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As Reported by the House State Government Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 348 |
REPRESENTATIVES SCHUCK-TAYLOR-SCHULER-GRENDELL-CORBIN-WILLIAMS-
GARCIA-THOMAS-WACHTMANN
A BILL
To amend sections 124.34 and 4117.10 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, and to specify the
date when a disciplinary order is served upon
a classified
employee.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.34 and 4117.10 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. 4117.10. (A) An agreement between a public employer
and an exclusive representative entered into pursuant to this
chapter governs the wages, hours, and terms and conditions of
public employment covered by the agreement. If the agreement
provides for a final and binding arbitration of grievances,
public employers, employees, and employee organizations are
subject solely to that grievance procedure and the state
personnel board of review or civil service commissions have no
jurisdiction to receive and determine any appeals relating to
matters that were the subject of a final and binding grievance
procedure. Where no agreement exists or where an agreement makes
no specification about a matter, the public employer and public
employees are subject to all applicable state or local laws or
ordinances pertaining to the wages, hours, and terms and
conditions of employment for public employees. Laws pertaining
to civil rights, affirmative action, unemployment compensation,
workers' compensation, the retirement of public employees, and
residency requirements, the minimum educational requirements
contained in the Revised Code pertaining to public education
including the requirement of a certificate by the fiscal officer
of a school district pursuant to section 5705.41 of the Revised
Code, THE PROVISIONS OF DIVISION (A) OF SECTION 124.34 of the Revised Code
GOVERNING THE DISCIPLINING OF OFFICERS AND EMPLOYEES WHO HAVE BEEN CONVICTED
OF A FELONY, and the minimum standards promulgated by the state
board of
education pursuant to division (D) of section 3301.07 of the
Revised Code prevail over conflicting provisions of agreements
between employee organizations and public employers. The law
pertaining to the leave of absence and compensation provided
under section 5923.05 of the Revised Code prevails over any
conflicting provisions of such agreements if the terms of the
agreement contain benefits which are less than those contained in
that section or the agreement contains no such terms and the
public authority is the state or any agency, authority,
commission, or board of the state or if the public authority is
another entity listed in division (B) of section 4117.01 of the
Revised Code that elects to provide leave of absence and
compensation as provided in section 5923.05 of the Revised Code.
Except for sections 306.08, 306.12, 306.35, and 4981.22 of the
Revised Code and arrangements entered into thereunder, and
section 4981.21 of the Revised Code as necessary to comply with
section 13(c) of the "Urban Mass Transportation Act of 1964," 87
Stat. 295, 49 U.S.C.A. 1609(c), as amended, and arrangements
entered into thereunder, this chapter prevails over any and all
other conflicting laws, resolutions, provisions, present or
future, except as otherwise specified in this chapter or as
otherwise specified by the general assembly. Nothing in this
section prohibits or shall be construed to invalidate the
provisions of an agreement establishing supplemental workers'
compensation or unemployment compensation benefits or exceeding
minimum requirements contained in the Revised Code pertaining to
public education or the minimum standards promulgated by the
state board of education pursuant to division (D) of section
3301.07 of the Revised Code.
(B) The public employer shall submit a request for funds
necessary to implement an agreement and for approval of any other
matter requiring the approval of the appropriate legislative body
to the legislative body within fourteen days of the date on which
the parties finalize the agreement, unless otherwise specified,
but if the appropriate legislative body is not in session at the
time, then within fourteen days after it convenes. The
legislative body must approve or reject the submission as a
whole, and the submission is deemed approved if the legislative
body fails to act within thirty days after the public employer
submits the agreement. The parties may specify that those
provisions of the agreement not requiring action by a legislative
body are effective and operative in accordance with the terms of
the agreement, provided there has been compliance with division
(C) of this section. If the legislative body rejects the
submission of the public employer, either party may reopen all or
part of the entire agreement.
As used in this section, "legislative body" includes the
general assembly, the governing board of a municipal corporation,
school district, college or university, village, township, or
board of county commissioners or any other body that has
authority to approve the budget of their public jurisdiction.
(C) The chief executive officer, or his THE CHIEF EXECUTIVE
OFFICER'S representative, of
each municipal corporation, the designated representative of the
board of education of each school district, college or
university, or any other body that has authority to approve the
budget of their public jurisdiction, the designated
representative of the board of county commissioners and of each
elected officeholder of the county whose employees are covered by
the collective negotiations, and the designated representative of
the village or the board of township trustees of each township is
responsible for negotiations in the collective bargaining
process; except that the legislative body may accept or reject a
proposed collective bargaining agreement. When the matters about
which there is agreement are reduced to writing and approved by
the employee organization and the legislative body, the agreement
is binding upon the legislative body, the employer, and the
employee organization and employees covered by the agreement.
(D) There is hereby established an office of collective
bargaining in the department of administrative services for the
purpose of negotiating with and entering into written agreements
between state agencies, departments, boards, and commissions and
the exclusive representative on matters of wages, hours, terms
and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective bargaining agreement. Nothing in any provision of law
to the contrary shall be interpreted as excluding the bureau of
workers' compensation and the industrial commission from the
preceding sentence. This office shall not negotiate on behalf of
other statewide elected officials or boards of trustees of state
institutions of higher education who shall be considered as
separate public employers for the purposes of this chapter;
however, the office may negotiate on behalf of these officials or
trustees where authorized by the officials or trustees. The
staff of the office of collective bargaining are in the
unclassified service. The director of administrative services
shall fix the compensation of the staff.
The office of collective bargaining shall:
(1) Assist the director in formulating management's
philosophy for public collective bargaining as well as planning
bargaining strategies;
(2) Conduct negotiations with the exclusive
representatives of each employee organization;
(3) Coordinate the state's resources in all mediation,
fact-finding, and arbitration cases as well as in all labor
disputes;
(4) Conduct systematic reviews of collective bargaining
agreements for the purpose of contract negotiations;
(5) Coordinate the systematic compilation of data by all
agencies that is required for negotiating purposes;
(6) Prepare and submit an annual report and other reports
as requested to the governor and the general assembly on the
implementation of this chapter and its impact upon state
government.
Section 2. That existing sections 124.34 and 4117.10 of the Revised Code are
hereby repealed.
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