
convict the chief of police, patrol officer, or other peace | 2998 |
officer of the felony. | 2999 |
(3) Division (D) of this section does not apply regarding an | 3000 |
offense that was committed prior to January 1, 1997. | 3001 |
(4) The suspension or termination of the appointment or | 3002 |
employment of a chief of police, patrol officer, or other peace | 3003 |
officer under division (D)(2) of this section shall be in | 3004 |
accordance with Chapter 119. of the Revised Code. | 3005 |
(E) The board of township trustees may enter into a contract | 3006 |
under section 505.43 or 505.50 of the Revised Code to obtain all | 3007 |
police protection for the township police district from one or | 3008 |
more municipal corporations, county sheriffs, or other townships. | 3009 |
If the board enters into such a contract, subject to division (D) | 3010 |
of this section, it may, but is not required to, appoint a police | 3011 |
chief for the district. | 3012 |
(F) The members of the police force of a township police | 3013 |
district of a township that adopts the limited self-government | 3014 |
form of township government shall serve as peace officers for the | 3015 |
township territory included in the district. | 3016 |
(G) A chief of police or patrol officer of a township police | 3017 |
district, or of a township police department, may participate, as | 3018 |
the director of an organized crime task force established under | 3019 |
section 177.02 of the Revised Code or as a member of the | 3020 |
investigatory staff of that task force, in an investigation of | 3021 |
organized criminal activity in any county or counties in this | 3022 |
state under sections 177.01 to 177.03 of the Revised Code. | 3023 |
Sec. 505.60. (A) | 3024 |
the Revised Code, and as provided in this section and section | 3025 |
505.601 of the Revised Code, the board of township trustees of any | 3026 |
township may procure and pay all or any part of the cost of | 3027 |
insurance policies that may provide benefits for hospitalization, | 3028 |
surgical care, major medical care, disability, dental care, eye | 3029 |
care, medical care, hearing aids, prescription drugs, or sickness | 3030 |
and accident insurance, or a combination of any of the foregoing | 3031 |
types of insurance for township officers and employees. The board | 3032 |
of township trustees of any township may negotiate and contract | 3033 |
for the purchase of a policy of long-term care insurance for | 3034 |
township officers and employees pursuant to section 124.841 of the | 3035 |
Revised Code. | 3036 |
If the board procures any insurance policies under this | 3037 |
section, the board shall provide uniform coverage under these | 3038 |
policies for township officers and full-time township employees | 3039 |
and their immediate dependents, and may provide coverage under | 3040 |
these policies for part-time township employees and their | 3041 |
immediate dependents, from the funds or budgets from which the | 3042 |
officers or employees are compensated for services, such policies | 3043 |
to be issued by an insurance company duly authorized to do | 3044 |
business in this state. | 3045 |
(B) The board may also provide coverage for any or all of the | 3046 |
benefits described in division (A) of this section by entering | 3047 |
into a contract for group health care services with health | 3048 |
insuring corporations holding certificates of authority under | 3049 |
Chapter 1751. of the Revised Code for township officers and | 3050 |
employees and their immediate dependents. If the board so | 3051 |
contracts, it shall provide uniform coverage under any such | 3052 |
contracts for township officers and full-time township employees | 3053 |
and their immediate dependents, from the funds or budgets from | 3054 |
which the officers or employees are compensated for services, and | 3055 |
may provide coverage under such contracts for part-time township | 3056 |
employees and their immediate dependents, from the funds or | 3057 |
budgets from which the officers or employees are compensated for | 3058 |
services, provided that each officer and employee so covered is | 3059 |
permitted to: | 3060 |
(1) Choose between a plan offered by an insurance company and | 3061 |
a plan offered by a health insuring corporation, and provided | 3062 |
further that the officer or employee pays any amount by which the | 3063 |
cost of the plan chosen exceeds the cost of the plan offered by | 3064 |
the board under this section; | 3065 |
(2) Change the choice made under this division at a time each | 3066 |
year as determined in advance by the board. | 3067 |
An addition of a class or change of definition of coverage to | 3068 |
the plan offered under this division by the board may be made at | 3069 |
any time that it is determined by the board to be in the best | 3070 |
interest of the township. If the total cost to the township of the | 3071 |
revised plan for any trustee's coverage does not exceed that cost | 3072 |
under the plan in effect during the prior policy year, the | 3073 |
revision of the plan does not cause an increase in that trustee's | 3074 |
compensation. | 3075 |
(C) Any township officer or employee may refuse to accept any | 3076 |
coverage authorized by this section without affecting the | 3077 |
availability of such coverage to other township officers and | 3078 |
employees. | 3079 |
(D) If any township officer or employee is denied coverage | 3080 |
under a health care plan procured under this section or if any | 3081 |
township officer or employee elects not to participate in the | 3082 |
township's health care plan, the township may reimburse the | 3083 |
officer or employee for each out-of-pocket premium attributable to | 3084 |
the coverage provided for the officer or employee for insurance | 3085 |
benefits described in division (A) of this section that the | 3086 |
officer or employee otherwise obtains, but not to exceed an amount | 3087 |
equal to the average premium paid by the township for its officers | 3088 |
and employees under any health care plan it procures under this | 3089 |
section. | 3090 |
(E) The board may provide the benefits authorized under this | 3091 |
section, without competitive bidding, by contributing to a health | 3092 |
and welfare trust fund administered through or in conjunction with | 3093 |
a collective bargaining representative of the township employees | 3094 |
in the same manner as described in division (G) of section 124.81 | 3095 |
of the Revised Code. | 3096 |
The board may also provide the benefits described in this | 3097 |
section through an individual self-insurance program or a joint | 3098 |
self-insurance program as provided in section 9.833 of the Revised | 3099 |
Code. | 3100 |
(F) If a board of township trustees fails to pay one or more | 3101 |
premiums for a policy, contract, or plan of insurance or health | 3102 |
care services authorized under this section and the failure causes | 3103 |
a lapse, cancellation, or other termination of coverage under the | 3104 |
policy, contract, or plan, it may reimburse a township officer or | 3105 |
employee for, or pay on behalf of the officer or employee, any | 3106 |
expenses incurred that would have been covered under the policy, | 3107 |
contract, or plan. | 3108 |
(G) As used in this section and section 505.601 of the | 3109 |
Revised Code: | 3110 |
(1) "Part-time township employee" means a township employee | 3111 |
who is hired with the expectation that the employee will work not | 3112 |
more than one thousand five hundred hours in any year. | 3113 |
(2) "Premium" does not include any deductible or health care | 3114 |
costs paid directly by a township officer or employee. | 3115 |
Sec. 709.012. When a municipal corporation annexes township | 3116 |
territory which results in a reduction of the firefighting force | 3117 |
of the township or joint township fire district, | 3118 |
3119 | |
seniority | 3120 |
3121 | |
dismissals. The annexing municipal corporation shall offer | 3122 |
employment | 3123 |
3124 | |
fire department and if they: | 3125 |
(A) Were full-time paid active members of the township or | 3126 |
joint township firefighting force for at least six months prior to | 3127 |
dismissal and have made application to the municipal corporation | 3128 |
within sixty days after the effective date of dismissal; | 3129 |
(B) Have passed a physical examination as prescribed by the | 3130 |
physician of the annexing municipal corporation and meet the | 3131 |
requirements necessary to perform firefighting duties; | 3132 |
(C) Meet minimum standards of the municipal corporation with | 3133 |
respect to moral character, literacy, and ability to understand | 3134 |
oral and written instructions as determined by an interview | 3135 |
conducted by the fire department of the municipal corporation. The | 3136 |
applicant shall be at least twenty-one years of age on the date of | 3137 |
application. | 3138 |
(D) Are able to qualify for membership in the Ohio police and | 3139 |
fire pension fund. | 3140 |
A physical examination required by division (B) of this | 3141 |
section may be conducted by any individual authorized by the | 3142 |
Revised Code to conduct physical examinations, including a | 3143 |
physician assistant, a clinical nurse specialist, a certified | 3144 |
nurse practitioner, or a certified nurse-midwife. Any written | 3145 |
documentation of the physical examination shall be completed by | 3146 |
the individual who administered the examination. | 3147 |
If no vacancy exists in the municipal fire department at the | 3148 |
time of the application referred to in division (A) of this | 3149 |
section, the application shall be held until a vacancy occurs. | 3150 |
When such a vacancy occurs, the applicant shall be entitled to | 3151 |
employment in accordance with the requirements of divisions (A), | 3152 |
(B), (C), and (D) of this section. So long as any application for | 3153 |
employment has been made and is being held under this section, the | 3154 |
municipal corporation shall not fill any vacancy in its fire | 3155 |
department by original appointment. If there are individuals who | 3156 |
are entitled to reinstatement in the municipal fire department and | 3157 |
the vacancies therein are insufficient to permit both such | 3158 |
reinstatements and employment of all those applying for employment | 3159 |
under division (A) of this section, the persons having the | 3160 |
greatest length of service, whether with the municipal or township | 3161 |
fire department, shall be entitled to fill the vacancies as they | 3162 |
occur. | 3163 |
A person employed under this section, upon acceptance into | 3164 |
the municipal fire department, shall be given the rank of | 3165 |
"firefighter" and entitled to full seniority credit for prior | 3166 |
service in the township or joint township fire district. The | 3167 |
person shall be entitled to the same salary, future benefits, | 3168 |
vacations, earned time, sick leave, and other rights and | 3169 |
privileges as the municipal fire department extends to other | 3170 |
employees with the same amount of prior service. The person may | 3171 |
take promotional examinations only after completion of one year of | 3172 |
service with the municipal fire department and after meeting any | 3173 |
applicable civil service requirements for such examination. | 3174 |
Compliance with this section is in lieu of compliance with | 3175 |
section 124.42 of the Revised Code or any other requirements for | 3176 |
original appointment to a municipal fire district. | 3177 |
Sec. 742.31. Each employee shall contribute an amount equal | 3178 |
to ten per cent of the employee's salary to the Ohio police and | 3179 |
fire pension fund. | 3180 |
section shall not be paid by an employer on an employee's behalf, | 3181 |
but may be treated as employer contributions for purposes of state | 3182 |
and federal income tax deferred income provisions. | 3183 |
The amount shall be deducted by the employer from the | 3184 |
employee's salary as defined in division (L) of section 742.01 of | 3185 |
the Revised Code for each payroll period, irrespective of whether | 3186 |
the minimum compensation provided by law for the employee is | 3187 |
reduced thereby. Every employee shall be deemed to consent to the | 3188 |
deductions, and payment to the employee less the deductions is a | 3189 |
complete discharge and acquittance of all claims and demands for | 3190 |
the services rendered by the employee during the period covered by | 3191 |
such payment. | 3192 |
Sec. 749.082. (A) The following apply to the board of | 3193 |
hospital commissioners in relation to its employees and the | 3194 |
employees of a hospital erected under sections 749.02 to 749.14 of | 3195 |
the Revised Code, subject to the ordinances of the legislative | 3196 |
authority of the municipal corporation: | 3197 |
(1) The board may adopt the wage and salary schedule for | 3198 |
employees. If the board establishes a salary schedule, the board | 3199 |
shall require merit to be the only basis for an employee's | 3200 |
progression through the schedule. | 3201 |
(2) The board may employ the hospital's administrator | 3202 |
pursuant to section 749.083 of the Revised Code, and the | 3203 |
administrator may employ individuals for the hospital in | 3204 |
accordance with that section. | 3205 |
(3) The board may employ assistants as necessary to perform | 3206 |
its clerical work, superintend properly the construction of the | 3207 |
hospital, and pay the hospital's expenses. The employees may be | 3208 |
paid from funds provided for the hospital. | 3209 |
(4) The board may enter into a contract with an employer or | 3210 |
other entity whereby the services of any employee of the board or | 3211 |
hospital are rendered to or on behalf of the employer or other | 3212 |
entity for a fee paid to the board or hospital. | 3213 |
(5) The board may grant to employees any fringe benefits the | 3214 |
board determines to be customary and usual in the nonprofit | 3215 |
hospital field in the community, including the following: | 3216 |
(a) Additional vacation leave with full pay for full-time | 3217 |
employees, including hourly rate employees, after service of one | 3218 |
year; | 3219 |
(b) Vacation leave and holiday pay for part-time employees on | 3220 |
a pro rata basis; | 3221 |
(c) Leave with full pay, which shall not be deducted from the | 3222 |
employee's accumulated sick leave, due to death in the employee's | 3223 |
immediate family; | 3224 |
(d) Moving expenses for new employees; | 3225 |
(e) Premium pay for working on holidays observed by other | 3226 |
municipal agencies; | 3227 |
(f) Discounts on purchases from the hospital pharmacy. | 3228 |
(6) The board may provide holiday leave by observing Martin | 3229 |
Luther King day, Washington-Lincoln day, Columbus day, and | 3230 |
Veterans' day on days other than those specified in section 1.14 | 3231 |
of the Revised Code. | 3232 |
(7) The board may grant to employees the insurance benefits | 3233 |
authorized by division (B) of this section. | 3234 |
(8) The board may provide employee recognition awards and may | 3235 |
hold employee recognition dinners. | 3236 |
(9) The board may provide scholarships for education in the | 3237 |
health care professions, tuition reimbursement, and other staff | 3238 |
development programs for the purpose of recruiting or retaining | 3239 |
qualified employees. | 3240 |
(10) The board may pay reasonable expenses for recruiting | 3241 |
physicians into the city or for retaining them if all or part of | 3242 |
the city has been designated as an area with a shortage of | 3243 |
personal health services under the "Health Maintenance | 3244 |
Organization Act of 1973," 87 Stat. 914, 42 U.S.C. 300e, as | 3245 |
amended. | 3246 |
(B)(1) The board of hospital commissioners may contract for, | 3247 |
purchase, or otherwise procure on behalf of any or all of its | 3248 |
employees, the employees of the hospital, or such employees and | 3249 |
their immediate dependents the following types of fringe benefits: | 3250 |
(a) Group or individual insurance contracts which may include | 3251 |
life, sickness, accident, disability, annuities, endowment, | 3252 |
health, medical expense, hospital, dental, surgical and related | 3253 |
coverage or any combination thereof; | 3254 |
(b) Group or individual contracts with health insuring | 3255 |
corporations or other providers of professional services, care, or | 3256 |
benefits duly authorized to do business in this state. | 3257 |
(2) The board of hospital commissioners may contract for, | 3258 |
purchase, or otherwise procure insurance contracts which provide | 3259 |
protection for the commissioners, the board's employees, and the | 3260 |
employees of the hospital against liability, including | 3261 |
professional liability, provided that this section or any | 3262 |
insurance contract issued pursuant to this section shall not be | 3263 |
construed as a waiver of or in any manner affect the immunity of | 3264 |
the hospital or municipal corporation. | 3265 |
(3) All or any portion of the cost, premium, fees, or charges | 3266 |
for the insurance benefits specified in divisions (B)(1) and (2) | 3267 |
of this section may be paid in such manner or combination of | 3268 |
manners as the board may determine, including direct payment by an | 3269 |
employee, and, if authorized in writing by an employee, by the | 3270 |
board with moneys made available by deduction from or reduction in | 3271 |
salary or wages or by the foregoing of a salary or wage increase. | 3272 |
Notwithstanding sections 3917.01 and 3917.06 of the Revised | 3273 |
Code, the board may purchase group life insurance authorized by | 3274 |
this section by reason of payment of premiums therefor by the | 3275 |
board from its funds, and such group life insurance may be issued | 3276 |
and purchased if otherwise consistent with sections 3917.01 to | 3277 |
3917.06 of the Revised Code. | 3278 |
(C) The board with the approval of the legislative authority | 3279 |
may retain counsel to bring actions for the collection of | 3280 |
delinquent accounts. | 3281 |
Sec. 749.083. (A) The board of hospital commissioners shall | 3282 |
provide for the administration of the hospital by directly | 3283 |
employing a hospital administrator or by entering into a contract | 3284 |
for the management of the hospital under which an administrator is | 3285 |
provided. When an administrator is employed directly, the board | 3286 |
shall adopt a job description delineating the administrator's | 3287 |
powers and duties and the board may pay the administrator's salary | 3288 |
and other benefits from funds provided for the hospital. | 3289 |
(B) During the construction and equipping of the hospital, | 3290 |
the administrator shall act in an advisory capacity to the board. | 3291 |
After the hospital is completed, the administrator shall serve as | 3292 |
the chief executive officer and shall carry out the administration | 3293 |
of the hospital according to the policies set forth by the board. | 3294 |
The administrator shall administer the hospital, make | 3295 |
reports, and take any other action that the administrator | 3296 |
determines is necessary for the operation of the hospital. | 3297 |
At the end of each fiscal year, the administrator shall | 3298 |
submit to the board a complete financial statement showing the | 3299 |
receipts, revenues, and expenditures in detail for the entire | 3300 |
fiscal year. | 3301 |
The administrator shall ensure that the hospital has such | 3302 |
physicians, nurses, and other employees as are necessary for the | 3303 |
proper care, control, and management of the hospital and its | 3304 |
patients. The physicians, nurses, and other employees may be | 3305 |
suspended or removed by the administrator at any time the welfare | 3306 |
of the hospital warrants suspension or removal. The administrator | 3307 |
may obtain physicians, nurses, and other employees by direct | 3308 |
employment, entering into contracts, or granting authority to | 3309 |
practice in the hospital. If the board delegates to the | 3310 |
administrator the authority to fix employee compensation in | 3311 |
accordance with the wage and salary schedule established by the | 3312 |
board under section 749.082 of the Revised Code, the administrator | 3313 |
shall use merit as the only basis for an employee's progression | 3314 |
through that schedule. | 3315 |
Sec. 927.69. To effect the purpose of sections 927.51 to | 3316 |
927.73 of the Revised Code, the director of agriculture or the | 3317 |
director's authorized representative may: | 3318 |
(A) Make reasonable inspection of any premises in this state | 3319 |
and any property therein or thereon; | 3320 |
(B) Stop and inspect in a reasonable manner, any means of | 3321 |
conveyance moving within this state upon probable cause to believe | 3322 |
it contains or carries any pest, host, commodity, or other article | 3323 |
that is subject to sections 927.51 to 927.72 of the Revised Code; | 3324 |
(C) Conduct inspections of agricultural products that are | 3325 |
required by other states, the United States department of | 3326 |
agriculture, other federal agencies, or foreign countries to | 3327 |
determine whether the products are infested. If, upon making such | 3328 |
an inspection, the director or the director's authorized | 3329 |
representative determines that an agricultural product is not | 3330 |
infested, the director or the director's authorized representative | 3331 |
may issue a certificate, as required by other states, the United | 3332 |
States department of agriculture, other federal agencies, or | 3333 |
foreign countries, indicating that the product is not infested. | 3334 |
If the director charges fees for any of the certificates, | 3335 |
agreements, or inspections specified in this section, the fees | 3336 |
shall be as follows: | 3337 |
(1) Phyto sanitary certificates, twenty-five dollars for | 3338 |
those collectors or dealers that are licensed under section 927.53 | 3339 |
of the Revised Code; | 3340 |
(2) Phyto sanitary certificates, one hundred dollars for all | 3341 |
others; | 3342 |
(3) Compliance agreements, forty dollars; | 3343 |
(4) Agricultural products and their conveyances inspections, | 3344 |
an hourly amount set by the director equal to the highest hourly | 3345 |
rate of pay | 3346 |
benefits, of a plant pest control specialist multiplied by the | 3347 |
number of hours worked by such a specialist in conducting an | 3348 |
inspection. | 3349 |
The director may adopt rules under section 927.52 of the | 3350 |
Revised Code that define the certificates, agreements, and | 3351 |
inspections. | 3352 |
The fees shall be credited to the plant pest program fund | 3353 |
created in section 927.54 of the Revised Code. | 3354 |
Sec. 1545.071. | 3355 |
the Revised Code, the board of park commissioners of any park | 3356 |
district may procure and pay all or any part of the cost of group | 3357 |
insurance policies that may provide benefits for hospitalization, | 3358 |
surgical care, major medical care, disability, dental care, eye | 3359 |
care, medical care, hearing aids, or prescription drugs, or | 3360 |
sickness and accident insurance or a combination of any of the | 3361 |
foregoing types of insurance or coverage for park district | 3362 |
officers and employees and their immediate dependents issued by an | 3363 |
insurance company duly authorized to do business in this state. | 3364 |
The board may procure and pay all or any part of the cost of | 3365 |
group life insurance to insure the lives of park district | 3366 |
employees. | 3367 |
The board also may contract for group health care services | 3368 |
with health insuring corporations holding a certificate of | 3369 |
authority under Chapter 1751. of the Revised Code provided that | 3370 |
each officer or employee is permitted to: | 3371 |
(A) Choose between a plan offered by an insurance company and | 3372 |
a plan offered by a health insuring corporation and provided | 3373 |
further that the officer or employee pays any amount by which the | 3374 |
cost of the plan chosen by the officer or employee exceeds the | 3375 |
cost of the plan offered by the board under this section; | 3376 |
(B) Change the choice made under division (A) of this section | 3377 |
at a time each year as determined in advance by the board. | 3378 |
Any appointed member of the board of park commissioners and | 3379 |
the spouse and dependent children of the member may be covered, at | 3380 |
the option and expense of the member, as a noncompensated employee | 3381 |
of the park district under any benefit plan described in division | 3382 |
(A) of this section. The member shall pay to the park district the | 3383 |
amount certified to it by the benefit provider as the provider's | 3384 |
charge for the coverage the member has chosen under division (A) | 3385 |
of this section. Payments for coverage shall be made, in advance, | 3386 |
in a manner prescribed by the board. The member's exercise of an | 3387 |
option to be covered under this section shall be in writing, | 3388 |
announced at a regular public meeting of the board, and recorded | 3389 |
as a public record in the minutes of the board. | 3390 |
The board may provide the benefits authorized in this section | 3391 |
by contributing to a health and welfare trust fund administered | 3392 |
through or in conjunction with a collective bargaining | 3393 |
representative of the park district employees in the same manner | 3394 |
as described in division (G) of section 124.81 of the Revised | 3395 |
Code. | 3396 |
The board may provide the benefits described in this section | 3397 |
through an individual self-insurance program or a joint | 3398 |
self-insurance program as provided in section 9.833 of the Revised | 3399 |
Code. | 3400 |
Sec. 3306.01. This chapter shall be administered by the | 3401 |
state board of education. The superintendent of public instruction | 3402 |
shall calculate the amounts payable to each school district and | 3403 |
shall certify the amounts payable to each eligible district to the | 3404 |
treasurer of the district as determined under this chapter. As | 3405 |
soon as possible after such amounts are calculated, the | 3406 |
superintendent shall certify to the treasurer of each school | 3407 |
district the district's adjusted charge-off increase, as defined | 3408 |
in section 5705.211 of the Revised Code. No moneys shall be | 3409 |
distributed pursuant to this chapter without the approval of the | 3410 |
controlling board. | 3411 |
The state board of education shall, in accordance with | 3412 |
appropriations made by the general assembly, meet the financial | 3413 |
obligations of this chapter. | 3414 |
Annually, the department of education shall calculate and | 3415 |
report to each school district the district's adequacy amount | 3416 |
utilizing the calculations in sections 3306.03 and 3306.13 of the | 3417 |
Revised Code. The department shall calculate and report separately | 3418 |
for each school district the district's total state and local | 3419 |
funds for its students with disabilities, utilizing the | 3420 |
calculations in sections 3306.05, 3306.11, and 3306.13 of the | 3421 |
Revised Code. The department shall calculate and report separately | 3422 |
for each school district the amount of funding calculated for each | 3423 |
factor of the district's adequacy amount. | 3424 |
Not later than the thirty-first day of August of each fiscal | 3425 |
year, the department of education shall provide to each school | 3426 |
district a preliminary estimate of the amount of funding that the | 3427 |
department calculates the district will receive under section | 3428 |
3306.13 of the Revised Code. Not later than the first day of | 3429 |
December of each fiscal year, the department shall update that | 3430 |
preliminary estimate. | 3431 |
Moneys distributed pursuant to this chapter shall be | 3432 |
calculated and paid on a fiscal year basis, beginning with the | 3433 |
first day of July and extending through the thirtieth day of June. | 3434 |
Unless otherwise provided, the moneys appropriated for each fiscal | 3435 |
year shall be distributed at least monthly to each school | 3436 |
district. The state board shall submit a yearly distribution plan | 3437 |
to the controlling board at its first meeting in July. The state | 3438 |
board shall submit any proposed midyear revision of the plan to | 3439 |
the controlling board in January. Any year-end revision of the | 3440 |
plan shall be submitted to the controlling board in June. If | 3441 |
moneys appropriated for each fiscal year are distributed other | 3442 |
than monthly, such distribution shall be on the same basis for | 3443 |
each school district. | 3444 |
The total amounts paid each month shall constitute, as nearly | 3445 |
as possible, one-twelfth of the total amount payable for the | 3446 |
entire year. | 3447 |
Payments shall be calculated to reflect the reporting of | 3448 |
formula ADM. Annualized periodic payments for each school district | 3449 |
shall be based on the district's final student counts verified by | 3450 |
the superintendent of public instruction based on reports under | 3451 |
section 3317.03 of the Revised Code, as adjusted, if so ordered, | 3452 |
under division (K) of that section. | 3453 |
(A) Except as otherwise provided, payments under this chapter | 3454 |
shall be made only to those school districts that comply with | 3455 |
divisions (A)(1) to (3) of this section. | 3456 |
(1) Each city, exempted village, and local school district | 3457 |
shall levy for current operating expenses at least twenty mills. | 3458 |
Levies for joint vocational or cooperative education school | 3459 |
districts or county school financing districts, limited to or to | 3460 |
the extent apportioned to current expenses, shall be included in | 3461 |
this qualification requirement. School district income tax levies | 3462 |
under Chapter 5748. of the Revised Code, limited to or to the | 3463 |
extent apportioned to current operating expenses, shall be | 3464 |
included in this qualification requirement to the extent | 3465 |
determined by the tax commissioner under division (D) of section | 3466 |
3317.021 of the Revised Code. | 3467 |
(2) Each city, exempted village, local, and joint vocational | 3468 |
school district, during the school year next preceding the fiscal | 3469 |
year for which payments are calculated under this chapter, shall | 3470 |
meet the requirement of section 3313.48 or 3313.481 of the Revised | 3471 |
Code, with regard to the minimum number of days or hours school | 3472 |
must be open for instruction with pupils in attendance, for | 3473 |
individualized parent-teacher conference and reporting periods, | 3474 |
and for professional meetings of teachers. The superintendent of | 3475 |
public instruction shall waive a number of days in accordance with | 3476 |
section 3317.01 of the Revised Code on which it had been necessary | 3477 |
for a school to be closed because of disease epidemic, hazardous | 3478 |
weather conditions, inoperability of school buses or other | 3479 |
equipment necessary to the school's operation, damage to a school | 3480 |
building, or other temporary circumstances due to utility failure | 3481 |
rendering the school building unfit for school use. | 3482 |
A school district shall not be considered to have failed to | 3483 |
comply with this division or section 3313.481 of the Revised Code | 3484 |
because schools were open for instruction but either twelfth grade | 3485 |
students were excused from attendance for up to three days or only | 3486 |
a portion of the kindergarten students were in attendance for up | 3487 |
to three days in order to allow for the gradual orientation to | 3488 |
school of such students. | 3489 |
The superintendent of public instruction shall waive the | 3490 |
requirements of this section with reference to the minimum number | 3491 |
of days or hours a school must be open for instruction with pupils | 3492 |
in attendance for the school year succeeding the school year in | 3493 |
which a board of education initiates a plan of operation pursuant | 3494 |
to section 3313.481 of the Revised Code. The minimum requirements | 3495 |
of this section shall again be applicable to the district | 3496 |
beginning with the school year commencing the second July | 3497 |
succeeding the initiation of the plan, and for each school year | 3498 |
thereafter. | 3499 |
A school district shall not be considered to have failed to | 3500 |
comply with this division or section 3313.48 or 3313.481 of the | 3501 |
Revised Code because schools were open for instruction but the | 3502 |
length of the regularly scheduled learning day, for any number of | 3503 |
days during the school year, was reduced by not more than two | 3504 |
hours due to hazardous weather conditions. | 3505 |
(3) Each city, exempted village, local, and joint vocational | 3506 |
school district | 3507 |
3508 | |
based upon performance as required under section 3317.13 of the | 3509 |
Revised Code. | 3510 |
(B) A school district board of education or educational | 3511 |
service center governing board that has not conformed with other | 3512 |
law, and the rules pursuant thereto, shall not participate in the | 3513 |
distribution of funds authorized by this chapter, except for good | 3514 |
and sufficient reason established to the satisfaction of the state | 3515 |
board of education and the state controlling board. | 3516 |
(C) All funds allocated to school districts under this | 3517 |
chapter, except those specifically allocated for other purposes, | 3518 |
shall be used only to pay current operating expenses or for either | 3519 |
of the following purposes: | 3520 |
(1) The modification or purchase of classroom space to | 3521 |
provide all-day kindergarten as required by section 3321.05 of the | 3522 |
Revised Code, provided the district certifies its shortage of | 3523 |
space for providing all-day kindergarten to the department of | 3524 |
education, in a manner specified by the department; | 3525 |
(2) The modification or purchase of classroom space to reduce | 3526 |
class sizes in grades kindergarten through three to attain the | 3527 |
goal of fifteen students per core teacher, provided the district | 3528 |
certifies its need for additional classroom space to the | 3529 |
department, in a manner specified by the department. | 3530 |
(D) On or before the last day of each month, the department | 3531 |
of education shall certify to the director of budget and | 3532 |
management for payment, for each county: | 3533 |
(1)(a) That portion of the allocation of money under section | 3534 |
3306.13 of the Revised Code that is required to be paid in that | 3535 |
month to each school district located wholly within the county | 3536 |
subsequent to the deductions described in division (D)(1)(b) of | 3537 |
this section; | 3538 |
(b) The amounts deducted from such allocation under sections | 3539 |
3307.31 and 3309.51 of the Revised Code for payment directly to | 3540 |
the school employees and state teachers retirement systems under | 3541 |
such sections. | 3542 |
(2) If the district is located in more than one county, an | 3543 |
apportionment of the amounts that would otherwise be certified | 3544 |
under division (D)(1) of this section. The amounts apportioned to | 3545 |
the county shall equal the amounts certified under division (D)(1) | 3546 |
of this section times the percentage of the district's resident | 3547 |
pupils who reside both in the district and in the county, based on | 3548 |
the average daily membership reported under division (A) of | 3549 |
section 3317.03 of the Revised Code in October of the prior fiscal | 3550 |
year. | 3551 |
Sec. 3307.27. The contributions required under section | 3552 |
3307.26 of the Revised Code shall not be made by an employer on a | 3553 |
teacher's behalf, but may be treated as paid by the employer in | 3554 |
accordance with division (h) of section 414 of the "Internal | 3555 |
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 414(h), as | 3556 |
amended. | 3557 |
Sec. 3307.77. (A) As used in this section, "employer" means | 3558 |
the employer employing a member of the state teachers retirement | 3559 |
system at the time the member commences an absence, or is granted | 3560 |
a leave described in this section. | 3561 |
(B) Any member of the state teachers retirement system | 3562 |
participating in the plan described in sections 3307.50 to 3307.79 | 3563 |
of the Revised Code who is, or has been, prevented from making | 3564 |
contributions under section 3307.26 of the Revised Code because of | 3565 |
an absence due to the member's own illness or injury, or who is, | 3566 |
or has been, granted a leave for educational, professional, or | 3567 |
other purposes pursuant to section 3319.13, | 3568 |
3345.28 of the Revised Code or for any other reason approved by | 3569 |
the state teachers retirement board, may purchase service credit, | 3570 |
not to exceed two years for each such period of absence or leave, | 3571 |
either by having deductions made in accordance with division (C) | 3572 |
of this section or by making the payment required by division (D) | 3573 |
or (E) of this section. | 3574 |
(C) If the absence or leave begins and ends in the same year, | 3575 |
the member may purchase credit for the absence or leave by having | 3576 |
the employer deduct and transmit to the system from payrolls in | 3577 |
that year employee contributions on the amount certified by the | 3578 |
employer as the compensation the member would have received had | 3579 |
the member remained employed in the position held when the absence | 3580 |
or leave commenced. The deductions may be made even though the | 3581 |
minimum compensation provided by law for the member is reduced | 3582 |
thereby, unless the amount to be deducted exceeds the compensation | 3583 |
to be paid the member from the time deductions begin until the end | 3584 |
of the year, in which case credit may not be purchased under this | 3585 |
division. The employer shall pay the system the employer | 3586 |
contributions on the compensation amount certified under this | 3587 |
division. Employee and employer contributions shall be made at the | 3588 |
rates in effect at the time the absence or leave occurred. If the | 3589 |
employee or employer rates in effect change during the absence or | 3590 |
leave, the contributions for each month of the absence or leave | 3591 |
shall be made at the rate in effect for that month. | 3592 |
(D) During or following the absence or leave, but no later | 3593 |
than two years following the last day of the year in which the | 3594 |
absence or leave terminates, a member may purchase credit for the | 3595 |
absence or leave by paying to the employer, and the employer | 3596 |
transmitting to the system, employee contributions on the amount | 3597 |
certified by the employer as the compensation the member would | 3598 |
have received had the member remained employed in the position | 3599 |
held when the absence or leave commenced. The employer shall pay | 3600 |
the system the employer contributions on the compensation amount | 3601 |
certified under this division. Employee and employer contributions | 3602 |
shall be made at the rates in effect at the time the absence or | 3603 |
leave occurred. If the employee or employer rates in effect change | 3604 |
during the absence or leave, the contributions for each month of | 3605 |
an absence or leave shall be made at the rate in effect for that | 3606 |
month. | 3607 |
(E) After two years following the last day of the year in | 3608 |
which an absence or leave terminated, a member may purchase credit | 3609 |
for the absence or leave by paying the employer, and the employer | 3610 |
transmitting to the system, the sum of the following for each year | 3611 |
of credit purchased: | 3612 |
(1) An amount determined by multiplying the employee rate of | 3613 |
contribution in effect at the time the absence or leave commenced | 3614 |
by the member's annual compensation for the member's last full | 3615 |
year of service prior to the commencement of the absence or leave, | 3616 |
or, if the member has not had a full year of service, the | 3617 |
compensation the member would have received for the year the | 3618 |
absence or leave commenced had the member continued in service for | 3619 |
a full year; | 3620 |
(2) Interest compounded annually, at a rate determined by the | 3621 |
board, on the amount determined under division (E)(1) of this | 3622 |
section for the period commencing two years following the last day | 3623 |
of the year in which the absence or leave terminated and ending on | 3624 |
the date of payment; | 3625 |
(3) Interest compounded annually, at a rate determined by the | 3626 |
board, on an amount equal to the employer's contribution required | 3627 |
by this division for the period commencing two years following the | 3628 |
last day of the year in which the absence or leave terminated and | 3629 |
ending on the date of payment. | 3630 |
The employer shall pay to the system for each year of credit | 3631 |
purchased under this division an amount determined by multiplying | 3632 |
the employer contribution rate in effect at the time the absence | 3633 |
or leave commenced by the member's annual compensation for the | 3634 |
member's last full year of service prior to the commencement of | 3635 |
the absence or leave, or, if the member has not had a full year of | 3636 |
service, the compensation the member would have received for the | 3637 |
year the absence or leave commenced had the member continued in | 3638 |
service for a full year. | 3639 |
(F) A member who chooses to purchase service credit under | 3640 |
division (D) or (E) of this section may choose to purchase only | 3641 |
part of the credit for which the member is eligible in any one | 3642 |
payment, but payments made more than two years following the last | 3643 |
day of the year in which the absence or leave terminated shall be | 3644 |
made in accordance with division (E) of this section. | 3645 |
(G) The state teachers retirement board may adopt rules to | 3646 |
implement this section. | 3647 |
Sec. 3309.47. Each school employees retirement system | 3648 |
contributor shall contribute eight per cent of the contributor's | 3649 |
compensation to the employees' savings fund, except that the | 3650 |
school employees retirement board may raise the contribution rate | 3651 |
to a rate not greater than ten per cent of compensation. | 3652 |
The contributions required under this section shall not be | 3653 |
paid by an employer on a contributor's behalf, but may be treated | 3654 |
as employer contributions for purposes of state and federal income | 3655 |
tax deferred income provisions. | 3656 |
The contributions by the direction of the school employees | 3657 |
retirement board shall be deducted by the employer from the | 3658 |
compensation of each contributor on each payroll of such | 3659 |
contributor for each payroll period and shall be an amount equal | 3660 |
to the required per cent of such contributor's compensation. On a | 3661 |
finding by the board that an employer has failed or refused to | 3662 |
deduct contributions for any employee during any year and to | 3663 |
transmit such amounts to the retirement system, the retirement | 3664 |
board may make a determination of the amount of the delinquent | 3665 |
contributions, including interest at a rate set by the retirement | 3666 |
board, from the end of each year, and certify to the employer the | 3667 |
amounts for collection. If the amount is not paid by the employer, | 3668 |
it may be certified for collection in the same manner as payments | 3669 |
due the employers' trust fund. Any amounts so collected shall be | 3670 |
held in trust pending receipt of a report of contributions for the | 3671 |
employee for the period involved as provided by law and, | 3672 |
thereafter, the amount in trust shall be transferred to the | 3673 |
employee's savings fund to the credit of the employee. Any amount | 3674 |
remaining after the transfer to the employees' savings fund shall | 3675 |
be transferred to the employers' trust fund as a credit of the | 3676 |
employer. | 3677 |
Any contributor under contract who, because of illness, | 3678 |
accident, or other reason approved by the employer, is prevented | 3679 |
from making the contributor's contribution to the system for any | 3680 |
payroll period, may, upon returning to contributing service, have | 3681 |
such deductions made from other payrolls during the year, or may | 3682 |
pay such amount to the employer and the employer shall transmit | 3683 |
such deductions to the system. The deductions shall be made | 3684 |
notwithstanding that the minimum compensation for any contributor | 3685 |
shall be reduced thereby. Every contributor shall be deemed to | 3686 |
consent and agree to the contributions made and provided for in | 3687 |
this section and shall receipt in full for the contributor's | 3688 |
salary or compensation, and payment, less the contributions, is a | 3689 |
full and complete discharge and acquittance of all claims and | 3690 |
demands whatsoever for the services rendered by the person during | 3691 |
the period covered by the payment. | 3692 |
Each contributor shall pay with the first payment to the | 3693 |
employees' savings fund each year a sum to be determined by the | 3694 |
board, as provided by law, which amount shall be credited to the | 3695 |
expense fund. The payments for the expense fund shall be made to | 3696 |
the board in the same way as payments to the employees' savings | 3697 |
fund are made. | 3698 |
Additional deposits may be made to a member's account. At | 3699 |
retirement, the amount deposited with interest may be used to | 3700 |
provide additional annuity income. The additional deposits may be | 3701 |
refunded to the member before retirement, and shall be refunded if | 3702 |
the member withdraws the member's refundable amount. The deposits | 3703 |
may be refunded to the beneficiary or estate if the member dies | 3704 |
before retirement, and the board shall determine whether regular | 3705 |
interest shall be credited to deposits thus refunded. | 3706 |
Sec. 3311.19. (A) The management and control of a joint | 3707 |
vocational school district shall be vested in the joint vocational | 3708 |
school district board of education. Where a joint vocational | 3709 |
school district is composed only of two or more local school | 3710 |
districts located in one county, or when all the participating | 3711 |
districts are in one county and the boards of such participating | 3712 |
districts so choose, the educational service center governing | 3713 |
board of the county in which the joint vocational school district | 3714 |
is located shall serve as the joint vocational school district | 3715 |
board of education. Where a joint vocational school district is | 3716 |
composed of local school districts of more than one county, or of | 3717 |
any combination of city, local, or exempted village school | 3718 |
districts or educational service centers, unless administration by | 3719 |
the educational service center governing board has been chosen by | 3720 |
all the participating districts in one county pursuant to this | 3721 |
section, the board of education of the joint vocational school | 3722 |
district shall be composed of one or more persons who are members | 3723 |
of the boards of education from each of the city or exempted | 3724 |
village school districts or members of the educational service | 3725 |
centers' governing boards affected to be appointed by the boards | 3726 |
of education or governing boards of such school districts and | 3727 |
educational service centers. In such joint vocational school | 3728 |
districts the number and terms of members of the joint vocational | 3729 |
school district board of education and the allocation of a given | 3730 |
number of members to each of the city and exempted village | 3731 |
districts and educational service centers shall be determined in | 3732 |
the plan for such district, provided that each such joint | 3733 |
vocational school district board of education shall be composed of | 3734 |
an odd number of members. | 3735 |
(B) Notwithstanding division (A) of this section, a governing | 3736 |
board of an educational service center that has members of its | 3737 |
governing board serving on a joint vocational school district | 3738 |
board of education may make a request to the joint vocational | 3739 |
district board that the joint vocational school district plan be | 3740 |
revised to provide for one or more members of boards of education | 3741 |
of local school districts that are within the territory of the | 3742 |
educational service district and within the joint vocational | 3743 |
school district to serve in the place of or in addition to its | 3744 |
educational service center governing board members. If agreement | 3745 |
is obtained among a majority of the boards of education and | 3746 |
governing boards that have a member serving on the joint | 3747 |
vocational school district board of education and among a majority | 3748 |
of the local school district boards of education included in the | 3749 |
district and located within the territory of the educational | 3750 |
service center whose board requests the substitution or addition, | 3751 |
the state board of education may revise the joint vocational | 3752 |
school district plan to conform with such agreement. | 3753 |
(C) If the board of education of any school district or | 3754 |
educational service center governing board included within a joint | 3755 |
vocational district that has had its board or governing board | 3756 |
membership revised under division (B) of this section requests the | 3757 |
joint vocational school district board to submit to the state | 3758 |
board of education a revised plan under which one or more joint | 3759 |
vocational board members chosen in accordance with a plan revised | 3760 |
under such division would again be chosen in the manner prescribed | 3761 |
by division (A) of this section, the joint vocational board shall | 3762 |
submit the revised plan to the state board of education, provided | 3763 |
the plan is agreed to by a majority of the boards of education | 3764 |
represented on the joint vocational board, a majority of the local | 3765 |
school district boards included within the joint vocational | 3766 |
district, and each educational service center governing board | 3767 |
affected by such plan. The state board of education may revise the | 3768 |
joint vocational school district plan to conform with the revised | 3769 |
plan. | 3770 |
(D) The vocational schools in such joint vocational school | 3771 |
district shall be available to all youth of school age within the | 3772 |
joint vocational school district subject to the rules adopted by | 3773 |
the joint vocational school district board of education in regard | 3774 |
to the standards requisite to admission. A joint vocational school | 3775 |
district board of education shall have the same powers, duties, | 3776 |
and authority for the management and operation of such joint | 3777 |
vocational school district as is granted by law, except by this | 3778 |
chapter and Chapters 124., 3306., 3317., 3323., and 3331. of the | 3779 |
Revised Code, to a board of education of a city school district, | 3780 |
and shall be subject to all the provisions of law that apply to a | 3781 |
city school district, except such provisions in this chapter and | 3782 |
Chapters 124., 3306., 3317., 3323., and 3331. of the Revised Code. | 3783 |
(E) Where a governing board of an educational service center | 3784 |
has been designated to serve as the joint vocational school | 3785 |
district board of education, the educational service center | 3786 |
superintendent shall be the executive officer for the joint | 3787 |
vocational school district, and the governing board may provide | 3788 |
for additional compensation to be paid to the educational service | 3789 |
center superintendent by the joint vocational school district, but | 3790 |
the educational service center superintendent shall have no | 3791 |
continuing tenure other than that of educational service center | 3792 |
superintendent. The superintendent of schools of a joint | 3793 |
vocational school district shall exercise the duties and authority | 3794 |
vested by law in a superintendent of schools pertaining to the | 3795 |
operation of a school district and the employment and supervision | 3796 |
of its personnel. The joint vocational school district board of | 3797 |
education shall appoint a treasurer of the joint vocational school | 3798 |
district who shall be the fiscal officer for such district and who | 3799 |
shall have all the powers, duties, and authority vested by law in | 3800 |
a treasurer of a board of education. Where a governing board of an | 3801 |
educational service center has been designated to serve as the | 3802 |
joint vocational school district board of education, such board | 3803 |
may appoint the educational service center superintendent as the | 3804 |
treasurer of the joint vocational school district. | 3805 |
(F) Each member of a joint vocational school district board | 3806 |
of education may be paid such compensation as the board provides | 3807 |
by resolution, but it shall not exceed one hundred twenty-five | 3808 |
dollars per member for each meeting attended plus mileage, at the | 3809 |
rate per mile provided by resolution of the board, to and from | 3810 |
meetings of the board. | 3811 |
The board may provide by resolution for the deduction of | 3812 |
amounts payable for benefits under division (C) of section | 3813 |
3313.202 of the Revised Code. | 3814 |
Each member of a joint vocational school district board may | 3815 |
be paid such compensation as the board provides by resolution for | 3816 |
attendance at an approved training program, provided that such | 3817 |
compensation shall not exceed sixty dollars per day for attendance | 3818 |
at a training program three hours or fewer in length and one | 3819 |
hundred twenty-five dollars a day for attendance at a training | 3820 |
program longer than three hours in length. However, no board | 3821 |
member shall be compensated for the same training program under | 3822 |
this section and section 3313.12 of the Revised Code. | 3823 |
Sec. 3313.12. Each member of the educational service center | 3824 |
governing board may be paid such compensation as the governing | 3825 |
board provides by resolution, provided that any such compensation | 3826 |
shall not exceed one hundred twenty-five dollars a day plus | 3827 |
mileage both ways, at the rate per mile provided by resolution of | 3828 |
the governing board, for attendance at any meeting of the board. | 3829 |
Such compensation and the expenses of the educational service | 3830 |
center superintendent, itemized and verified, shall be paid from | 3831 |
the educational service center governing board fund upon vouchers | 3832 |
signed by the president of the governing board. | 3833 |
The board of education of any city, local, or exempted | 3834 |
village school district may provide by resolution for compensation | 3835 |
of its members, provided that such compensation shall not exceed | 3836 |
one hundred twenty-five dollars per member for meetings attended. | 3837 |
The board may provide by resolution for the deduction of amounts | 3838 |
payable for benefits under division (C) of section 3313.202 of the | 3839 |
Revised Code. | 3840 |
Each member of a district board or educational service center | 3841 |
governing board may be paid such compensation as the respective | 3842 |
board provides by resolution for attendance at an approved | 3843 |
training program, provided that such compensation shall not exceed | 3844 |
sixty dollars a day for attendance at a training program three | 3845 |
hours or fewer in length and one hundred twenty-five dollars a day | 3846 |
for attendance at a training program longer than three hours in | 3847 |
length. | 3848 |
Sec. 3313.202. (A) As used in this section: | 3849 |
(1) "Health care plan" means any of the following types of | 3850 |
insurance or coverage, or a combination of any of the following | 3851 |
types of insurance or coverage, whether issued by an insurance | 3852 |
company or a health insuring corporation duly licensed by this | 3853 |
state: | 3854 |
(a) Hospitalization, surgical care, or major medical | 3855 |
insurance; | 3856 |
(b) Sickness and accident insurance; | 3857 |
(c) Disability insurance; | 3858 |
(d) Dental care; | 3859 |
(e) Vision care; | 3860 |
(f) Medical care; | 3861 |
(g) Hearing aids; | 3862 |
(h) Prescription drugs. | 3863 |
(2) "Nonteaching employee" means any person employed in the | 3864 |
public schools of the state in a position for which the person is | 3865 |
not required to have a certificate or license issued pursuant to | 3866 |
sections 3319.22 to 3319.31 of the Revised Code. | 3867 |
(3) "Teaching employee" means any person employed in the | 3868 |
public schools of this state in a position for which the person is | 3869 |
required to have a certificate or license issued pursuant to | 3870 |
sections 3319.22 to 3319.31 of the Revised Code. | 3871 |
(B)(1) The board of education of a school district may | 3872 |
procure and pay up to eighty-five per cent of the cost of a health | 3873 |
care plan for any of the following: | 3874 |
(a) The teaching employees of the school district; | 3875 |
(b) The nonteaching employees of the school district; | 3876 |
(c) The dependent children and spouses of employees for whom | 3877 |
coverage is procured. | 3878 |
(2) Any health care plan that a board of education procures | 3879 |
under division (B)(1) of this section shall include best practices | 3880 |
prescribed by the school employees health care board under section | 3881 |
9.901 of the Revised Code. | 3882 |
(3) The benefits provided to a management level employee, as | 3883 |
defined in section 4117.01 of the Revised Code, under a health | 3884 |
care plan that the board procures under this section shall be the | 3885 |
same as any benefits provided to other employees of the board | 3886 |
under a health care plan that the board procures under this | 3887 |
section. | 3888 |
(4) A board of education shall continue to carry, on payroll | 3889 |
records, all school employees whose sick leave accumulation has | 3890 |
expired, or who are on a disability leave of absence or an | 3891 |
approved leave of absence, for the purpose of group term life, | 3892 |
hospitalization, surgical, major medical, or any other insurance. | 3893 |
A board of education may pay all or part of such coverage except | 3894 |
when those employees are on an approved leave of absence, or on a | 3895 |
disability leave of absence for a period exceeding two years. | 3896 |
(C) Any elected or appointed member of the board of education | 3897 |
of a school district and the dependent children and spouse of the | 3898 |
member may be covered, at the option of the member, as an employee | 3899 |
of the school district under any health care plan | 3900 |
3901 | |
adopted under this section | 3902 |
of the benefits shall certify to the board the provider's charge | 3903 |
for coverage under each option available to employees under that | 3904 |
plan, and the member shall pay | 3905 |
the amount certified for that coverage. Payments for such coverage | 3906 |
shall be made, in advance, in a manner prescribed by the | 3907 |
3908 | |
be covered under this section shall be in writing, announced at a | 3909 |
regular public meeting of the board | 3910 |
a public record in the minutes of the board. | 3911 |
Sec. 3313.23. If a treasurer of a board of education is | 3912 |
absent from any meeting of the board the members present shall | 3913 |
choose one of their number to serve in | 3914 |
pro tempore. | 3915 |
If a board of education determines the treasurer is | 3916 |
incapacitated in such a manner that | 3917 |
perform the duties of the office of treasurer, the board may, by a | 3918 |
majority vote of the members of the board, appoint a person to | 3919 |
serve in
| 3920 |
education shall adopt a written policy establishing standards for | 3921 |
determining whether the treasurer is incapacitated, and shall | 3922 |
provide that during any period in which the treasurer is | 3923 |
incapacitated, | 3924 |
leave of absence and may be returned to active duty status from | 3925 |
sick leave or leave of absence. The board shall award leave | 3926 |
pursuant to this written policy in accordance with the general | 3927 |
leave policy the board adopts pursuant to section 3319.141 of the | 3928 |
Revised Code. The treasurer may request a hearing before the board | 3929 |
on any action taken under this section | 3930 |
rights in any such hearing as are afforded to a teacher in a board | 3931 |
hearing under section 3319.16 of the Revised Code. The treasurer | 3932 |
pro tempore shall perform all of the duties and functions of the | 3933 |
treasurer, and shall serve until the treasurer's incapacity is | 3934 |
removed as determined by a majority vote of the members of the | 3935 |
board or until the expiration of the treasurer's contract or term | 3936 |
of office, whichever is sooner. The treasurer pro tempore may be | 3937 |
removed at any time for cause by a two-thirds vote of the members | 3938 |
of the board. The board shall fix the compensation of the | 3939 |
treasurer pro tempore in accordance with section 3313.24 of the | 3940 |
Revised Code, and shall require the treasurer pro tempore to | 3941 |
execute a bond immediately after | 3942 |
with section 3313.25 of the Revised Code. If a treasurer is a | 3943 |
member of the board, | 3944 |
related to | 3945 |
Sec. 3313.24. (A) At the time of the appointment or | 3946 |
designation of the term of office of the treasurer, subject to | 3947 |
division (B) of this section, the board of education of each | 3948 |
local, exempted village, or city school district shall fix the | 3949 |
compensation of its treasurer, which shall be paid from the | 3950 |
general fund of the district. No order for payment of the salary | 3951 |
of the treasurer of a local, exempted village, or city school | 3952 |
district, other than an island school district, shall be drawn | 3953 |
until the treasurer presents to the district board evidence that | 3954 |
the treasurer either holds a valid license issued under section | 3955 |
3301.074 of the Revised Code or is an otherwise qualified | 3956 |
treasurer, as defined in division (B) of section 3313.22 of the | 3957 |
Revised Code. | 3958 |
A governing board of an educational service center which | 3959 |
chooses to act as the governing board of the educational service | 3960 |
center pursuant to division (D) of section 135.01 of the Revised | 3961 |
Code shall fix the compensation of its treasurer and pay its | 3962 |
treasurer in the manner prescribed in the section for local, | 3963 |
exempted village, and city school districts. | 3964 |
(B) The compensation of the treasurer may be increased or | 3965 |
decreased during the treasurer's term of office, provided any | 3966 |
decrease is a part of a uniform plan affecting salaries of all | 3967 |
employees of the district. | 3968 |
(C) The board may establish vacation leave for its treasurer | 3969 |
in accordance with the general leave policy the board adopts | 3970 |
pursuant to section 3319.141 of the Revised Code. Upon the | 3971 |
treasurer's separation from employment, the board may provide | 3972 |
compensation at the treasurer's current rate of pay for all | 3973 |
lawfully accrued and unused vacation leave to the treasurer's | 3974 |
credit at the time of separation, not to exceed the amount accrued | 3975 |
during the three years before the date of separation. In case of | 3976 |
the death of a treasurer, unused vacation leave that the board | 3977 |
would have paid to the treasurer upon separation shall be paid in | 3978 |
accordance with section 2113.04 of the Revised Code or to the | 3979 |
treasurer's estate. | 3980 |
Sec. 3313.33. (A) Conveyances made by a board of education | 3981 |
shall be executed by the president and treasurer thereof. | 3982 |
(B) Except as provided in division (C) of this section, no | 3983 |
member of the board shall have, directly or indirectly, any | 3984 |
pecuniary interest in any contract of the board or be employed in | 3985 |
any manner for compensation by the board of which the person is a | 3986 |
member. No contract shall be binding upon any board unless it is | 3987 |
made or authorized at a regular or special meeting of such board. | 3988 |
(C) A member of the board may have a pecuniary interest in a | 3989 |
contract of the board if all of the following apply: | 3990 |
(1) The member's pecuniary interest in that contract is that | 3991 |
the member is employed by a political subdivision, | 3992 |
instrumentality, or agency of the state that is contracting with | 3993 |
the board; | 3994 |
(2) The member does not participate in any discussion or | 3995 |
debate regarding the contract or vote on the contract; | 3996 |
(3) The member files with the school district treasurer an | 3997 |
affidavit stating the member's exact employment status with the | 3998 |
political subdivision, instrumentality, or agency contracting with | 3999 |
the board. | 4000 |
(D) This section does not apply where a member of the board, | 4001 |
being a shareholder of a corporation but not being an officer or | 4002 |
director thereof, owns not in excess of five per cent of the stock | 4003 |
of such corporation. If a stockholder desires to avail self of the | 4004 |
exception, before entering upon such contract such person shall | 4005 |
first file with the treasurer an affidavit stating the | 4006 |
stockholder's exact status and connection with said corporation. | 4007 |
This section does not apply where a member of the board | 4008 |
elects to be covered by a health care plan under division (C) of | 4009 |
section 3313.202 of the Revised Code. | 4010 |
Sec. 3313.42. (A) When in the judgment of a board of | 4011 |
education of any school district in this state, lying adjacent to | 4012 |
a school district of another state, the best interests of the | 4013 |
public schools can be promoted by purchasing school grounds, | 4014 |
repairing or erecting a schoolhouse, and maintaining them jointly | 4015 |
between the two adjacent school districts, the board of education | 4016 |
of the school district of this state so situated may enter into an | 4017 |
agreement with the school authorities of said adjacent school | 4018 |
district for the purpose of purchasing school grounds, repairing | 4019 |
or constructing a school building, purchasing school furniture, | 4020 |
equipment, appliances, fuel, employing teachers, and maintaining a | 4021 |
school. The board of education of this state may levy taxes and | 4022 |
perform such other duties in maintaining such joint school as are | 4023 |
otherwise provided by law for maintaining the public schools in | 4024 |
this state. | 4025 |
In carrying out this section the school district shall pay | 4026 |
such proportion of the cost of purchasing school grounds, | 4027 |
repairing or erecting a building, and in maintaining the joint | 4028 |
school as is equitable and just in the judgment of the board of | 4029 |
education and trustees of the two adjacent school districts. | 4030 |
(B) | 4031 |
4032 | |
4033 | |
4034 | |
4035 | |
4036 | |
4037 |
| 4038 |
the Revised Code, the board of education of a local school | 4039 |
district that has entered into an agreement with an adjacent | 4040 |
school district in another state under division (A) of this | 4041 |
section may contract with the educational service center within | 4042 |
which the local school district is located for the service center | 4043 |
to provide any administrative services specified in the agreement | 4044 |
to the local school district and the adjacent district. If such an | 4045 |
agreement provides for the duties of a district treasurer, | 4046 |
superintendent, or principals to be performed by the service | 4047 |
center, the local school district is not required to employ | 4048 |
persons to perform such duties. | 4049 |
Sec. 3314.10. (A)(1) The governing authority of any | 4050 |
community school established under this chapter may employ | 4051 |
teachers and nonteaching employees necessary to carry out its | 4052 |
mission and fulfill its contract. | 4053 |
(2) | 4054 |
4055 | |
4056 | |
4057 | |
4058 | |
4059 | |
4060 | |
4061 |
| 4062 |
existing public school rather than by establishment of a new | 4063 |
start-up school, at the time of conversion, the employees of the | 4064 |
community school shall remain part of any collective bargaining | 4065 |
unit in which they were included immediately prior to the | 4066 |
conversion and shall remain subject to any collective bargaining | 4067 |
agreement for that unit in effect on the first day of July of the | 4068 |
year in which the community school initially begins operation and | 4069 |
shall be subject to any subsequent collective bargaining agreement | 4070 |
for that unit, unless a petition is certified as sufficient under | 4071 |
division (A) | 4072 |
or the governing authority of the community school submits a | 4073 |
statement to the state employment relations board under division | 4074 |
(A)(3) of this section. Any new employees of the community school | 4075 |
shall also be included in the unit to which they would have been | 4076 |
assigned had not the conversion taken place and shall be subject | 4077 |
to the collective bargaining agreement for that unit unless a | 4078 |
petition is certified as sufficient under division (A) | 4079 |
this section with regard to those employees or the governing | 4080 |
authority of the community school submits a statement to the state | 4081 |
employment relations board under division (A)(3) of this section. | 4082 |
Notwithstanding division (B) of section 4117.01 of the | 4083 |
Revised Code, the board of education of a school district and not | 4084 |
the governing authority of a community school shall be regarded, | 4085 |
for purposes of Chapter 4117. of the Revised Code, as the "public | 4086 |
employer" of the employees of a conversion community school | 4087 |
subject to a collective bargaining agreement pursuant to division | 4088 |
(A) | 4089 |
4090 | |
4091 | |
4092 | |
4093 | |
4094 | |
4095 | |
4096 |
| 4097 |
Revised Code and Section 4 of Amended Substitute Senate Bill No. | 4098 |
133 of the 115th general assembly, the employees of a conversion | 4099 |
community school who are subject to a collective bargaining | 4100 |
agreement pursuant to division (A) | 4101 |
cease to be subject to | 4102 |
agreements pursuant to that division and shall cease to be part of | 4103 |
the collective bargaining unit that is subject to | 4104 |
subsequent agreements, if | 4105 |
governing authority of that community school | 4106 |
4107 | |
the state employment relations board a
| 4108 |
requesting | 4109 |
| 4110 |
are subject to that agreement be removed from the bargaining unit | 4111 |
that is subject to that agreement | 4112 |
4113 | |
4114 |
| 4115 |
4116 | |
4117 | |
4118 | |
4119 |
| 4120 |
4121 | |
4122 |
| 4123 |
Revised Code and Section 4 of Amended Substitute Senate Bill No. | 4124 |
133 of the 115th general assembly, the employees of a conversion | 4125 |
community school who are subject to a collective bargaining | 4126 |
agreement pursuant to division (A) | 4127 |
cease to be subject to that agreement and all subsequent | 4128 |
agreements pursuant to that division, shall cease to be part of | 4129 |
the collective bargaining unit that is subject to that and all | 4130 |
subsequent agreements, and shall cease to be represented by any | 4131 |
exclusive representative of that collective bargaining unit, if a | 4132 |
majority of the employees of the community school who are subject | 4133 |
to that collective bargaining agreement sign and submit to the | 4134 |
state employment relations board a petition requesting all of the | 4135 |
following: | 4136 |
(a) That all the employees of the community school who are | 4137 |
subject to that agreement be removed from the bargaining unit that | 4138 |
is subject to that agreement; | 4139 |
(b) That any employee organization certified as the exclusive | 4140 |
representative of the employees of that bargaining unit be | 4141 |
decertified as the exclusive representative of the employees of | 4142 |
the community school who are subject to that agreement | 4143 |
| 4144 |
4145 | |
4146 |
| 4147 |
4148 | |
check the sufficiency of the signatures on the petition. If the | 4149 |
signatures are found sufficient, the board shall certify the | 4150 |
sufficiency of the petition and so notify the parties involved, | 4151 |
including the board of education, the governing authority of the | 4152 |
community school, and any exclusive representative of the | 4153 |
bargaining unit. The changes requested in a certified petition | 4154 |
shall take effect on the first day of the month immediately | 4155 |
following the date on which the sufficiency of the petition is | 4156 |
certified under division (A) | 4157 |
(B)(1) The board of education of each city, local, and | 4158 |
exempted village school district sponsoring a community school and | 4159 |
the governing board of each educational service center in which a | 4160 |
community school is located shall adopt a policy that provides a | 4161 |
leave of absence of at least three years to each teacher or | 4162 |
nonteaching employee of the district or service center who is | 4163 |
employed by a conversion or new start-up community school | 4164 |
sponsored by the district or located in the district or center for | 4165 |
the period during which the teacher or employee is continuously | 4166 |
employed by the community school. The policy shall also provide | 4167 |
that any teacher or nonteaching employee may return to employment | 4168 |
by the district or service center if the teacher or employee | 4169 |
leaves or is discharged from employment with the community school | 4170 |
for any reason, unless, in the case of a teacher, the board of the | 4171 |
district or service center determines that the teacher was | 4172 |
discharged for a reason for which the board would have sought to | 4173 |
discharge the teacher under section 3319.16 of the Revised Code, | 4174 |
in which case the board may proceed to discharge the teacher | 4175 |
utilizing the procedures of that section. Upon termination of such | 4176 |
a leave of absence, any seniority that is applicable to the person | 4177 |
shall be calculated to include all of the following: all | 4178 |
employment by the district or service center prior to the leave of | 4179 |
absence; all employment by the community school during the leave | 4180 |
of absence; and all employment by the district or service center | 4181 |
after the leave of absence. The policy shall also provide that if | 4182 |
any teacher holding valid certification returns to employment by | 4183 |
the district or service center upon termination of such a leave of | 4184 |
absence, the teacher shall be restored to the previous position | 4185 |
and salary or to a position and salary similar thereto. If, as a | 4186 |
result of teachers returning to employment upon termination of | 4187 |
such leaves of absence, a school district or educational service | 4188 |
center reduces the number of teachers it employs, it shall make | 4189 |
such reductions in accordance with section 3319.17 or, if | 4190 |
applicable, 3319.171 of the Revised Code. | 4191 |
Unless a collective bargaining agreement providing otherwise | 4192 |
is in effect for an employee of a conversion community school | 4193 |
pursuant to division (A) | 4194 |
leave of absence pursuant to this division shall remain eligible | 4195 |
for any benefits that are in addition to benefits under Chapter | 4196 |
3307. or 3309. of the Revised Code provided by the district or | 4197 |
service center to its employees provided the employee pays the | 4198 |
entire cost associated with such benefits, except that personal | 4199 |
leave and vacation leave cannot be accrued for use as an employee | 4200 |
of a school district or service center while in the employ of a | 4201 |
community school unless the district or service center board | 4202 |
adopts a policy expressly permitting this accrual. | 4203 |
(2) While on a leave of absence pursuant to division (B)(1) | 4204 |
of this section, a conversion community school shall permit a | 4205 |
teacher to use sick leave accrued while in the employ of the | 4206 |
school district from which the leave of absence was taken and | 4207 |
prior to commencing such leave. If a teacher who is on such a | 4208 |
leave of absence uses sick leave so accrued, the cost of any | 4209 |
salary paid by the community school to the teacher for that time | 4210 |
shall be reported to the department of education. The cost of | 4211 |
employing a substitute teacher for that time shall be paid by the | 4212 |
community school. The department of education shall add amounts to | 4213 |
the payments made to a community school under this chapter as | 4214 |
necessary to cover the cost of salary reported by a community | 4215 |
school as paid to a teacher using sick leave so accrued pursuant | 4216 |
to this section. The department shall subtract the amounts of any | 4217 |
payments made to community schools under this division from | 4218 |
payments made to such sponsoring school district under Chapters | 4219 |
3306. and 3317. of the Revised Code. | 4220 |
A school district providing a leave of absence and employee | 4221 |
benefits to a person pursuant to this division is not liable for | 4222 |
any action of that person while the person is on such leave and | 4223 |
employed by a community school. | 4224 |
Sec. 3316.07. (A) A school district financial planning and | 4225 |
supervision commission has the following powers, duties, and | 4226 |
functions: | 4227 |
(1) To review or to assume responsibility for the development | 4228 |
of all tax budgets, tax levy and bond and note resolutions, | 4229 |
appropriation measures, and certificates of estimated resources of | 4230 |
the school district in order to ensure that such are consistent | 4231 |
with the financial recovery plan and a balanced appropriation | 4232 |
budget for the current fiscal year, and to request and review any | 4233 |
supporting information upon which the financial recovery plan and | 4234 |
balanced appropriation budget may be developed and based, and to | 4235 |
determine whether revenue estimates and estimates of expenditures | 4236 |
and appropriations will result in a balanced budget; | 4237 |
(2) To inspect and secure copies of any document, resolution, | 4238 |
or instrument pertaining to the effective financial accounting and | 4239 |
reporting system, debt obligations, debt limits, financial | 4240 |
recovery plan, balanced appropriation budgets, appropriation | 4241 |
measures, report of audit, statement or invoice, or other | 4242 |
worksheet or record of the school district; | 4243 |
(3) To inspect and secure copies of any document, instrument, | 4244 |
certification, records of proceedings, or other worksheet or | 4245 |
records of the county budget commission, county auditor, or other | 4246 |
official or employee of the school district or of any other | 4247 |
political subdivision or agency of government of the state; | 4248 |
(4) To review, revise, and approve determinations and | 4249 |
certifications affecting the school district made by the county | 4250 |
budget commission or county auditor pursuant to Chapter 5705. of | 4251 |
the Revised Code to ensure that such determinations and | 4252 |
certifications are consistent with the laws of the state; | 4253 |
(5) To bring civil actions, including mandamus, to enforce | 4254 |
this chapter; | 4255 |
(6) After consultation with the officials of the school | 4256 |
district and the auditor of state, to implement or require | 4257 |
implementation of any necessary or appropriate steps to bring the | 4258 |
books of account, accounting systems, and financial procedures and | 4259 |
reports of the school district into compliance with requirements | 4260 |
prescribed by the auditor of state, and to assume responsibility | 4261 |
for achieving such compliance and for making any desirable | 4262 |
modifications and supplementary systems and procedures pertinent | 4263 |
to the school district; | 4264 |
(7) To assist or provide assistance to the school district or | 4265 |
to assume the total responsibility for the structuring or the | 4266 |
terms of, and the placement for sale of, debt obligations of the | 4267 |
school district; | 4268 |
(8) To perform all other powers, duties, and functions as | 4269 |
provided under this chapter; | 4270 |
(9) To make and enter into all contracts and agreements | 4271 |
necessary or incidental to the performance of its duties and the | 4272 |
exercise of its powers under this chapter; | 4273 |
(10) To consult with officials of the school district and | 4274 |
make recommendations or assume the responsibility for implementing | 4275 |
cost reductions and revenue increases to achieve balanced budgets | 4276 |
and carry out the financial recovery plan in accordance with this | 4277 |
chapter; | 4278 |
(11) To make reductions in force to bring the school | 4279 |
district's budget into balance, notwithstanding section 3319.081 | 4280 |
and divisions (A) and (B) of section 3319.17 of the Revised Code, | 4281 |
notwithstanding any provision of a policy adopted under section | 4282 |
3319.171 of the Revised Code, and notwithstanding any provision to | 4283 |
the contrary in section 4117.08 or 4117.10 of the Revised Code or | 4284 |
in any collective bargaining agreement entered into on or after | 4285 |
November 21, 1997. | 4286 |
In making reductions in force, the commission shall first | 4287 |
consider reasonable reductions among the administrative and | 4288 |
4289 | |
due regard to ensuring the district's ability to maintain the | 4290 |
personnel, programs, and services essential to the provision of an | 4291 |
adequate educational program. | 4292 |
In making these reductions in
| 4293 |
employees in districts where Chapter 124. of the Revised Code | 4294 |
controls such reductions, the reductions shall be made in | 4295 |
accordance with sections 124.321 to 124.327 of the Revised Code. | 4296 |
In making these reductions in
| 4297 |
in districts where Chapter 124. of the Revised Code does not | 4298 |
control these reductions, within each category of
| 4299 |
nonteaching employees, the commission shall give preference to | 4300 |
those employees with continuing contracts or non-probationary | 4301 |
status | 4302 |
in nonteaching employees, the commission shall not use seniority | 4303 |
as the only factor in determining dismissals. | 4304 |
If revenues and expenditures cannot be balanced by reasonable | 4305 |
reductions in administrative and
| 4306 |
employees, the commission may also make reasonable reductions in | 4307 |
the number of teaching contracts. If the commission finds it | 4308 |
necessary to suspend teaching contracts, it shall suspend them in | 4309 |
accordance with division (C) of section 3319.17 of the Revised | 4310 |
Code but shall consider a reduction in non-classroom teachers | 4311 |
before classroom teachers. | 4312 |
(B) During the fiscal emergency period, the commission shall, | 4313 |
in addition to other powers: | 4314 |
(1) With respect to the appropriation measure in effect at | 4315 |
the commencement of the fiscal emergency period of the school | 4316 |
district if that period commenced more than three months prior to | 4317 |
the end of the current fiscal year, and otherwise with respect to | 4318 |
the appropriation measure for the next fiscal year: | 4319 |
(a) Review and determine the adequacy of all revenues to meet | 4320 |
all expenditures for such fiscal year; | 4321 |
(b) Review and determine the extent of any deficiency of | 4322 |
revenues to meet such expenditures; | 4323 |
(c) Require the school district board or superintendent to | 4324 |
provide justification documents to substantiate, to the extent and | 4325 |
in the manner considered necessary, any item of revenue or | 4326 |
appropriation; | 4327 |
(d) Not later than sixty days after taking office or after | 4328 |
receiving the appropriation measure for the next fiscal year, | 4329 |
issue a public report regarding its review pursuant to division | 4330 |
(B)(1) of this section. | 4331 |
(2) Require the school district board, by resolution, to | 4332 |
establish monthly levels of expenditures and encumbrances | 4333 |
consistent with the financial recovery plan and the commission's | 4334 |
review pursuant to divisions (B)(1)(a) and (b) of this section, or | 4335 |
establish such levels itself. If the commission permits the | 4336 |
district board to make expenditures, the commission shall monitor | 4337 |
the monthly levels of expenditures and encumbrances and require | 4338 |
justification documents to substantiate any departure from any | 4339 |
approved level. No district board shall make any expenditure apart | 4340 |
from the approved level without the written approval of the | 4341 |
commission. | 4342 |
(C) In making any determination pursuant to division (B) of | 4343 |
this section, the commission may rely on any information | 4344 |
considered in its judgment reliable or material and shall not be | 4345 |
restricted by any tax budget or certificate or any other document | 4346 |
the school district may have adopted or received from any other | 4347 |
governmental agency. | 4348 |
(D) County, state, and school district officers or employees | 4349 |
shall assist the commission diligently and promptly in the | 4350 |
prosecution of its duties, including the furnishing of any | 4351 |
materials, including justification documents, required. | 4352 |
(E) Annually on or before the first day of April during the | 4353 |
fiscal emergency period, the commission shall make reports and | 4354 |
recommendations to the speaker of the house of representatives and | 4355 |
the president of the senate concerning progress of the school | 4356 |
district to eliminate fiscal emergency conditions, failures of the | 4357 |
school district to comply with this chapter, and recommendations | 4358 |
for further actions to attain the objectives of this chapter, | 4359 |
including any legislative action needed to make provisions of law | 4360 |
more effective for their purposes, or to enhance revenue raising | 4361 |
or financing capabilities of school districts. The commission may | 4362 |
make such interim reports as it considers appropriate for such | 4363 |
purposes and shall make such additional reports as may be | 4364 |
requested by either house of the general assembly. | 4365 |
Sec. 3317.01. As used in this section and section 3317.011 | 4366 |
of the Revised Code, "school district," unless otherwise | 4367 |
specified, means any city, local, exempted village, joint | 4368 |
vocational, or cooperative education school district and any | 4369 |
educational service center. | 4370 |
This chapter shall be administered by the state board of | 4371 |
education. The superintendent of public instruction shall | 4372 |
calculate the amounts payable to each school district and shall | 4373 |
certify the amounts payable to each eligible district to the | 4374 |
treasurer of the district as provided by this chapter. As soon as | 4375 |
possible after such amounts are calculated, the superintendent | 4376 |
shall certify to the treasurer of each school district the | 4377 |
district's adjusted charge-off increase, as defined in section | 4378 |
5705.211 of the Revised Code. No moneys shall be distributed | 4379 |
pursuant to this chapter without the approval of the controlling | 4380 |
board. | 4381 |
The state board of education shall, in accordance with | 4382 |
appropriations made by the general assembly, meet the financial | 4383 |
obligations of this chapter. | 4384 |
Moneys distributed pursuant to this chapter shall be | 4385 |
calculated and paid on a fiscal year basis, beginning with the | 4386 |
first day of July and extending through the thirtieth day of June. | 4387 |
The moneys appropriated for each fiscal year shall be distributed | 4388 |
periodically to each school district unless otherwise provided | 4389 |
for. The state board shall submit a yearly distribution plan to | 4390 |
the controlling board at its first meeting in July. The state | 4391 |
board shall submit any proposed midyear revision of the plan to | 4392 |
the controlling board in January. Any year-end revision of the | 4393 |
plan shall be submitted to the controlling board in June. If | 4394 |
moneys appropriated for each fiscal year are distributed other | 4395 |
than monthly, such distribution shall be on the same basis for | 4396 |
each school district. | 4397 |
Except as otherwise provided, payments under this chapter | 4398 |
shall be made only to those school districts in which: | 4399 |
(A) The school district, except for any educational service | 4400 |
center and any joint vocational or cooperative education school | 4401 |
district, levies for current operating expenses at least twenty | 4402 |
mills. Levies for joint vocational or cooperative education school | 4403 |
districts or county school financing districts, limited to or to | 4404 |
the extent apportioned to current expenses, shall be included in | 4405 |
this qualification requirement. School district income tax levies | 4406 |
under Chapter 5748. of the Revised Code, limited to or to the | 4407 |
extent apportioned to current operating expenses, shall be | 4408 |
included in this qualification requirement to the extent | 4409 |
determined by the tax commissioner under division (D) of section | 4410 |
3317.021 of the Revised Code. | 4411 |
(B) The school year next preceding the fiscal year for which | 4412 |
such payments are authorized meets the requirement of section | 4413 |
3313.48 or 3313.481 of the Revised Code, with regard to the | 4414 |
minimum number of days or hours school must be open for | 4415 |
instruction with pupils in attendance, for individualized | 4416 |
parent-teacher conference and reporting periods, and for | 4417 |
professional meetings of teachers. This requirement shall be | 4418 |
waived by the superintendent of public instruction if it had been | 4419 |
necessary for a school to be closed because of disease epidemic, | 4420 |
hazardous weather conditions, inoperability of school buses or | 4421 |
other equipment necessary to the school's operation, damage to a | 4422 |
school building, or other temporary circumstances due to utility | 4423 |
failure rendering the school building unfit for school use, | 4424 |
provided that for those school districts operating pursuant to | 4425 |
section 3313.48 of the Revised Code the number of days the school | 4426 |
was actually open for instruction with pupils in attendance and | 4427 |
for individualized parent-teacher conference and reporting periods | 4428 |
is not less than one hundred seventy-five, or for those school | 4429 |
districts operating on a trimester plan the number of days the | 4430 |
school was actually open for instruction with pupils in attendance | 4431 |
not less than seventy-nine days in any trimester, for those school | 4432 |
districts operating on a quarterly plan the number of days the | 4433 |
school was actually open for instruction with pupils in attendance | 4434 |
not less than fifty-nine days in any quarter, or for those school | 4435 |
districts operating on a pentamester plan the number of days the | 4436 |
school was actually open for instruction with pupils in attendance | 4437 |
not less than forty-four days in any pentamester. However, for | 4438 |
fiscal year 2012, the superintendent shall waive two fewer such | 4439 |
days for the 2010-2011 school year. | 4440 |
A school district shall not be considered to have failed to | 4441 |
comply with this division or section 3313.481 of the Revised Code | 4442 |
because schools were open for instruction but either twelfth grade | 4443 |
students were excused from attendance for up to three days or only | 4444 |
a portion of the kindergarten students were in attendance for up | 4445 |
to three days in order to allow for the gradual orientation to | 4446 |
school of such students. | 4447 |
The superintendent of public instruction shall waive the | 4448 |
requirements of this section with reference to the minimum number | 4449 |
of days or hours school must be in session with pupils in | 4450 |
attendance for the school year succeeding the school year in which | 4451 |
a board of education initiates a plan of operation pursuant to | 4452 |
section 3313.481 of the Revised Code. The minimum requirements of | 4453 |
this section shall again be applicable to such a district | 4454 |
beginning with the school year commencing the second July | 4455 |
succeeding the initiation of one such plan, and for each school | 4456 |
year thereafter. | 4457 |
A school district shall not be considered to have failed to | 4458 |
comply with this division or section 3313.48 or 3313.481 of the | 4459 |
Revised Code because schools were open for instruction but the | 4460 |
length of the regularly scheduled school day, for any number of | 4461 |
days during the school year, was reduced by not more than two | 4462 |
hours due to hazardous weather conditions. | 4463 |
(C) The school district | 4464 |
4465 | |
salaries based upon performance as required under section 3317.13 | 4466 |
of the Revised Code. | 4467 |
A board of education or governing board of an educational | 4468 |
service center which has not conformed with other law and the | 4469 |
rules pursuant thereto, shall not participate in the distribution | 4470 |
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, | 4471 |
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good | 4472 |
and sufficient reason established to the satisfaction of the state | 4473 |
board of education and the state controlling board. | 4474 |
All funds allocated to school districts under this chapter, | 4475 |
except those specifically allocated for other purposes, shall be | 4476 |
used to pay current operating expenses only. | 4477 |
Sec. 3317.018. (A) The department of education shall make no | 4478 |
calculations or payments under Chapter 3317. of the Revised Code | 4479 |
for any fiscal year except as prescribed in this section. | 4480 |
(B) School districts shall report student enrollment data as | 4481 |
prescribed by section 3317.03 of the Revised Code, which data the | 4482 |
department shall use to make payments under Chapters 3306. and | 4483 |
3317. of the Revised Code. | 4484 |
(C) The tax commissioner shall report data regarding tax | 4485 |
valuation and receipts for school districts as prescribed by | 4486 |
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027, | 4487 |
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of | 4488 |
section 3317.02 of the Revised Code, which data the department | 4489 |
shall use to make payments under Chapters 3306. and 3317. of the | 4490 |
Revised Code. | 4491 |
(D) Unless otherwise specified by another provision of law, | 4492 |
in addition to the payments prescribed by Chapter 3306. of the | 4493 |
Revised Code, the department shall continue to make payments to or | 4494 |
adjustments for school districts in fiscal years after fiscal year | 4495 |
2009 under the following provisions of Chapter 3317. of the | 4496 |
Revised Code: | 4497 |
(1) The catastrophic cost reimbursement under division (C)(3) | 4498 |
of section 3317.022 of the Revised Code. No other payments shall | 4499 |
be made under that section. | 4500 |
(2) All payments or adjustments under section 3317.023 of the | 4501 |
Revised Code, except no payments or adjustments shall be made | 4502 |
under divisions (B), (C), and (D) of that section. | 4503 |
(3) All payments or adjustments under section 3317.024 of the | 4504 |
Revised Code, except no payments or adjustments shall be made | 4505 |
under divisions (F), (L), and (N) of that section. | 4506 |
(4) All payments and adjustments under sections 3317.025, | 4507 |
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the | 4508 |
Revised Code; | 4509 |
(5) Payments under section 3317.04 of the Revised Code; | 4510 |
(6) Unit payments under sections 3317.05, 3317.051, 3317.052, | 4511 |
and 3317.053 of the Revised Code, except that no units for gifted | 4512 |
funding are authorized after fiscal year 2009. | 4513 |
(7) Payments under sections 3317.06, 3317.063, and 3317.064 | 4514 |
of the Revised Code; | 4515 |
(8) Payments under section 3317.07 of the Revised Code; | 4516 |
(9) Payments to educational service centers under section | 4517 |
3317.11 of the Revised Code; | 4518 |
(10) The catastrophic cost reimbursement under division (E) | 4519 |
of section 3317.16 of the Revised Code and excess cost | 4520 |
reimbursements under division (G) of that section. No other | 4521 |
payments shall be made under that section; | 4522 |
(11) Payments under section 3317.17 of the Revised Code; | 4523 |
(12) Adjustments under section 3317.18 of the Revised Code; | 4524 |
(13) Payments to cooperative education school districts under | 4525 |
section 3317.19 of the Revised Code; | 4526 |
(14) Payments to county MR/DD boards under section 3317.20 of | 4527 |
the Revised Code; | 4528 |
(15) Payments to state institutions for weighted special | 4529 |
education funding under section 3317.201 of the Revised Code. | 4530 |
(E) Sections 3317.016 and 3317.017 shall not apply to fiscal | 4531 |
years after fiscal year 2009. | 4532 |
(F) This section does not affect the provisions of sections | 4533 |
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08, | 4534 |
3317.081, 3317.082, 3317.09, | 4535 |
3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised | 4536 |
Code. | 4537 |
Sec. 3317.11. (A) As used in this section: | 4538 |
(1) "Client school district" means a city or exempted village | 4539 |
school district that has entered into an agreement under section | 4540 |
3313.843 of the Revised Code to receive any services from an | 4541 |
educational service center. | 4542 |
(2) "Service center ADM" means the sum of the total student | 4543 |
counts of all local school districts within an educational service | 4544 |
center's territory and all of the service center's client school | 4545 |
districts. | 4546 |
(3) "STEM school" means a science, technology, engineering, | 4547 |
and mathematics school established under Chapter 3326. of the | 4548 |
Revised Code. | 4549 |
(4) "Total student count" has the same meaning as in section | 4550 |
3301.011 of the Revised Code. | 4551 |
(B)(1) The governing board of each educational service center | 4552 |
shall provide supervisory services to each local school district | 4553 |
within the service center's territory. Each city or exempted | 4554 |
village school district that enters into an agreement under | 4555 |
section 3313.843 of the Revised Code for a governing board to | 4556 |
provide any services also is considered to be provided supervisory | 4557 |
services by the governing board. Except as provided in division | 4558 |
(B)(2) of this section, the supervisory services shall not exceed | 4559 |
one supervisory teacher for the first fifty classroom teachers | 4560 |
required to be employed in the districts, as calculated under | 4561 |
section 3317.023 of the Revised Code, and one for each additional | 4562 |
one hundred required classroom teachers, as so calculated. | 4563 |
The supervisory services shall be financed annually through | 4564 |
supervisory units. Except as provided in division (B)(2) of this | 4565 |
section, the number of supervisory units assigned to each district | 4566 |
shall not exceed one unit for the first fifty classroom teachers | 4567 |
required to be employed in the district, as calculated under | 4568 |
section 3317.023 of the Revised Code, and one for each additional | 4569 |
one hundred required classroom teachers, as so calculated. The | 4570 |
cost of each supervisory unit shall be the sum of: | 4571 |
(a) The | 4572 |
section 3317.13 of the Revised Code for the licensed supervisory | 4573 |
employee of the governing board; | 4574 |
(b) An amount equal to fifteen per cent of the salary | 4575 |
prescribed by section 3317.13 of the Revised Code; | 4576 |
(c) An allowance for necessary travel expenses, limited to | 4577 |
the lesser of two hundred twenty-three dollars and sixteen cents | 4578 |
per month or two thousand six hundred seventy-eight dollars per | 4579 |
year. | 4580 |
(2) If a majority of the boards of education, or | 4581 |
superintendents acting on behalf of the boards, of the local and | 4582 |
client school districts receiving services from the educational | 4583 |
service center agree to receive additional supervisory services | 4584 |
and to pay the cost of a corresponding number of supervisory units | 4585 |
in excess of the services and units specified in division (B)(1) | 4586 |
of this section, the service center shall provide the additional | 4587 |
services as agreed to by the majority of districts to, and the | 4588 |
department of education shall apportion the cost of the | 4589 |
corresponding number of additional supervisory units pursuant to | 4590 |
division (B)(3) of this section among, all of the service center's | 4591 |
local and client school districts. | 4592 |
(3) The department shall apportion the total cost for all | 4593 |
supervisory units among the service center's local and client | 4594 |
school districts based on each district's total student count. The | 4595 |
department shall deduct each district's apportioned share pursuant | 4596 |
to division (E) of section 3317.023 of the Revised Code and pay | 4597 |
the apportioned share to the service center. | 4598 |
(C) The department annually shall deduct from each local and | 4599 |
client school district of each educational service center, | 4600 |
pursuant to division (E) of section 3317.023 of the Revised Code, | 4601 |
and pay to the service center an amount equal to six dollars and | 4602 |
fifty cents times the school district's total student count. The | 4603 |
board of education, or the superintendent acting on behalf of the | 4604 |
board, of any local or client school district may agree to pay an | 4605 |
amount in excess of six dollars and fifty cents per student in | 4606 |
total student count. If a majority of the boards of education, or | 4607 |
superintendents acting on behalf of the boards, of the local | 4608 |
school districts within a service center's territory approve an | 4609 |
amount in excess of six dollars and fifty cents per student in | 4610 |
total student count, the department shall deduct the approved | 4611 |
excess per student amount from all of the local school districts | 4612 |
within the service center's territory and pay the excess amount to | 4613 |
the service center. | 4614 |
(D) The department shall pay each educational service center | 4615 |
the amounts due to it from school districts pursuant to contracts, | 4616 |
compacts, or agreements under which the service center furnishes | 4617 |
services to the districts or their students. In order to receive | 4618 |
payment under this division, an educational service center shall | 4619 |
furnish either a copy of the contract, compact, or agreement | 4620 |
clearly indicating the amounts of the payments, or a written | 4621 |
statement that clearly indicates the payments owed and is signed | 4622 |
by the superintendent or treasurer of the responsible school | 4623 |
district. The amounts paid to service centers under this division | 4624 |
shall be deducted from payments to school districts pursuant to | 4625 |
division (K)(3) of section 3317.023 of the Revised Code. | 4626 |
(E) Each school district's deduction under this section and | 4627 |
divisions (E) and (K)(3) of section 3317.023 of the Revised Code | 4628 |
shall be made from the total payment computed for the district | 4629 |
under this chapter, after making any other adjustments in that | 4630 |
payment required by law. | 4631 |
(F)(1) Except as provided in division (F)(2) of this section, | 4632 |
the department annually shall pay the governing board of each | 4633 |
educational service center state funds equal to thirty-seven | 4634 |
dollars times its service center ADM. | 4635 |
(2) The department annually shall pay state funds equal to | 4636 |
forty dollars and fifty-two cents times the service center ADM to | 4637 |
each educational service center comprising territory that was | 4638 |
included in the territory of at least three former service centers | 4639 |
or county school districts, which former centers or districts | 4640 |
engaged in one or more mergers under section 3311.053 of the | 4641 |
Revised Code to form the present center. | 4642 |
(G) Each city, exempted village, local, joint vocational, or | 4643 |
cooperative education school district shall pay to the governing | 4644 |
board of an educational service center any amounts agreed to for | 4645 |
each child enrolled in the district who receives special education | 4646 |
and related services or career-technical education from the | 4647 |
educational service center, unless these educational services are | 4648 |
provided pursuant to a contract, compact, or agreement for which | 4649 |
the department deducts and transfers payments under division (D) | 4650 |
of this section and division (K)(3) of section 3317.023 of the | 4651 |
Revised Code. | 4652 |
(H) The department annually shall pay the governing board of | 4653 |
each educational service center that has entered into a contract | 4654 |
with a STEM school for the provision of services described in | 4655 |
division (B) of section 3326.45 of the Revised Code state funds | 4656 |
equal to the per-pupil amount specified in the contract for the | 4657 |
provision of those services times the number of students enrolled | 4658 |
in the STEM school. | 4659 |
(I) An educational service center: | 4660 |
(1) May provide special education and career-technical | 4661 |
education to students in its local or client school districts; | 4662 |
(2) Is eligible for transportation funding under division (G) | 4663 |
of section 3317.024 of the Revised Code and for state subsidies | 4664 |
for the purchase of school buses under section 3317.07 of the | 4665 |
Revised Code; | 4666 |
(3) May apply for and receive gifted education units and | 4667 |
provide gifted education services to students in its local or | 4668 |
client school districts; | 4669 |
(4) May conduct driver education for high school students in | 4670 |
accordance with Chapter 4508. of the Revised Code. | 4671 |
Sec. 3317.13. (A) As used in this section | 4672 |
4673 |
| 4674 |
| 4675 |
4676 | |
4677 | |
4678 |
| 4679 |
4680 | |
4681 | |
4682 | |
4683 |
| 4684 |
4685 | |
4686 | |
4687 | |
4688 | |
4689 | |
4690 | |
4691 |
| 4692 |
4693 | |
4694 | |
4695 | |
4696 | |
4697 |
| 4698 |
board of education of any school district, including any | 4699 |
cooperative education or joint vocational school district and all | 4700 |
teachers employed by any educational service center governing | 4701 |
board. | 4702 |
(B) | 4703 |
4704 | |
4705 | |
4706 | |
4707 | |
4708 | |
4709 | |
4710 | |
4711 | |
4712 |
| 4713 |
4714 | |
4715 | |
4716 | |
4717 | |
4718 | |
4719 | |
4720 | |
4721 | |
4722 | |
4723 | |
4724 | |
4725 | |
4726 |
| 4727 |
4728 | |
4729 | |
4730 | |
4731 | |
4732 | |
4733 | |
4734 | |
4735 |
| 4736 |
4737 |
4738 | ||||||||||
4739 | ||||||||||
4740 | ||||||||||
4741 | ||||||||||
4742 |
4743 | ||||||||||||||||||
4744 | ||||||||||||||||||
4745 | ||||||||||||||||||
4746 | ||||||||||||||||||
4747 | ||||||||||||||||||
4748 | ||||||||||||||||||
4749 | ||||||||||||||||||
4750 | ||||||||||||||||||
4751 | ||||||||||||||||||
4752 | ||||||||||||||||||
4753 | ||||||||||||||||||
4754 | ||||||||||||||||||
4755 | ||||||||||||||||||
4756 |
| 4757 |
4758 |
| 4759 |
4760 | |
4761 | |
4762 | |
4763 | |
4764 | |
4765 | |
4766 | |
4767 |
| 4768 |
| 4769 |
| 4770 |
4771 | |
4772 |
| 4773 |
4774 | |
as described in section 3317.13 of the Revised Code. | 4775 |
(C) For purposes of this section, a board shall measure a | 4776 |
teacher's performance by considering all of the following: | 4777 |
(1) The level of license issued under section 3319.22 of the | 4778 |
Revised Code that the teacher holds; | 4779 |
(2) Whether the teacher is a "highly qualified teacher" as | 4780 |
defined in section 3319.074 of the Revised Code; | 4781 |
(3) The value-added measure the board uses to determine the | 4782 |
performance of the students assigned to the teacher's classroom; | 4783 |
(4) The results of the teacher's performance evaluations | 4784 |
conducted under section 3319.111 of the Revised Code, any peer | 4785 |
review program created by an agreement entered into by a board of | 4786 |
education and representatives of teachers employed by that board, | 4787 |
or any other system of evaluation used by the board; | 4788 |
(5) Any other criteria established by the board. | 4789 |
Sec. 3319.01. Except in an island school district, where the | 4790 |
superintendent of an educational service center otherwise may | 4791 |
serve as superintendent of the district and except as otherwise | 4792 |
provided for any cooperative education school district pursuant to | 4793 |
division (B)(2) of section 3311.52 or division (B)(3) of section | 4794 |
3311.521 of the Revised Code, the board of education in each | 4795 |
school district and the governing board of each service center | 4796 |
shall, at a regular or special meeting held not later than the | 4797 |
first day of May of the calendar year in which the term of the | 4798 |
superintendent expires, appoint a person possessed of the | 4799 |
qualifications provided in this section to act as superintendent, | 4800 |
for a term not longer than five years beginning the first day of | 4801 |
August and ending on the thirty-first day of July. Such | 4802 |
superintendent is, at the expiration of a current term of | 4803 |
employment, deemed reemployed for a term of one year at the same | 4804 |
salary plus any increments that may be authorized by the board, | 4805 |
unless such board, on or before the first day of March of the year | 4806 |
in which the contract of employment expires, either reemploys the | 4807 |
superintendent for a succeeding term as provided in this section | 4808 |
or gives to the superintendent written notice of its intention not | 4809 |
to reemploy the superintendent. A superintendent may not be | 4810 |
transferred to any other position during the term of the | 4811 |
superintendent's employment or reemployment except by mutual | 4812 |
agreement by the superintendent and the board. If a vacancy occurs | 4813 |
in the office of superintendent, the board shall appoint a | 4814 |
superintendent for a term not to exceed five years from the next | 4815 |
preceding first day of August. | 4816 |
A board may at any regular or special meeting held during the | 4817 |
period beginning on the first day of January of the calendar year | 4818 |
immediately preceding the year the contract of employment of a | 4819 |
superintendent expires and ending on the first day of March of the | 4820 |
year it expires, reemploy such superintendent for a succeeding | 4821 |
term for not longer than five years, beginning on the first day of | 4822 |
August immediately following the expiration of the | 4823 |
superintendent's current term of employment and ending on the | 4824 |
thirty-first day of July of the year in which such succeeding term | 4825 |
expires. No person shall be appointed to the office of | 4826 |
superintendent of a city, or exempted village school district or a | 4827 |
service center who does not hold a license designated for being a | 4828 |
superintendent issued under section 3319.22 of the Revised Code, | 4829 |
unless such person had been employed as a county, city, or | 4830 |
exempted village superintendent prior to August 1, 1939. No person | 4831 |
shall be appointed to the office of local superintendent who does | 4832 |
not hold a license designated for being a superintendent issued | 4833 |
under section 3319.22 of the Revised Code, unless such person held | 4834 |
or was qualified to hold the position of executive head of a local | 4835 |
school district on September 16, 1957. At the time of making such | 4836 |
appointment or designation of term, such board shall fix the | 4837 |
compensation of the superintendent, which may be increased or | 4838 |
decreased during such term, provided such decrease is a part of a | 4839 |
uniform plan affecting salaries of all employees of the district, | 4840 |
and shall execute a written contract of employment with such | 4841 |
superintendent. | 4842 |
Each board shall adopt procedures for the evaluation of its | 4843 |
superintendent and shall evaluate its superintendent in accordance | 4844 |
with those procedures. An evaluation based upon such procedures | 4845 |
shall be considered by the board in deciding whether to renew the | 4846 |
superintendent's contract. The establishment of an evaluation | 4847 |
procedure shall not create an expectancy of continued employment. | 4848 |
Nothing in this section shall prevent a board from making the | 4849 |
final determination regarding the renewal or failure to renew of a | 4850 |
superintendent's contract. | 4851 |
Termination of a superintendent's contract shall be pursuant | 4852 |
to section 3319.16 of the Revised Code. | 4853 |
A board may establish vacation leave for its superintendent | 4854 |
in accordance with the general leave policy the board adopts | 4855 |
pursuant to section 3319.141 of the Revised Code. Upon the | 4856 |
superintendent's separation from employment a board that has such | 4857 |
leave may provide compensation at the superintendent's current | 4858 |
rate of pay for all lawfully accrued and unused vacation leave to | 4859 |
the superintendent's credit at the time of separation, not to | 4860 |
exceed the amount accrued within three years before the date of | 4861 |
separation. In case of the death of a superintendent, such unused | 4862 |
vacation leave as the board would have paid to this superintendent | 4863 |
upon separation shall be paid in accordance with section 2113.04 | 4864 |
of the Revised Code, or to the superintendent's estate. | 4865 |
Notwithstanding section 9.481 of the Revised Code, the board | 4866 |
of a city, local, exempted village, or joint vocational school | 4867 |
district may require its superintendent, as a condition of | 4868 |
employment, to reside within the boundaries of the district. | 4869 |
The superintendent shall be the executive officer for the | 4870 |
board. Subject to section 3319.40 of the Revised Code, the | 4871 |
superintendent shall direct and assign teachers and other | 4872 |
employees of the district or service center, except as provided in | 4873 |
division (B) of section 3313.31 and section 3319.04 of the Revised | 4874 |
Code. The superintendent shall assign the pupils to the proper | 4875 |
schools and grades, provided that the assignment of a pupil to a | 4876 |
school outside of the pupil's district of residence is approved by | 4877 |
the board of the district of residence of such pupil. The | 4878 |
superintendent shall perform such other duties as the board | 4879 |
determines. | 4880 |
The board of education of any school district may contract | 4881 |
with the governing board of the educational service center from | 4882 |
which it otherwise receives services to conduct searches and | 4883 |
recruitment of candidates for the superintendent position | 4884 |
authorized under this section. | 4885 |
Sec. 3319.011. If a board of education determines the | 4886 |
superintendent is incapacitated in such a manner that | 4887 |
superintendent is unable to perform the duties of the office of | 4888 |
superintendent, the board may, by a majority vote of the members | 4889 |
of the board, appoint a person to serve in | 4890 |
superintendent's place pro tempore. Each board of education shall | 4891 |
adopt a written policy establishing standards for determining | 4892 |
whether the superintendent is incapacitated, and shall provide | 4893 |
that during any period in which the superintendent is | 4894 |
incapacitated, | 4895 |
or on leave of absence and may be returned to active duty status | 4896 |
from sick leave or leave of absence. The board shall award leave | 4897 |
pursuant to this written policy in accordance with the general | 4898 |
leave policy the board adopts pursuant to section 3319.141 of the | 4899 |
Revised Code. The superintendent may request a hearing before the | 4900 |
board on any action taken under this section | 4901 |
the same rights in any such hearing as are granted to a teacher in | 4902 |
a board hearing under section 3319.16 of the Revised Code. The | 4903 |
superintendent pro tempore shall perform all of the duties and | 4904 |
functions of the superintendent and shall serve until the board by | 4905 |
majority vote determines the superintendent's incapacity is | 4906 |
removed or until the expiration of the superintendent's contract | 4907 |
or term of office, whichever is sooner. The superintendent pro | 4908 |
tempore may be removed at any time for cause by a two-thirds vote | 4909 |
of the members of the board. The board shall fix the compensation | 4910 |
of the superintendent pro tempore in accordance with section | 4911 |
3319.01 of the Revised Code. | 4912 |
Sec. 3319.02. (A)(1) As used in this section, "other | 4913 |
administrator" means any of the following: | 4914 |
(a) Except as provided in division (A)(2) of this section, | 4915 |
any employee in a position for which a board of education requires | 4916 |
a license designated by rule of the department of education for | 4917 |
being an administrator issued under section 3319.22 of the Revised | 4918 |
Code, including a professional pupil services employee or | 4919 |
administrative specialist or an equivalent of either one who is | 4920 |
not employed as a school counselor and spends less than fifty per | 4921 |
cent of the time employed teaching or working with students; | 4922 |
(b) Any nonlicensed employee whose job duties enable such | 4923 |
employee to be considered as either a "supervisor" or a | 4924 |
"management level employee," as defined in section 4117.01 of the | 4925 |
Revised Code; | 4926 |
(c) A business manager appointed under section 3319.03 of the | 4927 |
Revised Code. | 4928 |
(2) As used in this section, "other administrator" does not | 4929 |
include a superintendent, assistant superintendent, principal, or | 4930 |
assistant principal. | 4931 |
(B) The board of education of each school district and the | 4932 |
governing board of an educational service center may appoint one | 4933 |
or more assistant superintendents and such other administrators as | 4934 |
are necessary. An assistant educational service center | 4935 |
superintendent or service center supervisor employed on a | 4936 |
part-time basis may also be employed by a local board as a | 4937 |
teacher. The board of each city, exempted village, and local | 4938 |
school district shall employ principals for all high schools and | 4939 |
for such other schools as the board designates, and those boards | 4940 |
may appoint assistant principals for any school that they | 4941 |
designate. | 4942 |
(C) In educational service centers and in city, exempted | 4943 |
village, and local school districts, assistant superintendents, | 4944 |
principals, assistant principals, and other administrators shall | 4945 |
only be employed or reemployed in accordance with nominations of | 4946 |
the superintendent, except that a board of education of a school | 4947 |
district or the governing board of a service center, by a | 4948 |
three-fourths vote of its full membership, may reemploy any | 4949 |
assistant superintendent, principal, assistant principal, or other | 4950 |
administrator whom the superintendent refuses to nominate. | 4951 |
The board of education or governing board shall execute a | 4952 |
written contract of employment with each assistant superintendent, | 4953 |
principal, assistant principal, and other administrator it employs | 4954 |
or reemploys. The term of such contract shall not exceed three | 4955 |
years except that in the case of a person who has been employed as | 4956 |
an assistant superintendent, principal, assistant principal, or | 4957 |
other administrator in the district or center for three years or | 4958 |
more, the term of the contract shall be for not more than five | 4959 |
years and, unless the superintendent of the district recommends | 4960 |
otherwise, not less than two years. If the superintendent so | 4961 |
recommends, the term of the contract of a person who has been | 4962 |
employed by the district or service center as an assistant | 4963 |
superintendent, principal, assistant principal, or other | 4964 |
administrator for three years or more may be one year, but all | 4965 |
subsequent contracts granted such person shall be for a term of | 4966 |
not less than two years and not more than five years. When a | 4967 |
teacher with continuing service status becomes an assistant | 4968 |
superintendent, principal, assistant principal, or other | 4969 |
administrator with the district or service center with which the | 4970 |
teacher holds continuing service status, the teacher retains such | 4971 |
status in the teacher's nonadministrative position as provided in | 4972 |
sections 3319.08 and 3319.09 of the Revised Code. | 4973 |
A board of education or governing board may reemploy an | 4974 |
assistant superintendent, principal, assistant principal, or other | 4975 |
administrator at any regular or special meeting held during the | 4976 |
period beginning on the first day of January of the calendar year | 4977 |
immediately preceding the year of expiration of the employment | 4978 |
contract and ending on the last day of March of the year the | 4979 |
employment contract expires. | 4980 |
Except by mutual agreement of the parties thereto, no | 4981 |
assistant superintendent, principal, assistant principal, or other | 4982 |
administrator shall be transferred during the life of a contract | 4983 |
to a position of lesser responsibility. No contract may be | 4984 |
terminated by a board except pursuant to section 3319.16 of the | 4985 |
Revised Code. No contract may be suspended except pursuant to | 4986 |
section 3319.17 or 3319.171 of the Revised Code. The salaries and | 4987 |
compensation prescribed by such contracts shall not be reduced by | 4988 |
a board unless such reduction is a part of a uniform plan | 4989 |
affecting the entire district or center. The contract shall | 4990 |
specify the employee's administrative position and duties as | 4991 |
included in the job description adopted under division (D) of this | 4992 |
section, the salary and other compensation to be paid for | 4993 |
performance of duties, the number of days to be worked, the number | 4994 |
of days of vacation leave, if any, and any paid holidays in the | 4995 |
contractual year. | 4996 |
An assistant superintendent, principal, assistant principal, | 4997 |
or other administrator is, at the expiration of the current term | 4998 |
of employment, deemed reemployed at the same salary plus any | 4999 |
increments that may be authorized by the board, unless such | 5000 |
employee notifies the board in writing to the contrary on or | 5001 |
before the first day of June, or unless such board, on or before | 5002 |
the last day of March of the year in which the contract of | 5003 |
employment expires, either reemploys such employee for a | 5004 |
succeeding term or gives written notice of its intention not to | 5005 |
reemploy the employee. The term of reemployment of a person | 5006 |
reemployed under this paragraph shall be one year, except that if | 5007 |
such person has been employed by the school district or service | 5008 |
center as an assistant superintendent, principal, assistant | 5009 |
principal, or other administrator for three years or more, the | 5010 |
term of reemployment shall be two years. | 5011 |
(D)(1) Each board shall adopt procedures for the evaluation | 5012 |
of all assistant superintendents, principals, assistant | 5013 |
principals, and other administrators and shall evaluate such | 5014 |
employees in accordance with those procedures. The evaluation | 5015 |
based upon such procedures shall be considered by the board in | 5016 |
deciding whether to renew the contract of employment of an | 5017 |
assistant superintendent, principal, assistant principal, or other | 5018 |
administrator. | 5019 |
(2) The evaluation shall measure each assistant | 5020 |
superintendent's, principal's, assistant principal's, and other | 5021 |
administrator's effectiveness in performing the duties included in | 5022 |
the job description and the evaluation procedures shall provide | 5023 |
for, but not be limited to, the following: | 5024 |
(a) Each assistant superintendent, principal, assistant | 5025 |
principal, and other administrator shall be evaluated annually | 5026 |
through a written evaluation process. | 5027 |
(b) The evaluation shall be conducted by the superintendent | 5028 |
or designee. | 5029 |
(c) In order to provide time to show progress in correcting | 5030 |
the deficiencies identified in the evaluation process, the | 5031 |
evaluation process shall be completed as follows: | 5032 |
(i) In any school year that the employee's contract of | 5033 |
employment is not due to expire, at least one evaluation shall be | 5034 |
completed in that year. A written copy of the evaluation shall be | 5035 |
provided to the employee no later than the end of the employee's | 5036 |
contract year as defined by the employee's annual salary notice. | 5037 |
(ii) In any school year that the employee's contract of | 5038 |
employment is due to expire, at least a preliminary evaluation and | 5039 |
at least a final evaluation shall be completed in that year. A | 5040 |
written copy of the preliminary evaluation shall be provided to | 5041 |
the employee at least sixty days prior to any action by the board | 5042 |
on the employee's contract of employment. The final evaluation | 5043 |
shall indicate the superintendent's intended recommendation to the | 5044 |
board regarding a contract of employment for the employee. A | 5045 |
written copy of the evaluation shall be provided to the employee | 5046 |
at least five days prior to the board's acting to renew or not | 5047 |
renew the contract. | 5048 |
(3) Termination of an assistant superintendent, principal, | 5049 |
assistant principal, or other administrator's contract shall be | 5050 |
pursuant to section 3319.16 of the Revised Code. Suspension of any | 5051 |
such employee shall be pursuant to section 3319.17 or 3319.171 of | 5052 |
the Revised Code. | 5053 |
(4) Before taking action to renew or nonrenew the contract of | 5054 |
an assistant superintendent, principal, assistant principal, or | 5055 |
other administrator under this section and prior to the last day | 5056 |
of March of the year in which such employee's contract expires, | 5057 |
the board shall notify each such employee of the date that the | 5058 |
contract expires and that the employee may request a meeting with | 5059 |
the board. Upon request by such an employee, the board shall grant | 5060 |
the employee a meeting in executive session. In that meeting, the | 5061 |
board shall discuss its reasons for considering renewal or | 5062 |
nonrenewal of the contract. The employee shall be permitted to | 5063 |
have a representative, chosen by the employee, present at the | 5064 |
meeting. | 5065 |
(5) The establishment of an evaluation procedure shall not | 5066 |
create an expectancy of continued employment. Nothing in division | 5067 |
(D) of this section shall prevent a board from making the final | 5068 |
determination regarding the renewal or nonrenewal of the contract | 5069 |
of any assistant superintendent, principal, assistant principal, | 5070 |
or other administrator. However, if a board fails to provide | 5071 |
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this | 5072 |
section, or if the board fails to provide at the request of the | 5073 |
employee a meeting as prescribed in division (D)(4) of this | 5074 |
section, the employee automatically shall be reemployed at the | 5075 |
same salary plus any increments that may be authorized by the | 5076 |
board for a period of one year, except that if the employee has | 5077 |
been employed by the district or service center as an assistant | 5078 |
superintendent, principal, assistant principal, or other | 5079 |
administrator for three years or more, the period of reemployment | 5080 |
shall be for two years. | 5081 |
(E) On nomination of the superintendent of a service center a | 5082 |
governing board may employ supervisors who shall be employed under | 5083 |
written contracts of employment for terms not to exceed five years | 5084 |
each. Such contracts may be terminated by a governing board | 5085 |
pursuant to section 3319.16 of the Revised Code. Any supervisor | 5086 |
employed pursuant to this division may terminate the contract of | 5087 |
employment at the end of any school year after giving the board at | 5088 |
least thirty days' written notice prior to such termination. On | 5089 |
the recommendation of the superintendent the contract or contracts | 5090 |
of any supervisor employed pursuant to this division may be | 5091 |
suspended for the remainder of the term of any such contract | 5092 |
pursuant to section 3319.17 or 3319.171 of the Revised Code. | 5093 |
(F) A board may establish vacation leave for any individuals | 5094 |
employed under this section in accordance with the general leave | 5095 |
policy the board adopts pursuant to section 3319.141 of the | 5096 |
Revised Code. Upon such an individual's separation from | 5097 |
employment, a board that has such leave may compensate such an | 5098 |
individual at the individual's current rate of pay for all | 5099 |
lawfully accrued and unused vacation leave credited at the time of | 5100 |
separation, not to exceed the amount accrued within three years | 5101 |
before the date of separation. In case of the death of an | 5102 |
individual employed under this section, such unused vacation leave | 5103 |
as the board would have paid to the individual upon separation | 5104 |
under this section shall be paid in accordance with section | 5105 |
2113.04 of the Revised Code, or to the estate. | 5106 |
(G) The board of education of any school district may | 5107 |
contract with the governing board of the educational service | 5108 |
center from which it otherwise receives services to conduct | 5109 |
searches and recruitment of candidates for assistant | 5110 |
superintendent, principal, assistant principal, and other | 5111 |
administrator positions authorized under this section. | 5112 |
Sec. 3319.06. (A) The board of education of each city, | 5113 |
exempted village, or local school district may create the position | 5114 |
of internal auditor. Any person employed by the board as an | 5115 |
internal auditor shall hold a valid permit issued under section | 5116 |
4701.10 of the Revised Code to practice as a certified public | 5117 |
accountant or a public accountant. | 5118 |
(B) The board shall execute a written contract of employment | 5119 |
with each internal auditor it employs. The contract shall specify | 5120 |
the internal auditor's duties | 5121 |
to be paid for performance of those duties | 5122 |
be worked, the number of days of vacation leave, if any, that the | 5123 |
internal auditor receives under the general leave policy the board | 5124 |
adopts pursuant to section 3319.141 of the Revised Code; and any | 5125 |
paid holidays in the contractual year. The salary and other | 5126 |
compensation prescribed by the contract may be increased by the | 5127 |
board during the term of the contract but shall not be reduced | 5128 |
during that term unless such reduction is part of a uniform plan | 5129 |
affecting employees of the entire district. The term of the | 5130 |
initial contract shall not exceed three years. Any renewal of the | 5131 |
contract shall be for a term of not less than two years and not | 5132 |
more than five years. | 5133 |
The internal auditor shall be directly responsible to the | 5134 |
board for the performance of all duties outlined in the contract. | 5135 |
If the board does not intend to renew the contract upon its | 5136 |
expiration, the board shall provide written notice to the internal | 5137 |
auditor of its intention not to renew the contract not later than | 5138 |
the last day of March of the year in which the contract expires. | 5139 |
If the board does not provide such notice by that date, the | 5140 |
internal auditor shall be deemed reemployed for a term of one year | 5141 |
at the same salary plus any increments that may be authorized by | 5142 |
the board. Termination of an internal auditor's contract shall be | 5143 |
pursuant to section 3319.16 of the Revised Code. | 5144 |
(C) Each board that employs an internal auditor shall adopt | 5145 |
procedures for the evaluation of the internal auditor and shall | 5146 |
evaluate the internal auditor in accordance with those procedures. | 5147 |
The evaluation based upon the procedures shall be considered by | 5148 |
the board in deciding whether to renew the internal auditor's | 5149 |
contract of employment. The establishment of an evaluation | 5150 |
procedure shall not create an expectancy of continued employment. | 5151 |
Nothing in this section shall prevent the board from making the | 5152 |
final determination regarding the renewal or nonrenewal of the | 5153 |
contract of an internal auditor. | 5154 |
Sec. 3319.08. (A) The board of education of each city, | 5155 |
exempted village, local, and joint vocational school district and | 5156 |
the governing board of each educational service center shall enter | 5157 |
into written contracts for the employment and reemployment of all | 5158 |
teachers. Contracts for the employment of teachers shall be of two | 5159 |
types, limited contracts and continuing contracts. The board of | 5160 |
each school district or service center that authorizes | 5161 |
compensation | 5162 |
5163 | |
teacher that are in addition to the teacher's regular teaching | 5164 |
duties, shall enter into a supplemental written contract with each | 5165 |
teacher who is to perform additional duties. Such supplemental | 5166 |
written contracts shall be limited contracts. Such written | 5167 |
contracts and supplemental written contracts shall set forth the | 5168 |
teacher's duties and shall specify the salaries and compensation | 5169 |
to be paid for regular teaching duties and additional teaching | 5170 |
duties, respectively, either or both of which may be increased but | 5171 |
not diminished during the term for which the contract is made, | 5172 |
except as provided in section 3319.12 of the Revised Code. | 5173 |
If a board adopts a motion or resolution to employ a teacher | 5174 |
under a limited or continuing contract and the teacher accepts | 5175 |
such employment, the failure of such parties to execute a written | 5176 |
contract shall not void such employment contract. | 5177 |
(B) Teachers must be paid for all time lost when the schools | 5178 |
in which they are employed are closed due to an epidemic or other | 5179 |
public calamity, and for time lost due to illness or otherwise for | 5180 |
not less than five days annually as authorized by regulations | 5181 |
which each board shall adopt. | 5182 |
(C) A limited contract is: | 5183 |
(1) For a superintendent, a contract for such term as | 5184 |
authorized by section 3319.01 of the Revised Code; | 5185 |
(2) For an assistant superintendent, principal, assistant | 5186 |
principal, or other administrator, a contract for such term as | 5187 |
authorized by section 3319.02 of the Revised Code; | 5188 |
(3) For a classroom teacher, in the case of a contract | 5189 |
entered into prior to the effective date of this amendment, a term | 5190 |
not to exceed five years; | 5191 |
(4) For a classroom teacher, in the case of a contract | 5192 |
entered into on or after the effective date of this amendment, a | 5193 |
term as authorized in division (D) of this section. | 5194 |
(5) For all other teachers, a contract for a term not to | 5195 |
exceed five years. | 5196 |
(D) The term of an initial limited contract for a classroom | 5197 |
teacher described in division (C)(4) of this section shall not | 5198 |
exceed three years. Any subsequent limited contract entered into | 5199 |
with that classroom teacher shall be for a term of not less than | 5200 |
two years and not more than five years. | 5201 |
(E) A continuing contract is a contract that remains in | 5202 |
effect until the teacher resigns, elects to retire, or is retired | 5203 |
pursuant to former section 3307.37 of the Revised Code, or until | 5204 |
it is terminated or suspended and shall be granted only to the | 5205 |
following: | 5206 |
(1) Any teacher holding a professional, permanent, or life | 5207 |
teacher's certificate; | 5208 |
(2) Any teacher who | 5209 |
to the effective date of this amendment: | 5210 |
(a) The teacher was initially issued a teacher's certificate | 5211 |
or educator license prior to January 1, 2011. | 5212 |
(b) The teacher | 5213 |
issued under section 3319.22 or 3319.222 or former section 3319.22 | 5214 |
of the Revised Code or a senior professional educator license or | 5215 |
lead professional educator license issued under section 3319.22 of | 5216 |
the Revised Code. | 5217 |
(c) The teacher | 5218 |
following: | 5219 |
(i) If the teacher did not hold a master's degree at the time | 5220 |
of initially receiving a teacher's certificate under former law or | 5221 |
an educator license, thirty semester hours of coursework in the | 5222 |
area of licensure or in an area related to the teaching field | 5223 |
since the initial issuance of such certificate or license, as | 5224 |
specified in rules which the state board of education shall adopt; | 5225 |
(ii) If the teacher held a master's degree at the time of | 5226 |
initially receiving a teacher's certificate under former law or an | 5227 |
educator license, six semester hours of graduate coursework in the | 5228 |
area of licensure or in an area related to the teaching field | 5229 |
since the initial issuance of such certificate or license, as | 5230 |
specified in rules which the state board shall adopt. | 5231 |
| 5232 |
| 5233 |
5234 |
( | 5235 |
5236 | |
5237 |
| 5238 |
5239 |
| 5240 |
5241 |
| 5242 |
5243 | |
5244 | |
5245 | |
5246 |
| 5247 |
5248 | |
5249 | |
5250 | |
5251 |
| 5252 |
continuing contracts entered into on or after | 5253 |
5254 | |
section by S.B. 5 of the 129th general assembly. Nothing in that | 5255 |
division shall be construed to void or otherwise affect a | 5256 |
continuing contract entered into prior to that date. | 5257 |
Notwithstanding any provision to the contrary in Chapter | 5258 |
4117. of the Revised Code | 5259 |
(1) The requirements of division | 5260 |
as it existed prior to the effective date of this amendment, | 5261 |
prevail over any conflicting provisions of a collective bargaining | 5262 |
agreement entered into | 5263 |
5264 |
(2) The requirements of division (E) of this section, as it | 5265 |
exists on and after the effective date of this amendment, prevail | 5266 |
over any conflicting provisions of a collective bargaining | 5267 |
agreement entered into on or after that effective date. | 5268 |
| 5269 |
section without reference to a specific type of educator license, | 5270 |
the term does not include an educator license for substitute | 5271 |
teaching issued under section 3319.226 of the Revised Code. | 5272 |
Sec. 3319.084. In all school districts each full-time | 5273 |
nonteaching school employee including full-time hourly-rate and | 5274 |
per diem employees | 5275 |
5276 | |
5277 | |
vacation leave with full pay | 5278 |
5279 | |
5280 | |
5281 | |
5282 | |
5283 | |
board of education | 5284 |
5285 | |
5286 | |
section 3319.141 of the Revised Code. | 5287 |
Upon separation from employment a nonteaching school employee | 5288 |
shall be entitled to compensation at | 5289 |
employee's current rate of pay for all lawfully accrued and unused | 5290 |
vacation leave to | 5291 |
the time of separation, not to exceed the vacation leave accrued | 5292 |
to | 5293 |
immediately preceding | 5294 |
5295 | |
leave for the current year. In case of the death of a non-teaching | 5296 |
school employee such accrued and unused vacation leave and | 5297 |
prorated portion for the current year shall be paid in accordance | 5298 |
with section 2113.04 of the Revised Code, or to | 5299 |
nonteaching school employee's estate. | 5300 |
For the purposes of this section, a full-time employee is a | 5301 |
person who is in service for not less than eleven months in each | 5302 |
calendar year. A board of education may establish vacation leave | 5303 |
for employees who are in service less than eleven months in each | 5304 |
calendar year in accordance with the general leave policy the | 5305 |
board adopts pursuant to section 3319.141 of the Revised Code. | 5306 |
Sec. 3319.085. Any nonteaching school employee who, | 5307 |
subsequent to September 1, 1962, has left, or leaves, the employ | 5308 |
of a board of education for the purpose of entering on extended | 5309 |
active duty in the armed services of the United States or the | 5310 |
auxiliaries thereof, and within eight weeks enters such service | 5311 |
and who has returned, or returns, from such service with an | 5312 |
honorable discharge or certificate of service shall be re-employed | 5313 |
by the board of education of the district in which | 5314 |
nonteaching school employee held such school position, under the | 5315 |
same type of contract as that which | 5316 |
employee last held in such district, if such nonteaching school | 5317 |
employee applies, within ninety days after such discharge, to such | 5318 |
board of education for re-employment. Upon such application, such | 5319 |
nonteaching school employee shall be re-employed at the first of | 5320 |
the next school semester, if such application is made not less | 5321 |
than thirty days prior to the first of such next school semester, | 5322 |
in which case such nonteaching school employee shall be | 5323 |
re-employed the first of the following school semester, unless the | 5324 |
board of education waives the requirement for such thirty-day | 5325 |
period. | 5326 |
For the purposes of seniority | 5327 |
5328 | |
services of the United States or the auxiliaries thereof shall not | 5329 |
exceed four, and shall be counted as though school service had | 5330 |
been performed during such time. | 5331 |
The board of education of this district in which such | 5332 |
nonteaching school employee was employed and is re-employed under | 5333 |
this section may suspend the contract of the nonteaching school | 5334 |
employee whose services become unnecessary by reason of the return | 5335 |
of a nonteaching school employee from service in the armed | 5336 |
services or auxiliaries thereof. | 5337 |
Sec. 3319.088. As used in this section, "educational | 5338 |
assistant" means any nonteaching employee in a school district who | 5339 |
directly assists a teacher as defined in section 3319.09 of the | 5340 |
Revised Code, by performing duties for which a license issued | 5341 |
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not | 5342 |
required. | 5343 |
(A) The state board of education shall issue educational aide | 5344 |
permits and educational paraprofessional licenses for educational | 5345 |
assistants and shall adopt rules for the issuance and renewal of | 5346 |
such permits and licenses which shall be consistent with the | 5347 |
provisions of this section. Educational aide permits and | 5348 |
educational paraprofessional licenses may be of several types and | 5349 |
the rules shall prescribe the minimum qualifications of education, | 5350 |
health, and character for the service to be authorized under each | 5351 |
type. The prescribed minimum qualifications may require special | 5352 |
training or educational courses designed to qualify a person to | 5353 |
perform effectively the duties authorized under an educational | 5354 |
aide permit or educational paraprofessional license. | 5355 |
(B)(1) Any application for a permit or license, or a renewal | 5356 |
or duplicate of a permit or license, under this section shall be | 5357 |
accompanied by the payment of a fee in the amount established | 5358 |
under division (A) of section 3319.51 of the Revised Code. Any | 5359 |
fees received under this division shall be paid into the state | 5360 |
treasury to the credit of the state board of education licensure | 5361 |
fund established under division (B) of section 3319.51 of the | 5362 |
Revised Code. | 5363 |
(2) Any person applying for or holding a permit or license | 5364 |
pursuant to this section is subject to sections 3123.41 to 3123.50 | 5365 |
of the Revised Code and any applicable rules adopted under section | 5366 |
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of | 5367 |
the Revised Code. | 5368 |
(C) Educational assistants shall at all times while in the | 5369 |
performance of their duties be under the supervision and direction | 5370 |
of a teacher as defined in section 3319.09 of the Revised Code. | 5371 |
Educational assistants may assist a teacher to whom assigned in | 5372 |
the supervision of pupils, in assisting with instructional tasks, | 5373 |
and in the performance of duties which, in the judgment of the | 5374 |
teacher to whom the assistant is assigned, may be performed by a | 5375 |
person not licensed pursuant to sections 3319.22 to 3319.30 of the | 5376 |
Revised Code and for which a teaching license, issued pursuant to | 5377 |
sections 3319.22 to 3319.30 of the Revised Code is not required. | 5378 |
The duties of an educational assistant shall not include the | 5379 |
assignment of grades to pupils. The duties of an educational | 5380 |
assistant need not be performed in the physical presence of the | 5381 |
teacher to whom assigned, but the activity of an educational | 5382 |
assistant shall at all times be under the direction of the teacher | 5383 |
to whom assigned. The assignment of an educational assistant need | 5384 |
not be limited to assisting a single teacher. In the event an | 5385 |
educational assistant is assigned to assist more than one teacher | 5386 |
the assignments shall be clearly delineated and so arranged that | 5387 |
the educational assistant shall never be subject to simultaneous | 5388 |
supervision or direction by more than one teacher. | 5389 |
Educational assistants assigned to supervise children shall, | 5390 |
when the teacher to whom assigned is not physically present, | 5391 |
maintain the degree of control and discipline that would be | 5392 |
maintained by the teacher. | 5393 |
Educational assistants may not be used in place of classroom | 5394 |
teachers or other employees and any payment of compensation by | 5395 |
boards of education to educational assistants for such services is | 5396 |
prohibited. The ratio between the number of licensed teachers and | 5397 |
the pupils in a school district may not be decreased by | 5398 |
utilization of educational assistants and no grouping, or other | 5399 |
organization of pupils, for utilization of educational assistants | 5400 |
shall be established which is inconsistent with sound educational | 5401 |
practices and procedures. A school district may employ up to one | 5402 |
full time equivalent educational assistant for each six full time | 5403 |
equivalent licensed employees of the district. Educational | 5404 |
assistants shall not be counted as licensed employees for purposes | 5405 |
of state support in the school foundation program and no grouping | 5406 |
or regrouping of pupils with educational assistants may be counted | 5407 |
as a class or unit for school foundation program purposes. Neither | 5408 |
special courses required by the regulations of the state board of | 5409 |
education, prescribing minimum qualifications of education for an | 5410 |
educational assistant, nor years of service as an educational | 5411 |
assistant shall be counted in any way toward qualifying for a | 5412 |
teacher license | 5413 |
5414 | |
5415 |
(D) Educational assistants employed by a board of education | 5416 |
shall have all rights, benefits, and legal protection available to | 5417 |
other nonteaching employees in the school district, except that | 5418 |
provisions of Chapter 124. of the Revised Code shall not apply to | 5419 |
any person employed as an educational assistant, and shall be | 5420 |
members of the school employees retirement system. Educational | 5421 |
assistants shall be compensated according to a salary plan adopted | 5422 |
annually by the board. | 5423 |
Except as provided in this section nonteaching employees | 5424 |
shall not serve as educational assistants without first obtaining | 5425 |
an appropriate educational aide permit or educational | 5426 |
paraprofessional license from the state board of education. A | 5427 |
nonteaching employee who is the holder of a valid educational aide | 5428 |
permit or educational paraprofessional license shall neither | 5429 |
render nor be required to render services inconsistent with the | 5430 |
type of services authorized by the permit or license held. No | 5431 |
person shall receive compensation from a board of education for | 5432 |
services rendered as an educational assistant in violation of this | 5433 |
provision. | 5434 |
Nonteaching employees whose functions are solely | 5435 |
secretarial-clerical and who do not perform any other duties as | 5436 |
educational assistants, even though they assist a teacher and work | 5437 |
under the direction of a teacher shall not be required to hold a | 5438 |
permit or license issued pursuant to this section. Students | 5439 |
preparing to become licensed teachers or educational assistants | 5440 |
shall not be required to hold an educational aide permit or | 5441 |
paraprofessional license for such periods of time as such students | 5442 |
are assigned, as part of their training program, to work with a | 5443 |
teacher in a school district. Such students shall not be | 5444 |
compensated for such services. | 5445 |
Following the determination of the assignment and general job | 5446 |
description of an educational assistant and subject to supervision | 5447 |
by the teacher's immediate administrative officer, a teacher to | 5448 |
whom an educational assistant is assigned shall make all final | 5449 |
determinations of the duties to be assigned to such assistant. | 5450 |
Teachers shall not be required to hold a license designated for | 5451 |
being a supervisor or administrator in order to perform the | 5452 |
necessary supervision of educational assistants. | 5453 |
(E) No person who is, or who has been employed as an | 5454 |
educational assistant shall divulge, except to the teacher to whom | 5455 |
assigned, or the administrator of the school in the absence of the | 5456 |
teacher to whom assigned, or when required to testify in a court | 5457 |
or proceedings, any personal information concerning any pupil in | 5458 |
the school district which was obtained or obtainable by the | 5459 |
educational assistant while so employed. Violation of this | 5460 |
provision is grounds for disciplinary action or dismissal, or | 5461 |
both. | 5462 |
Sec. 3319.09. As used in sections 3319.08 to 3319.18, | 5463 |
inclusive, of the Revised Code: | 5464 |
(A) "Teacher" means all persons licensed to teach and who are | 5465 |
employed in the public schools of this state as instructors, | 5466 |
principals, supervisors, superintendents, or in any other | 5467 |
educational position for which the state board of education | 5468 |
requires licensure under sections 3319.22 to 3319.31 of the | 5469 |
Revised Code including persons having a license issued pursuant to | 5470 |
sections 3319.22 to 3319.31 of the Revised Code and employed in an | 5471 |
educational position, as determined by the state board of | 5472 |
education, under programs provided for by federal acts or | 5473 |
regulations and financed in whole or in part from federal funds, | 5474 |
but for which no licensure requirements for the position can be | 5475 |
made under the provisions of such federal acts or regulations. | 5476 |
(B) "Year" as applied to term of service means actual service | 5477 |
of not less than one hundred twenty days within a school year; | 5478 |
provided that any board of education may grant a leave of absence | 5479 |
for professional advancement with full credit for service in | 5480 |
accordance with the general leave policy the board adopts pursuant | 5481 |
to section 3319.141 of the Revised Code, if applicable. | 5482 |
(C) "Continuing service status" for a teacher means | 5483 |
employment under a continuing contract. | 5484 |
Sec. 3319.10. Teachers may be employed as substitute | 5485 |
teachers for terms not to exceed one year for assignment as | 5486 |
services are needed to take the place of regular teachers absent | 5487 |
on account of illness or on leaves of absence or to fill | 5488 |
temporarily positions created by emergencies; such assignment to | 5489 |
be subject to termination when such services no longer are needed. | 5490 |
A teacher employed as a substitute with an assignment to one | 5491 |
specific teaching position shall after sixty days of service be | 5492 |
granted sick leave, visiting days, and other local privileges | 5493 |
granted to regular teachers including a salary | 5494 |
5495 | |
performance as described in section 3317.13 of the Revised Code | 5496 |
and in accordance with the general leave policy the board of | 5497 |
education or governing board of an educational service center that | 5498 |
employs the teacher adopts pursuant to section 3319.141 of the | 5499 |
Revised Code. | 5500 |
A teacher employed as a substitute for one hundred twenty | 5501 |
days or more during a school year and re-employed for or assigned | 5502 |
to a specific teaching position for the succeeding year shall | 5503 |
receive a contract as a regular teacher if the substitute meets | 5504 |
the local educational requirements for the employment of regular | 5505 |
teachers. | 5506 |
Teachers employed as substitutes on a casual or day-to-day | 5507 |
basis shall not be entitled to the notice of nonre-employment | 5508 |
prescribed in section 3319.11 of the Revised Code, but boards of | 5509 |
education may grant such teachers sick leave and other local | 5510 |
privileges in accordance with the general leave policy the board | 5511 |
adopts pursuant to section 3319.141 of the Revised Code and | 5512 |
cumulate such service in determining seniority. | 5513 |
For purposes of determining in any school year the days of | 5514 |
service of a substitute teacher under this section, any teacher's | 5515 |
days of service in that school year while conditionally employed | 5516 |
as a substitute teacher under section 3319.101 of the Revised Code | 5517 |
shall count as days of service as a substitute teacher under this | 5518 |
section. | 5519 |
Sec. 3319.11. (A) As used in this section: | 5520 |
(1) "Evaluation procedures" means the procedures adopted | 5521 |
pursuant to division (B) of section 3319.111 of the Revised Code. | 5522 |
(2) "Limited contract" means a limited contract, as described | 5523 |
in section 3319.08 of the Revised Code, that a school district | 5524 |
board of education or governing board of an educational service | 5525 |
center enters into with a teacher who is not eligible for | 5526 |
continuing service status. | 5527 |
(3) "Extended limited contract" means a limited contract, as | 5528 |
described in section 3319.08 of the Revised Code, that a board of | 5529 |
education or governing board enters into with a teacher who is | 5530 |
eligible for continuing service status. | 5531 |
(B) Teachers eligible for continuing service status in any | 5532 |
city, exempted village, local, or joint vocational school district | 5533 |
or educational service center shall be those teachers qualified as | 5534 |
described in division | 5535 |
Code, who within the | 5536 |
of this amendment have taught for at least three years in the | 5537 |
district or center, and those teachers who, having attained | 5538 |
continuing contract status elsewhere, have served two years in the | 5539 |
district or center, but the board, upon the recommendation of the | 5540 |
superintendent, may at the time of employment or at any time | 5541 |
within such two-year period, declare any of the latter teachers | 5542 |
eligible. Notwithstanding any provision to the contrary in Chapter | 5543 |
4117. of the Revised Code, the requirements of this paragraph | 5544 |
prevail over any conflicting provisions of a collective bargaining | 5545 |
agreement entered into on or after the effective date of this | 5546 |
amendment. | 5547 |
(1) Upon the recommendation of the superintendent that a | 5548 |
teacher eligible for continuing service status be reemployed, a | 5549 |
continuing contract shall be entered into between the board and | 5550 |
the teacher unless the board by a three-fourths vote of its full | 5551 |
membership rejects the recommendation of the superintendent. If | 5552 |
the board rejects by a three-fourths vote of its full membership | 5553 |
the recommendation of the superintendent that a teacher eligible | 5554 |
for continuing service status be reemployed and the superintendent | 5555 |
makes no recommendation to the board pursuant to division (C) of | 5556 |
this section, the board may declare its intention not to reemploy | 5557 |
the teacher by giving the teacher written notice on or before the | 5558 |
thirtieth day of April of its intention not to reemploy the | 5559 |
teacher. If evaluation procedures have not been complied with | 5560 |
pursuant to division (A) of section 3319.111 of the Revised Code | 5561 |
or the board does not give the teacher written notice on or before | 5562 |
the thirtieth day of April of its intention not to reemploy the | 5563 |
teacher, the teacher is deemed reemployed under an extended | 5564 |
limited contract for a term not to exceed one year at the same | 5565 |
salary | 5566 |
teacher is presumed to have accepted employment under the extended | 5567 |
limited contract for a term not to exceed one year unless such | 5568 |
teacher notifies the board in writing to the contrary on or before | 5569 |
the first day of June, and an extended limited contract for a term | 5570 |
not to exceed one year shall be executed accordingly. Upon any | 5571 |
subsequent reemployment of the teacher only a continuing contract | 5572 |
may be entered into. | 5573 |
(2) If the superintendent recommends that a teacher eligible | 5574 |
for continuing service status not be reemployed, the board may | 5575 |
declare its intention not to reemploy the teacher by giving the | 5576 |
teacher written notice on or before the thirtieth day of April of | 5577 |
its intention not to reemploy the teacher. If evaluation | 5578 |
procedures have not been complied with pursuant to division (A) of | 5579 |
section 3319.111 of the Revised Code or the board does not give | 5580 |
the teacher written notice on or before the thirtieth day of April | 5581 |
of its intention not to reemploy the teacher, the teacher is | 5582 |
deemed reemployed under an extended limited contract for a term | 5583 |
not to exceed one year at the same salary | 5584 |
5585 | |
accepted employment under the extended limited contract for a term | 5586 |
not to exceed one year unless such teacher notifies the board in | 5587 |
writing to the contrary on or before the first day of June, and an | 5588 |
extended limited contract for a term not to exceed one year shall | 5589 |
be executed accordingly. Upon any subsequent reemployment of a | 5590 |
teacher only a continuing contract may be entered into. | 5591 |
(3) Any teacher receiving written notice of the intention of | 5592 |
a board not to reemploy such teacher pursuant to this division is | 5593 |
entitled to the hearing provisions of division (G) of this | 5594 |
section. | 5595 |
(C)(1) If a board rejects the recommendation of the | 5596 |
superintendent for reemployment of a teacher pursuant to division | 5597 |
(B)(1) of this section, the superintendent may recommend | 5598 |
reemployment of the teacher, if continuing service status has not | 5599 |
previously been attained elsewhere, under an extended limited | 5600 |
contract for a term not to exceed two years, provided that written | 5601 |
notice of the superintendent's intention to make such | 5602 |
recommendation has been given to the teacher with reasons directed | 5603 |
at the professional improvement of the teacher on or before the | 5604 |
thirtieth day of April. Upon subsequent reemployment of the | 5605 |
teacher only a continuing contract may be entered into. | 5606 |
(2) If a board of education takes affirmative action on a | 5607 |
superintendent's recommendation, made pursuant to division (C)(1) | 5608 |
of this section, of an extended limited contract for a term not to | 5609 |
exceed two years but the board does not give the teacher written | 5610 |
notice of its affirmative action on the superintendent's | 5611 |
recommendation of an extended limited contract on or before the | 5612 |
thirtieth day of April, the teacher is deemed reemployed under a | 5613 |
continuing contract at the same salary | 5614 |
5615 | |
employment under such continuing contract unless such teacher | 5616 |
notifies the board in writing to the contrary on or before the | 5617 |
first day of June, and a continuing contract shall be executed | 5618 |
accordingly. | 5619 |
(3) A board shall not reject a superintendent's | 5620 |
recommendation, made pursuant to division (C)(1) of this section, | 5621 |
of an extended limited contract for a term not to exceed two years | 5622 |
except by a three-fourths vote of its full membership. If a board | 5623 |
rejects by a three-fourths vote of its full membership the | 5624 |
recommendation of the superintendent of an extended limited | 5625 |
contract for a term not to exceed two years, the board may declare | 5626 |
its intention not to reemploy the teacher by giving the teacher | 5627 |
written notice on or before the thirtieth day of April of its | 5628 |
intention not to reemploy the teacher. If evaluation procedures | 5629 |
have not been complied with pursuant to division (A) of section | 5630 |
3319.111 of the Revised Code or if the board does not give the | 5631 |
teacher written notice on or before the thirtieth day of April of | 5632 |
its intention not to reemploy the teacher, the teacher is deemed | 5633 |
reemployed under an extended limited contract for a term not to | 5634 |
exceed one year at the same salary | 5635 |
5636 | |
employment under the extended limited contract for a term not to | 5637 |
exceed one year unless such teacher notifies the board in writing | 5638 |
to the contrary on or before the first day of June, and an | 5639 |
extended limited contract for a term not to exceed one year shall | 5640 |
be executed accordingly. Upon any subsequent reemployment of the | 5641 |
teacher only a continuing contract may be entered into. | 5642 |
Any teacher receiving written notice of the intention of a | 5643 |
board not to reemploy such teacher pursuant to this division is | 5644 |
entitled to the hearing provisions of division (G) of this | 5645 |
section. | 5646 |
(D) A teacher eligible for continuing contract status | 5647 |
employed under an extended limited contract pursuant to division | 5648 |
(B) or (C) of this section, is, at the expiration of such extended | 5649 |
limited contract, deemed reemployed under a continuing contract at | 5650 |
the same salary | 5651 |
unless evaluation procedures have been complied with pursuant to | 5652 |
division (A) of section 3319.111 of the Revised Code and the | 5653 |
employing board, acting on the superintendent's recommendation | 5654 |
that the teacher not be reemployed, gives the teacher written | 5655 |
notice on or before the thirtieth day of April of its intention | 5656 |
not to reemploy such teacher. A teacher who does not have | 5657 |
evaluation procedures applied in compliance with division (A) of | 5658 |
section 3319.111 of the Revised Code or who does not receive | 5659 |
notice on or before the thirtieth day of April of the intention of | 5660 |
the board not to reemploy such teacher is presumed to have | 5661 |
accepted employment under a continuing contract unless such | 5662 |
teacher notifies the board in writing to the contrary on or before | 5663 |
the first day of June, and a continuing contract shall be executed | 5664 |
accordingly. | 5665 |
Any teacher receiving a written notice of the intention of a | 5666 |
board not to reemploy such teacher pursuant to this division is | 5667 |
entitled to the hearing provisions of division (G) of this | 5668 |
section. | 5669 |
(E) | 5670 |
5671 | |
5672 | |
5673 | |
each teacher employed by the board who is not eligible to be | 5674 |
considered for a continuing contract. | 5675 |
Any teacher employed under a limited contract, and not | 5676 |
eligible to be considered for a continuing contract, is, at the | 5677 |
expiration of such limited contract, considered reemployed under | 5678 |
the provisions of this division at the same salary | 5679 |
5680 | |
procedures have been complied with pursuant to division (A) of | 5681 |
section 3319.111 of the Revised Code and the employing board, | 5682 |
acting upon the superintendent's written recommendation that the | 5683 |
teacher not be reemployed, gives such teacher written notice of | 5684 |
its intention not to reemploy such teacher on or before the | 5685 |
thirtieth day of April. A teacher who does not have evaluation | 5686 |
procedures applied in compliance with division (A) of section | 5687 |
3319.111 of the Revised Code or who does not receive notice of the | 5688 |
intention of the board not to reemploy such teacher on or before | 5689 |
the thirtieth day of April is presumed to have accepted such | 5690 |
employment unless such teacher notifies the board in writing to | 5691 |
the contrary on or before the first day of June, and a written | 5692 |
contract for the succeeding school year shall be executed | 5693 |
accordingly. | 5694 |
Any teacher receiving a written notice of the intention of a | 5695 |
board not to reemploy such teacher pursuant to this division is | 5696 |
entitled to the hearing provisions of division (G) of this | 5697 |
section. | 5698 |
(F) The failure of a superintendent to make a recommendation | 5699 |
to the board under any of the conditions set forth in divisions | 5700 |
(B) to (E) of this section, or the failure of the board to give | 5701 |
such teacher a written notice pursuant to divisions (C) to (E) of | 5702 |
this section shall not prejudice or prevent a teacher from being | 5703 |
deemed reemployed under either a limited or continuing contract as | 5704 |
the case may be under the provisions of this section. A failure of | 5705 |
the parties to execute a written contract shall not void any | 5706 |
automatic reemployment provisions of this section. | 5707 |
(G)(1) Any teacher receiving written notice of the intention | 5708 |
of a board of education not to reemploy such teacher pursuant to | 5709 |
division (B), (C)(3), (D), or (E) of this section may, within ten | 5710 |
days of the date of receipt of the notice, file with the treasurer | 5711 |
of the board a written demand for a written statement describing | 5712 |
the circumstances that led to the board's intention not to | 5713 |
reemploy the teacher. | 5714 |
(2) The treasurer of a board, on behalf of the board, shall, | 5715 |
within ten days of the date of receipt of a written demand for a | 5716 |
written statement pursuant to division (G)(1) of this section, | 5717 |
provide to the teacher a written statement describing the | 5718 |
circumstances that led to the board's intention not to reemploy | 5719 |
the teacher. | 5720 |
(3) Any teacher receiving a written statement describing the | 5721 |
circumstances that led to the board's intention not to reemploy | 5722 |
the teacher pursuant to division (G)(2) of this section may, | 5723 |
within five days of the date of receipt of the statement, file | 5724 |
with the treasurer of the board a written demand for a hearing | 5725 |
before the board pursuant to divisions (G)(4) to (6) of this | 5726 |
section. | 5727 |
(4) The treasurer of a board, on behalf of the board, shall, | 5728 |
within ten days of the date of receipt of a written demand for a | 5729 |
hearing pursuant to division (G)(3) of this section, provide to | 5730 |
the teacher a written notice setting forth the time, date, and | 5731 |
place of the hearing. The board shall schedule and conclude the | 5732 |
hearing within forty days of the date on which the treasurer of | 5733 |
the board receives a written demand for a hearing pursuant to | 5734 |
division (G)(3) of this section. | 5735 |
(5) Any hearing conducted pursuant to this division shall be | 5736 |
conducted by a majority of the members of the board. The hearing | 5737 |
shall be held in executive session of the board unless the board | 5738 |
and the teacher agree to hold the hearing in public. The | 5739 |
superintendent, assistant superintendent, the teacher, and any | 5740 |
person designated by either party to take a record of the hearing | 5741 |
may be present at the hearing. The board may be represented by | 5742 |
counsel and the teacher may be represented by counsel or a | 5743 |
designee. A record of the hearing may be taken by either party at | 5744 |
the expense of the party taking the record. | 5745 |
(6) Within ten days of the conclusion of a hearing conducted | 5746 |
pursuant to this division, the board shall issue to the teacher a | 5747 |
written decision containing an order affirming the intention of | 5748 |
the board not to reemploy the teacher reported in the notice given | 5749 |
to the teacher pursuant to division (B), (C)(3), (D), or (E) of | 5750 |
this section or an order vacating the intention not to reemploy | 5751 |
and expunging any record of the intention, notice of the | 5752 |
intention, and the hearing conducted pursuant to this division. | 5753 |
(7) A teacher may appeal an order affirming the intention of | 5754 |
the board not to reemploy the teacher to the court of common pleas | 5755 |
of the county in which the largest portion of the territory of the | 5756 |
school district or service center is located, within thirty days | 5757 |
of the date on which the teacher receives the written decision, on | 5758 |
the grounds that the board has not complied with this section or | 5759 |
section 3319.111 of the Revised Code. | 5760 |
Notwithstanding section 2506.04 of the Revised Code, the | 5761 |
court in an appeal under this division is limited to the | 5762 |
determination of procedural errors and to ordering the correction | 5763 |
of procedural errors and shall have no jurisdiction to order a | 5764 |
board to reemploy a teacher, except that the court may order a | 5765 |
board to reemploy a teacher in compliance with the requirements of | 5766 |
division (B), (C)(3), (D), or (E) of this section when the court | 5767 |
determines that evaluation procedures have not been complied with | 5768 |
pursuant to division (A) of section 3319.111 of the Revised Code | 5769 |
or the board has not given the teacher written notice on or before | 5770 |
the thirtieth day of April of its intention not to reemploy the | 5771 |
teacher pursuant to division (B), (C)(3), (D), or (E) of this | 5772 |
section. Otherwise, the determination whether to reemploy or not | 5773 |
reemploy a teacher is solely a board's determination and not a | 5774 |
proper subject of judicial review and, except as provided in this | 5775 |
division, no decision of a board whether to reemploy or not | 5776 |
reemploy a teacher shall be invalidated by the court on any basis, | 5777 |
including that the decision was not warranted by the results of | 5778 |
any evaluation or was not warranted by any statement given | 5779 |
pursuant to division (G)(2) of this section. | 5780 |
No appeal of an order of a board may be made except as | 5781 |
specified in this division. | 5782 |
(H)(1) In giving a teacher any notice required by division | 5783 |
(B), (C), (D), or (E) of this section, the board or the | 5784 |
superintendent shall do either of the following: | 5785 |
(a) Deliver the notice by personal service upon the teacher; | 5786 |
(b) Deliver the notice by certified mail, return receipt | 5787 |
requested, addressed to the teacher at the teacher's place of | 5788 |
employment and deliver a copy of the notice by certified mail, | 5789 |
return receipt requested, addressed to the teacher at the | 5790 |
teacher's place of residence. | 5791 |
(2) In giving a board any notice required by division (B), | 5792 |
(C), (D), or (E) of this section, the teacher shall do either of | 5793 |
the following: | 5794 |
(a) Deliver the notice by personal delivery to the office of | 5795 |
the superintendent during regular business hours; | 5796 |
(b) Deliver the notice by certified mail, return receipt | 5797 |
requested, addressed to the office of the superintendent and | 5798 |
deliver a copy of the notice by certified mail, return receipt | 5799 |
requested, addressed to the president of the board at the | 5800 |
president's place of residence. | 5801 |
(3) When any notice and copy of the notice are mailed | 5802 |
pursuant to division (H)(1)(b) or (2)(b) of this section, the | 5803 |
notice or copy of the notice with the earlier date of receipt | 5804 |
shall constitute the notice for the purposes of division (B), (C), | 5805 |
(D), or (E) of this section. | 5806 |
(I) The provisions of this section shall not apply to any | 5807 |
supplemental written contracts entered into pursuant to section | 5808 |
3319.08 of the Revised Code. | 5809 |
Sec. 3319.13. Upon the written request of a teacher or a | 5810 |
regular nonteaching school employee, a board of education may | 5811 |
grant a leave of absence | 5812 |
5813 | |
policy the board adopts pursuant to section 3319.141 of the | 5814 |
Revised Code for educational, professional, or other purposes, and | 5815 |
shall grant such leave in accordance with the board's general | 5816 |
leave policy where illness or other disability is the reason for | 5817 |
the request. Upon subsequent request, such leave may be renewed by | 5818 |
the board in accordance with the board's general leave policy. | 5819 |
Without request, a board may grant similar leave of absence and | 5820 |
renewals thereof in accordance with the board's general leave | 5821 |
policy to any teacher or regular nonteaching school employee | 5822 |
because of physical or mental disability, but such teacher may | 5823 |
have a hearing on such unrequested leave of absence or its | 5824 |
renewals in accordance with section 3319.16 of the Revised Code, | 5825 |
and such nonteaching school employee may have a hearing on such | 5826 |
unrequested leave of absence or its renewals in accordance with | 5827 |
division (C) of section 3319.081 of the Revised Code. Upon the | 5828 |
return to service of a teacher or a nonteaching school employee at | 5829 |
the expiration of a leave of absence, the teacher or nonteaching | 5830 |
school employee shall resume the contract status that the teacher | 5831 |
or nonteaching school employee held prior to the leave of absence. | 5832 |
Any teacher who leaves a teaching position for service in the | 5833 |
uniformed services and who returns from service in the uniformed | 5834 |
services that is terminated in a manner other than as described in | 5835 |
section 4304 of Title 38 of the United States Code, "Uniformed | 5836 |
Services Employment and Reemployment Rights Act of 1994," 108 | 5837 |
Stat. 3149, 38 U.S.C.A. 4304, shall resume the contract status | 5838 |
held prior to entering the uniformed services, subject to passing | 5839 |
a physical examination by an individual authorized by the Revised | 5840 |
Code to conduct physical examinations, including a physician | 5841 |
assistant, a clinical nurse specialist, a certified nurse | 5842 |
practitioner, or a certified nurse-midwife. Any written | 5843 |
documentation of the physical examination shall be completed by | 5844 |
the individual who conducted the examination. Such contract status | 5845 |
shall be resumed at the first of the school semester or the | 5846 |
beginning of the school year following return from the uniformed | 5847 |
services. For purposes of this section and section 3319.14 of the | 5848 |
Revised Code, "uniformed services" and "service in the uniformed | 5849 |
services" have the same meanings as defined in section 5923.05 of | 5850 |
the Revised Code. | 5851 |
Upon the return of a nonteaching school employee from a leave | 5852 |
of absence, the board may terminate the employment of a person | 5853 |
hired exclusively for the purpose of replacing the returning | 5854 |
employee while the returning employee was on leave. If, after the | 5855 |
return of a nonteaching employee from leave, the person employed | 5856 |
exclusively for the purpose of replacing an employee while the | 5857 |
employee was on leave is continued in employment as a regular | 5858 |
nonteaching school employee or if the person is hired by the board | 5859 |
as a regular nonteaching school employee within a year after | 5860 |
employment as a replacement is terminated, the person shall, for | 5861 |
purposes of section 3319.081 of the Revised Code, receive credit | 5862 |
for the person's length of service with the school district during | 5863 |
such replacement period in the following manner: | 5864 |
(A) If employed as a replacement for less than twelve months, | 5865 |
the person shall be employed under a contract valid for a period | 5866 |
equal to twelve months less the number of months employed as a | 5867 |
replacement. At the end of such contract period, if the person is | 5868 |
reemployed it shall be under a two-year contract. Subsequent | 5869 |
reemployment shall be pursuant to division (B) of section 3319.081 | 5870 |
of the Revised Code. | 5871 |
(B) If employed as a replacement for twelve months or more | 5872 |
but less than twenty-four months, the person shall be employed | 5873 |
under a contract valid for a period equal to twenty-four months | 5874 |
less the number of months employed as a replacement. Subsequent | 5875 |
reemployment shall be pursuant to division (B) of section 3319.081 | 5876 |
of the Revised Code. | 5877 |
(C) If employed as a replacement for more than twenty-four | 5878 |
months, the person shall be employed pursuant to division (B) of | 5879 |
section 3319.081 of the Revised Code. | 5880 |
For purposes of this section, employment during any part of a | 5881 |
month shall count as employment during the entire month. | 5882 |
Sec. 3319.14. Any teacher who has left, or leaves, a | 5883 |
teaching position, by resignation or otherwise, and within forty | 5884 |
school days thereafter entered, or enters, the uniformed services | 5885 |
and whose service is terminated in a manner other than as | 5886 |
described in section 4304 of Title 38 of the United States Code, | 5887 |
"Uniformed Services Employment and Reemployment Rights Act of | 5888 |
1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by | 5889 |
the board of education of the district in which the teacher held | 5890 |
such teaching position, under the same type of contract as that | 5891 |
which the teacher last held in such district, if the teacher | 5892 |
applies to the board of education for reemployment in accordance | 5893 |
with the "Uniformed Services Employment and Reemployment Rights | 5894 |
Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such | 5895 |
application, the teacher shall be reemployed at the first of the | 5896 |
next school semester, if the application is made not less than | 5897 |
thirty days prior to the first of the next school semester, in | 5898 |
which case the teacher shall be reemployed the first of the | 5899 |
following school semester, unless the board of education waives | 5900 |
the requirement for the thirty-day period. | 5901 |
For the | 5902 |
5903 | |
uniformed services shall be counted as though teaching service had | 5904 |
been performed during such time. | 5905 |
The board of education of the district in which such teacher | 5906 |
was employed and is reemployed under this section may suspend the | 5907 |
contract of the teacher whose services become unnecessary by | 5908 |
reason of the return of a teacher from service in the uniformed | 5909 |
services in accordance with section 3319.17 or 3319.171 of the | 5910 |
Revised Code. | 5911 |
Sec. 3319.141. | 5912 |
board of education | 5913 |
local, and joint vocational school district and the governing | 5914 |
board of each educational service center shall | 5915 |
5916 | |
5917 | |
5918 | |
are not covered by a collective bargaining agreement. | 5919 |
5920 | |
5921 | |
5922 | |
5923 | |
5924 | |
5925 | |
5926 | |
5927 | |
include all of the following in the policy: | 5928 |
(1) The types of leave an employee may use; | 5929 |
(2) The reasons for which an employee may use the types of | 5930 |
leave the board grants under the policy; | 5931 |
(3) The amount of each type of leave an employee may receive; | 5932 |
(4) The manner in which an employee accumulates each type of | 5933 |
leave; | 5934 |
(5) The maximum amount of each type of leave that an employee | 5935 |
may accumulate; | 5936 |
(6) The manner in which any previously accumulated | 5937 |
of a person who has been separated from public service | 5938 |
5939 | |
5940 | |
employee's credit upon | 5941 |
5942 | |
5943 |
(7) The manner in which a teacher or nonteaching school | 5944 |
employee who transfers from one public agency to another | 5945 |
will be credited with the unused balance of | 5946 |
nonteaching employee's accumulated | 5947 |
the | 5948 |
which the employee transfers | 5949 |
(8) Whether, and the manner in which, teachers and | 5950 |
nonteaching school employees who render part-time, seasonal, | 5951 |
intermittent, per diem, or hourly service
| 5952 |
to | 5953 |
5954 |
(9) The manner in which the board provides leave under | 5955 |
section 3319.08 of the Revised Code; | 5956 |
(10) Any other issue relating to the use and availability of | 5957 |
leave. | 5958 |
(B) Each board of education may establish regulations for the | 5959 |
entitlement, crediting and use of | 5960 |
teachers employed by such board pursuant to section 3319.10 of the | 5961 |
Revised Code who are not otherwise entitled to sick leave pursuant | 5962 |
to such section. | 5963 |
(C) An employee of the board may use leave in accordance with | 5964 |
the leave policy the board adopts and upon approval of the | 5965 |
responsible administrative officer. | 5966 |
(D) A board | 5967 |
teacher or nonteaching school employee to furnish a written, | 5968 |
signed statement on forms prescribed by such board to justify the | 5969 |
use of any sick leave granted under the policy. | 5970 |
5971 | |
5972 | |
5973 | |
5974 | |
5975 | |
the employee to submit a statement from a physician, falsification | 5976 |
of a statement is grounds for suspension or termination of | 5977 |
employment under sections 3319.081 and 3319.16 of the Revised | 5978 |
Code. | 5979 |
(E) The board, in the policy the board adopts, shall not | 5980 |
grant or credit sick leave | 5981 |
of ten days per calendar year or to a teacher after | 5982 |
teacher's retirement or termination of employment. | 5983 |
| 5984 |
5985 | |
5986 | |
5987 | |
5988 | |
5989 | |
5990 | |
5991 |
(F) This section shall not be construed to interfere with any | 5992 |
unused sick leave credit in any agency of government where | 5993 |
attendance records are maintained and credit has been given for | 5994 |
unused sick leave. Unused sick leave accumulated by teachers and | 5995 |
nonteaching school employees under section 124.38 of the Revised | 5996 |
Code, as that section existed immediately prior to the effective | 5997 |
date of this amendment, shall continue to be credited toward the | 5998 |
maximum accumulation permitted under a policy adopted in | 5999 |
accordance with this section. | 6000 |
6001 | |
6002 | |
6003 | |
6004 | |
6005 | |
6006 |
(G) This section shall be uniformly administered. | 6007 |
The board shall post the policy adopted under this section in | 6008 |
a conspicuous location on the web site maintained by the board. | 6009 |
The board shall review the policy on an annual basis and shall | 6010 |
post any changes to that policy in a conspicuous location on the | 6011 |
web site maintained by the board. | 6012 |
Nothing in this section shall be construed as preventing a | 6013 |
board and an exclusive representative, as defined in section | 6014 |
4117.01 of the Revised Code, from agreeing to apply the policy | 6015 |
adopted by the board under this section to employees covered by a | 6016 |
collective bargaining agreement between the board and the | 6017 |
exclusive representative. | 6018 |
Sec. 3319.17. (A) As used in this section, "interdistrict | 6019 |
contract" means any contract or agreement entered into by an | 6020 |
educational service center governing board and another board or | 6021 |
other public entity pursuant to section 3313.17, 3313.841, | 6022 |
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the | 6023 |
Revised Code, including any such contract or agreement for the | 6024 |
provision of services funded under division (I) of section | 6025 |
3317.024 of the Revised Code or provided in any unit approved | 6026 |
under section 3317.05 of the Revised Code. | 6027 |
(B) When, for any of the following reasons that apply to any | 6028 |
city, exempted village, local, or joint vocational school district | 6029 |
or any educational service center, the board decides that it will | 6030 |
be necessary to reduce the number of teachers it employs, it may | 6031 |
make a reasonable reduction: | 6032 |
(1) In the case of any district or service center, return to | 6033 |
duty of regular teachers after leaves of absence including leaves | 6034 |
provided pursuant to division (B) of section 3314.10 of the | 6035 |
Revised Code, suspension of schools, territorial changes affecting | 6036 |
the district or center, or financial reasons; | 6037 |
(2) In the case of any city, exempted village, local, or | 6038 |
joint vocational school district, decreased enrollment of pupils | 6039 |
in the district; | 6040 |
(3) In the case of any governing board of a service center | 6041 |
providing any particular service directly to pupils pursuant to | 6042 |
one or more interdistrict contracts requiring such service, | 6043 |
reduction in the total number of pupils the governing board is | 6044 |
required to provide with the service under all interdistrict | 6045 |
contracts as a result of the termination or nonrenewal of one or | 6046 |
more of these interdistrict contracts; | 6047 |
(4) In the case of any governing board providing any | 6048 |
particular service that it does not provide directly to pupils | 6049 |
pursuant to one or more interdistrict contracts requiring such | 6050 |
service, reduction in the total level of the service the governing | 6051 |
board is required to provide under all interdistrict contracts as | 6052 |
a result of the termination or nonrenewal of one or more of these | 6053 |
interdistrict contracts. | 6054 |
(C) In making any such reduction, any city, exempted village, | 6055 |
local, or joint vocational school board shall proceed to suspend | 6056 |
contracts in accordance with the recommendation of the | 6057 |
superintendent of schools who shall, within each teaching field | 6058 |
affected, give preference | 6059 |
contracts | 6060 |
making any such reduction, any governing board of a service center | 6061 |
shall proceed to suspend contracts in accordance with the | 6062 |
recommendation of the superintendent who shall, within each | 6063 |
teaching field or service area affected, give preference | 6064 |
teachers on continuing contracts | 6065 |
6066 | |
with continuing contracts prescribed in this paragraph, the board | 6067 |
shall consider the relative quality of performance the principal | 6068 |
factor in determining the order of reductions under this section. | 6069 |
A board shall measure a teacher's quality of performance by | 6070 |
considering all of the following: | 6071 |
(1) The level of license issued under section 3319.22 of the | 6072 |
Revised Code that the teacher holds; | 6073 |
(2) Whether the teacher is a "highly qualified teacher" as | 6074 |
defined in section 3319.074 of the Revised Code; | 6075 |
(3) The value-added measure the board uses to determine the | 6076 |
performance of the students assigned to the teacher's classroom; | 6077 |
(4) The results of the teacher's performance evaluation | 6078 |
conducted under section 3319.111 of the Revised Code, any peer | 6079 |
review program created by an agreement entered into by a board of | 6080 |
education and representatives of teachers employed by that board, | 6081 |
or any other system of evaluation used by the board; | 6082 |
(5) Any other criteria established by the board. | 6083 |
On a case-by-case basis, in lieu of suspending a contract in | 6084 |
whole, a board may suspend a contract in part, so that an | 6085 |
individual is required to work a percentage of the time the | 6086 |
employee otherwise is required to work under the contract and | 6087 |
receives a commensurate percentage of the full compensation the | 6088 |
employee otherwise would receive under the contract. | 6089 |
The teachers whose continuing contracts are suspended by any | 6090 |
board pursuant to this section shall have the right of restoration | 6091 |
to continuing service status by that board in the order of | 6092 |
seniority of service in the district or service center if and when | 6093 |
teaching positions become vacant or are created for which any of | 6094 |
such teachers are or become qualified. No teacher whose continuing | 6095 |
contract has been suspended pursuant to this section shall lose | 6096 |
that right of restoration to continuing service status by reason | 6097 |
of having declined recall to a position that is less than | 6098 |
full-time or, if the teacher was not employed full-time just prior | 6099 |
to suspension of the teacher's continuing contract, to a position | 6100 |
requiring a lesser percentage of full-time employment than the | 6101 |
position the teacher last held while employed in the district or | 6102 |
service center. | 6103 |
(D) Notwithstanding any provision to the contrary in Chapter | 6104 |
4117. of the Revised Code, the requirements of this section, as it | 6105 |
existed prior to the effective date of this amendment, prevail | 6106 |
over any conflicting provisions of agreements between employee | 6107 |
organizations and public employers entered into | 6108 |
September 29, 2005, and that effective date. | 6109 |
Sec. 3319.172. The board of education of each school district | 6110 |
wherein the provisions of Chapter 124. of the Revised Code do not | 6111 |
apply and the governing board of each educational service center | 6112 |
may adopt a resolution ordering reasonable reductions in the | 6113 |
number of nonteaching employees for any of the reasons for which | 6114 |
the board of education or governing board may make reductions in | 6115 |
teaching employees, as set forth in division (B) of section | 6116 |
3319.17 of the Revised Code. | 6117 |
In making any reduction under this section, the board of | 6118 |
education or governing board shall proceed to suspend contracts in | 6119 |
accordance with the recommendation of the superintendent of the | 6120 |
district or service center who shall, within each pay | 6121 |
classification affected, give preference | 6122 |
continuing contracts | 6123 |
6124 | |
continuing contracts prescribed in this paragraph, the board shall | 6125 |
consider the relative quality of performance, as measured by the | 6126 |
board, the principal factor in determining the order of reductions | 6127 |
under this section. | 6128 |
On a case-by-case basis, in lieu of suspending a contract in | 6129 |
whole, a board may suspend a contract in part, so that an | 6130 |
individual is required to work a percentage of the time the | 6131 |
employee otherwise is required to work under the contract and | 6132 |
receives a commensurate percentage of the full compensation the | 6133 |
employee otherwise would receive under the contract. | 6134 |
Any nonteaching employee whose continuing contract is | 6135 |
suspended under this section shall have the right of restoration | 6136 |
to continuing service status by the board of education or | 6137 |
governing board that suspended that contract in order of seniority | 6138 |
of service in the district or service center, if and when a | 6139 |
nonteaching position for which the employee is qualified becomes | 6140 |
vacant or is created. No nonteaching employee whose continuing | 6141 |
contract has been suspended under this section shall lose that | 6142 |
right of restoration to continuing service status by reason of | 6143 |
having declined recall to a position requiring fewer regularly | 6144 |
scheduled hours of work than required by the position the employee | 6145 |
last held while employed in the district or service center. | 6146 |
Notwithstanding any provision to the contrary in Chapter | 6147 |
4117. of the Revised Code, the requirements of this section, as it | 6148 |
existed prior to the effective date of this amendment, prevail | 6149 |
over any conflicting provisions of agreements between employee | 6150 |
organizations and public employers entered into | 6151 |
6152 | |
that effective date. | 6153 |
Sec. 3319.18. If an entire school district or that part of a | 6154 |
school district which comprises the territory in which a school is | 6155 |
situated is transferred to any other district, or if a new school | 6156 |
district is created, the teachers in such districts or schools | 6157 |
employed on continuing contracts immediately prior to such | 6158 |
transfer, or creation shall, subject to section 3319.17 or | 6159 |
3319.171 of the Revised Code, have continuing service status in | 6160 |
the newly created district, or in the district to which the | 6161 |
territory is transferred. | 6162 |
The limited contracts of the teachers employed in such | 6163 |
districts or schools immediately prior to such transfer, or | 6164 |
creation, shall become the legal obligations of the board of | 6165 |
education in the newly created district, or in the district to | 6166 |
which the territory is transferred, subject to section 3319.17 or | 6167 |
3319.171 of the Revised Code. The teaching experience of such | 6168 |
teachers in such prior districts or schools shall be included in | 6169 |
the three years of service required under section 3319.11 of the | 6170 |
Revised Code for a teacher to become eligible for continuing | 6171 |
service status. | 6172 |
| 6173 |
contracts in an entire school district or that part of a school | 6174 |
district | 6175 |
situated | 6176 |
that is merged with other school territory to create a new school | 6177 |
district, shall be
| 6178 |
transfer or merger, | 6179 |
6180 | |
6181 | |
6182 | |
6183 | |
6184 | |
6185 | |
based upon performance as described in section 3317.13 of the | 6186 |
Revised Code. | 6187 |
The | 6188 |
a teacher pursuant to this section, shall not result, however, in | 6189 |
the salary of | 6190 |
current annual salary for regular duties, in existence immediately | 6191 |
prior to the merger or transfer. | 6192 |
In making any reduction in the number of teachers under | 6193 |
section 3319.17 of the Revised Code by reason of the transfer or | 6194 |
consolidation of school territory, the years of teaching service | 6195 |
of the teachers employed in the district or schools transferred to | 6196 |
any other district or merged with any school territory to create a | 6197 |
new district, shall be included as a part of the seniority on | 6198 |
which the recommendation of the superintendent of schools shall be | 6199 |
based, under section 3319.17 of the Revised Code. Such service | 6200 |
shall have been continuous and shall include years of service in | 6201 |
the previous district as well as the years of continuous service | 6202 |
in any district which had been previously transferred to or | 6203 |
consolidated to form such district. When suspending contracts in | 6204 |
accordance with an administrative personnel suspension policy | 6205 |
adopted under section 3319.171 of the Revised Code, a board may | 6206 |
consider years of teaching service in its decision if it is a part | 6207 |
of the suspension policy, but it shall not be the only factor used | 6208 |
in making the decision. | 6209 |
Sec. 3319.63. The board of education of a school district | 6210 |
that employs any person who is appointed to serve as a member of | 6211 |
the educator standards board under division (A)(1)(a) or (c) of | 6212 |
section 3319.60, as a member of the subcommittee on standards for | 6213 |
superintendents under division (B) or (C) of section 3319.611, or | 6214 |
as a member of the subcommittee on standards for school treasurers | 6215 |
and business managers under division (B) or (C) of section | 6216 |
3319.612 of the Revised Code shall grant that person paid | 6217 |
professional leave for the purpose of attending meetings and | 6218 |
conducting official business of the educator standards board and | 6219 |
the subcommittees in accordance with the general leave policy the | 6220 |
board adopts pursuant to section 3319.141 of the Revised Code. | 6221 |
Sec. 3326.18. (A) Except as provided under division (B) of | 6222 |
this section, employees of a science, technology, engineering, and | 6223 |
mathematics school may organize and collectively bargain pursuant | 6224 |
to Chapter 4117. of the Revised Code. Notwithstanding division | 6225 |
6226 | |
containing teaching and nonteaching employees employed under this | 6227 |
section shall be considered an appropriate unit. | 6228 |
(B) If a science, technology, engineering, and mathematics | 6229 |
school is created by converting all or part of an existing school | 6230 |
operated by a school district or an existing conversion community | 6231 |
school established under Chapter 3314. of the Revised Code, at the | 6232 |
time of conversion, the employees assigned to the STEM school | 6233 |
shall remain part of any collective bargaining unit in which they | 6234 |
were included immediately prior to the conversion and shall remain | 6235 |
subject to any collective bargaining agreement for that unit in | 6236 |
effect on the first day of July of the year in which the STEM | 6237 |
school initially begins operation and shall be subject to any | 6238 |
subsequent collective bargaining agreement for that unit, unless a | 6239 |
petition is certified as sufficient under division (E) of this | 6240 |
section with regard to those employees. Any new employees assigned | 6241 |
to the STEM school also shall be included in the unit to which | 6242 |
they would have been assigned had the conversion not taken place | 6243 |
and shall be subject to the collective bargaining agreement for | 6244 |
that unit unless a petition is certified as sufficient under | 6245 |
division (E) of this section with regard to those employees. | 6246 |
Notwithstanding division (B) of section 4117.01 of the | 6247 |
Revised Code, the board of education of the school district that | 6248 |
operated or sponsored the STEM school prior to conversion and not | 6249 |
the STEM school shall be regarded, for purposes of Chapter 4117. | 6250 |
of the Revised Code, as the "public employer" of the employees | 6251 |
assigned to a conversion STEM school subject to a collective | 6252 |
bargaining agreement pursuant to this division unless a petition | 6253 |
is certified under division (E) of this section with regard to | 6254 |
those employees. Only on and after the effective date of a | 6255 |
petition certified as sufficient under division (E) of this | 6256 |
section shall division (A) of this section apply to those | 6257 |
employees and only on and after the effective date of that | 6258 |
petition shall Chapter 4117. of the Revised Code apply to the | 6259 |
school with regard to those employees. | 6260 |
(C) Notwithstanding sections 4117.03 to 4117.18 of the | 6261 |
Revised Code and Section 4 of Amended Substitute Senate Bill No. | 6262 |
133 of the 115th general assembly, the employees assigned to a | 6263 |
conversion STEM school who are subject to a collective bargaining | 6264 |
agreement pursuant to division (B) of this section shall cease to | 6265 |
be subject to that agreement and all subsequent agreements | 6266 |
pursuant to that division and shall cease to be part of the | 6267 |
collective bargaining unit that is subject to that and all | 6268 |
subsequent agreements, if a majority of the employees assigned to | 6269 |
the STEM school who are subject to that collective bargaining | 6270 |
agreement sign and submit to the state employment relations board | 6271 |
a petition requesting all of the following: | 6272 |
(1) That all the employees assigned to the STEM school who | 6273 |
are subject to that agreement be removed from the bargaining unit | 6274 |
that is subject to that agreement and be designated by the state | 6275 |
employment relations board as a new and separate bargaining unit | 6276 |
for purposes of Chapter 4117. of the Revised Code; | 6277 |
(2) That the employee organization certified as the exclusive | 6278 |
representative of the employees of the bargaining unit from which | 6279 |
the employees are to be removed be certified as the exclusive | 6280 |
representative of the new and separate bargaining unit for | 6281 |
purposes of Chapter 4117. of the Revised Code; | 6282 |
(3) That the STEM school be regarded as the "public employer" | 6283 |
of those employees for purposes of Chapter 4117. of the Revised | 6284 |
Code. | 6285 |
(D) Notwithstanding sections 4117.03 to 4117.18 of the | 6286 |
Revised Code and Section 4 of Amended Substitute Senate Bill No. | 6287 |
133 of the 115th general assembly, the employees assigned to a | 6288 |
conversion STEM school who are subject to a collective bargaining | 6289 |
agreement pursuant to division (B) of this section shall cease to | 6290 |
be subject to that agreement and all subsequent agreements | 6291 |
pursuant to that division, shall cease to be part of the | 6292 |
collective bargaining unit that is subject to that and all | 6293 |
subsequent agreements, and shall cease to be represented by any | 6294 |
exclusive representative of that collective bargaining unit, if a | 6295 |
majority of the employees assigned to the STEM school who are | 6296 |
subject to that collective bargaining agreement sign and submit to | 6297 |
the state employment relations board a petition requesting all of | 6298 |
the following: | 6299 |
(1) That all the employees assigned to the STEM school who | 6300 |
are subject to that agreement be removed from the bargaining unit | 6301 |
that is subject to that agreement; | 6302 |
(2) That any employee organization certified as the exclusive | 6303 |
representative of the employees of that bargaining unit be | 6304 |
decertified as the exclusive representative of the employees | 6305 |
assigned to the STEM school who are subject to that agreement; | 6306 |
(3) That the STEM school be regarded as the "public employer" | 6307 |
of those employees for purposes of Chapter 4117. of the Revised | 6308 |
Code. | 6309 |
(E) Upon receipt of a petition under division (C) or (D) of | 6310 |
this section, the state employment relations board shall check the | 6311 |
sufficiency of the signatures on the petition. If the signatures | 6312 |
are found sufficient, the board shall certify the sufficiency of | 6313 |
the petition and so notify the parties involved, including the | 6314 |
board of education of the school district that operated or | 6315 |
sponsored the STEM school prior to conversion, the STEM school, | 6316 |
and any exclusive representative of the bargaining unit. The | 6317 |
changes requested in a certified petition shall take effect on the | 6318 |
first day of the month immediately following the date on which the | 6319 |
sufficiency of the petition is certified under this division. | 6320 |
Sec. 3332.03. There is hereby created the state board of | 6321 |
career colleges and schools to consist of the state superintendent | 6322 |
of public instruction or an assistant superintendent designated by | 6323 |
the superintendent, the chancellor of the Ohio board of regents or | 6324 |
a vice chancellor designated by the chancellor, and six members | 6325 |
appointed by the governor, with the advice and consent of the | 6326 |
senate. Members' terms of office shall be for five years, | 6327 |
commencing on the twenty-first day of November and ending on the | 6328 |
twentieth day of November. Each member shall hold office from the | 6329 |
date of appointment until the end of the term for which the member | 6330 |
was appointed. | 6331 |
Three of the members appointed by the governor shall have | 6332 |
been engaged for a period of not less than five years immediately | 6333 |
preceding appointment in an executive or managerial position in a | 6334 |
private, trade, technical, or other school subject to this | 6335 |
chapter. One member appointed by the governor shall be a | 6336 |
representative of students and shall have graduated with an | 6337 |
associate or baccalaureate degree, within five years prior to | 6338 |
appointment, from a school subject to this chapter. Two members | 6339 |
appointed by the governor shall be representatives of the general | 6340 |
public and shall have had no affiliation with, or direct or | 6341 |
indirect interest in, schools subject to this chapter for at least | 6342 |
two years prior to appointment. In selecting the representatives | 6343 |
of the general public, the governor shall make an effort to find | 6344 |
individuals with background or experience in the regulation of | 6345 |
commerce, business, or education. The two members of the board who | 6346 |
are representatives of the general public shall not be affiliated | 6347 |
in any way with or have any direct or indirect interest in any | 6348 |
schools subject to this chapter during their terms. Except for | 6349 |
enrollment in a school subject to this chapter, the member | 6350 |
representing students shall have had no affiliation in any way | 6351 |
with, or have any direct or indirect interest in any school | 6352 |
subject to this chapter for at least two years prior to | 6353 |
appointment or during the member's term. | 6354 |
Any vacancy shall be filled in the manner provided for | 6355 |
original appointment. Any member appointed to fill a vacancy | 6356 |
occurring prior to the expiration of the term for which the | 6357 |
member's predecessor was appointed shall hold office for the | 6358 |
remainder of such term. Any appointed member shall continue in | 6359 |
office subsequent to the expiration date of the member's term | 6360 |
until the member's successor takes office, or until a period of | 6361 |
sixty days has elapsed, whichever occurs first. | 6362 |
Members of the board have full voting rights, except for the | 6363 |
member representing students who shall be a nonvoting member. Each | 6364 |
member of the board appointed by the governor shall be compensated | 6365 |
at the rate established pursuant to division (J) of section 124.15 | 6366 |
of the Revised Code | 6367 |
6368 | |
6369 | |
compensated for the expenses necessarily incurred in the | 6370 |
attendance at meetings or in performing other services for the | 6371 |
board. The chairperson of the board shall annually be elected or | 6372 |
determined as follows: | 6373 |
(A) If both members of the board representing the general | 6374 |
public have served on the board for at least one year, the members | 6375 |
shall elect one of these two members as chairperson. If one of | 6376 |
these members declines to be elected or serve, the other member | 6377 |
representing the general public shall be chairperson. If both | 6378 |
members representing the general public decline to be elected or | 6379 |
serve, division (C) of this section shall apply. | 6380 |
(B) If only one member of the board representing the general | 6381 |
public has served on the board for at least one year, this member | 6382 |
shall be chairperson. If this member declines to serve, division | 6383 |
(C) of this section shall apply. | 6384 |
(C) If neither member of the board representing the general | 6385 |
public has served on the board for at least one year or if this | 6386 |
division applies pursuant to division (A) or (B) of this section, | 6387 |
the members of the board shall elect a chairperson from among any | 6388 |
of the voting members of the board who have served on the board | 6389 |
for at least one year. | 6390 |
Sec. 4113.80. (A) As used in this section, "public employer" | 6391 |
means the state or any agency or instrumentality of the state, and | 6392 |
any municipal corporation, county, township, school district, or | 6393 |
other political subdivision or any agency or instrumentality of a | 6394 |
municipal corporation, county, township, school district, or other | 6395 |
political subdivision. | 6396 |
(B) "Age," "ancestry," "color," "disability," "military | 6397 |
status," "national origin," "race," "religion," and "sex" have the | 6398 |
same meanings and shall be construed in the same manner as in | 6399 |
Chapter 4112. of the Revised Code. | 6400 |
(C) When determining whether to lay off an employee as part | 6401 |
of a reduction in force, a public employer shall not consider the | 6402 |
race, color, religion, sex, military status, national origin, | 6403 |
disability, age, or ancestry of the employee in violation of | 6404 |
Chapter 4112. of the Revised Code or any applicable federal law. | 6405 |
Sec. 4117.01. As used in this chapter: | 6406 |
(A) "Person," in addition to those included in division (C) | 6407 |
of section 1.59 of the Revised Code, includes employee | 6408 |
organizations, public employees, and public employers. | 6409 |
(B)(1) "Public employer" means the state or any political | 6410 |
subdivision of the state located entirely within the state, | 6411 |
including | 6412 |
(a) A municipal corporation with a population of at least | 6413 |
five thousand according to the most recent federal decennial | 6414 |
census; | 6415 |
(b) A county; | 6416 |
(c) A township with a population of at least five thousand in | 6417 |
the unincorporated area of the township according to the most | 6418 |
recent federal decennial census; | 6419 |
(d) A school district; | 6420 |
(e) The governing authority of a conversion community school | 6421 |
established under Chapter 3314. of the Revised Code, unless the | 6422 |
governing authority has submitted a statement to the state | 6423 |
employment relations board under division (A)(4) of section | 6424 |
3314.10 of the Revised Code; | 6425 |
(f) A state institution of higher learning; | 6426 |
(g) A public or special district; | 6427 |
(h) A state agency, authority, commission, or board; or | 6428 |
(i) Any other branch of public employment. | 6429 |
(2) Except as provided in division (B)(1)(e) of this section, | 6430 |
"public employer" does not mean the governing authority of a | 6431 |
community established under Chapter 3314. of the Revised Code. | 6432 |
(C) "Public employee" means any person holding a position by | 6433 |
appointment or employment in the service of a public employer, | 6434 |
6435 | |
6436 | |
6437 | |
6438 |
(1) Persons holding elective office; | 6439 |
(2) Employees of the general assembly and employees of any | 6440 |
other legislative body of the public employer whose principal | 6441 |
duties are directly related to the legislative functions of the | 6442 |
body; | 6443 |
(3) Employees on the staff of the governor or the chief | 6444 |
executive of the public employer whose principal duties are | 6445 |
directly related to the performance of the executive functions of | 6446 |
the governor or the chief executive; | 6447 |
(4) Persons who are members of the Ohio organized militia, | 6448 |
while training or performing duty under section 5919.29 or 5923.12 | 6449 |
of the Revised Code; | 6450 |
(5) Employees of the state employment relations board, | 6451 |
including those employees of the state employment relations board | 6452 |
utilized by the state personnel board of review in the exercise of | 6453 |
the powers and the performance of the duties and functions of the | 6454 |
state personnel board of review; | 6455 |
(6) Confidential employees; | 6456 |
(7) Management level employees; | 6457 |
(8) Employees and officers of the courts, assistants to the | 6458 |
attorney general, assistant prosecuting attorneys, and employees | 6459 |
of the clerks of courts who perform a judicial function; | 6460 |
(9) Employees | 6461 |
6462 | |
service under section 124.11 of the Revised Code; | 6463 |
(10) Supervisors, including fire supervisory officers; | 6464 |
(11) Students whose primary purpose is educational training, | 6465 |
including graduate assistants or associates, residents, interns, | 6466 |
or other students working as part-time public employees less than | 6467 |
fifty per cent of the normal year in the employee's bargaining | 6468 |
unit; | 6469 |
(12) Employees of county boards of election; | 6470 |
(13) Seasonal and casual employees as determined by the state | 6471 |
employment relations board; | 6472 |
(14) Part-time faculty members of an institution of higher | 6473 |
education; | 6474 |
(15) Participants in a work activity, developmental activity, | 6475 |
or alternative work activity under sections 5107.40 to 5107.69 of | 6476 |
the Revised Code who perform a service for a public employer that | 6477 |
the public employer needs but is not performed by an employee of | 6478 |
the public employer if the participant is not engaged in paid | 6479 |
employment or subsidized employment pursuant to the activity; | 6480 |
(16) Employees included in the career professional service of | 6481 |
the department of transportation under section 5501.20 of the | 6482 |
Revised Code; | 6483 |
(17) Employees of community-based correctional facilities and | 6484 |
district community-based correctional facilities created under | 6485 |
sections 2301.51 to 2301.58 of the Revised Code who are not | 6486 |
subject to a collective bargaining agreement on June 1, 2005; | 6487 |
(18) Employees of a regional council of government created | 6488 |
under Chapter 167. of the Revised Code. | 6489 |
(D) "Employee organization" means any labor or bona fide | 6490 |
organization in which public employees participate and that exists | 6491 |
for the purpose, in whole or in part, of dealing with public | 6492 |
employers concerning grievances, labor disputes, wages, hours, | 6493 |
terms, and | 6494 |
(E) "Exclusive representative" means the employee | 6495 |
organization certified or recognized as an exclusive | 6496 |
representative under section 4117.05 of the Revised Code. | 6497 |
(F) "Supervisor" means any individual who has authority, in | 6498 |
the interest of the public employer, to hire, transfer, suspend, | 6499 |
lay off, recall, promote, discharge, assign, reward, or discipline | 6500 |
other public employees; to responsibly direct them; to adjust | 6501 |
their grievances; or to effectively recommend such action, if the | 6502 |
exercise of that authority is not of a merely routine or clerical | 6503 |
nature, but requires the use of independent judgment, provided | 6504 |
that: | 6505 |
(1) Employees of school districts who are department | 6506 |
chairpersons or consulting teachers shall not be deemed | 6507 |
supervisors; | 6508 |
(2) | 6509 |
6510 | |
6511 | |
6512 | |
6513 | |
6514 | |
6515 | |
6516 | |
6517 | |
6518 | |
6519 | |
6520 | |
6521 | |
6522 |
| 6523 |
higher education, heads of departments or divisions are | 6524 |
supervisors; | 6525 |
group of faculty members | 6526 |
6527 | |
decisions with respect to courses, curriculum, personnel, or other | 6528 |
matters of academic or institutional policy are supervisors or | 6529 |
management level employees; | 6530 |
| 6531 |
Revised Code shall be designated as a supervisor or a management | 6532 |
level employee unless the teacher is employed under a contract | 6533 |
governed by section 3319.01, 3319.011, or 3319.02 of the Revised | 6534 |
Code and is assigned to a position for which a license deemed to | 6535 |
be for administrators under state board rules is required pursuant | 6536 |
to section 3319.22 of the Revised Code. | 6537 |
(G) "To bargain collectively" means to perform the mutual | 6538 |
obligation of the public employer, by its representatives, and the | 6539 |
representatives of its employees to negotiate in good faith at | 6540 |
reasonable times and places with respect to wages, hours, terms, | 6541 |
and | 6542 |
6543 | |
6544 | |
or to resolve questions arising under the agreement. "To bargain | 6545 |
collectively" includes executing a written contract incorporating | 6546 |
the terms of any agreement reached. The obligation to bargain | 6547 |
collectively does not mean that either party is compelled to agree | 6548 |
to a proposal nor does it require the making of a concession. | 6549 |
(H) "Strike" | 6550 |
6551 | |
6552 | |
6553 | |
6554 | |
6555 | |
6556 | |
6557 | |
6558 |
| 6559 |
concerted action | 6560 |
6561 | |
6562 | |
failing to report to duty; willful absence from one's position; | 6563 |
stoppage of work; slowdown, or abstinence in whole or in part from | 6564 |
the full, faithful, and proper performance of the duties of | 6565 |
employment for the purpose of inducing, influencing, or coercing a | 6566 |
change in wages, hours, terms, and | 6567 |
6568 | |
stoppage, slowdown, or abstinence when done partially or | 6569 |
intermittently | 6570 |
6571 | |
6572 | |
6573 |
| 6574 |
work that is predominantly intellectual, involving the consistent | 6575 |
exercise of discretion and judgment in its performance and | 6576 |
requiring knowledge of an advanced type in a field of science or | 6577 |
learning customarily acquired by a prolonged course in an | 6578 |
institution of higher learning or a hospital, as distinguished | 6579 |
from a general academic education or from an apprenticeship; or an | 6580 |
employee who has completed the courses of specialized intellectual | 6581 |
instruction and is performing related work under the supervision | 6582 |
of a professional person to become qualified as a professional | 6583 |
employee. | 6584 |
| 6585 |
in the personnel offices of a public employer and deals with | 6586 |
information to be used by the public employer in collective | 6587 |
bargaining; or any employee who works in a close continuing | 6588 |
relationship with public officers or representatives directly | 6589 |
participating in collective bargaining on behalf of the employer. | 6590 |
| 6591 |
formulates policy on behalf of the public employer, who | 6592 |
responsibly directs the implementation of policy, or who may | 6593 |
reasonably be required on behalf of the public employer to assist | 6594 |
in the preparation for the conduct of collective negotiations, | 6595 |
administer collectively negotiated agreements, or have a major | 6596 |
role in personnel administration. Assistant superintendents, | 6597 |
principals, and assistant principals whose employment is governed | 6598 |
by section 3319.02 of the Revised Code are management level | 6599 |
employees. With respect to members of a faculty of a state | 6600 |
institution of higher education, | 6601 |
6602 | |
6603 | |
individually or through a faculty senate or like organization, | 6604 |
participate in the governance of the institution, are involved in | 6605 |
personnel decisions, selection or review of administrators, | 6606 |
planning and use of physical resources, budget preparation, and | 6607 |
determination of educational policies related to admissions, | 6608 |
curriculum, subject matter, and methods of instruction and | 6609 |
research are management level employees. | 6610 |
| 6611 |
forms of compensation for services rendered. | 6612 |
| 6613 |
in the employ of a police department of a municipal corporation as | 6614 |
a full-time regular police officer as the result of an appointment | 6615 |
from a duly established civil service eligibility list or under | 6616 |
section 737.15 or 737.16 of the Revised Code, a full-time deputy | 6617 |
sheriff appointed under section 311.04 of the Revised Code, a | 6618 |
township constable appointed under section 509.01 of the Revised | 6619 |
Code, or a member of a township police district police department | 6620 |
appointed under section 505.49 of the Revised Code. | 6621 |
| 6622 |
patrol troopers and radio operators appointed under section | 6623 |
5503.01 of the Revised Code. | 6624 |
| 6625 |
the employ of a fire department of a municipal corporation or a | 6626 |
township as a fire cadet, full-time regular firefighter, or | 6627 |
promoted rank as the result of an appointment from a duly | 6628 |
established civil service eligibility list or under section | 6629 |
505.38, 709.012, or 737.22 of the Revised Code. | 6630 |
| 6631 |
Sec. 4117.02. (A) There is hereby created the state | 6632 |
employment relations board, consisting of three members to be | 6633 |
appointed by the governor with the advice and consent of the | 6634 |
senate. Members shall be knowledgeable about labor relations or | 6635 |
personnel practices. No more than two of the three members shall | 6636 |
belong to the same political party. A member of the state | 6637 |
employment relations board during the member's period of service | 6638 |
shall hold no other public office or public or private employment | 6639 |
and shall allow no other responsibilities to interfere or conflict | 6640 |
with the member's duties as a full-time state employment relations | 6641 |
board member. Of the initial appointments made to the state | 6642 |
employment relations board, one shall be for a term ending October | 6643 |
6, 1984, one shall be for a term ending October 6, 1985, and one | 6644 |
shall be for a term ending October 6, 1986. Thereafter, terms of | 6645 |
office shall be for six years, each term ending on the same day of | 6646 |
the same month of the year as did the term that it succeeds. Each | 6647 |
member shall hold office from the date of the member's appointment | 6648 |
until the end of the term for which the member is appointed. Any | 6649 |
member appointed to fill a vacancy occurring prior to the | 6650 |
expiration of the term for which the member's predecessor was | 6651 |
appointed shall hold office for the remainder of the term. Any | 6652 |
member shall continue in office subsequent to the expiration of | 6653 |
the member's term until the member's successor takes office or | 6654 |
until a period of sixty days has elapsed, whichever occurs first. | 6655 |
The governor may remove any member of the state employment | 6656 |
relations board, upon notice and public hearing, for neglect of | 6657 |
duty or malfeasance in office, but for no other cause. | 6658 |
(B)(1) The governor shall designate one member of the state | 6659 |
employment relations board to serve as chairperson of the state | 6660 |
employment relations board. The chairperson is the head of the | 6661 |
state employment relations board and its chief executive officer. | 6662 |
(2) The chairperson shall exercise all administrative powers | 6663 |
and duties conferred upon the state employment relations board | 6664 |
under this chapter and shall do all of the following: | 6665 |
(a) Employ, promote, supervise, and remove all employees of | 6666 |
the state employment relations board, and establish, change, or | 6667 |
abolish positions and assign or reassign the duties of those | 6668 |
employees as the chairperson determines necessary to achieve the | 6669 |
most efficient performance of the duties of the state employment | 6670 |
relations board under this chapter; | 6671 |
(b) Determine the utilization by the state personnel board of | 6672 |
review of employees of the state employment relations board as | 6673 |
necessary for the state personnel board of review to exercise the | 6674 |
powers and perform the duties of the state personnel board of | 6675 |
review. | 6676 |
(c) Maintain the office of the state employment relations | 6677 |
board in Columbus and manage the office's daily operations, | 6678 |
including securing offices, facilities, equipment, and supplies | 6679 |
necessary to house the state employment relations board, employees | 6680 |
of the state employment relations board, the state personnel board | 6681 |
of review, and files and records under the control of the state | 6682 |
employment relations board and under the control of the state | 6683 |
personnel board of review; | 6684 |
(d) Prepare and submit to the office of budget and management | 6685 |
a budget for each biennium according to section 107.03 of the | 6686 |
Revised Code, and include in the budget the costs of the state | 6687 |
employment relations board and its staff and the costs of the | 6688 |
state employment relations board in discharging any duty imposed | 6689 |
by law upon the state employment relations board, the chairperson, | 6690 |
or any of the employees or agents of the state employment | 6691 |
relations board, and the costs of the state personnel board of | 6692 |
review in discharging any duty imposed by law on the state | 6693 |
personnel board of review or an agent of the state personnel board | 6694 |
of review. | 6695 |
(C) The vacancy on the state employment relations board does | 6696 |
not impair the right of the remaining members to exercise all the | 6697 |
powers of the state employment relations board, and two members of | 6698 |
the state employment relations board, at all times, constitute a | 6699 |
quorum. The state employment relations board shall have an | 6700 |
official seal of which courts shall take judicial notice. | 6701 |
(D) The state employment relations board shall make an annual | 6702 |
report in writing to the governor and to the general assembly, | 6703 |
stating in detail the work it has done. | 6704 |
(E) Compensation of the chairperson and members shall be in | 6705 |
accordance with division (J) of section 124.15 of the Revised | 6706 |
Code. The chairperson and the members are eligible for | 6707 |
reappointment. In addition to such compensation, all members shall | 6708 |
be reimbursed for their necessary expenses incurred in the | 6709 |
performance of their work as members. | 6710 |
(F)(1) The chairperson, after consulting with the other state | 6711 |
employment relations board members and receiving the consent of at | 6712 |
least one other board member, shall appoint an executive director. | 6713 |
The chairperson also shall appoint attorneys and shall appoint an | 6714 |
assistant executive director who shall be an attorney admitted to | 6715 |
practice law in this state and who shall serve as a liaison to the | 6716 |
attorney general on legal matters before the state employment | 6717 |
relations board. | 6718 |
(2) The state employment relations board shall appoint | 6719 |
6720 | |
their job duties. | 6721 |
(G)(1) The executive director shall serve at the pleasure of | 6722 |
the chairperson. The executive director, under the direction of | 6723 |
the chairperson, shall do all of the following: | 6724 |
(a) Act as chief administrative officer for the state | 6725 |
employment relations board; | 6726 |
(b) Ensure that all employees of the state employment | 6727 |
relations board comply with the rules of the state employment | 6728 |
relations board; | 6729 |
(c) Do all things necessary for the efficient and effective | 6730 |
implementation of the duties of the state employment relations | 6731 |
board. | 6732 |
(2) The duties of the executive director described in | 6733 |
division (G)(1) of this section do not relieve the chairperson | 6734 |
from final responsibility for the proper performance of the duties | 6735 |
described in that division. | 6736 |
(H) The attorney general shall be the legal adviser of the | 6737 |
state employment relations board and shall appear for and | 6738 |
represent the state employment relations board and its agents in | 6739 |
all legal proceedings. The state employment relations board may | 6740 |
utilize regional, local, or other agencies, and utilize voluntary | 6741 |
and uncompensated services as needed. The state employment | 6742 |
relations board may contract with the federal mediation and | 6743 |
conciliation service for the assistance of mediators, arbitrators, | 6744 |
and other personnel the service makes available. The chairperson | 6745 |
shall appoint all employees on the basis of training, practical | 6746 |
experience, education, and character, notwithstanding the | 6747 |
requirements established by section 119.09 of the Revised Code. | 6748 |
The chairperson shall give special regard to the practical | 6749 |
training and experience that employees have for the particular | 6750 |
position involved. The executive director, assistant executive | 6751 |
director, administrative law judges, employees holding a fiduciary | 6752 |
or administrative relation to the state employment relations board | 6753 |
as described in division (A)(9) of section 124.11 of the Revised | 6754 |
Code, and the personal secretaries and assistants of the state | 6755 |
employment relations board members are in the unclassified | 6756 |
service. All other full-time employees of the state employment | 6757 |
relations board are in the classified service. All employees of | 6758 |
the state employment relations board shall be paid in accordance | 6759 |
with Chapter 124. of the Revised Code. | 6760 |
(I) The chairperson shall select and assign administrative | 6761 |
law judges and other agents whose functions are to conduct | 6762 |
hearings with due regard to their impartiality, judicial | 6763 |
temperament, and knowledge. If in any proceeding under this | 6764 |
chapter, any party prior to five days before the hearing thereto | 6765 |
files with the state employment relations board a sworn statement | 6766 |
charging that the administrative law judge or other agent | 6767 |
designated to conduct the hearing is biased or partial in the | 6768 |
proceeding, the state employment relations board may disqualify | 6769 |
the person and designate another administrative law judge or agent | 6770 |
to conduct the proceeding. At least ten days before any hearing, | 6771 |
the state employment relations board shall notify all parties to a | 6772 |
proceeding of the name of the administrative law judge or agent | 6773 |
designated to conduct the hearing. | 6774 |
(J) The principal office of the state employment relations | 6775 |
board is in Columbus, but it may meet and exercise any or all of | 6776 |
its powers at any other place within the state. The state | 6777 |
employment relations board may, by one or more of its employees, | 6778 |
or any agents or agencies it designates, conduct in any part of | 6779 |
this state any proceeding, hearing, investigation, inquiry, or | 6780 |
election necessary to the performance of its functions; provided, | 6781 |
that no person so designated may later sit in determination of an | 6782 |
appeal of the decision of that cause or matter. | 6783 |
(K) In addition to the powers and functions provided in other | 6784 |
sections of this chapter, the state employment relations board | 6785 |
shall do all of the following: | 6786 |
(1) Create a bureau of mediation within the state employment | 6787 |
relations board, to perform the functions provided in section | 6788 |
4117.14 of the Revised Code. This bureau shall also establish, | 6789 |
after consulting representatives of employee organizations and | 6790 |
public employers, panels of qualified persons to be available to | 6791 |
serve as | 6792 |
arbitrators. | 6793 |
(2) Conduct studies of problems involved in representation | 6794 |
and negotiation and make recommendations for legislation; | 6795 |
(3) Hold hearings pursuant to this chapter and, for the | 6796 |
purpose of the hearings and inquiries, administer oaths and | 6797 |
affirmations, examine witnesses and documents, take testimony and | 6798 |
receive evidence, compel the attendance of witnesses and the | 6799 |
production of documents by the issuance of subpoenas, and delegate | 6800 |
these powers to any members of the state employment relations | 6801 |
board or any administrative law judge employed by the state | 6802 |
employment relations board for the performance of its functions; | 6803 |
(4) Train representatives of employee organizations and | 6804 |
public employers in the rules and techniques of collective | 6805 |
bargaining procedures; | 6806 |
(5) Make studies and analyses of, and act as a clearinghouse | 6807 |
of information relating to, conditions of employment of public | 6808 |
employees throughout the state and request assistance, services, | 6809 |
and data from any public employee organization, public employer, | 6810 |
or governmental unit. Public employee organizations, public | 6811 |
employers, and governmental units shall provide such assistance, | 6812 |
services, and data as will enable the state employment relations | 6813 |
board to carry out its functions and powers. | 6814 |
(6) Make available to employee organizations, public | 6815 |
employers, mediators, | 6816 |
arbitrators, and joint study committees statistical data relating | 6817 |
to wages, benefits, and employment practices in public and private | 6818 |
employment applicable to various localities and occupations to | 6819 |
assist them to resolve issues in negotiations; | 6820 |
(7) Notwithstanding section 119.13 of the Revised Code, | 6821 |
establish standards of persons who practice before it; | 6822 |
(8) Adopt, amend, and rescind rules and procedures and | 6823 |
exercise other powers appropriate to carry out this chapter. | 6824 |
Before the adoption, amendment, or rescission of rules and | 6825 |
procedures under this section, the state employment relations | 6826 |
board shall do all of the following: | 6827 |
(a) Maintain a list of interested public employers and | 6828 |
employee organizations and mail notice to such groups of any | 6829 |
proposed rule or procedure, amendment thereto, or rescission | 6830 |
thereof at least thirty days before any public hearing thereon; | 6831 |
(b) Mail a copy of each proposed rule or procedure, amendment | 6832 |
thereto, or rescission thereof to any person who requests a copy | 6833 |
within five days after receipt of the request therefor; | 6834 |
(c) Consult with appropriate statewide organizations | 6835 |
representing public employers or employees who would be affected | 6836 |
by the proposed rule or procedure. | 6837 |
Although the state employment relations board is expected to | 6838 |
discharge these duties diligently, failure to mail any notice or | 6839 |
copy, or to so consult with any person, is not jurisdictional and | 6840 |
shall not be construed to invalidate any proceeding or action of | 6841 |
the state employment relations board. | 6842 |
(L) In case of neglect or refusal to obey a subpoena issued | 6843 |
to any person, the court of common pleas of the county in which | 6844 |
the investigation or the public hearing occurs, upon application | 6845 |
by the state employment relations board, may issue an order | 6846 |
requiring the person to appear before the state employment | 6847 |
relations board and give testimony about the matter under | 6848 |
investigation. The court may punish a failure to obey the order as | 6849 |
contempt. | 6850 |
(M) Any subpoena, notice of hearing, or other process or | 6851 |
notice of the state employment relations board issued under this | 6852 |
section may be served personally, by certified mail, or by leaving | 6853 |
a copy at the principal office or personal residence of the | 6854 |
respondent required to be served. A return, made and verified by | 6855 |
the individual making the service and setting forth the manner of | 6856 |
service, is proof of service, and a return post office receipt, | 6857 |
when certified mail is used, is proof of service. All process in | 6858 |
any court to which application is made under this chapter may be | 6859 |
served in the county wherein the persons required to be served | 6860 |
reside or are found. | 6861 |
(N) All expenses of the state employment relations board, | 6862 |
including all necessary traveling and subsistence expenses | 6863 |
incurred by the members or employees of the state employment | 6864 |
relations board under its orders, shall be paid pursuant to | 6865 |
itemized vouchers approved by the chairperson of the state | 6866 |
employment relations board, the executive director, or both, or | 6867 |
such other person as the chairperson designates for that purpose. | 6868 |
(O) Whenever the state employment relations board determines | 6869 |
that a substantial controversy exists with respect to the | 6870 |
application or interpretation of this chapter and the matter is of | 6871 |
public or great general interest, the state employment relations | 6872 |
board shall certify its final order directly to the court of | 6873 |
appeals having jurisdiction over the area in which the principal | 6874 |
office of the public employer directly affected by the application | 6875 |
or interpretation is located. The chairperson shall file with the | 6876 |
clerk of the court a certified copy of the transcript of the | 6877 |
proceedings before the state employment relations board pertaining | 6878 |
to the final order. If upon hearing and consideration the court | 6879 |
decides that the final order of the state employment relations | 6880 |
board is unlawful or is not supported by substantial evidence on | 6881 |
the record as a whole, the court shall reverse and vacate the | 6882 |
final order or modify it and enter final judgment in accordance | 6883 |
with the modification; otherwise, the court shall affirm the final | 6884 |
order. The notice of the final order of the state employment | 6885 |
relations board to the interested parties shall contain a | 6886 |
certification by the chairperson of the state employment relations | 6887 |
board that the final order is of public or great general interest | 6888 |
and that a certified transcript of the record of the proceedings | 6889 |
before the state employment relations board had been filed with | 6890 |
the clerk of the court as an appeal to the court. For the purposes | 6891 |
of this division, the state employment relations board has | 6892 |
standing to bring its final order properly before the court of | 6893 |
appeals. | 6894 |
(P) Except as otherwise specifically provided in this | 6895 |
section, the state employment relations board is subject to | 6896 |
Chapter 119. of the Revised Code, including the procedure for | 6897 |
submission of proposed rules to the general assembly for | 6898 |
legislative review under division (H) of section 119.03 of the | 6899 |
Revised Code. | 6900 |
Sec. 4117.03. (A) Public employees have the right to: | 6901 |
(1) Form, join, assist, or participate in, or refrain from | 6902 |
forming, joining, assisting, or participating in, except as | 6903 |
otherwise provided in Chapter 4117. of the Revised Code, any | 6904 |
employee organization of their own choosing; | 6905 |
(2) Engage in other concerted activities for the purpose of | 6906 |
collective bargaining or other mutual aid and protection; | 6907 |
(3) Representation by an employee organization; | 6908 |
(4) Bargain collectively with their public employers to | 6909 |
determine wages, hours, terms and | 6910 |
6911 | |
6912 | |
collective bargaining agreements; | 6913 |
(5) Present grievances and have them adjusted, without the | 6914 |
intervention of the bargaining representative, as long as the | 6915 |
adjustment is not inconsistent with the terms of the collective | 6916 |
bargaining agreement then in effect and as long as the bargaining | 6917 |
representatives have the opportunity to be present at the | 6918 |
adjustment. | 6919 |
(B) Persons on active duty or acting in any capacity as | 6920 |
members of the organized militia do not have collective bargaining | 6921 |
rights. Employees of a community school established under Chapter | 6922 |
3314. of the Revised Code do not have collective bargaining | 6923 |
rights, except as provided in section 3314.10 of the Revised Code. | 6924 |
A community school established under Chapter 3314. of the Revised | 6925 |
Code shall not bargain collectively with its employees, except as | 6926 |
provided in section 3314.10 of the Revised Code. | 6927 |
(C) Except as provided in division (D) of this section, | 6928 |
nothing in Chapter 4117. of the Revised Code prohibits public | 6929 |
employers from electing to engage in collective bargaining, to | 6930 |
meet and confer, to hold discussions, or to engage in any other | 6931 |
form of collective negotiations with public employees who are not | 6932 |
subject to Chapter 4117. of the Revised Code pursuant to division | 6933 |
(C) of section 4117.01 of the Revised Code. | 6934 |
(D) A public employer shall not engage in collective | 6935 |
bargaining or other forms of collective negotiations with the | 6936 |
employees of county boards of elections referred to in division | 6937 |
(C)(12) of section 4117.01 of the Revised Code. | 6938 |
| 6939 |
6940 | |
6941 | |
6942 |
Sec. 4117.05. (A) An employee organization becomes the | 6943 |
exclusive representative of all the public employees in an | 6944 |
appropriate unit for the purposes of collective bargaining by | 6945 |
either: | 6946 |
(1) Being certified by the state employment relations board | 6947 |
when a majority of the voting employees in the unit select the | 6948 |
employee organization as their representative in a board-conducted | 6949 |
election under section 4117.07 of the Revised Code; | 6950 |
(2) Filing a request with a public employer with a copy to | 6951 |
the state employment relations board for recognition as an | 6952 |
exclusive representative. In the request for recognition, the | 6953 |
employee organization shall describe the bargaining unit, shall | 6954 |
allege that a majority of the employees in the bargaining unit | 6955 |
wish to be represented by the employee organization, and shall | 6956 |
support the request with substantial evidence based on, and in | 6957 |
accordance with, rules prescribed by the board demonstrating that | 6958 |
a majority of the employees in the bargaining unit wish to be | 6959 |
represented by the employee organization. Immediately upon receipt | 6960 |
of a request, the public employer shall either request an election | 6961 |
under division (A)(2) of section 4117.07 of the Revised Code, or | 6962 |
take the following action: | 6963 |
(a) Post notice in each facility at which employees in the | 6964 |
proposed unit are employed, setting forth the description of the | 6965 |
bargaining unit, the name of the employee organization requesting | 6966 |
recognition, and the date of the request for recognition, and | 6967 |
advising employees that objections to certification must be filed | 6968 |
with the state employment relations board not later than the | 6969 |
6970 | |
recognition; | 6971 |
(b) Immediately notify the state employment relations board | 6972 |
of the request for recognition. | 6973 |
The state employment relations board shall | 6974 |
6975 | |
6976 | |
bargaining unit on the thirty-first day following the filing of | 6977 |
the request for recognition, unless by the | 6978 |
day following the filing of the request for recognition it | 6979 |
receives: | 6980 |
(i) A petition for an election from the public employer | 6981 |
pursuant to division (A)(2) of section 4117.07 of the Revised | 6982 |
Code; | 6983 |
(ii) Substantial evidence based on, and in accordance with, | 6984 |
rules prescribed by the board demonstrating that a majority of the | 6985 |
employees in the described bargaining unit do not wish to be | 6986 |
represented by the employee organization filing the request for | 6987 |
recognition; | 6988 |
(iii) Substantial evidence based on, and in accordance with, | 6989 |
rules prescribed by the board from another employee organization | 6990 |
demonstrating that at least ten per cent of the employees in the | 6991 |
described bargaining unit wish to be represented by such other | 6992 |
employee organization; or | 6993 |
(iv) Substantial evidence based on, and in accordance with, | 6994 |
rules prescribed by the board indicating that the proposed unit is | 6995 |
not an appropriate unit pursuant to section 4117.06 of the Revised | 6996 |
Code. | 6997 |
(B) Nothing in this section shall be construed to permit a | 6998 |
public employer to recognize, or the state employment relations | 6999 |
board to certify, an employee organization as an exclusive | 7000 |
representative under Chapter 4117. of the Revised Code if there is | 7001 |
in effect a lawful written agreement, contract, or memorandum of | 7002 |
understanding between the public employer and another employee | 7003 |
organization which, on the effective date of this | 7004 |
amendment, has been recognized by a public employer as the | 7005 |
exclusive representative of the employees in a unit or which by | 7006 |
tradition, custom, practice, election, or negotiation has been the | 7007 |
only employee organization representing all employees in the unit; | 7008 |
this restriction does not apply to that period of time covered by | 7009 |
any agreement which exceeds three years. For the purposes of this | 7010 |
section, extensions of agreement do not affect the expiration of | 7011 |
the original agreement. | 7012 |
(C) Nonexclusive recognition previously granted through an | 7013 |
agreement or memorandum of understanding shall not preclude the | 7014 |
board from doing any of the following: | 7015 |
(1) Determining an appropriate unit; | 7016 |
(2) If necessary, removing classifications from a bargaining | 7017 |
unit under an existing nonexclusive contract, agreement, or | 7018 |
memorandum of understanding; | 7019 |
(3) Holding an election to determine an exclusive | 7020 |
representative for all those employees deemed a part of the | 7021 |
appropriate unit. | 7022 |
Sec. 4117.06. (A) The state employment relations board shall | 7023 |
decide in each case the unit most appropriate for the purposes of | 7024 |
collective bargaining. | 7025 |
7026 |
(B) The board shall determine the appropriateness of each | 7027 |
bargaining unit and shall consider among other relevant factors: | 7028 |
the desires of the employees; the community of interest; wages, | 7029 |
hours, and other working conditions of the public employees; the | 7030 |
effect of over-fragmentation; the efficiency of operations of the | 7031 |
public employer; the administrative structure of the public | 7032 |
employer; and the history of collective bargaining. | 7033 |
(C) | 7034 |
7035 | |
7036 |
| 7037 |
board shall not: | 7038 |
(1) Decide that any unit is appropriate if the unit includes | 7039 |
both professional and nonprofessional employees, unless a majority | 7040 |
of the professional employees and a majority of the | 7041 |
nonprofessional employees first vote for inclusion in the unit; | 7042 |
(2) Include guards or correction officers at correctional or | 7043 |
mental institutions, special police officers appointed in | 7044 |
accordance with sections 5119.14 and 5123.13 of the Revised Code, | 7045 |
psychiatric attendants employed at mental health forensic | 7046 |
facilities, youth leaders employed at juvenile correction | 7047 |
facilities, or any public employee employed as a guard to enforce | 7048 |
against other employees rules to protect property of the employer | 7049 |
or to protect the safety of persons on the employer's premises in | 7050 |
a unit with other employees; | 7051 |
(3) Include members of a police or fire department or members | 7052 |
of the state highway patrol in a unit with other classifications | 7053 |
of public employees of the department; | 7054 |
(4) Designate as appropriate a bargaining unit that contains | 7055 |
more than one institution of higher education; nor shall it within | 7056 |
any such institution of higher education designate as appropriate | 7057 |
a unit where such designation would be inconsistent with the | 7058 |
accreditation standards or interpretations of such standards, | 7059 |
governing such institution of higher education or any department, | 7060 |
school, or college thereof. For the purposes of this division, any | 7061 |
branch or regional campus of a public institution of higher | 7062 |
education is part of that institution of higher education. | 7063 |
(5) Designate as appropriate a bargaining unit that contains | 7064 |
employees within the jurisdiction of more than one elected county | 7065 |
office holder, unless the county-elected office holder and the | 7066 |
board of county commissioners agree to such other designation; | 7067 |
(6) With respect to members of a police department, designate | 7068 |
as appropriate a unit that includes rank and file members of the | 7069 |
department with members who are of the rank of sergeant or above, | 7070 |
or with respect to members of a fire department, designate as | 7071 |
appropriate a unit that includes rank and file members of the | 7072 |
department with members who are of the rank of lieutenant or | 7073 |
above; | 7074 |
(7) Except as otherwise provided by division | 7075 |
7076 | |
Code, designate as appropriate a bargaining unit that contains | 7077 |
employees from multiple | 7078 |
7079 | |
mathematics schools established under Chapter 3326. of the Revised | 7080 |
Code. For purposes of this division, more than one unit may be | 7081 |
designated within a single | 7082 |
technology, engineering, and mathematics school. | 7083 |
This section shall not be deemed to prohibit multiunit | 7084 |
bargaining. | 7085 |
Any bargaining unit of a fire department that does not | 7086 |
conform to division (C)(6) of this amendment on the effective date | 7087 |
of this amendment shall cease to be an appropriate unit upon the | 7088 |
expiration of the collective bargaining agreement covering that | 7089 |
unit that is in effect on the effective date of this amendment or | 7090 |
three years after the effective date of this amendment, whichever | 7091 |
is earlier. Thereafter, the board shall designate the appropriate | 7092 |
unit for the fire department in accordance with division (C)(6) of | 7093 |
this section. | 7094 |
Sec. 4117.07. (A) When a petition is filed, in accordance | 7095 |
with rules prescribed by the state employment relations board: | 7096 |
(1) By any employee or group of employees, or any individual | 7097 |
or employee organization acting in their behalf, alleging that at | 7098 |
least thirty per cent of the employees in an appropriate unit wish | 7099 |
to be represented for collective bargaining by an exclusive | 7100 |
representative, or asserting that the designated exclusive | 7101 |
representative is no longer the representative of the majority of | 7102 |
employees in the unit, the board shall investigate the petition, | 7103 |
and if it has reasonable cause to believe that a question of | 7104 |
representation exists, provide for an appropriate hearing upon due | 7105 |
notice to the parties; | 7106 |
(2) By the employer alleging that one or more employee | 7107 |
organizations has presented to it a claim to be recognized as the | 7108 |
exclusive representative in an appropriate unit, the board shall | 7109 |
investigate the petition, and if it has reasonable cause to | 7110 |
believe that a question of representation exists, provide for an | 7111 |
appropriate hearing upon due notice to the parties. | 7112 |
If the board finds upon the record of a hearing that a | 7113 |
question of representation exists, it shall direct an election and | 7114 |
certify the results thereof. No one may vote in an election by | 7115 |
proxy. The board shall not certify any exclusive representative | 7116 |
without an election in any case in which the public employer has | 7117 |
filed a petition for election in accordance with division (A) of | 7118 |
this section, except the board may | 7119 |
organization as an exclusive representative if it determines that | 7120 |
a free and untrammelled election cannot be conducted because of | 7121 |
the employer's unfair labor practices and that at one time the | 7122 |
employee organization had the support of the majority of the | 7123 |
employees in the unit. | 7124 |
(B) Only the names of those employee organizations designated | 7125 |
by more than ten per cent of the employees in the unit found to be | 7126 |
appropriate may be placed on the ballot. Nothing in this section | 7127 |
shall be construed to prohibit the waiving of hearings by | 7128 |
stipulation, in conformity with the rules of the board, for the | 7129 |
purpose of a consent election. | 7130 |
(C) The board shall conduct representation elections by | 7131 |
secret ballot cast, at the board's discretion, by mail or | 7132 |
electronically or in person, and at times and places selected by | 7133 |
the board subject to the following: | 7134 |
(1) The board shall give no less than ten days' notice of the | 7135 |
time and place of an election; | 7136 |
(2) The board shall establish rules concerning the conduct of | 7137 |
any election including, but not limited to, rules to guarantee the | 7138 |
secrecy of the ballot; | 7139 |
(3) The board may not certify a representative unless the | 7140 |
representative receives a majority of the valid ballots cast; | 7141 |
(4) Except as provided in this section, the board shall | 7142 |
include on the ballot a choice of "no representative"; | 7143 |
(5) In an election where none of the choices on the ballot | 7144 |
receives a majority, the board shall conduct a runoff election. In | 7145 |
that case, the ballot shall provide for a selection between the | 7146 |
two choices or parties receiving the highest and the second | 7147 |
highest number of ballots cast in the election. | 7148 |
(6) The board may not conduct an election under this section | 7149 |
in any appropriate bargaining unit within which a board-conducted | 7150 |
election was held in the preceding twelve-month period, nor during | 7151 |
the term of any lawful collective bargaining agreement between a | 7152 |
public employer and an exclusive representative that was entered | 7153 |
into before the effective date of this section. | 7154 |
Petitions for elections may be filed with the board no sooner | 7155 |
than one hundred twenty days | 7156 |
expiration date of any collective bargaining agreement, or after | 7157 |
the expiration date | 7158 |
7159 |
No collective bargaining agreement entered into on or after | 7160 |
the effective date of this amendment shall bar the conduct of an | 7161 |
election or certification pursuant to a petition that is timely | 7162 |
filed in accordance with this section. | 7163 |
For the purposes of this section, extensions of agreements do | 7164 |
not affect the expiration date of the original agreement. | 7165 |
Sec. 4117.08. (A) All matters pertaining to wages, hours, | 7166 |
and terms and | 7167 |
7168 | |
7169 | |
the public employer and the exclusive representative, except as | 7170 |
otherwise specified in this section and | 7171 |
7172 | |
collective bargaining agreement that was modified, renewed, or | 7173 |
extended from a prior collective bargaining agreement that does | 7174 |
not concern wages, hours, and terms and conditions shall not be a | 7175 |
mandatory subject of collective bargaining and shall not be | 7176 |
subject to any impasse procedure without the mutual agreement of | 7177 |
both the public employer and exclusive representative. The | 7178 |
inclusion of a provision in a previous collective bargaining | 7179 |
agreement shall not be used as a basis for the provision being | 7180 |
determined to concern wages, hours, and terms and conditions. | 7181 |
(B) The following subjects are not appropriate subjects for | 7182 |
collective bargaining: | 7183 |
(1) The conduct and grading of civil service examinations, | 7184 |
the rating of candidates, the establishment of eligible lists from | 7185 |
the examinations, and the original appointments from the eligible | 7186 |
lists | 7187 |
(2) Health care benefits, except that, subject to division | 7188 |
(E) of this section, the amount of the cost of those benefits for | 7189 |
which a public employer and the public employees of the public | 7190 |
employer pays is an appropriate subject of collective bargaining; | 7191 |
(3) The payment of a contribution by a public employer to the | 7192 |
public employees retirement system, the Ohio police and fire | 7193 |
pension fund, the state teachers retirement system, the state | 7194 |
highway patrol retirement system, or the school employees | 7195 |
retirement system on behalf of an employee, contributor, or | 7196 |
teacher, as applicable, that the employee, contributor, or teacher | 7197 |
otherwise is required to pay; | 7198 |
(4) The privatization of a public employer's services or | 7199 |
contracting out of the public employer's work; | 7200 |
(5) The number of employees required to be on duty or | 7201 |
employed in any department, division, or facility of a public | 7202 |
employer. | 7203 |
(C) Unless a public employer specifically agrees otherwise in | 7204 |
an express written provision of a collective bargaining agreement, | 7205 |
nothing in Chapter 4117. of the Revised Code impairs the right and | 7206 |
responsibility of each public employer to: | 7207 |
(1) | 7208 |
7209 | |
7210 | |
7211 | |
7212 |
| 7213 |
| 7214 |
7215 |
| 7216 |
7217 |
| 7218 |
7219 | |
7220 |
| 7221 |
| 7222 |
7223 |
| 7224 |
| 7225 |
7226 | |
suspend, or discipline employees; | 7227 |
(2) Determine the number of persons required to be employed | 7228 |
or laid off; | 7229 |
(3) Determine the qualifications of employees; | 7230 |
(4) Determine the starting and quitting time and the number | 7231 |
of hours to be worked by its employees; | 7232 |
(5) Make any and all reasonable rules and regulations; | 7233 |
(6) Determine the work assignments of its employees; | 7234 |
(7) Determine the basis for selection, retention, and | 7235 |
promotion of employees; | 7236 |
(8) Determine the type of equipment used and the sequence of | 7237 |
work processes; | 7238 |
(9) Determine the making of technological alterations by | 7239 |
revising either process or equipment or both; | 7240 |
(10) Determine work standards and the quality and quantity of | 7241 |
work to be produced; | 7242 |
(11) Select and locate buildings and other facilities; | 7243 |
(12) Establish, expand, transfer, or consolidate work | 7244 |
processes and facilities; | 7245 |
(13) Transfer or subcontract work; | 7246 |
(14) Consolidate, merge, or otherwise transfer any or all of | 7247 |
its facilities, property processes, or work with or to any other | 7248 |
municipal corporation or entity or effect or change in any respect | 7249 |
the legal status, management, or responsibility of such property, | 7250 |
facilities, processes, or work; | 7251 |
(15) Terminate or eliminate all or any part of its work or | 7252 |
facilities. | 7253 |
The employer is not required to bargain on subjects reserved | 7254 |
to the management and direction of the governmental unit | 7255 |
7256 | |
7257 | |
7258 | |
exclusive representative may raise a legitimate complaint or file | 7259 |
a grievance based only on the violation of the express written | 7260 |
provisions of a collective bargaining agreement. | 7261 |
(D) During negotiations between a public employer and an | 7262 |
exclusive representative, the parties shall consider, for purposes | 7263 |
of determining the ability of the public employer to pay for any | 7264 |
terms agreed to during collective bargaining, only the financial | 7265 |
status of the public employer at the time period surrounding the | 7266 |
negotiations. When determining whether the employer can pay for | 7267 |
those terms, the parties shall consider the employer's inability | 7268 |
to pay. The parties shall not consider either of the following | 7269 |
when determining the ability of the public employer to pay for | 7270 |
those terms: | 7271 |
(1) Any potential future increase in the income of the public | 7272 |
employer that would only be possible by the employer raising | 7273 |
revenue, including, but not limited to, passing a levy or a bond | 7274 |
issue; | 7275 |
(2) The employer's ability to sell assets. | 7276 |
(E) The provision of health care benefits for which the | 7277 |
employer is required to pay more than eighty-five per cent of the | 7278 |
cost is not an appropriate subject for collective bargaining. No | 7279 |
public employer shall agree to a provision that requires the | 7280 |
public employer to pay more than eighty-five per cent of the cost | 7281 |
paid for health care benefits. | 7282 |
Sec. 4117.081. (A) This section applies only to school | 7283 |
districts, educational service centers, certain conversion | 7284 |
community schools established under Chapter 3314. of the Revised | 7285 |
Code, and STEM schools established under Chapter 3326. of the | 7286 |
Revised Code. | 7287 |
(B) No public employer to which this section applies shall | 7288 |
enter into a collective bargaining agreement on or after the | 7289 |
effective date of this section that does any of the following: | 7290 |
(1) Requires the public employer to employ a minimum number | 7291 |
of total personnel or any category of personnel; | 7292 |
(2) Restricts the authority of the public employer or a | 7293 |
district or service center superintendent to assign personnel to | 7294 |
school buildings or restricts the authority of a building | 7295 |
principal to designate the responsibilities and workloads of | 7296 |
personnel assigned to the building; | 7297 |
(3) Establishes a maximum number of students who may be | 7298 |
assigned to a classroom or teacher; | 7299 |
(4) Prohibits the public employer from making reductions in | 7300 |
teachers or nonteaching employees for any applicable reason | 7301 |
specified in division (B) of section 124.321 or section 3319.17 or | 7302 |
3319.172 of the Revised Code or in a policy adopted under section | 7303 |
3319.171 of the Revised Code; | 7304 |
(5) Restricts the authority of the public employer, when | 7305 |
making personnel reductions, to determine the order of layoffs; | 7306 |
(6) Restricts the authority of the public employer to acquire | 7307 |
noneducational services from another public or private entity | 7308 |
through competitive bidding; | 7309 |
(7) Otherwise relinquishes, impairs, or restricts the | 7310 |
managerial rights and responsibilities of the public employer | 7311 |
described in division (C) of section 4117.08 of the Revised Code. | 7312 |
(C)(1) Except as otherwise provided in division (C)(2) of | 7313 |
this section, each collective bargaining agreement entered into on | 7314 |
or after the effective date of this section between a public | 7315 |
employer to which this section applies and its employees shall | 7316 |
comply with all applicable state or local laws or ordinances | 7317 |
regarding wages, hours, and terms and conditions of employment of | 7318 |
public employees. | 7319 |
(2) A collective bargaining agreement entered into on or | 7320 |
after the effective date of this section may include a provision | 7321 |
that conflicts with an applicable law or ordinance, if the | 7322 |
provision establishes benefits that are less than the benefits | 7323 |
conferred by the law or ordinance and division (A) of section | 7324 |
4117.10 of the Revised Code does not require that the law or | 7325 |
ordinance prevail over the conflicting provision. Any provision of | 7326 |
the agreement that conflicts with an applicable law or ordinance | 7327 |
and does not meet these requirements shall be void. | 7328 |
(D) Notwithstanding division (A)(5) of section 4117.11 of the | 7329 |
Revised Code, a public employer to which this section applies is | 7330 |
not required to, and may refuse to, collectively bargain on the | 7331 |
continuation, modification, or termination of a provision of an | 7332 |
existing collective bargaining agreement. | 7333 |
Sec. 4117.09. (A) The parties to any collective bargaining | 7334 |
agreement shall reduce the agreement to writing and both execute | 7335 |
it. | 7336 |
(B) The agreement shall contain a provision that: | 7337 |
(1) Provides for a grievance procedure which may culminate | 7338 |
with final and binding arbitration of unresolved grievances | 7339 |
that are based on the disputed interpretations of the express | 7340 |
written provisions of the agreements, and which is valid and | 7341 |
enforceable under its terms when entered into in accordance with | 7342 |
this chapter. No publication thereof is required to make it | 7343 |
effective. A party to the agreement may bring suits for violation | 7344 |
of agreements or the enforcement of an award by an arbitrator in | 7345 |
the court of common pleas of any county wherein a party resides or | 7346 |
transacts business. | 7347 |
(2) Authorizes the public employer to deduct the periodic | 7348 |
dues, initiation fees, and assessments of members of the exclusive | 7349 |
representative upon presentation of a written deduction | 7350 |
authorization by the employee so long as the employee organization | 7351 |
has filed and maintained its financial report outlining the | 7352 |
organization's expenditures. | 7353 |
(C) The agreement may contain a provision that requires as a | 7354 |
condition of employment, on or after a mutually agreed upon | 7355 |
probationary period or sixty days following the beginning of | 7356 |
employment, whichever is less, or the effective date of a | 7357 |
collective bargaining agreement, whichever is later, that the | 7358 |
employees in the unit who are not members of the employee | 7359 |
organization pay to the employee organization a fair share fee. | 7360 |
The arrangement does not require any employee to become a member | 7361 |
of the employee organization, nor shall fair share fees exceed | 7362 |
dues paid by members of the employee organization who are in the | 7363 |
same bargaining unit. Any public employee organization | 7364 |
representing public employees pursuant to this chapter shall | 7365 |
prescribe an internal procedure to determine a rebate, if any, for | 7366 |
nonmembers which conforms to federal law, provided a nonmember | 7367 |
makes a timely demand on the employee organization. Absent | 7368 |
arbitrary and capricious action, such determination is conclusive | 7369 |
on the parties except that a challenge to the determination may be | 7370 |
filed with the state employment relations board within thirty days | 7371 |
of the determination date specifying the arbitrary or capricious | 7372 |
nature of the determination and the board shall review the rebate | 7373 |
determination and decide whether it was arbitrary or capricious. | 7374 |
The deduction of a fair share fee by the public employer from the | 7375 |
payroll check of the employee and its payment to the employee | 7376 |
organization is automatic and does not require the written | 7377 |
authorization of the employee. | 7378 |
The internal rebate procedure shall provide for a rebate of | 7379 |
expenditures in support of partisan politics or ideological causes | 7380 |
not germaine to the work of employee organizations in the realm of | 7381 |
collective bargaining. | 7382 |
Any public employee who is a member of and adheres to | 7383 |
established and traditional tenets or teachings of a bona fide | 7384 |
religion or religious body which has historically held | 7385 |
conscientious objections to joining or financially supporting an | 7386 |
employee organization and which is exempt from taxation under the | 7387 |
provisions of the Internal Revenue Code shall not be required to | 7388 |
join or financially support any employee organization as a | 7389 |
condition of employment. Upon submission of proper proof of | 7390 |
religious conviction to the board, the board shall declare the | 7391 |
employee exempt from becoming a member of or financially | 7392 |
supporting an employee organization. The employee shall be | 7393 |
required, in lieu of the fair share fee, to pay an amount of money | 7394 |
equal to the fair share fee to a nonreligious charitable fund | 7395 |
exempt from taxation under section 501(c)(3) of the Internal | 7396 |
Revenue Code mutually agreed upon by the employee and the | 7397 |
representative of the employee organization to which the employee | 7398 |
would otherwise be required to pay the fair share fee. The | 7399 |
employee shall furnish to the employee organization written | 7400 |
receipts evidencing such payment, and failure to make the payment | 7401 |
or furnish the receipts shall subject the employee to the same | 7402 |
sanctions as would nonpayment of dues under the applicable | 7403 |
collective bargaining agreement. | 7404 |
No public employer shall agree to a provision requiring that | 7405 |
a public employee become a member of an employee organization as a | 7406 |
condition for securing or retaining employment. Any agreement that | 7407 |
purports to require that employees join any exclusive | 7408 |
representative is void and unenforceable. | 7409 |
(D) As used in this division, "teacher" means any employee of | 7410 |
a school district certified to teach in the public schools of this | 7411 |
state. | 7412 |
The agreement may contain a provision that provides for a | 7413 |
peer review plan under which teachers in a bargaining unit or | 7414 |
representatives of an employee organization representing teachers | 7415 |
may, for other teachers of the same bargaining unit or teachers | 7416 |
whom the employee organization represents, participate in | 7417 |
assisting, instructing, reviewing, evaluating, or appraising and | 7418 |
make recommendations or participate in decisions with respect to | 7419 |
the retention, discharge, renewal, or nonrenewal of, the teachers | 7420 |
covered by a peer review plan. | 7421 |
The participation of teachers or their employee organization | 7422 |
representative in a peer review plan permitted under this division | 7423 |
shall not be construed as an unfair labor practice under this | 7424 |
chapter or as a violation of any other provision of law or rule | 7425 |
adopted pursuant thereto. | 7426 |
(E) No agreement shall contain an expiration date that is | 7427 |
later than three years from the date of execution. The parties may | 7428 |
extend any agreement, but the extensions do not affect the | 7429 |
expiration date of the original agreement. | 7430 |
(F) No public employer shall agree to a provision that | 7431 |
requires the public employer, when a reduction in force is | 7432 |
necessary, to use an employee's length of service as the only | 7433 |
factor to determine whether to lay off the employee. | 7434 |
Sec. 4117.10. (A) An agreement between a public employer and | 7435 |
an exclusive representative entered into pursuant to this chapter | 7436 |
governs the wages, hours, and terms and conditions of public | 7437 |
employment covered by the agreement. If the agreement provides for | 7438 |
a final and binding arbitration of grievances, public employers, | 7439 |
employees, and employee organizations are subject solely to that | 7440 |
grievance procedure and the state personnel board of review or | 7441 |
civil service commissions have no jurisdiction to receive and | 7442 |
determine any appeals relating to matters that were the subject of | 7443 |
a final and binding grievance procedure. Where no agreement exists | 7444 |
or where an agreement makes no specification about a matter, the | 7445 |
public employer and public employees are subject to all applicable | 7446 |
state or local laws or ordinances pertaining to the wages, hours, | 7447 |
and terms and conditions of employment for public employees. | 7448 |
All of the following prevail over conflicting provisions of | 7449 |
agreements between employee organizations and public employers: | 7450 |
(1) Laws pertaining to | 7451 |
(a) Civil rights | 7452 |
(b) Affirmative action | 7453 |
(c) Unemployment compensation | 7454 |
(d) Workers' compensation | 7455 |
(e) The retirement of public employees | 7456 |
(f) The provision of health care benefits to public | 7457 |
employees; | 7458 |
(g) Residency requirements | 7459 |
(h) The minimum educational requirements contained in the | 7460 |
Revised Code pertaining to public education including the | 7461 |
requirement of a certificate by the fiscal officer of a school | 7462 |
district pursuant to section 5705.41 of the Revised Code | 7463 |
(i) The provisions of division (A) of section 124.34 of the | 7464 |
Revised Code governing the disciplining of officers and employees | 7465 |
who have been convicted of a felony | 7466 |
(j) The minimum standards promulgated by the state board of | 7467 |
education pursuant to division (D) of section 3301.07 of the | 7468 |
Revised Code | 7469 |
7470 |
(2) The law pertaining to the leave of absence and | 7471 |
compensation provided under section 5923.05 of the Revised Code | 7472 |
7473 | |
the terms of the agreement contain benefits which are less than | 7474 |
those contained in that section or the agreement contains no such | 7475 |
terms and the public authority is the state or any agency, | 7476 |
authority, commission, or board of the state or if the public | 7477 |
authority is another entity listed in division (B) of section | 7478 |
4117.01 of the Revised Code that elects to provide leave of | 7479 |
absence and compensation as provided in section 5923.05 of the | 7480 |
Revised Code | 7481 |
(3) The law pertaining to the leave established under section | 7482 |
5906.02 of the Revised Code | 7483 |
7484 | |
7485 | |
that are less than those contained in section 5906.02 of the | 7486 |
Revised Code. | 7487 |
Except for sections 306.08, 306.12, 306.35, and 4981.22 of | 7488 |
the Revised Code and arrangements entered into thereunder, and | 7489 |
section 4981.21 of the Revised Code as necessary to comply with | 7490 |
section 13(c) of the "Urban Mass Transportation Act of 1964," 87 | 7491 |
Stat. 295, 49 U.S.C.A. 1609(c), as amended, and arrangements | 7492 |
entered into thereunder, this chapter prevails over any and all | 7493 |
other conflicting laws, resolutions, provisions, present or | 7494 |
future, except as otherwise specified in this chapter or as | 7495 |
otherwise specified by the general assembly. Nothing in this | 7496 |
section prohibits or shall be construed to invalidate the | 7497 |
provisions of an agreement establishing supplemental workers' | 7498 |
compensation or unemployment compensation benefits or exceeding | 7499 |
minimum requirements contained in the Revised Code pertaining to | 7500 |
public education or the minimum standards promulgated by the state | 7501 |
board of education pursuant to division (D) of section 3301.07 of | 7502 |
the Revised Code. | 7503 |
(B) The public employer shall submit a request for funds | 7504 |
necessary to implement an agreement and for approval of any other | 7505 |
matter requiring the approval of the appropriate legislative body | 7506 |
to the legislative body within | 7507 |
which the parties finalize the agreement, unless otherwise | 7508 |
specified, but if the appropriate legislative body is not in | 7509 |
session at the time, then within fourteen days after it convenes. | 7510 |
The legislative body must approve or reject the submission as a | 7511 |
whole, and the submission is deemed approved if the legislative | 7512 |
body fails to act within thirty days after the public employer | 7513 |
submits the agreement. The parties may specify that those | 7514 |
provisions of the agreement not requiring action by a legislative | 7515 |
body are effective and operative in accordance with the terms of | 7516 |
the agreement, provided there has been compliance with division | 7517 |
(C) of this section. If the legislative body rejects the | 7518 |
submission of the public employer, either party may reopen all or | 7519 |
part of the entire agreement. | 7520 |
As used in this section, "legislative body" includes the | 7521 |
governing board of a municipal corporation, school district, | 7522 |
college or university, village, township, or board of county | 7523 |
commissioners or any other body that has authority to approve the | 7524 |
budget of their public jurisdiction and, with regard to the state, | 7525 |
"legislative body" means the controlling board. | 7526 |
(C) The chief executive officer, or the chief executive | 7527 |
officer's representative, of each municipal corporation, the | 7528 |
designated representative of the board of education of each school | 7529 |
district, college or university, or any other body that has | 7530 |
authority to approve the budget of their public jurisdiction, the | 7531 |
designated representative of the board of county commissioners and | 7532 |
of each elected officeholder of the county whose employees are | 7533 |
covered by the collective negotiations, and the designated | 7534 |
representative of the village or the board of township trustees of | 7535 |
each township is responsible for negotiations in the collective | 7536 |
bargaining process; except that the legislative body may accept or | 7537 |
reject a proposed collective bargaining agreement. When the | 7538 |
matters about which there is agreement are reduced to writing and | 7539 |
approved by the employee organization and the legislative body, | 7540 |
the agreement is binding upon the legislative body, the employer, | 7541 |
and the employee organization and employees covered by the | 7542 |
agreement. | 7543 |
(D) There is hereby established an office of collective | 7544 |
bargaining in the department of administrative services for the | 7545 |
purpose of negotiating with and entering into written agreements | 7546 |
between state agencies, departments, boards, and commissions and | 7547 |
the exclusive representative on matters of wages, hours, terms and | 7548 |
7549 | |
or deletion of an existing provision of a collective bargaining | 7550 |
agreement. Nothing in any provision of law to the contrary shall | 7551 |
be interpreted as excluding the bureau of workers' compensation | 7552 |
and the industrial commission from the preceding sentence. This | 7553 |
office shall not negotiate on behalf of other statewide elected | 7554 |
officials or boards of trustees of state institutions of higher | 7555 |
education who shall be considered as separate public employers for | 7556 |
the purposes of this chapter; however, the office may negotiate on | 7557 |
behalf of these officials or trustees where authorized by the | 7558 |
officials or trustees. The staff of the office of collective | 7559 |
bargaining are in the unclassified service. The director of | 7560 |
administrative services shall fix the compensation of the staff. | 7561 |
The office of collective bargaining shall: | 7562 |
(1) Assist the director in formulating management's | 7563 |
philosophy for public collective bargaining as well as planning | 7564 |
bargaining strategies; | 7565 |
(2) Conduct negotiations with the exclusive representatives | 7566 |
of each employee organization; | 7567 |
(3) Coordinate the state's resources in all mediation, | 7568 |
fact-finding, and arbitration cases as well as in all labor | 7569 |
disputes; | 7570 |
(4) Conduct systematic reviews of collective bargaining | 7571 |
agreements for the purpose of contract negotiations; | 7572 |
(5) Coordinate the systematic compilation of data by all | 7573 |
agencies that is required for negotiating purposes; | 7574 |
(6) Prepare and submit an annual report and other reports as | 7575 |
requested to the governor and the general assembly on the | 7576 |
implementation of this chapter and its impact upon state | 7577 |
government. | 7578 |
Sec. 4117.104. (A) Notwithstanding any provision of section | 7579 |
4117.08 or 4117.10 of the Revised Code to the contrary, no | 7580 |
agreement entered into under this chapter on or after the | 7581 |
effective date of this section shall prohibit a public employer | 7582 |
that the auditor of state has declared to be in a state of fiscal | 7583 |
watch from serving a written notice pursuant to section 4117.14 of | 7584 |
the Revised Code to modify a collective bargaining agreement so | 7585 |
that salary or benefit increases, or both, are suspended. | 7586 |
(B) Notwithstanding any provision of section 4117.08 or | 7587 |
4117.10 of the Revised Code to the contrary, no agreement entered | 7588 |
into under this chapter on or after the effective date of this | 7589 |
section shall prohibit a public employer that the governor or | 7590 |
auditor of state has declared to be in a state of fiscal emergency | 7591 |
or in the case of a state university or college, that a | 7592 |
conservator has been appointed for, from serving a written notice | 7593 |
to terminate, modify, or negotiate a collective bargaining | 7594 |
agreement pursuant to section 4117.14 of the Revised Code. | 7595 |
(C) Each agreement entered into under this chapter on or | 7596 |
after the effective date of this section shall contain a statement | 7597 |
that the agreement may be terminated, modified, or negotiated in | 7598 |
accordance with this section. | 7599 |
(D) If the public employer sends a notice as described in | 7600 |
this section, the parties may collectively bargain and enter into | 7601 |
a new collective bargaining agreement pursuant to section 4117.14 | 7602 |
of the Revised Code. | 7603 |
Sec. 4117.105. Notwithstanding sections 4117.08 and 4117.10 | 7604 |
of the Revised Code, no agreement entered into or renewed under | 7605 |
this chapter on or after the effective date of this section shall | 7606 |
contain any provision that in any way prohibits a public employer | 7607 |
from entering into a contract with another public or private | 7608 |
sector entity to privatize the public employer's services or the | 7609 |
contracting out of the public employer's work. No such agreement | 7610 |
shall contain any provisions that cause the public employer to do | 7611 |
any of the following: | 7612 |
(A) Retain existing employees as employees of the public | 7613 |
employer if their work is privatized or subcontracted to another | 7614 |
entity; | 7615 |
(B) Pay any additional payments to employees who may be laid | 7616 |
off as the result of such privatization or subcontracting, except | 7617 |
for payments for accumulated time or leave credits that would | 7618 |
normally be paid by the public employer to any other employee who | 7619 |
is laid off for reasons other than the subcontracting or | 7620 |
privatization of their work. | 7621 |
Any provision inconsistent with this section that is | 7622 |
contained in an agreement entered into or renewed on or after the | 7623 |
effective date of this section is void and unenforceable. | 7624 |
Sec. 4117.106. Notwithstanding sections 4117.08 and 4117.10 | 7625 |
of the Revised Code, no agreement entered into or renewed under | 7626 |
this chapter on or after the effective date of this section shall | 7627 |
contain any provision that does any of the following: | 7628 |
(A) Limits a public employer in determining the number of | 7629 |
employees it employs or has working at any time, in any facility, | 7630 |
building, classroom, on any work shift, or on any piece of | 7631 |
equipment or vehicle; | 7632 |
(B) Provides for the public employer to pay any portion of a | 7633 |
public employee's state pension contributions or payments; | 7634 |
(C) Provides for an hourly overtime payment rate that exceeds | 7635 |
the overtime rate required by the Fair Labor Standards Act of | 7636 |
1938, 52 Stat. 1060, 20 U.S.C. 207; | 7637 |
(D) Requires the public employer to adhere to, follow, or | 7638 |
continue any practices or benefits not specifically set forth in | 7639 |
the specific written provisions of the agreement. | 7640 |
Any provision inconsistent with this section that is | 7641 |
contained in an agreement entered into or renewed on or after the | 7642 |
effective date of this section is void and unenforceable. | 7643 |
Sec. 4117.107. (A) Notwithstanding sections 4117.08 and | 7644 |
4117.10 of the Revised Code, no agreement entered into or renewed | 7645 |
under this chapter on or after the effective date of this section | 7646 |
shall contain any provisions that do any of the following: | 7647 |
(1) Provide for any supplemental wage payments based on | 7648 |
length of employment to any employee participating in the deferred | 7649 |
retirement option plan; | 7650 |
(2) Provide for any annual paid vacation leave earning in | 7651 |
excess of five weeks to any employee participating in the deferred | 7652 |
retirement option plan; | 7653 |
(3) Provide for the ability of any employee participating in | 7654 |
the deferred retirement option plan to carry over vacation leave | 7655 |
from one year to another that exceeds a total accumulation of the | 7656 |
equivalent of three years vacation leave; | 7657 |
(4) Provide the basis for the payment to any employee | 7658 |
participating in the deferred retirement option plan of any | 7659 |
accumulated paid leave, including, but not limited to, sick leave, | 7660 |
vacation leave, and compensatory time, that is based on an | 7661 |
employee's hourly wage rate greater than the employee's wage rate | 7662 |
on the date the employee commenced participating in the deferred | 7663 |
retirement option plan. | 7664 |
(B) Notwithstanding any other provisions of the Revised Code, | 7665 |
the police and fire pension fund shall notify the public employer | 7666 |
of the respective employee of the date upon which the employee | 7667 |
entered the deferred retirement option plan and shall notify the | 7668 |
public employer of the date any employee entered the deferred | 7669 |
retirement option plan prior to the effective date of this | 7670 |
section. | 7671 |
Sec. 4117.108. (A) Notwithstanding sections 4117.08 and | 7672 |
4117.10 of the Revised Code, no agreement entered into or renewed | 7673 |
under this chapter on or after the effective date of this section | 7674 |
shall contain any provision that exceeds the annual earnings or | 7675 |
accrual rate of the following leave credits: | 7676 |
(1) For vacation leave a maximum annual accumulation of six | 7677 |
weeks paid vacation prior to twenty years of continuous service; | 7678 |
(2) For compensated holidays a maximum annual earning of | 7679 |
twelve paid holidays; | 7680 |
(3) For compensated personal days a maximum annual earning of | 7681 |
three paid personal days. | 7682 |
(B) For the purposes of this section, "days" means eight | 7683 |
working hours and "week" means forty working hours for employees | 7684 |
working a normally scheduled work week. Those employees working a | 7685 |
work week that exceeds or is less than forty hours shall have the | 7686 |
number of hours per day or week increased or reduced | 7687 |
proportionately based on the difference in hours between the | 7688 |
employee's average work week and forty hours. | 7689 |
Sec. 4117.109. Notwithstanding sections 4117.08 and 4117.10 | 7690 |
of the Revised Code, no agreement entered into or renewed under | 7691 |
this chapter on or after the effective date of this section shall | 7692 |
contain any provision for the exchange or sell-back of a public | 7693 |
employee's accumulated paid sick leave balance with the public | 7694 |
employee's public employer at the public employee's final | 7695 |
retirement or death that provides for a cash payment that exceeds | 7696 |
fifty per cent of the public employee's total sick leave | 7697 |
accumulations. No payment made pursuant to this section shall be | 7698 |
made for accumulated sick leave in excess of one thousand hours. | 7699 |
Such payment shall be based upon the public employee's hourly rate | 7700 |
of pay at time of final retirement, unless the employee is a | 7701 |
member of the police and fire pension fund and participates in the | 7702 |
deferred retirement option plan. If the public employee is a | 7703 |
member of the police and fire pension fund and the public employee | 7704 |
participates in the deferred retirement option plan, the payment | 7705 |
shall be based upon the public employee's hourly rate in effect at | 7706 |
the time the employee entered the deferred retirement option plan. | 7707 |
For the purposes of this section, "final retirement" means when an | 7708 |
employee retires and is immediately eligible to receive pension | 7709 |
benefits by satisfying the normal length of service and age | 7710 |
qualifications or as a result of disability. | 7711 |
Sec. 4117.11. (A) It is an unfair labor practice for a | 7712 |
public employer, its agents, or representatives to: | 7713 |
(1) Interfere with, restrain, or coerce employees in the | 7714 |
exercise of the rights guaranteed in Chapter 4117. of the Revised | 7715 |
Code or an employee organization in the selection of its | 7716 |
representative for the purposes of collective bargaining or the | 7717 |
adjustment of grievances; | 7718 |
(2) Initiate, create, dominate, or interfere with the | 7719 |
formation or administration of any employee organization, or | 7720 |
contribute financial or other support to it; except that a public | 7721 |
employer may permit employees to confer with it during working | 7722 |
hours without loss of time or pay, permit the exclusive | 7723 |
representative to use the facilities of the public employer for | 7724 |
membership or other meetings, or permit the exclusive | 7725 |
representative to use the internal mail system or other internal | 7726 |
communications system; | 7727 |
(3) Discriminate in regard to hire or tenure of employment or | 7728 |
any term or condition of employment on the basis of the exercise | 7729 |
of rights guaranteed by Chapter 4117. of the Revised Code. Nothing | 7730 |
precludes any employer from making and enforcing an agreement | 7731 |
pursuant to division (C) of section 4117.09 of the Revised Code. | 7732 |
(4) Discharge or otherwise discriminate against an employee | 7733 |
because | 7734 |
Chapter 4117. of the Revised Code; | 7735 |
(5) Refuse to bargain collectively with the representative of | 7736 |
7737 | |
representative or certified pursuant to Chapter 4117. of the | 7738 |
Revised Code; | 7739 |
(6) Establish a pattern or practice of repeated failures to | 7740 |
timely process grievances and requests for arbitration of | 7741 |
grievances; | 7742 |
(7) Lock out or otherwise prevent employees from performing | 7743 |
their regularly assigned duties where | 7744 |
bring pressure on the employees or an employee organization to | 7745 |
compromise or capitulate to the employer's terms regarding a labor | 7746 |
relations dispute; | 7747 |
(8) Cause or attempt to cause an employee organization, its | 7748 |
agents, or representatives to violate division (B) of this | 7749 |
section. | 7750 |
(B) It is an unfair labor practice for an employee | 7751 |
organization, its agents, or representatives, or public employees | 7752 |
to: | 7753 |
(1) Restrain or coerce employees or public employers in the | 7754 |
exercise of the rights guaranteed in Chapter 4117. of the Revised | 7755 |
Code, including the public employer's selection of the public | 7756 |
employer's representative for the purpose of collective | 7757 |
negotiations or the adjustment of grievances. This division does | 7758 |
not impair the right of an employee organization to prescribe its | 7759 |
own rules with respect to the acquisition or retention of | 7760 |
membership therein | 7761 |
7762 | |
7763 |
(2) Cause or attempt to cause an employer to violate division | 7764 |
(A) of this section; | 7765 |
(3) Refuse to bargain collectively with a public employer if | 7766 |
the employee organization is recognized as the exclusive | 7767 |
representative or certified as the exclusive representative of | 7768 |
public employees in a bargaining unit or communicates or attempts | 7769 |
to engage in other direct dealings during the period of | 7770 |
negotiations with elected or appointed officials of the public | 7771 |
employer, other than those individuals designated to represent the | 7772 |
public employer, regarding wages, hours, and terms and conditions | 7773 |
of employment, or with regard to matters that are or may become | 7774 |
the subject of collective negotiations; | 7775 |
(4) Call, institute, maintain, or conduct a boycott against | 7776 |
any public employer, or picket any place of business of a public | 7777 |
employer, on account of any jurisdictional work dispute; | 7778 |
(5) Induce or encourage any individual employed by any person | 7779 |
to engage in a strike in violation of Chapter 4117. of the Revised | 7780 |
Code or refusal to handle goods or perform services; or threaten, | 7781 |
coerce, or restrain any person where an object thereof is to force | 7782 |
or require any public employee to cease dealing or doing business | 7783 |
with any other person, or force or require a public employer to | 7784 |
recognize for representation purposes an employee organization not | 7785 |
certified by the state employment relations board, or induce or | 7786 |
encourage any individual to engage in a secondary boycott whether | 7787 |
under the existing agreement or as part of another employee | 7788 |
organization's concerted activity, whether in the public or | 7789 |
private sector; | 7790 |
(6) Fail to fairly represent all public employees in a | 7791 |
bargaining unit; | 7792 |
(7) Induce or encourage any individual in connection with a | 7793 |
labor relations dispute to picket the residence or any place of | 7794 |
private employment of any public official or representative of the | 7795 |
public employer; | 7796 |
(8) Engage in any picketing, striking, or other concerted | 7797 |
refusal to work | 7798 |
7799 | |
7800 | |
7801 | |
7802 |
(C) The expressing of any views, argument, or opinion, or the | 7803 |
dissemination thereof, whether in written, printed, graphic, or | 7804 |
visual form, shall not constitute or be evidence of an unfair | 7805 |
labor practice under this chapter, if that expression contains no | 7806 |
threat of reprisal or force or promise of benefit. | 7807 |
(D) The determination by the board or any court that a public | 7808 |
officer or employee has committed any of the acts prohibited by | 7809 |
divisions (A) and (B) of this section shall not be made the basis | 7810 |
of any charge for the removal from office or recall of the public | 7811 |
officer or the suspension from or termination of employment of or | 7812 |
disciplinary acts against an employee, nor shall the officer or | 7813 |
employee be found subject to any suit for damages based on such a | 7814 |
determination; however nothing in this division prevents any party | 7815 |
to a collective bargaining agreement from seeking enforcement or | 7816 |
damages for a violation thereof against the other party to the | 7817 |
agreement. | 7818 |
| 7819 |
hear and determine the dispute unless, within ten days after | 7820 |
notice to the board by a party to the dispute that a dispute | 7821 |
exists, the parties to the dispute submit to the board | 7822 |
satisfactory evidence that they have adjusted, or agreed upon the | 7823 |
method for the voluntary adjustment of, the dispute. | 7824 |
Sec. 4117.12. (A) Whoever violates section 4117.11 of the | 7825 |
Revised Code is guilty of an unfair labor practice remediable by | 7826 |
the state employment relations board as specified in this section. | 7827 |
(B) When anyone files a charge with the board alleging that | 7828 |
an unfair labor practice has been committed, the board or its | 7829 |
designated agent | 7830 |
7831 | |
7832 | |
concerning the charge. The board shall cause the | 7833 |
to be served upon the charged party which shall contain a notice | 7834 |
of the time at which the hearing on the | 7835 |
held either before the board, a board member, or an administrative | 7836 |
law judge. The board may not issue a notice of hearing based upon | 7837 |
any unfair labor practice occurring more than ninety days prior to | 7838 |
the filing of the charge with the board, unless the person | 7839 |
aggrieved thereby is prevented from filing the charge by reason of | 7840 |
service in the armed forces, in which event the ninety-day period | 7841 |
shall be computed from the day of the person's discharge. If the | 7842 |
board dismisses a | 7843 |
costs to the
| 7844 |
governing such matters, and for that purpose, the board shall | 7845 |
adopt a rule defining the standards by which the board will | 7846 |
declare a | 7847 |
be assessed accordingly. | 7848 |
(1) The board, board member, or administrative law judge | 7849 |
shall hold a hearing on the charge | 7850 |
7851 | |
7852 | |
7853 | |
7854 | |
7855 | |
is practicable. The charged party may file an answer to an | 7856 |
original or amended
| 7857 |
timely file an answer shall not be construed as any admission | 7858 |
against the non-responding party and the party may present its | 7859 |
response or challenge to the charge at any time prior to the | 7860 |
hearing. The agents of the board and the person charged are | 7861 |
parties and may appear or otherwise give evidence at the hearing. | 7862 |
At the discretion of the board, board member, or administrative | 7863 |
law judge, any interested party may intervene and present evidence | 7864 |
at the hearing. The board, board member, or administrative law | 7865 |
judge is not bound by the rules of evidence prevailing in the | 7866 |
courts. | 7867 |
(2) A board member or administrative law judge who conducts | 7868 |
the hearing shall reduce the evidence taken to writing and file it | 7869 |
with the board. The board member or the administrative law judge | 7870 |
may thereafter take further evidence or hear further argument if | 7871 |
notice is given to all interested parties. The administrative law | 7872 |
judge or board member shall issue to the parties a proposed | 7873 |
decision, together with a recommended order and file it with the | 7874 |
board. | 7875 |
7876 | |
7877 | |
exceptions to the proposed report, the board shall determine | 7878 |
whether substantial issues have been raised. The board may rescind | 7879 |
or modify the proposed order of the board member or administrative | 7880 |
law judge; the board may consider any issues raised by a party, | 7881 |
however, if the board determines that the exceptions do not raise | 7882 |
substantial issues of fact or law, it may refuse to grant review, | 7883 |
and the recommended order becomes effective as therein prescribed. | 7884 |
(3) If upon the preponderance of the evidence taken, the | 7885 |
board believes that any person named in the | 7886 |
engaged in any unfair labor practice, the board shall state its | 7887 |
findings of fact and issue and cause to be served on the person an | 7888 |
order requiring that the person cease and desist from these unfair | 7889 |
labor practices, and take such affirmative action, including | 7890 |
reinstatement of employees with or without back pay, as will | 7891 |
effectuate the policies of Chapter 4117. of the Revised Code. If | 7892 |
upon a preponderance of the evidence taken, the board believes | 7893 |
that the person named in the complaint has not engaged in an | 7894 |
unfair labor practice it shall state its findings of fact and | 7895 |
issue an order dismissing the | 7896 |
(4) The board may order the public employer to reinstate the | 7897 |
public employee and further may order either the public employer | 7898 |
or the employee organization, depending on who was responsible for | 7899 |
the discrimination suffered by the public employee, to make such | 7900 |
payment of back pay to the public employee as the board | 7901 |
determines. In the event the board determines the employee | 7902 |
organization has violated division (B)(4), (5), (7), or (8) of | 7903 |
section 4117.11 of the Revised Code, the board shall order the | 7904 |
suspension of the payment of dues or fees to the employee | 7905 |
organization for the greater of thirty days or two times the | 7906 |
duration of the illegal activity. No order of the board shall | 7907 |
require the reinstatement of any individual as an employee who has | 7908 |
been suspended or discharged, or require the payment to the | 7909 |
employee of any back pay, if the suspension or discharge was for | 7910 |
just cause and the predominant basis for the suspension or | 7911 |
discharge was not related to rights provided in section 4117.03 of | 7912 |
the Revised Code and the procedure contained in the collective | 7913 |
bargaining agreement governing suspension or discharge was | 7914 |
followed. The order of the board may require the party against | 7915 |
whom the order is issued to make periodic reports showing the | 7916 |
extent to which the party has complied with the order. | 7917 |
(C) Whenever a | 7918 |
engaged in an unfair labor practice and that the complainant will | 7919 |
suffer substantial and irreparable injury if not granted temporary | 7920 |
relief, the board may petition the court of common pleas for any | 7921 |
county wherein the alleged unfair labor practice in question | 7922 |
occurs, or wherein any person charged with the commission of any | 7923 |
unfair labor practice resides or transacts business for | 7924 |
appropriate injunctive relief, pending the final adjudication by | 7925 |
the board with respect to the matter. Upon the filing of any | 7926 |
petition, the court shall cause notice thereof to be served upon | 7927 |
the parties, and thereupon has jurisdiction to grant the temporary | 7928 |
relief or restraining order it considers just and proper. | 7929 |
(D) Until the record in a case is filed in a court, as | 7930 |
specified in Chapter 4117. of the Revised Code, the board may at | 7931 |
any time upon reasonable notice and in a manner it considers | 7932 |
proper, modify or set aside, in whole or in part, any finding or | 7933 |
order made or issued by it. | 7934 |
Sec. 4117.13. (A) The state employment relations board or | 7935 |
the | 7936 |
pleas for any county wherein an unfair labor practice occurs, or | 7937 |
wherein any person charged with the commission of any unfair labor | 7938 |
practice resides or transacts business, for the enforcement of the | 7939 |
order and for appropriate temporary relief or restraining order. | 7940 |
The board shall certify and file in the court a transcript of the | 7941 |
entire record in the proceeding, including the pleadings and | 7942 |
evidence upon which the order was entered and the findings and | 7943 |
order of the board. When the board petitions the court, the | 7944 |
7945 | |
of right. Upon the filing, the court shall cause notice thereof to | 7946 |
be served upon the person charged with committing the unfair labor | 7947 |
practice and thereupon has jurisdiction of the proceeding and the | 7948 |
question determined therein. The court may grant the temporary | 7949 |
relief or restraining order it deems just and proper, and make and | 7950 |
enter upon the pleadings, evidence, and proceedings set forth in | 7951 |
the transcript a decree enforcing, modifying, and enforcing as so | 7952 |
modified, or setting aside in whole or in part the order of the | 7953 |
board. | 7954 |
(B) The findings of the board as to the facts, if supported | 7955 |
by substantial evidence, on the record as a whole, are conclusive. | 7956 |
If either party applies to the court for leave to adduce | 7957 |
additional evidence and shows to the satisfaction of the court | 7958 |
that the additional evidence is material and that there exist | 7959 |
reasonable grounds for the failure to adduce the evidence in the | 7960 |
hearing before the board, its member or agent, the court may order | 7961 |
the board, its member, or agent to take the additional evidence, | 7962 |
and make it a part of the transcript. The board may modify its | 7963 |
findings as to the facts, or make new findings, by reason of | 7964 |
additional evidence so taken and filed, and it shall file the | 7965 |
modified or new findings, which, if supported by the evidence, are | 7966 |
conclusive and shall file its recommendations, if any, for the | 7967 |
modifying or setting aside of its original order. | 7968 |
(C) The jurisdiction of the court is exclusive and its | 7969 |
judgment and decree final, except that the same is subject to | 7970 |
review on questions of law as in civil cases. | 7971 |
(D) Any person aggrieved by any final order of the board | 7972 |
granting or denying, in whole or in part, the relief sought may | 7973 |
appeal to the court of common pleas of any county where the unfair | 7974 |
labor practice in question was alleged to have been engaged in, or | 7975 |
where the person resides or principally transacts business, by | 7976 |
filing in the court a notice of appeal setting forth the order | 7977 |
appealed from and the grounds of appeal. The court shall cause a | 7978 |
copy of the notice to be served forthwith upon the board and all | 7979 |
other parties. Within ten days after the court receives a notice | 7980 |
of appeal, the board shall file in the court a transcript of the | 7981 |
entire record in the proceeding, certified by the board, including | 7982 |
the pleading and evidence upon which the order appealed from was | 7983 |
entered. | 7984 |
The court has exclusive jurisdiction to grant the temporary | 7985 |
relief or restraining order it considers proper, and to make and | 7986 |
enter a decree enforcing, modifying, and enforcing as so modified, | 7987 |
or setting aside in whole or in part the order of the board. The | 7988 |
findings of the board as to the facts, if supported by substantial | 7989 |
evidence on the record as a whole, are conclusive. | 7990 |
(E) The commencement of proceedings under division (A) or (D) | 7991 |
of this section does not, unless specifically ordered by the | 7992 |
court, operate as a stay of the board's order. | 7993 |
(F) Courts of common pleas shall hear appeals under Chapter | 7994 |
4117. of the Revised Code expeditiously presented and where good | 7995 |
cause is shown give precedence to them over all other civil | 7996 |
matters except earlier matters of the same character. | 7997 |
Sec. 4117.14. (A) The procedures contained in this section | 7998 |
govern the settlement of disputes between an exclusive | 7999 |
representative and a public employer concerning the termination or | 8000 |
modification of an existing collective bargaining agreement or | 8001 |
negotiation of a successor agreement, or the negotiation of an | 8002 |
initial collective bargaining agreement. | 8003 |
(B)(1) In those cases where there exists a collective | 8004 |
bargaining agreement, any public employer or exclusive | 8005 |
representative desiring to terminate, modify, or negotiate a | 8006 |
successor collective bargaining agreement shall: | 8007 |
(a) Serve written notice upon the other party of the proposed | 8008 |
termination, modification, or successor agreement. The party must | 8009 |
serve the notice not less than sixty days prior to the expiration | 8010 |
date of the existing agreement or, in the event the existing | 8011 |
collective bargaining agreement does not contain an expiration | 8012 |
date, not less than sixty days prior to the time it is proposed to | 8013 |
make the termination or modifications or to make effective a | 8014 |
successor agreement. | 8015 |
(b) Offer to bargain collectively with the other party for | 8016 |
the purpose of modifying or terminating any existing agreement or | 8017 |
negotiating a successor agreement not less than sixty days prior | 8018 |
to the expiration date of the existing agreement; | 8019 |
(c) Notify the state employment relations board of the offer | 8020 |
by serving upon the board a copy of the written notice to the | 8021 |
other party and a copy of the existing collective bargaining | 8022 |
agreement not less than sixty days prior to the expiration date of | 8023 |
the existing agreement. | 8024 |
(2) In the case of initial negotiations between a public | 8025 |
employer and an exclusive representative, where a collective | 8026 |
bargaining agreement has not been in effect between the parties, | 8027 |
any party may serve notice upon the board and the other party | 8028 |
setting forth the names and addresses of the parties and offering | 8029 |
to meet, for a period of | 8030 |
other party for the purpose of negotiating a collective bargaining | 8031 |
agreement. | 8032 |
If the settlement procedures specified in divisions (B) | 8033 |
(C) | 8034 |
procedures refer to the expiration of a collective bargaining | 8035 |
agreement, it means the expiration of the sixty-day period to | 8036 |
negotiate a collective bargaining agreement referred to in this | 8037 |
subdivision, or in the case of initial negotiations, it means the | 8038 |
ninety-day period referred to in this subdivision. | 8039 |
(3) The parties shall continue in full force and effect all | 8040 |
the terms and conditions of any existing collective bargaining | 8041 |
agreement | 8042 |
8043 | |
expiration date of the collective bargaining agreement, whichever | 8044 |
occurs later, or for a period of | 8045 |
where applicable. | 8046 |
(4) | 8047 |
this section, upon receipt of the notice, the parties shall enter | 8048 |
into collective bargaining. Notwithstanding divisions (A)(5) and | 8049 |
(B)(3) of section 4117.11 of the Revised Code, neither a public | 8050 |
employer nor an exclusive representative is required to, and may | 8051 |
refuse to, collectively bargain on the continuation, modification, | 8052 |
or termination of a provision of an existing agreement. | 8053 |
(C) | 8054 |
8055 | |
8056 | |
8057 | |
8058 | |
8059 |
| 8060 |
| 8061 |
| 8062 |
8063 |
| 8064 |
8065 |
| 8066 |
8067 | |
8068 | |
8069 | |
8070 |
| 8071 |
8072 | |
8073 | |
8074 | |
8075 | |
8076 | |
8077 | |
8078 | |
8079 | |
8080 |
| 8081 |
8082 |
| 8083 |
8084 | |
an agreement, any party may request the state employment relations | 8085 |
board to intervene. The request shall set forth the names and | 8086 |
addresses of the parties, the issues involved, and, if applicable, | 8087 |
the expiration date of any agreement. | 8088 |
The board shall intervene and investigate the dispute to | 8089 |
determine whether the parties have engaged in collective | 8090 |
bargaining. | 8091 |
| 8092 |
8093 | |
board shall appoint a mediator to assist the parties in the | 8094 |
collective bargaining process. | 8095 |
When the board appoints a mediator pursuant to division (C) | 8096 |
of this section, the board and the public employer promptly shall | 8097 |
post in a conspicuous location on the web site maintained by the | 8098 |
board or public employer, respectively, the terms of the last | 8099 |
collective bargaining agreement offered by the public employer and | 8100 |
the terms of the last collective bargaining agreement offered by | 8101 |
the exclusive representative. | 8102 |
| 8103 |
party may request the appointment of a fact- | 8104 |
Within fifteen days after receipt of a request for a fact- | 8105 |
8106 | |
8107 | |
parties in accordance with rules established by the board, from a | 8108 |
list of qualified persons maintained by the board. If either party | 8109 |
requests the appointment of a fact-finder pursuant to division | 8110 |
(C)(1) of this section, the board and the public employer promptly | 8111 |
shall post in a conspicuous location on the web site maintained by | 8112 |
the board or public employer, respectively, the terms of the last | 8113 |
collective bargaining agreement offered by the public employer and | 8114 |
the terms of the last collective bargaining agreement offered by | 8115 |
the exclusive representative. | 8116 |
(a) The fact- | 8117 |
rules and procedures established by the board that include the | 8118 |
regulation of costs and expenses of fact-finding, gather facts and | 8119 |
make recommendations for the resolution of the matter. The board | 8120 |
shall by its rules require each party to specify in writing the | 8121 |
unresolved issues and its position on each issue to the | 8122 |
fact- | 8123 |
make final recommendations as to all the unresolved issues. | 8124 |
(b) The board may continue mediation, order the parties to | 8125 |
engage in collective bargaining until the expiration date of the | 8126 |
agreement, or both. | 8127 |
| 8128 |
(a) The fact- | 8129 |
place of hearings which shall be, where feasible, in the | 8130 |
jurisdiction of the state. | 8131 |
(b) The fact- | 8132 |
pursuant to rules established by the board. | 8133 |
(c) Upon request of the fact- | 8134 |
shall issue subpoenas for hearings conducted by the panel. | 8135 |
(d) The fact- | 8136 |
(e) The board shall prescribe guidelines for the fact- | 8137 |
8138 | |
recommendations, the fact- | 8139 |
consideration all of the following factors
| 8140 |
8141 |
(i) Past collectively bargained agreements, if any, between | 8142 |
the parties; | 8143 |
(ii) Comparison of the issues submitted to fact-finding | 8144 |
relative to the employees in the bargaining unit involved with | 8145 |
those issues related to other public and private employees doing | 8146 |
comparable work, giving consideration to factors peculiar to the | 8147 |
area and classification involved; | 8148 |
(iii) As the primary consideration, the interests and welfare | 8149 |
of the public and the ability of the public employer to finance | 8150 |
and administer the issues proposed; | 8151 |
(iv) The lawful authority of the public employer; | 8152 |
(v) The stipulations of the parties; | 8153 |
(vi) The compensation paid by the public employer to the | 8154 |
public employer's public employees who are not members of the | 8155 |
bargaining unit represented by the exclusive representative or who | 8156 |
are members of that bargaining unit but are not members of the | 8157 |
exclusive representative; | 8158 |
(vii) The effect of the recommendations on the public | 8159 |
employer's employer-wide collective bargaining program and | 8160 |
practices, and the potential increases in cost to the public | 8161 |
employer; | 8162 |
(viii) Such other factors, not confined to those listed in | 8163 |
this section, that are normally or traditionally taken into | 8164 |
consideration in the determination of the issues submitted to | 8165 |
final offer settlement through voluntary collective bargaining, | 8166 |
mediation, fact-finding, or other impasse resolution procedures in | 8167 |
the public service or in private employment. | 8168 |
(f) The fact- | 8169 |
any time during the fact-finding process. From the time of | 8170 |
appointment until the fact- | 8171 |
recommendation, it shall not discuss the recommendations for | 8172 |
settlement of the dispute with parties other than the direct | 8173 |
parties to the dispute. | 8174 |
| 8175 |
8176 | |
recommendations on the unresolved issues to the public employer | 8177 |
and employee organization involved and to the board no later than | 8178 |
8179 | |
8180 | |
The fact-finder shall include with its findings of fact and | 8181 |
recommendations a written report explaining how each of the | 8182 |
factors listed in division (C)(2)(e) of this section factored into | 8183 |
the finder's findings of fact and recommendations. The parties | 8184 |
shall share the cost of the fact- | 8185 |
agreed to by the parties. | 8186 |
| 8187 |
findings and recommendations are sent, the legislative body, by a | 8188 |
three-fifths vote of its total membership, and in the case of the | 8189 |
public employee organization, the membership, by a three-fifths | 8190 |
vote of the total membership, may reject the recommendations | 8191 |
If neither rejects the recommendations, the recommendations shall | 8192 |
be deemed agreed upon as the final resolution of the issues | 8193 |
submitted and a collective bargaining agreement shall be executed | 8194 |
between the parties, including the fact- | 8195 |
recommendations, except as otherwise modified by the parties by | 8196 |
mutual agreement. If either the legislative body or the public | 8197 |
employee organization rejects the recommendations, the board shall | 8198 |
publicize the findings of fact and recommendations of the | 8199 |
fact- | 8200 |
the procedures and methods for public employees to vote on the | 8201 |
recommendations of the fact- | 8202 |
(b) As used in division (C) | 8203 |
"legislative body" means the controlling board when the state or | 8204 |
any of its agencies, authorities, commissions, boards, or other | 8205 |
branch of public employment is party to the fact-finding process. | 8206 |
(D)(1) If the parties are unable to reach agreement within | 8208 |
8209 | |
recommendations from the fact- | 8210 |
collective bargaining agreement, if one exists, has expired, then | 8211 |
the | 8212 |
| 8213 |
8214 | |
8215 | |
8216 | |
8217 | |
8218 | |
8219 | |
8220 | |
8221 | |
8222 | |
8223 | |
8224 | |
8225 | |
8226 | |
8227 | |
8228 | |
8229 | |
8230 | |
8231 | |
8232 | |
8233 | |
8234 | |
8235 | |
8236 | |
8237 | |
8238 | |
8239 |
| 8240 |
8241 | |
8242 | |
8243 | |
8244 | |
8245 | |
8246 | |
8247 | |
8248 | |
8249 |
| 8250 |
8251 | |
8252 | |
8253 | |
8254 | |
8255 | |
8256 | |
8257 | |
8258 |
| 8259 |
8260 | |
8261 | |
8262 |
| 8263 |
8264 |
| 8265 |
8266 | |
8267 | |
8268 | |
8269 | |
8270 |
| 8271 |
8272 | |
8273 |
| 8274 |
8275 | |
hearing time and place, but it shall be, where feasible, within | 8276 |
the jurisdiction of the state. Not later than five calendar days | 8277 |
before the hearing, each of the parties shall submit to the | 8278 |
8279 | |
report summarizing the unresolved issues, the party's final offer | 8280 |
as to the issues, and the rationale for that position. | 8281 |
| 8282 |
8283 |
| 8284 |
| 8285 |
8286 | |
8287 | |
8288 | |
8289 |
| 8290 |
8291 | |
8292 | |
8293 |
| 8294 |
8295 |
| 8296 |
8297 | |
8298 | |
8299 | |
8300 |
| 8301 |
8302 | |
8303 | |
8304 |
| 8305 |
| 8306 |
| 8307 |
8308 | |
8309 | |
8310 | |
8311 | |
8312 |
| 8313 |
8314 |
| 8315 |
8316 |
| 8317 |
8318 | |
8319 | |
8320 | |
8321 |
| 8322 |
8323 | |
8324 | |
8325 | |
8326 | |
8327 | |
8328 | |
8329 | |
8330 |
| 8331 |
8332 |
| 8333 |
8334 |
| 8335 |
8336 | |
8337 | |
8338 | |
8339 | |
8340 | |
8341 | |
8342 |
| 8343 |
8344 | |
8345 | |
8346 | |
employer involved shall, within sixty days after the rejection of | 8347 |
the findings of fact and recommendations of the fact-finder, or | 8348 |
within sixty days after the collective bargaining agreement | 8349 |
expires, submit to the legislative body of the public employer a | 8350 |
copy of the findings of fact and recommendations of the | 8351 |
fact-finder, together with a copy of the public employer's last | 8352 |
best offer and the exclusive representative shall submit the | 8353 |
exclusive representative's last best offer within the same time | 8354 |
limitations. | 8355 |
(2) After receiving the submissions required under division | 8356 |
(D)(1) of this section, the legislative body or a duly authorized | 8357 |
committee of the legislative body shall conduct a hearing, as soon | 8358 |
as is practicable, at which the parties shall be required to | 8359 |
explain their positions with respect to the report of the | 8360 |
fact-finder. The legislative body shall hold the hearing open to | 8361 |
the public and shall not deem the hearing an executive session of | 8362 |
the legislative body. Upon the conclusion of the hearing, the | 8363 |
legislative body shall vote to accept either the last best offer | 8364 |
of the exclusive representative or the last best offer of the | 8365 |
public employer. The parties shall execute a collective bargaining | 8366 |
agreement that represents the last best offer chosen by the | 8367 |
legislative body and that agreement shall be effective for a term | 8368 |
of three years. | 8369 |
Sec. 4117.15. (A) | 8370 |
8371 | |
8372 | |
8373 | |
8374 | |
8375 | |
8376 | |
8377 | |
8378 | |
8379 | |
8380 | |
8381 | |
8382 | |
8383 | |
8384 | |
8385 | |
8386 | |
8387 | |
8388 | |
8389 | |
8390 | |
8391 | |
8392 |
| 8393 |
in a strike, and no public employee or employee organization shall | 8394 |
cause, instigate, encourage, or condone a strike. Whenever a | 8395 |
strike occurs, the public employer may seek an injunction against | 8396 |
the strike in the court of common pleas of the county in which the | 8397 |
strike is located. | 8398 |
(B) Any person who violates division (A) of this section may | 8399 |
be subject to removal or other disciplinary action provided by law | 8400 |
for misconduct. The public employer, the state employment | 8401 |
relations board, or any court of competent jurisdiction may not | 8402 |
waive the penalties or fines provided in this section as part of | 8403 |
the settlement of an illegal strike. | 8404 |
(C) An employee who is absent from work without permission or | 8405 |
who abstains wholly or in part from the full performance of the | 8406 |
employee's duties in the employee's normal manner without | 8407 |
permission, on the date when a strike occurs, shall be presumed to | 8408 |
have engaged in the strike on that date. | 8409 |
(D) No person exercising on behalf of any public employer any | 8410 |
authority, supervision, or direction over any public employee | 8411 |
shall have the power to authorize, approve, condone, or consent to | 8412 |
a strike, or the engaging in a strike, by one or more public | 8413 |
employees, and such person shall not authorize, approve, condone | 8414 |
or consent to such strike or engagement. | 8415 |
(E) In the event that it appears that a violation of this | 8416 |
section may have occurred, the chief executive officer of the | 8417 |
public employer involved shall, on the basis of such investigation | 8418 |
and affidavits as the chief executive officer may deem | 8419 |
appropriate, determine whether or not such violation has occurred | 8420 |
and the dates of such violation. If the chief executive officer | 8421 |
determines that such violation has occurred, the chief executive | 8422 |
officer shall also determine, on the basis of such further | 8423 |
investigation and affidavits as the chief executive officer may | 8424 |
deem appropriate, the names of employees who committed the | 8425 |
violation and the dates thereof. Such determination shall not be | 8426 |
final until the completion of the procedures provided for in this | 8427 |
section. | 8428 |
(F) The chief executive officer shall immediately notify each | 8429 |
employee that the chief executive officer has been found to have | 8430 |
committed the violation, the dates of the violation, and that the | 8431 |
employee has the right to object to the determination under | 8432 |
division (H) of this section. The chief executive officer shall | 8433 |
also notify the chief fiscal officer of the names of all the | 8434 |
employees determined to have violated this section and of the | 8435 |
total number of days, or portions thereof, on which it has been | 8436 |
determined that the violation occurred. Notice to each employee | 8437 |
shall be by personal service or by certified mail to the | 8438 |
employee's last address filed by the employee with the employer. | 8439 |
(G) Not earlier than thirty days or later than ninety days | 8440 |
following the date of the determination made under division (E) of | 8441 |
this section, the chief fiscal officer of the public employer | 8442 |
involved shall deduct from the compensation of each such public | 8443 |
employee an amount equal to twice the employee's daily rate of pay | 8444 |
for each day or part thereof that the chief executive officer | 8445 |
determined that the employee violated this section. The employee's | 8446 |
daily rate of pay is the employee's rate of pay at the time of the | 8447 |
violation. In computing the deduction, credit shall be allowed for | 8448 |
amounts already withheld from an employee's compensation on | 8449 |
account of the employee's absence from work or other withholding | 8450 |
of services on the dates of the violation. In computing the | 8451 |
thirty-day to ninety-day period of time following the | 8452 |
determination of a violation pursuant to division (E) of this | 8453 |
section if the employee's annual compensation is paid over a | 8454 |
period of time which is less than fifty-two weeks, that period of | 8455 |
time between the last day of the last payroll period of the | 8456 |
employment term in which the violation occurred and the first day | 8457 |
of the first payroll period of the next succeeding employment term | 8458 |
shall be disregarded and not counted. | 8459 |
(H) Within twenty days after the date on which notice was | 8460 |
served or mailed to an employee pursuant to division (F) of this | 8461 |
section, the employee determined to have violated this section may | 8462 |
object to the determination by filing with the chief executive | 8463 |
officer the employee's sworn affidavit, supported by available | 8464 |
documentary proof, which shall contain a short and plain statement | 8465 |
of the facts upon which the employee relies to show that such | 8466 |
determination was incorrect. An employee who submits an affidavit | 8467 |
pursuant to this division shall be subject to the penalties of | 8468 |
perjury. | 8469 |
(1) If the chief executive officer determines that the | 8470 |
affidavit and supporting proof establishes that the employee did | 8471 |
not violate this section, the chief executive officer shall | 8472 |
sustain the objection. | 8473 |
(2) If the chief executive officer determines that the | 8474 |
employee did not violate this section, the chief executive officer | 8475 |
shall dismiss the objection and so notify the employee. | 8476 |
(3) If the chief executive officer determines that the | 8477 |
affidavit and supporting proof raises a question of fact which, if | 8478 |
resolved in favor of the employee, would establish that the | 8479 |
employee did not violate this section, the chief executive officer | 8480 |
shall appoint a hearing officer to determine whether in fact the | 8481 |
employee did violate this section. The employee shall bear the | 8482 |
burden of proof at the hearing. If the hearing officer determines | 8483 |
that the employee failed to establish that the employee did not | 8484 |
violate this section, the chief executive officer shall so notify | 8485 |
the employee. | 8486 |
(4) If the chief executive officer sustains an objection or | 8487 |
the hearing officer determines on a preponderance of the evidence | 8488 |
that the employee did not violate this section, the chief | 8489 |
executive officer shall immediately notify the chief fiscal | 8490 |
officer who shall cease all further deductions and refund any | 8491 |
deductions previously made pursuant to division (G) of this | 8492 |
section. | 8493 |
(I) The determinations provided in this section shall be | 8494 |
reviewable pursuant to Chapter 119. of the Revised Code. | 8495 |
(J) An unfair labor practice by a public employer is not a | 8496 |
defense to the injunction proceeding noted in division (A) of this | 8497 |
section. Allegations of unfair labor practices during the | 8498 |
settlement procedures set forth in section 4117.14 of the Revised | 8499 |
Code shall receive priority by the state employment relations | 8500 |
board. | 8501 |
| 8502 |
from the public employer for the period engaged in any strike. | 8503 |
(L) As used in this section and section 4117.27 of the | 8504 |
Revised Code "public employee" has the same meaning as in section | 8505 |
4117.01 of the Revised Code, except "public employee" also | 8506 |
includes those persons listed in divisions (C)(1) to (18) of that | 8507 |
section. | 8508 |
Sec. 4117.18. (A) No person shall purposely refuse to obey | 8509 |
an order issued by a court of competent jurisdiction under Chapter | 8510 |
4117. of the Revised Code. | 8511 |
(B) No person shall purposely refuse to obey a lawful order | 8512 |
of the state employment relations board, nor shall any person | 8513 |
prevent or attempt to prevent any member of the board or any agent | 8514 |
of the board from performing | 8515 |
duties. | 8516 |
| 8517 |
8518 |
Sec. 4117.20. (A) No person who is a member of the same | 8519 |
local, state, national, or international organization as the | 8520 |
employee organization with which the public employer is bargaining | 8521 |
or who has an interest in the outcome of the bargaining, which | 8522 |
interest is in conflict with the interest of the public employer, | 8523 |
shall participate on behalf of the public employer in the | 8524 |
collective bargaining process except that the person may, where | 8525 |
entitled, vote on the ratification of an agreement. | 8526 |
(B) No public official or employee shall participate on | 8527 |
behalf of a public employer in the collective bargaining process | 8528 |
with respect to any matter in which the official or employee, or | 8529 |
the immediate family of the official or employee, has a direct | 8530 |
interest in the outcome of the matter. As used in this division, | 8531 |
"immediate family" has the same meaning as in section 102.01 of | 8532 |
the Revised Code. | 8533 |
(C) The public employer shall immediately remove from | 8534 |
person's role, if any, in the collective bargaining negotiations | 8535 |
or in any matter in connection with negotiations any person who | 8536 |
violates division (A) or (B) of this section. | 8537 |
Sec. 4117.21. Collective bargaining meetings between public | 8538 |
employers and employee organizations are private, and are not | 8539 |
subject to section 121.22 of the Revised Code, except fact-finding | 8540 |
hearings held pursuant to section 4117.14 of the Revised Code may | 8541 |
be open to the public if either the public employer or the | 8542 |
exclusive representative requests the hearing be open. | 8543 |
Sec. 4117.26. (A) As used in this section, "compensation" | 8544 |
means wages, salary, and other earnings paid to a public employee | 8545 |
by reason of employment. "Compensation" includes all of the | 8546 |
following that are provided by a public employer to a public | 8547 |
employee: | 8548 |
(1) Allowances for food or drink; | 8549 |
(2) Allowances or stipends for clothing; | 8550 |
(3) Compensation in addition to base salary for labor | 8551 |
performed or services rendered by the public employee, including | 8552 |
any additional compensation paid for attending an event that | 8553 |
occurs outside the public employee's normal work schedule; | 8554 |
(4) Payments for length of service; | 8555 |
(5) Allowances for dry cleaning services; | 8556 |
(6) Insurance coverage, including health insurance, vision | 8557 |
insurance, dental insurance, disability insurance, or life | 8558 |
insurance; | 8559 |
(7) Anything of value given to a public employee by a public | 8560 |
employer for labor performed or services rendered by the public | 8561 |
employee that is not generally offered to any of the public | 8562 |
employer's employees that are not subject to a collective | 8563 |
bargaining agreement, unless they are de minimis. | 8564 |
(B) Beginning with the first collective bargaining agreement | 8565 |
entered into on or after the effective date of this section | 8566 |
between a public employer and an exclusive representative that | 8567 |
represents public employees employed by the public employer, and | 8568 |
for each collective bargaining agreement entered into thereafter, | 8569 |
the public employer shall issue a report that lists all of the | 8570 |
following: | 8571 |
(1) Each provision in the collective bargaining agreement | 8572 |
that affects the compensation paid by the public employer to the | 8573 |
public employer's public employees; | 8574 |
(2) A description of the changes in compensation paid to the | 8575 |
public employer's public employees that are not addressed in the | 8576 |
collective bargaining agreement but will occur during the time | 8577 |
period the collective bargaining agreement is in effect; | 8578 |
(3) Any material terms of the agreement. | 8579 |
(C) Not more than thirty days after a public employer and the | 8580 |
exclusive representative enter into the collective bargaining | 8581 |
agreement, the public employer shall submit the report required | 8582 |
under division (B) of this section to the state employment | 8583 |
relations board and post a copy of the report in a conspicuous | 8584 |
manner on the web site maintained by the public employer. Upon | 8585 |
receipt of a report from a public employer, the board shall post a | 8586 |
copy of the report in a conspicuous manner on the web site | 8587 |
maintained by the board. If a public employer does not maintain a | 8588 |
web site, then the public employer shall provide copies of the | 8589 |
report to two newspapers of general circulation, as defined in | 8590 |
section 5721.01 of the Revised Code, in the county in which the | 8591 |
public employer is located. If the public employer is located in | 8592 |
more than one county, then the public employer shall provide | 8593 |
copies of the report to newspapers of general circulation in | 8594 |
Cincinnati, Cleveland, Columbus, and Toledo. | 8595 |
(D)(1) If a change in compensation is to occur during the | 8596 |
time period a collective bargaining agreement is in effect and | 8597 |
that change was not included in the report described in division | 8598 |
(B) of this section, or if the public employer and an exclusive | 8599 |
representative enter into a modified collective bargaining | 8600 |
agreement during that time period, the public employer shall do | 8601 |
all of the following: | 8602 |
(a) Update the report described in division (B) of this | 8603 |
section; | 8604 |
(b) Submit the updated report to the board not less than five | 8605 |
days prior to the date the change or modified agreement is to take | 8606 |
effect; | 8607 |
(c) Post the updated report in a conspicuous manner on the | 8608 |
web site maintained by the public employer not less than five days | 8609 |
prior to the date the change or modified agreement is to take | 8610 |
effect. | 8611 |
(2) Upon receipt of an updated report under division (D)(1) | 8612 |
of this section, the board shall post a copy of the report in a | 8613 |
conspicuous manner on the web site maintained by the board. | 8614 |
Sec. 4117.27. (A) Where it appears that public employees or | 8615 |
an employee organization threaten or are about to violate section | 8616 |
4117.15 of the Revised Code by engaging in a strike, the chief | 8617 |
executive officer of the public employer involved shall | 8618 |
immediately notify the chief legal officer of the public employer | 8619 |
involved and provide the chief legal officer with any facilities, | 8620 |
assistance, or data as will enable the chief legal officer to | 8621 |
carry out the chief legal officer's duties under this section. | 8622 |
Notwithstanding the failure or refusal of the chief executive | 8623 |
officer to act as required, the chief legal officer of the public | 8624 |
employer involved shall immediately apply to the court of common | 8625 |
pleas in the county where the public employer is located for an | 8626 |
injunction against the violation. If the public employees who are | 8627 |
the subject of the order of the court enjoining or restraining the | 8628 |
strike do not comply with the order, the chief legal officer shall | 8629 |
immediately file with the court of common pleas to penalize the | 8630 |
public employees engaging in the strike. | 8631 |
(B) Except as provided in division (C) of this section, the | 8632 |
penalty for engaging in a strike in violation of an order issued | 8633 |
pursuant to division (A) of this section is a fine of not more | 8634 |
than one thousand dollars, or any other sanction in accordance | 8635 |
with division (A) of section 2705.05 of the Revised Code, or both, | 8636 |
in the discretion of the court. | 8637 |
(C) Where an employee organization knowingly disobeys a | 8638 |
lawful mandate of a court of record, or knowingly offers | 8639 |
resistance to such lawful mandate, in a case involving or growing | 8640 |
out of a strike in violation of section 4117.15 of the Revised | 8641 |
Code the penalty for each day that such contempt persists is a | 8642 |
fine fixed at the discretion of the court. | 8643 |
Sec. 4725.46. (A) Each member of the Ohio optical dispensers | 8644 |
board shall receive compensation pursuant to division | 8645 |
section 124.15 of the Revised Code | 8646 |
8647 | |
8648 | |
expenses. | 8649 |
(B) The executive secretary-treasurer shall receive | 8650 |
compensation as fixed by the board and | 8651 |
secretary-treasurer's actual and necessary expenses incurred in | 8652 |
the discharge of
| 8653 |
Sec. 4906.02. (A) There is hereby created within the public | 8654 |
utilities commission the power siting board, composed of the | 8655 |
8656 | |
director of environmental protection, the director of health, the | 8657 |
director of development, the director of natural resources, the | 8658 |
director of agriculture, and a representative of the public who | 8659 |
shall be an engineer and shall be appointed by the governor, from | 8660 |
a list of three nominees submitted to the governor by the office | 8661 |
of the consumers' counsel, with the advice and consent of the | 8662 |
senate and shall serve for a term of four years. The | 8663 |
chairperson of the public utilities commission shall be | 8664 |
chairperson of the board and its chief executive officer. The | 8665 |
8666 | |
the board to act as | 8667 |
possess during the absence or disability of the | 8668 |
chairperson all of the powers of the | 8669 |
hearings, studies, and consideration of applications for | 8670 |
certificates shall be conducted by the board or representatives of | 8671 |
its members. | 8672 |
In addition, the board shall include four legislative members | 8673 |
who may participate fully in all the board's deliberations and | 8674 |
activities except that they shall serve as nonvoting members. The | 8675 |
speaker of the house of representatives shall appoint one | 8676 |
legislative member, and the president of the senate and minority | 8677 |
leader of each house shall each appoint one legislative member. | 8678 |
Each such legislative leader shall designate an alternate to | 8679 |
attend meetings of the board when the regular legislative member | 8680 |
8681 | |
legislative member and alternate shall serve for the duration of | 8682 |
the elected term that | 8683 |
time of | 8684 |
its voting members. | 8685 |
The representative of the public and, notwithstanding section | 8686 |
101.26 of the Revised Code, legislative members of the board or | 8687 |
their designated alternates, when engaged in their duties as | 8688 |
members of the board, shall be paid at | 8689 |
8690 | |
Revised Code and shall be reimbursed for the actual and necessary | 8691 |
expenses they incur in the discharge of their official duties. | 8692 |
(B) The | 8693 |
all proceedings of the board, issue all necessary process, writs, | 8694 |
warrants, and notices, keep all books, maps, documents, and papers | 8695 |
ordered filed by the board, conduct investigations pursuant to | 8696 |
section 4906.07 of the Revised Code, and perform such other duties | 8697 |
as the board may prescribe. | 8698 |
(C) The | 8699 |
commission may assign or transfer duties among the commission's | 8700 |
staff. However, the board's authority to grant certificates under | 8701 |
section 4906.10 of the Revised Code shall not be exercised by any | 8702 |
officer, employee, or body other than the board itself. | 8703 |
(D) The | 8704 |
chairperson's assistance, temporarily, any employee of the | 8705 |
environmental protection agency, the department of natural | 8706 |
resources, the department of agriculture, the department of | 8707 |
health, or the department of development, for the purpose of | 8708 |
making studies, conducting hearings, investigating applications, | 8709 |
or preparing any report required or authorized under this chapter. | 8710 |
Such employees shall not receive any additional compensation over | 8711 |
that which they receive from the agency by which they are | 8712 |
employed, but they shall be reimbursed for their actual and | 8713 |
necessary expenses incurred while working under the direction of | 8714 |
the | 8715 |
subject to the approval of the | 8716 |
(E) The board's offices shall be located in those of the | 8717 |
public utilities commission. | 8718 |
Sec. 5107.26. (A) As used in this section: | 8719 |
(1) "Transitional child care" means publicly funded child | 8720 |
care provided under division (A)(3) of section 5104.34 of the | 8721 |
Revised Code. | 8722 |
(2) "Transitional medicaid" means the medical assistance | 8723 |
provided under section 5111.0115 of the Revised Code. | 8724 |
(B) Except as provided in division (C) of this section, each | 8725 |
member of an assistance group participating in Ohio works first is | 8726 |
ineligible to participate in the program for six payment months if | 8727 |
a county department of job and family services determines that a | 8728 |
member of the assistance group terminated the member's employment | 8729 |
and each person who, on the day prior to the day a recipient | 8730 |
begins to receive transitional child care or transitional | 8731 |
medicaid, was a member of the recipient's assistance group is | 8732 |
ineligible to participate in Ohio works first for six payment | 8733 |
months if a county department determines that the recipient | 8734 |
terminated the recipient's employment. | 8735 |
(C) No assistance group member shall lose or be denied | 8736 |
eligibility to participate in Ohio works first pursuant to | 8737 |
division (B) of this section if the termination of employment was | 8738 |
because an assistance group member or recipient of transitional | 8739 |
child care or transitional medicaid secured comparable or better | 8740 |
employment or the county department of job and family services | 8741 |
certifies that the member or recipient terminated the employment | 8742 |
with just cause. | 8743 |
Just cause includes the following: | 8744 |
(1) Discrimination by an employer based on age, race, sex, | 8745 |
color, handicap, religious beliefs, or national origin; | 8746 |
(2) Work demands or conditions that render continued | 8747 |
employment unreasonable, such as working without being paid on | 8748 |
schedule; | 8749 |
(3) Employment that has become unsuitable due to any of the | 8750 |
following: | 8751 |
(a) The wage is less than the federal minimum wage; | 8752 |
(b) The work is at a site subject to a strike or lockout, | 8753 |
unless the strike has been enjoined under section 208 of the | 8754 |
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A. | 8755 |
178, as amended, or an injunction has been issued under section 10 | 8756 |
of the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, | 8757 |
as amended | 8758 |
8759 |
(c) The documented degree of risk to the member or | 8760 |
recipient's health and safety is unreasonable; | 8761 |
(d) The member or recipient is physically or mentally unfit | 8762 |
to perform the employment, as documented by medical evidence or by | 8763 |
reliable information from other sources. | 8764 |
(4) Documented illness of the member or recipient or of | 8765 |
another assistance group member of the member or recipient | 8766 |
requiring the presence of the member or recipient; | 8767 |
(5) A documented household emergency; | 8768 |
(6) Lack of adequate child care for children of the member or | 8769 |
recipient who are under six years of age. | 8770 |
Sec. 5123.51. (A) In addition to any other action required | 8771 |
by sections 5123.61 and 5126.31 of the Revised Code, the | 8772 |
department of developmental disabilities shall review each report | 8773 |
the department receives of abuse or neglect of an individual with | 8774 |
mental retardation or a developmental disability or | 8775 |
misappropriation of an individual's property that includes an | 8776 |
allegation that an MR/DD employee committed or was responsible for | 8777 |
the abuse, neglect, or misappropriation. The department shall | 8778 |
review a report it receives from a public children services agency | 8779 |
only after the agency completes its investigation pursuant to | 8780 |
section 2151.421 of the Revised Code. On receipt of a notice under | 8781 |
section 2930.061 or 5123.541 of the Revised Code, the department | 8782 |
shall review the notice. | 8783 |
(B) The department shall do both of the following: | 8784 |
(1) Investigate the allegation or adopt the findings of an | 8785 |
investigation or review of the allegation conducted by another | 8786 |
person or government entity and determine whether there is a | 8787 |
reasonable basis for the allegation; | 8788 |
(2) If the department determines that there is a reasonable | 8789 |
basis for the allegation, conduct an adjudication pursuant to | 8790 |
Chapter 119. of the Revised Code. | 8791 |
(C)(1) The department shall appoint an independent hearing | 8792 |
officer to conduct any hearing conducted pursuant to division | 8793 |
(B)(2) of this section, except that, if the hearing is regarding | 8794 |
an employee of the department who is represented by a union, the | 8795 |
department and a representative of the union shall jointly select | 8796 |
the hearing officer. | 8797 |
(2)(a) Except as provided in division (C)(2)(b) of this | 8798 |
section, no hearing shall be conducted under division (B)(2) of | 8799 |
this section until any criminal proceeding
| 8800 |
8801 | |
concluded. | 8802 |
(b) The department may conduct a hearing pursuant to division | 8803 |
(B)(2) of this section before a criminal proceeding concerning the | 8804 |
same allegation is concluded if both of the following are the | 8805 |
case: | 8806 |
(i) The department notifies the prosecutor responsible for | 8807 |
the criminal proceeding that the department proposes to conduct a | 8808 |
hearing. | 8809 |
(ii) The prosecutor consents to the hearing. | 8810 |
(3) In conducting a hearing pursuant to division (B)(2) of | 8811 |
this section, the hearing officer shall do all of the following: | 8812 |
(a) Determine whether there is clear and convincing evidence | 8813 |
that the MR/DD employee has done any of the following: | 8814 |
(i) Misappropriated property of one or more individuals with | 8815 |
mental retardation or a developmental disability that has a value, | 8816 |
either separately or taken together, of one hundred dollars or | 8817 |
more; | 8818 |
(ii) Misappropriated property of an individual with mental | 8819 |
retardation or a developmental disability that is designed to be | 8820 |
used as a check, draft, negotiable instrument, credit card, charge | 8821 |
card, or device for initiating an electronic fund transfer at a | 8822 |
point of sale terminal, automated teller machine, or cash | 8823 |
dispensing machine; | 8824 |
(iii) Knowingly abused such an individual; | 8825 |
(iv) Recklessly abused or neglected such an individual, with | 8826 |
resulting physical harm; | 8827 |
(v) Negligently abused or neglected such an individual, with | 8828 |
resulting serious physical harm; | 8829 |
(vi) Recklessly neglected such an individual, creating a | 8830 |
substantial risk of serious physical harm; | 8831 |
(vii) Engaged in sexual conduct or had sexual contact with an | 8832 |
individual with mental retardation or another developmental | 8833 |
disability who was not the MR/DD employee's spouse and for whom | 8834 |
the MR/DD employee was employed or under a contract to provide | 8835 |
care; | 8836 |
(viii) Unreasonably failed to make a report pursuant to | 8837 |
division (C) of section 5123.61 of the Revised Code when the | 8838 |
employee knew or should have known that the failure would result | 8839 |
in a substantial risk of harm to an individual with mental | 8840 |
retardation or a developmental disability. | 8841 |
(b) | 8842 |
8843 |
| 8844 |
hearing. | 8845 |
(D)(1) Unless the director of developmental disabilities | 8846 |
determines that there are extenuating circumstances and except as | 8847 |
provided in division (E) of this section, if the director, after | 8848 |
considering all of the factors listed in division (C)(3) of this | 8849 |
section, finds that there is clear and convincing evidence that an | 8850 |
MR/DD employee has done one or more of the things described in | 8851 |
division (C)(3)(a) of this section the director shall include the | 8852 |
name of the employee in the registry established under section | 8853 |
5123.52 of the Revised Code. | 8854 |
(2) Extenuating circumstances the director must consider | 8855 |
include the use of physical force by an MR/DD employee that was | 8856 |
necessary as self-defense. | 8857 |
(3) If the director includes an MR/DD employee in the | 8858 |
registry established under section 5123.52 of the Revised Code, | 8859 |
the director shall notify the employee, the person or government | 8860 |
entity that employs or contracts with the employee, the individual | 8861 |
with mental retardation or a developmental disability who was the | 8862 |
subject of the report and that individual's legal guardian, if | 8863 |
any, the attorney general, and the prosecuting attorney or other | 8864 |
law enforcement agency. If the MR/DD employee holds a license, | 8865 |
certificate, registration, or other authorization to engage in a | 8866 |
profession issued pursuant to Title XLVII of the Revised Code, the | 8867 |
director shall notify the appropriate agency, board, department, | 8868 |
or other entity responsible for regulating the employee's | 8869 |
professional practice. | 8870 |
(4) If an individual whose name appears on the registry is | 8871 |
involved in a court proceeding or arbitration arising from the | 8872 |
same facts as the allegation resulting in the individual's | 8873 |
placement on the registry, the disposition of the proceeding or | 8874 |
arbitration shall be noted in the registry next to the | 8875 |
individual's name. | 8876 |
(E) In the case of an allegation concerning an employee of | 8877 |
the department, after the hearing conducted pursuant to division | 8878 |
(B)(2) of this section, the director of health or that director's | 8879 |
designee shall review the decision of the hearing officer to | 8880 |
determine whether the standard described in division (C)(3) of | 8881 |
this section has been met. If the director or designee determines | 8882 |
that the standard has been met and that no extenuating | 8883 |
circumstances exist, the director or designee shall notify the | 8884 |
director of developmental disabilities that the MR/DD employee is | 8885 |
to be included in the registry established under section 5123.52 | 8886 |
of the Revised Code. If the director of developmental disabilities | 8887 |
receives such notification, the director shall include the MR/DD | 8888 |
employee in the registry and shall provide the notification | 8889 |
described in division (D)(3) of this section. | 8890 |
(F) If the department is required by Chapter 119. of the | 8891 |
Revised Code to give notice of an opportunity for a hearing and | 8892 |
the MR/DD employee subject to the notice does not timely request a | 8893 |
hearing in accordance with section 119.07 or 5123.0414 of the | 8894 |
Revised Code, the department is not required to hold a hearing. | 8895 |
(G) Files and records of investigations conducted pursuant to | 8896 |
this section are not public records as defined in section 149.43 | 8897 |
of the Revised Code, but, on request, the department shall provide | 8898 |
copies of those files and records to the attorney general, a | 8899 |
prosecuting attorney, or a law enforcement agency. | 8900 |
Sec. 5126.24. (A) As used in this section: | 8901 |
(1) "License" means an educator license issued by the state | 8902 |
board of education under section 3319.22 of the Revised Code or a | 8903 |
certificate issued by the department of developmental | 8904 |
disabilities. | 8905 |
(2) "Teacher" means a person employed by a county board of | 8906 |
developmental disabilities in a position that requires a license. | 8907 |
(3) "Nonteaching employee" means a person employed by a | 8908 |
county board of developmental disabilities in a position that does | 8909 |
not require a license. | 8910 |
| 8911 |
8912 |
(B) Subject to rules established by the director of | 8913 |
developmental disabilities pursuant to Chapter 119. of the Revised | 8914 |
Code, each county board of developmental disabilities shall | 8915 |
8916 | |
nonteaching employees a salary based upon performance as described | 8917 |
in section 3317.13 of the Revised Code. | 8918 |
(C) | 8919 |
8920 | |
8921 | |
8922 | |
8923 | |
8924 | |
8925 | |
8926 | |
8927 |
| 8928 |
8929 | |
8930 | |
8931 | |
8932 | |
8933 | |
8934 | |
8935 | |
8936 | |
8937 | |
8938 |
The superintendent of each county board, on or before the | 8939 |
fifteenth day of October of each year, shall certify to the state | 8940 |
board of education the name of each teacher employed, on an annual | 8941 |
salary, in each special education program operated pursuant to | 8942 |
section 3323.09 of the Revised Code during the first full school | 8943 |
week of October. The superintendent further shall certify, for | 8944 |
each teacher, the number of years of training completed at a | 8945 |
recognized college, the degrees earned from a college recognized | 8946 |
by the state board, the type of license held, the number of months | 8947 |
employed by the board, the annual salary, and other information | 8948 |
that the state board may request. | 8949 |
(D) | 8950 |
8951 | |
8952 | |
8953 | |
from time to time, specifications descriptive of duties, | 8954 |
responsibilities, requirements, and desirable qualifications of | 8955 |
the classifications of employees required to perform the duties | 8956 |
8957 | |
those classifications. All nonteaching employees shall be notified | 8958 |
of the position classification to which they are assigned | 8959 |
8960 | |
8961 | |
8962 | |
8963 |
On the fifteenth day of October of each year the nonteaching | 8964 |
employees' | 8965 |
salaries in effect on that date shall be filed by each board with | 8966 |
the superintendent of public instruction. If such | 8967 |
8968 | |
instruction shall order the board to file such | 8969 |
forthwith. If this condition is not corrected within ten days | 8970 |
after receipt of the order from the superintendent, no money shall | 8971 |
be distributed to the district under Chapter 3306. or 3317. of the | 8972 |
Revised Code until the superintendent has satisfactory evidence of | 8973 |
the board's full compliance with such order. | 8974 |
Sec. 5139.02. (A)(1) As used in this section, "managing | 8975 |
officer" means a deputy director, an assistant deputy director, a | 8976 |
superintendent, a regional administrator, a deputy superintendent, | 8977 |
or the superintendent of schools of the department of youth | 8978 |
services, a member of the release authority, the chief of staff to | 8979 |
the release authority, and the victims administrator of the office | 8980 |
of victim services. | 8981 |
(2) Each division established by the director of youth | 8982 |
services shall consist of managing officers and other employees, | 8983 |
including those employed in institutions and regions as necessary | 8984 |
to perform the functions assigned to them. The director or | 8985 |
appropriate deputy director or managing officer of the department | 8986 |
shall supervise the work of each division and determine general | 8987 |
policies governing the exercise of powers vested in the department | 8988 |
and assigned to each division. The appropriate managing officer or | 8989 |
deputy director is responsible to the director for the | 8990 |
organization, direction, and supervision of the work of the | 8991 |
division or unit and for the exercise of the powers and the | 8992 |
performance of the duties of the department assigned to it and, | 8993 |
with the director's approval, may establish bureaus or other | 8994 |
administrative units within the department. | 8995 |
(B) The director shall appoint all managing officers, who | 8996 |
shall be in the unclassified civil service. The director may | 8997 |
appoint a person who holds a certified position in the classified | 8998 |
service within the department to a position as a managing officer | 8999 |
within the department. A person appointed pursuant to this | 9000 |
division to a position as a managing officer shall retain the | 9001 |
right to resume the position and status held by the person in the | 9002 |
classified service immediately prior to the person's appointment | 9003 |
as managing officer, regardless of the number of positions the | 9004 |
person held in the unclassified service. A managing officer's | 9005 |
right to resume a position in the classified service may only be | 9006 |
exercised when the director demotes the managing officer to a pay | 9007 |
9008 | |
level or revokes the managing officer's appointment to the | 9009 |
position of managing officer. A managing officer forfeits the | 9010 |
right to resume a position in the classified service when the | 9011 |
managing officer is removed from the position of managing officer | 9012 |
due to incompetence, inefficiency, dishonesty, drunkenness, | 9013 |
immoral conduct, insubordination, discourteous treatment of the | 9014 |
public, neglect of duty, violation of this chapter or Chapter 124. | 9015 |
of the Revised Code, the rules of the director of youth services | 9016 |
or the director of administrative services, any other failure of | 9017 |
good behavior, any other acts of misfeasance, malfeasance, or | 9018 |
nonfeasance in office, or conviction of a felony. A managing | 9019 |
officer also forfeits the right to resume a position in the | 9020 |
classified service upon transfer to a different agency. | 9021 |
Reinstatement to a position in the classified service shall | 9022 |
be to the position held in the classified service immediately | 9023 |
prior to appointment as managing officer, or to another position | 9024 |
certified by the director of administrative services as being | 9025 |
substantially equal to that position. If the position the person | 9026 |
previously held in the classified service immediately prior to | 9027 |
appointment as a managing officer has been placed in the | 9028 |
unclassified service or is otherwise unavailable, the person shall | 9029 |
be appointed to a position in the classified service within the | 9030 |
department that the director of administrative services certifies | 9031 |
is comparable in compensation to the position the person | 9032 |
previously held in the classified service. Service as a managing | 9033 |
officer shall be counted as service in the position in the | 9034 |
classified service held by the person immediately prior to the | 9035 |
person's appointment as a managing officer. If a person is | 9036 |
reinstated to a position in the classified service under this | 9037 |
division, the person shall be returned to the pay | 9038 |
level to which the person had been assigned at the time of the | 9039 |
appointment as managing officer. | 9040 |
9041 | |
9042 |
(C) Each person appointed as a managing officer shall have | 9043 |
received special training and shall have experience in the type of | 9044 |
work that the person's division is required to perform. Each | 9045 |
managing officer, under the supervision of the director, has | 9046 |
entire charge of the division, institution, unit, or region for | 9047 |
which the managing officer is appointed and, with the director's | 9048 |
approval, shall appoint necessary employees and may remove them | 9049 |
for cause. | 9050 |
(D) The director may designate one or more deputy directors | 9051 |
to sign any personnel actions on the director's behalf. The | 9052 |
director shall make a designation in a writing signed by the | 9053 |
director, and the designation shall remain in effect until the | 9054 |
director revokes or supersedes it with a new designation. | 9055 |
Sec. 5503.03. The state highway patrol and the | 9056 |
superintendent of the state highway patrol shall be furnished by | 9057 |
the state with such vehicles, equipment, and supplies as the | 9058 |
director of public safety deems necessary, all of which shall | 9059 |
remain the property of the state and be strictly accounted for by | 9060 |
each member of the patrol. | 9061 |
The patrol may be equipped with standardized and tested | 9062 |
devices for weighing vehicles, and may stop and weigh any vehicle | 9063 |
which appears to weigh in excess of the amounts permitted by | 9064 |
sections 5577.01 to 5577.14 of the Revised Code. | 9065 |
The superintendent, with the approval of the director, shall | 9066 |
prescribe rules for instruction and discipline, make all | 9067 |
administrative rules, and fix the hours of duty for patrol | 9068 |
officers. | 9069 |
districts and assign members of the patrol to such districts in a | 9070 |
manner that | 9071 |
superintendent may transfer members of the patrol from one | 9072 |
district to another, and classify and rank members of the patrol. | 9073 |
All promotions to a higher grade shall be made from the next lower | 9074 |
grade. When a patrol officer is promoted by the superintendent, | 9075 |
the officer's salary shall be increased to that of the lowest | 9076 |
salary or wage in the pay range for the new grade which shall | 9077 |
increase the officer's salary or wage by at least nine per cent of | 9078 |
the base pay wherever possible. | 9079 |
Sec. 5505.15. (A)(1) A member of the state highway patrol | 9080 |
retirement system shall contribute ten per cent of the member's | 9081 |
annual salary to the state highway patrol retirement fund. The | 9082 |
amount shall be deducted by the employer from the employee's | 9083 |
salary for each payroll period. | 9084 |
The contributions required under this section shall not be | 9085 |
paid by an employer on an employee's behalf, but may be treated as | 9086 |
employer contributions for purposes of state and federal income | 9087 |
tax deferred income provisions. | 9088 |
(2) The total contributions arising from deductions made | 9089 |
prior to January 1, 1966, from the salaries of members in the | 9090 |
employ of the state highway patrol and standing to the credit of | 9091 |
their individual accounts in the retirement fund shall be | 9092 |
transferred and credited to their respective individual accounts | 9093 |
in the employees' savings fund. | 9094 |
(B) The state shall annually pay into the employer | 9095 |
accumulation fund, in monthly or less frequent installments as the | 9096 |
state highway patrol retirement board requires, the employer | 9097 |
contribution. The employer contribution shall be an amount equal | 9098 |
to twenty-six and one-half per cent of the total salaries paid | 9099 |
contributing members. If a member severs connection with the | 9100 |
patrol or is dismissed, the employer contribution shall remain in | 9101 |
the retirement system. | 9102 |
The rate percentage of the employer contribution shall be | 9103 |
certified by the board to the director of budget and management | 9104 |
and shall not be lower than nine per cent of the total salaries | 9105 |
paid contributing members and shall not exceed three times the | 9106 |
rate percentage being deducted from the annual salaries of | 9107 |
contributing members. The board shall prepare and submit to the | 9108 |
director, on or before the first day of November of each | 9109 |
even-numbered year, an estimate of the amounts necessary to pay | 9110 |
the state's obligations accruing during the biennium beginning the | 9111 |
first day of July of the following year. Such amounts shall be | 9112 |
included in the budget and allocated as certified by the board. | 9113 |
Section 2. That existing sections 9.90, 103.74, 122.64, | 9114 |
122.72, 124.134, 124.14, 124.15, 124.152, 124.181, 124.322, | 9115 |
124.325, 124.34, 124.38, 124.388, 124.39, 124.81, 124.82, 145.47, | 9116 |
306.04, 307.054, 339.06, 339.07, 340.04, 505.38, 505.49, 505.60, | 9117 |
709.012, 742.31, 749.082, 749.083, 927.69, 1545.071, 3306.01, | 9118 |
3307.27, 3307.77, 3309.47, 3311.19, 3313.12, 3313.202, 3313.23, | 9119 |
3313.24, 3313.33, 3313.42, 3314.10, 3316.07, 3317.01, 3317.018, | 9120 |
3317.11, 3317.13, 3319.01, 3319.011, 3319.02, 3319.06, 3319.08, | 9121 |
3319.084, 3319.085, 3319.088, 3319.09, 3319.10, 3319.11, 3319.13, | 9122 |
3319.14, 3319.141, 3319.17, 3319.172, 3319.18, 3319.63, 3326.18, | 9123 |
3332.03, 4117.01, 4117.02, 4117.03, 4117.05, 4117.06, 4117.07, | 9124 |
4117.08, 4117.09, 4117.10, 4117.11, 4117.12, 4117.13, 4117.14, | 9125 |
4117.15, 4117.18, 4117.20, 4117.21, 4725.46, 4906.02, 5107.26, | 9126 |
5123.51, 5126.24, 5139.02, 5503.03, and 5505.15 and sections | 9127 |
3317.12, 3317.14, 3319.131, 3319.142, 3319.143, 4117.16, | 9128 |
4117.22, and 4117.23 of the Revised Code are hereby repealed. | 9129 |
Section 3. This act applies to contracts entered into under | 9130 |
section 124.81 of the Revised Code on or after the effective date | 9131 |
of this act. | 9132 |
Section 4. The amendments to Chapter 4117. of the Revised | 9133 |
Code by this act shall apply to a collective bargaining agreement | 9134 |
entered into on or after the effective date of this section and to | 9135 |
versions of a collective bargaining agreement in effect on the | 9136 |
effective date of this section that result from extension, | 9137 |
modification, or renewal of the collective bargaining agreement on | 9138 |
or after that date. | 9139 |
Section 5. The items of law contained in this act, and their | 9140 |
applications, are severable. If any item of law contained in this | 9141 |
act, or if any application of any item of law contained in this | 9142 |
act, is held invalid, the invalidity does not affect other items | 9143 |
of law contained in this act and their applications that can be | 9144 |
given effect without the invalid item of law or application. | 9145 |
Section 6. The General Assembly, applying the principle | 9146 |
stated in division (B) of section 1.52 of the Revised Code that | 9147 |
amendments are to be harmonized if reasonably capable of | 9148 |
simultaneous operation, finds that the following sections, | 9149 |
presented in this act as composites of the sections as amended by | 9150 |
the acts indicated, are the resulting versions of the sections in | 9151 |
effect prior to the effective date of the sections as presented in | 9152 |
this act: | 9153 |
Section 124.181 of the Revised Code as amended by both Am. | 9154 |
Sub. H.B. 1 and Am. Sub. H.B. 16 of the 128th General Assembly. | 9155 |
Section 124.34 of the Revised Code as amended by both Am. | 9156 |
Sub. H.B. 1 and Am. Sub. H.B. 16 of the 128th General Assembly. | 9157 |
Section 505.49 of the Revised Code as amended by both Am. | 9158 |
Sub. H.B. 490 and Am. H.B. 515 of the 124th General Assembly. | 9159 |
Section 5126.24 of the Revised Code as amended by both Am. | 9160 |
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. | 9161 |