130th Ohio General Assembly
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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.
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