The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 348 |
REPRESENTATIVES SCHUCK-TAYLOR-SCHULER-GRENDELL-CORBIN-WILLIAMS-
TAYLOR-GARCIA-THOMAS
A BILL
To amend sections 124.34 and 2313.12 of the Revised Code to make
conviction of certain felonies a separate basis for disciplining
a classified
employee,
to prohibit appeals to the State Personnel Board of Review or
a local civil
service commission if the subject of the appeal is a
classified employee's
discipline for conviction of certain felonies,
to deprive a person convicted
of certain felonies of tenure rights to state
employment, to specify the
date when a disciplinary order is served upon
a classified employee, and to
require a juror to sign a statement affirming
that the juror has not been
convicted of a felony.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.34 and 2313.12 of the Revised Code be amended to
read as follows:
Sec. 124.34. (A) The tenure of every officer or employee in
the classified service of the state and the counties, civil
service townships, cities, city health districts, general health
districts, and city school districts thereof, holding a position
under this chapter of the Revised Code, shall be during good
behavior and efficient service and no. NO such officer
or employee shall be reduced in pay or position, suspended, or removed,
except as provided in section 124.32 of the Revised Code, and for
incompetency, inefficiency, dishonesty, drunkenness, immoral
conduct, insubordination, discourteous treatment of the public,
neglect of duty, violation of such sections or the rules of the
director of administrative services or the commission, or any
other failure of good behavior, or any other acts of misfeasance,
malfeasance, or nonfeasance in office, OR CONVICTION OF A
FELONY. A
finding by the appropriate ethics commission, based
upon a preponderance of the evidence, that the facts alleged in a complaint
under section
102.06 of the Revised Code constitute a violation of Chapter
102., section 2921.42, or section 2921.43 of the Revised Code may
constitute grounds for dismissal. Failure to file a statement or
falsely filing a statement required by section 102.02 of the
Revised Code may also constitute grounds for dismissal.
CONVICTION OF A FELONY IS A SEPARATE BASIS FOR REDUCING IN PAY OR
POSITION, SUSPENDING, OR REMOVING AN OFFICER OR EMPLOYEE, EVEN IF THE OFFICER
OR EMPLOYEE HAS ALREADY BEEN REDUCED IN PAY OR POSITION, SUSPENDED, OR REMOVED
FOR THE SAME CONDUCT THAT IS THE BASIS OF THE FELONY. AN OFFICER OR EMPLOYEE
MAY NOT APPEAL TO THE STATE
PERSONNEL BOARD OF REVIEW OR THE COMMISSION ANY DISCIPLINARY ACTION TAKEN BY
AN APPOINTING AUTHORITY AS A RESULT OF THE OFFICER'S OR EMPLOYEE'S CONVICTION
OF A FELONY. IF AN OFFICER OR EMPLOYEE REMOVED UNDER THIS SECTION IS
REINSTATED AS A RESULT OF AN APPEAL OF THE REMOVAL, ANY CONVICTION OF A FELONY
THAT OCCURS DURING THE PENDENCY OF THE APPEAL IS A BASIS FOR
FURTHER DISCIPLINARY ACTION UNDER THIS SECTION UPON THE OFFICER'S OR
EMPLOYEE'S REINSTATEMENT.
A PERSON CONVICTED OF A FELONY IMMEDIATELY FORFEITS ANY
RIGHTS TO TENURE IN ANY STATE EMPLOYMENT ON AND AFTER THE DATE OF CONVICTION
FOR THE FELONY. IF AN OFFICER OR EMPLOYEE IS REMOVED UNDER THIS SECTION AS A
RESULT OF BEING CONVICTED OF A FELONY OR IS SUBSEQUENTLY CONVICTED OF A FELONY
THAT INVOLVES THE SAME CONDUCT THAT WAS THE BASIS FOR THE REMOVAL, THE OFFICER
OR
EMPLOYEE IS BARRED FROM RECEIVING ANY COMPENSATION AFTER THE REMOVAL
NOTWITHSTANDING ANY MODIFICATION OR DISAFFIRMANCE OF THE REMOVAL, UNLESS THE
CONVICTION FOR THE FELONY IS SUBSEQUENTLY REVERSED OR
ANNULLED.
AS USED IN THIS DIVISION, "FELONY" MEANS ANY OF THE FOLLOWING:
(1) A FELONY THAT IS AN OFFENSE OF VIOLENCE AS DEFINED IN SECTION 2901.01
of the Revised Code;
(2) A FELONY THAT IS A FELONY DRUG ABUSE OFFENSE AS DEFINED IN SECTION
2925.01 of the Revised Code;
(3) A FELONY UNDER THE LAWS OF THIS OR ANY OTHER STATE OR THE
UNITED STATES THAT IS A CRIME OF MORAL TURPITUDE.
(B) In any case of reduction, suspension of more than three
working days, or removal, the appointing authority shall furnish
SERVE such employee with a copy of the order of reduction, suspension,
or removal, which order shall state the reasons therefor. Such
order shall be filed with the director of administrative services
and state personnel board of review, or the commission, as may be
appropriate.
Within ten days following the filing of DATE ON WHICH such order
IS SERVED, the employee, EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, may file an appeal, in writing, with the
state personnel
board of review or the commission. In the event FOR PURPOSES OF
THIS SECTION, THE DATE ON WHICH AN ORDER IS SERVED IS THE DATE OF HAND
DELIVERY OF THE ORDER OR THE DATE OF DELIVERY OF
THE ORDER BY CERTIFIED UNITED STATES MAIL, WHICHEVER OCCURS
FIRST. IF such an appeal is
filed, the board or commission shall forthwith notify the appointing authority
and shall hear, or appoint a trial board to hear, such appeal within thirty
days from and after its filing with the board or commission, and it may
affirm, disaffirm, or modify the judgment of the appointing authority.
In cases of removal or reduction in pay for disciplinary
reasons, either the appointing authority or the officer or
employee may appeal from the decision of the state personnel
board of review or the commission to the court of common pleas of
the county in which the employee resides in accordance with the
procedure provided by section 119.12 of the Revised Code.
(C) In the case of the suspension for any period of time, or
demotion, or removal of a chief of police or a chief of a fire
department or any member of the police or fire department of a
city or civil service township, the appointing authority shall
furnish such chief or member of a department with a copy of the
order of suspension, demotion, or removal, which order shall
state the reasons therefor. Such order shall be filed with the
municipal or civil service township civil service commission.
Within ten days following the filing of such order such chief or
member of a department may file an appeal, in writing, with the
municipal or civil service township civil service commission. In
the event IF such an appeal is filed, the commission shall
forthwith notify the appointing authority and shall hear, or appoint a
trial board to hear, such appeal within thirty days from and
after its filing with the commission, and it may affirm,
disaffirm, or modify the judgment of the appointing authority. An appeal on
questions of law and fact may be had from the
decision of the municipal or civil service township civil service
commission to the court of common pleas in the county in which
such city or civil service township is situated. Such appeal
shall be taken within thirty days from the finding of the
commission.
(D) A violation of division (A)(7) of section 2907.03 of the Revised
Code is grounds for termination of employment of a nonteaching employee under
this section.
Sec. 2313.12. (A) The exemptions of jurors shall be such as are
prescribed by sections 2313.01 to 2313.46, inclusive, of the Revised
Code, and the general statutes of the state. The commissioners of jurors
alone shall decide upon their JURORS' qualifications and
exemptions up until the time of notice for service, except as otherwise
expressly provided in such sections;, but
the court may
review and decide upon their qualifications and exemptions upon a written
application and satisfactory legal proof at any time after they are notified
and attend. The commissioners, upon request, shall issue to a person entitled
to an exemption a certificate of that fact, which shall exempt the person to
whom it is granted from jury duty during the time specified therein.
Said THE commissioners shall keep a record of all proceedings
before them or in their
office, and of all persons exempted and the time and reasons for such
exemptions.
(B) EACH JUROR SELECTED FOR COMMON PLEAS, MUNICIPAL, OR PROBATE
COURT SERVICE OR FOR GRAND JURY SERVICE SHALL SIGN A STATEMENT FOR THE
COMMISSIONERS OF JURORS AND, IF NECESSARY, FOR THE COURT AFFIRMING THAT THE
JUROR IS NOT DISQUALIFIED FROM SERVICE BECAUSE OF SECTION 2961.01 OF THE
REVISED CODE.
Section 2. That existing sections 124.34 and 2313.12 of the Revised Code are
hereby repealed.
|