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As Reported by House State Government Committee
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. S. B. No. 144 |
SENATORS WATTS-SCHAFRATH-MUMPER
A BILL
To amend sections 124.03, 124.09, 124.10, 124.11, 124.13, 124.134,
124.14, 124.15, 124.18, 124.181, 124.20, 124.25, 124.27, 124.30,
124.32, 124.323, 124.327, 124.34, 124.382, 124.383, 124.384, 124.385, 124.386,
124.387,
124.388, 124.82,
124.87, 124.92, 125.041, 125.12, 125.13, 125.21, 125.211, 125.48,
156.04, 2716.03,
4141.242, and 5101.07 and to
repeal sections 124.139 and 124.312 of the Revised Code to make various
changes in
the Civil Service, Excess and Surplus Supplies, and State
Printing Laws and in other laws that affect the Department of Administrative
Services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.03, 124.09, 124.10, 124.11, 124.13,
124.134, 124.14, 124.15, 124.18, 124.181, 124.20, 124.25,
124.27, 124.30, 124.32, 124.323, 124.327, 124.34, 124.382, 124.383, 124.384,
124.385, 124.386, 124.387,
124.388, 124.82, 124.87, 124.92, 125.041, 125.12, 125.13, 125.21, 125.211,
125.48,
156.04, 2716.03, 4141.242, and 5101.07 of the Revised Code be amended
to read as
follows:
Sec. 124.03. The state personnel board of review shall
exercise the following powers and perform the following duties:
(A) Hear appeals, as provided by law, of employees in the
classified state service from final decisions of appointing
authorities or the director of administrative services relative
to reduction in pay or position, job abolishments, layoff,
suspension, discharge, assignment or reassignment to a new or
different position classification, or refusal of the director, or
anybody authorized to perform his THE DIRECTOR'S functions, to
reassign an employee to another classification or to reclassify the
employee's position with or without a job audit under division
(E)(D) of section 124.14 of the Revised Code. As used in this
division, "discharge" includes involuntary disability
separations. The board
may affirm,
disaffirm, or modify the decisions of the appointing authorities
or the director, as the case may be, and its decision is final. The
board's decisions shall be consistent with the applicable classification
specifications. The board shall not be deprived of jurisdiction to
hear any appeal due to the failure of an appointing authority to file its
decision with the board. Any final decision of an appointing
authority or of the director not filed in the manner provided in
this chapter shall be disaffirmed. The board may place an exempt employee,
as defined in section 124.152 of the Revised Code, into a bargaining unit
classification, if the board determines that the bargaining unit
classification is the proper classification for that employee.
Notwithstanding Chapter 4117. of the Revised Code or instruments and contracts
negotiated under it, such placements are at the board's discretion.
In any hearing before the board, including any hearing at
which a record is taken that may be the basis of an appeal to a
court, an employee may be represented by a person permitted to
practice before the board who is not an attorney at law so long
as the person does not receive any compensation from the employee
for such representation.
(B) Hear appeals, as provided by law, of appointing
authorities from final decisions of the director relative to the
classification or reclassification of any position in the
classified state service under the jurisdiction of such
appointing authority. The board may affirm, disaffirm, or modify
the decisions of the director, and its decision is final. The
board's
decisions shall be consistent with the applicable classification
specifications.
(C) Exercise the authority provided by section 124.40 of
the Revised Code, for appointment, removal, and supervision of
municipal and civil service township civil service commissions;
(D) Appoint a secretary, referees, examiners, and whatever
other employees are necessary in the exercise of its powers and
performance of its duties and functions. The board shall
determine appropriate education and experience requirements for
its secretary, referees, examiners, and other employees and shall
prescribe their duties. A referee or examiner does not need to
have been admitted to the practice of law.
(E) Maintain a journal which shall be open to public
inspection, in which it shall keep a record of all of its
proceedings and of the vote of each of its members upon every
action taken by it;
(F) Adopt rules in accordance with Chapter 119. of the
Revised Code relating to the procedure of the board in
administering the laws which it has the authority or duty to
administer and for the purpose of invoking the jurisdiction of
the board in hearing appeals of appointing authorities and
employees in matters set forth in divisions (A) and (B) of this
section;
(G) Subpoena and require the attendance and testimony of
witnesses and the production of books, papers, public records,
and other documentary evidence pertinent to any matter which it
has authority to investigate, inquire into, or hear in the same
manner and to the same extent as provided by division (G) of
section 124.09 of the Revised Code. All witness fees shall be
paid in the manner set forth in that division.
(H) The board shall be funded by general revenue fund
appropriations. All moneys received by the board for copies of
documents, rule books, and transcriptions shall be paid into the
state treasury to the credit of the transcript and other
documents fund, which is hereby created to defray the cost of
furnishing or making available such copies, rule books, and
transcriptions.
Sec. 124.09. The director of administrative services
shall do all of the following:
(A) Prescribe, amend, and enforce administrative rules for
the purpose of carrying out the functions, powers, and duties
vested in and imposed upon the director by this chapter.
Except in the
case of rules adopted pursuant to section 124.14 of the Revised
Code, the prescription, amendment, and enforcement of rules under
this division are subject to approval, disapproval, or
modification by the state personnel board of review.
(B) Keep records of the director's proceedings and records
of all applications for examinations and all examinations conducted by
the director. All such records, except examinations
and recommendations of former
employers, shall be open to public inspection under reasonable
regulations; provided the governor, or any person designated by
the governor, may, for the purpose of investigation, have
free access to all such records, whenever the governor has reason to believe
that this chapter, or the administrative rules of the director prescribed
under such sections, are being violated.
(C) Prepare, continue, and keep in the office of the
department, a complete roster of all persons in the classified
service WHO ARE PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE. This
roster shall be open to public inspection at all
reasonable hours. It shall show in reference to each of such
THOSE persons, the person's name, address, the date of
appointment to or employment in such THE CLASSIFIED service,
the person's AND salary or compensation, the title of the place
or office which THAT the person holds, the nature of the duties
thereof OF THAT PLACE OR OFFICE, and, in case of
the person's removal or resignation, the date of
the termination of such THAT service.
(D) Approve the establishment of all new positions in the
civil service of the state and the reestablishment of abolished
positions.
(E) Require the abolishment of any position in the civil
service of the state that is not filled after a period of twelve
months unless it is determined that the position is seasonal in
nature or that the vacancy is otherwise justified.
(F) Make investigations concerning all matters touching
the enforcement and effect of this chapter, and the
administrative rules of the director prescribed under such
sections THIS CHAPTER. In the course of such investigations, the
director or the director's deputy may administer oaths and
affirmations,
and take testimony relative to any matter which the director has authority to
investigate.
(G) Have the power to subpoena and require the attendance
and testimony of witnesses and the production of books, papers,
public records, and other documentary evidence pertinent to the
investigations, inquiries, or hearings on any matter which the
director has authority to investigate, inquire into or hear, and to
examine them in relation to any matter which the director has authority to
investigate, inquire into, or hear. Fees shall be allowed to
witnesses, and on their certificate, duly audited, shall be paid
by the treasurer of state, or in the case of municipal or civil
service township civil service commissions by the county
treasurer, for attendance and traveling, as is provided in
section 2335.06 of the Revised Code for witnesses in courts of
record. All officers in the civil service of the state or any of
the political subdivisions thereof and their deputies, clerks,
and employees shall attend and testify when summoned to do so by
the director or the state personnel board of review. Depositions
of witnesses may be taken by the director or the board, or any
member thereof, in the manner prescribed by law for like
depositions in civil actions in the courts of common pleas. In
case any person, in disobedience to any subpoena issued by the
director or the board, or any member thereof, or the chief
examiner, fails or refuses to attend and testify to any matter
regarding which the person may be lawfully interrogated, or
produce any
documentary evidence pertinent to any investigation, inquiry, or
hearing, the court of common pleas of any county, or any judge
thereof, where such disobedience, failure, or refusal occurs,
upon application of the director or the board, or any member
thereof, or a municipal or civil service township civil service
commission, or any commissioner thereof, or their chief examiner,
shall compel obedience by attachment proceedings for contempt as
in the case of disobedience of the requirements of a subpoena
issued from such courts or a refusal to testify therein.
(H) Make a report to the governor, on or before the first
day of January of each year, showing the director's
actions, the rules
and all exceptions thereto in force, and any recommendations for
the more effectual accomplishment of the purposes of this
chapter. The director shall also furnish any special reports
to the governor whenever the governor requests
them. Such reports
shall be printed for public distribution under the same
regulations as are the reports of other state officers, boards,
or commissions.
Sec. 124.10. (A) Any creditor or judgment creditor of an
employee or officer of the state may maintain against the state
any action or proceeding in attachment or garnishment, or in aid
of execution to subject to the payment of his THE CREDITOR'S OR
JUDGMENT CREDITOR'S claim or judgment any salary, wages, or other
compensation owing to any such employee or officer of the state, in the
same
manner, to the same extent, and in the same courts as any creditor or judgment
creditor may, under the laws of this state, subject moneys due
his A debtor or judgment debtor from any person.
In any such action or proceeding against the state, the
order and notice of attachment, garnishment, or proceeding in aid
of execution shall be served upon the director of administrative
services and shall set forth the name of the state agency in
which such THE debtor or judgment debtor is employed.
(B) NO PROCEEDING IN GARNISHMENT OF
PERSONAL EARNINGS BROUGHT UNDER SECTION 2716.03 OF THE REVISED
CODE SHALL BE BROUGHT AGAINST A JUDGMENT DEBTOR SOONER THAN
THIRTY
DAYS AFTER THE TIME AN ORDER AND NOTICE OF GARNISHMENT IS SERVED UPON THE
DIRECTOR OF ADMINISTRATIVE SERVICES, REGARDLESS OF WHO BRINGS THE PROCEEDING
OR WHO BROUGHT THE LAST SUCCESSFUL PROCEEDING.
(C) If, at the time an order and notice of garnishment is
served upon the director of administrative services pursuant to
section 2716.05 of the Revised Code, he THE DIRECTOR has lost
administrative
control of disposable earnings of the defendant that are being
held back, the director may answer question 4(B) of the "Answer
of Employer (Garnishee)." In such a case, the director, as
garnishee, shall answer the order and notice of garnishment on
the first workday following the defendant's next subsequent pay
period, notwithstanding any other different time of answer
prescribed by Chapter 2716. of the Revised Code. If, at the time
an order and notice of garnishment is served upon him THE
DIRECTOR pursuant to section 2716.05 of the Revised Code, the director has
not lost administrative control of disposable earnings of the defendant
that are being held back, the director, as garnishee, shall
answer the order and notice of garnishment on the first workday
following the then-current pay period, notwithstanding any
different time of answer prescribed by Chapter 2716. of the
Revised Code.
Sec. 124.11. The civil service of the state and the
several counties, cities, civil service townships, city health
districts, general health districts, and city school districts
thereof shall be divided into the unclassified service and the
classified service.
(A) The unclassified service shall comprise the following
positions, which shall not be included in the classified service,
and which shall be exempt from all examinations required by this
chapter:
(1) All officers elected by popular vote or persons
appointed to fill vacancies in such offices;
(2) All election officers as defined in section 3501.01 of
the Revised Code;
(3) The members of all boards and commissions, and heads
of principal departments, boards, and commissions appointed by
the governor or by and with the governor's consent; and the members of all
boards and commissions and all heads of departments appointed by
the mayor, or, if there is no mayor, such other similar chief
appointing authority of any city or city school district; except
as otherwise provided in division (A)(17) or (C) of this section,
this chapter does not exempt the chiefs of police departments and
chiefs of fire departments of cities or civil service townships
from the competitive classified service;
(4) The members of county or district licensing boards or
commissions and boards of revision, and deputy county auditors;
(5) All officers and employees elected or appointed by
either or both branches of the general assembly, and such
employees of the city legislative authority as are engaged in
legislative duties;
(6) All commissioned, warrant, and noncommissioned
officers and enlisted persons in the
Ohio organized militia, including
military appointees in the
adjutant general's department;
(7)(a) All presidents, business managers, administrative
officers, superintendents, assistant superintendents, principals,
deans, assistant deans, instructors, teachers, and such employees
as are engaged in educational or research duties connected with
the public school system, colleges, and universities, as
determined by the governing body of the public school system,
colleges, and universities;
(b) The library staff of any library in the state
supported wholly or in part at public expense.
(8) Four clerical and administrative support employees for
each of the elective state officers; and three clerical and
administrative support employees for other elective officers and
each of the principal appointive executive officers, boards, or
commissions, except for civil service commissions, that are
authorized to appoint such clerical and administrative support
employees;
(9) The deputies and assistants of state agencies authorized to act for and
on behalf of the agency, or holding a fiduciary or administrative relation to
that agency and those persons employed by and directly responsible
to elected county officials or a county administrator and holding a
fiduciary or
administrative relationship to such elected county officials or county
administrator, and the employees of such county officials whose fitness
would be
impracticable to determine by competitive examination, provided
that division (A)(9) of this section shall not affect those
persons in county employment in the classified service as of
September 19, 1961. Nothing in division (A)(9) of this section
applies to any position in a county department of human services
created pursuant to Chapter 329. of the Revised
Code.
(10) Bailiffs, constables, official stenographers, and
commissioners of courts of record, deputies of clerks of the
courts of common pleas who supervise, or who handle public moneys
or secured documents, and such officers and employees of courts
of record and such deputies of clerks of the courts of common
pleas as the director of administrative services finds it
impracticable to determine their fitness by competitive
examination;
(11) Assistants to the attorney general, special counsel
appointed or employed by the attorney general, assistants to
county prosecuting attorneys, and assistants to city directors of
law;
(12) Such teachers and employees in the agricultural
experiment stations; such students in normal schools, colleges,
and universities of the state who are employed by the state or a
political subdivision of the state in student or intern
classifications; and such unskilled labor positions as the
director of administrative services or any municipal civil
service commission may find it impracticable to include in the
competitive classified service; provided such exemptions shall be
by order of the commission or the director, duly entered on the
record of the commission or the director with the reasons for
each such exemption;
(13) Any physician or dentist who is a full-time employee
of the department of mental health or the department of mental
retardation and developmental disabilities or of an institution
under the jurisdiction of either department; and physicians who
are in residency programs at the institutions;
(14) Up to twenty positions at each institution under the
jurisdiction of the department of mental health or the department
of mental retardation and developmental disabilities that the
department director determines to be primarily administrative or
managerial; and up to fifteen positions in any division of either
department, excluding administrative assistants to the director
and division chiefs, which are within the immediate staff of a
division chief and which the director determines to be primarily
and distinctively administrative and managerial;
(15) Noncitizens of the United States employed by the
state, or its counties or cities, as physicians or nurses who are
duly licensed to practice their respective professions under the
laws of Ohio, or medical assistants, in mental, tuberculosis, or
chronic disease hospitals, or institutions;
(16) Employees of the governor's office;
(17) Fire chiefs and chiefs of police in civil service
townships appointed by boards of township trustees under section
505.38 or 505.49 of the Revised Code;
(18) Executive directors, deputy directors, and program
directors employed by boards of alcohol, drug addiction, and
mental health services under Chapter 340. of the Revised Code,
and secretaries of the executive directors, deputy directors, and
program directors;
(19) Superintendents, and management employees as defined
in section 5126.20 of the Revised Code, of county boards of
mental retardation and developmental disabilities;
(20) Physicians, nurses, and other employees of a county
hospital who are appointed pursuant to sections 339.03 and 339.06
of the Revised Code;
(21) The executive director of the state medical board,
who is appointed pursuant to division (B) of section 4731.05 of
the Revised Code;
(22) County directors of human services as provided in
section 329.02 of the Revised Code and administrators appointed
under section 329.021 of the Revised Code;
(23) A director of economic development who is hired
pursuant to division (A) of section 307.07 of the Revised Code;
(24) Chiefs of construction and compliance, of operations and maintenance,
and of licensing and certification in the division of industrial compliance in
the department of commerce;
(25) The executive director of a county transit system appointed under
division (A) of section 306.04 of the Revised Code;
(26) Up to five positions at each of the administrative
departments listed in section 121.02 of the Revised Code and at the department
of taxation, department of the adjutant general, department of education,
Ohio board of regents, bureau of employment services, bureau of workers'
compensation, industrial commission, state lottery
commission, and public utilities commission of Ohio that the head of
that administrative department or of that other state agency determines to be
involved in policy development and implementation. The head of the
administrative department or other state agency shall set the compensation for
employees in these positions at a rate that is not less than the minimum
compensation specified in pay range 41 but not more than the maximum
compensation specified in pay range 44 of salary schedule E-2 in
section 124.152 of the Revised Code. The authority to establish positions in
the unclassified service under division (A)(26) of this
section is in addition to and does not limit any other authority that an
administrative department or
state agency has under the Revised Code to establish positions, appoint
employees, or set compensation.
(27) Employees of the department of agriculture employed
under section 901.09 of the Revised Code;
(28) For cities, counties, civil service townships, city health
districts, general
health districts, and city school districts, the deputies and assistants of
elective or principal executive officers authorized to act for and in the
place of their principals or holding a fiduciary relation to their
principals;
(29) EMPLOYEES WHO RECEIVE EXTERNAL INTERIM, INTERMITTENT, OR TEMPORARY
APPOINTMENTS UNDER DIVISION (B) OF SECTION 124.30 of the Revised Code;
(30) EMPLOYEES APPOINTED TO ADMINISTRATIVE STAFF POSITIONS FOR WHICH AN
APPOINTING AUTHORITY IS GIVEN SPECIFIC STATUTORY AUTHORITY TO SET
COMPENSATION;
(31) EMPLOYEES APPOINTED TO HIGHWAY PATROL CADET OR HIGHWAY PATROL CADET
CANDIDATE CLASSIFICATIONS.
(B) The classified service shall comprise all persons in
the employ of the state and the several counties, cities, city
health districts, general health districts, and city school
districts thereof, not specifically included in the unclassified
service. Upon the creation by the board of trustees of a civil
service township civil service commission, the classified service
shall also comprise, except as otherwise provided in division
(A)(17) or (C) of this section, all persons in the employ of
civil service township police or fire departments having ten or
more full-time paid employees. The classified service consists
of two classes, which shall be designated as the competitive
class and the unskilled labor class.
(1) The competitive class shall include all positions and
employments in the state and the counties, cities, city health
districts, general health districts, and city school districts
thereof, and upon the creation by the board of trustees of a
civil service township of a township civil service commission all
positions in civil service township police or fire departments
having ten or more full-time paid employees, for which it is
practicable to determine the merit and fitness of applicants by
competitive examinations. Appointments shall be made to, or
employment shall be given in, all positions in the competitive
class that are not filled by promotion, reinstatement, transfer,
or reduction, as provided in this chapter, and the rules of the
director of administrative services, by appointment from those
certified to the appointing officer in accordance with this
chapter.
(2) The unskilled labor class shall include ordinary
unskilled laborers. Vacancies in the labor class shall be filled
by appointment from lists of applicants registered by the
director. The director of OR the commission, by rule, shall
require
an applicant for registration in the labor class to furnish such
evidence or take such tests as the director considers proper with
respect to age, residence, physical condition, ability to labor,
honesty, sobriety, industry, capacity, and experience in the work
or employment for which application is made. Laborers who
fulfill the requirements shall be placed on the eligible list for the kind of
labor or employment sought, and preference shall be given in
employment in accordance with the rating received from such
evidence or in such tests. Upon the request of an appointing
officer, stating the kind of labor needed, the pay and probable
length of employment, and the number to be employed, the director
shall certify from the highest on the list double the number to
be employed; from this number the appointing officer shall
appoint the number actually needed for the particular work. If
more than one applicant receives the same rating, priority in
time of application shall determine the order in which their
names shall be certified for appointment.
(C) A municipal or civil service township civil service
commission may place volunteer firefighters who
are paid on a
fee-for-service basis in either the classified or the
unclassified civil service.
(D) THIS DIVISION DOES NOT APPLY TO PERSONS IN THE UNCLASSIFIED
SERVICE WHO HAVE THE RIGHT TO RESUME POSITIONS IN THE CLASSIFIED SERVICE UNDER
SECTIONS 4121.121, 5119.071, 5120.07, 5120.38, 5120.381, 5120.382, 5123.08,
5139.02, AND 5501.19
OF THE REVISED CODE.
AN APPOINTING AUTHORITY WHOSE EMPLOYEES
ARE PAID DIRECTLY BY WARRANT OF THE AUDITOR OF STATE
MAY APPOINT A PERSON WHO HOLDS A CERTIFIED POSITION IN THE CLASSIFIED SERVICE
WITHIN THE APPOINTING AUTHORITY'S AGENCY TO A POSITION IN THE UNCLASSIFIED
SERVICE WITHIN THAT AGENCY. A PERSON APPOINTED PURSUANT
TO
THIS DIVISION TO A POSITION IN THE UNCLASSIFIED SERVICE SHALL RETAIN THE RIGHT
TO RESUME THE POSITION AND STATUS HELD BY
THE PERSON IN THE CLASSIFIED SERVICE IMMEDIATELY PRIOR TO THE PERSON'S
APPOINTMENT TO THE POSITION IN THE UNCLASSIFIED SERVICE, REGARDLESS OF THE
NUMBER OF POSITIONS THE PERSON
HELD IN THE UNCLASSIFIED SERVICE. REINSTATEMENT TO A POSITION IN THE
CLASSIFIED SERVICE SHALL BE TO A POSITION SUBSTANTIALLY EQUAL TO THAT POSITION
IN THE CLASSIFIED SERVICE HELD
PREVIOUSLY, AS CERTIFIED BY THE DIRECTOR OF ADMINISTRATIVE SERVICES. IF THE
POSITION THE PERSON PREVIOUSLY HELD IN THE CLASSIFIED SERVICE HAS BEEN PLACED
IN THE UNCLASSIFIED
SERVICE OR IS OTHERWISE UNAVAILABLE, THE PERSON SHALL BE APPOINTED TO A
POSITION IN THE CLASSIFIED SERVICE WITHIN THE APPOINTING AUTHORITY'S AGENCY
THAT THE DIRECTOR OF ADMINISTRATIVE SERVICES CERTIFIES IS COMPARABLE IN
COMPENSATION TO THE POSITION THE PERSON PREVIOUSLY HELD IN THE CLASSIFIED
SERVICE. SERVICE IN THE
POSITION IN THE UNCLASSIFIED SERVICE SHALL BE COUNTED AS SERVICE IN THE
POSITION IN THE CLASSIFIED SERVICE HELD BY THE PERSON IMMEDIATELY PRIOR TO THE
PERSON'S APPOINTMENT TO THE POSITION IN THE UNCLASSIFIED SERVICE. WHEN A
PERSON IS REINSTATED
TO A POSITION IN THE CLASSIFIED SERVICE AS PROVIDED IN THIS DIVISION, THE
PERSON IS ENTITLED TO ALL RIGHTS, STATUS, AND BENEFITS ACCRUING TO THE
POSITION IN THE CLASSIFIED SERVICE DURING THE PERSON'S TIME OF SERVICE IN THE
POSITION IN THE
UNCLASSIFIED SERVICE.
Sec. 124.13. (A) The grant of vacation leave to full-time
employees under this division is subject to division (B) of this
section AS USED IN THIS SECTION, "STATE EMPLOYEE" MEANS A STATE
EMPLOYEE WHO DOES NOT ACCRUE VACATION LEAVE UNDER SECTION 124.134 of the Revised Code.
(B) Each full-time state employee OR COUNTY HUMAN SERVICES
DEPARTMENT EMPLOYEE, including
full-time hourly rate employees, after service of one year with
the state, or any political subdivision of the state, shall have
earned and will be due upon the attainment of the first year of
employment, and annually thereafter, eighty hours of vacation
leave with full pay. One year of service shall be computed on
the basis of twenty-six biweekly pay periods. A full-time state
employee, or county human services DEPARTMENT employee with eight or
more
years of service with the state or any political subdivision of
the state shall have earned and is entitled to one hundred twenty
hours of vacation leave with full pay. A full-time state
employee or county human services DEPARTMENT employee with fifteen or
more
years of service with the state or any political subdivision of
the state shall have earned and is entitled to one hundred sixty
hours of vacation leave with full pay. A full-time state
employee or county human services DEPARTMENT employee with twenty-five
years
of service with the state or any political subdivision of the
state shall have earned and is entitled to two hundred hours of
vacation leave with full pay. Such vacation leave shall accrue
to the employee at the rate of three and one-tenth hours each
biweekly period for those entitled to eighty hours per year; four
and six-tenths hours each biweekly period for those entitled to
one hundred twenty hours per year; six and two-tenths hours each
biweekly period for those entitled to one hundred sixty hours per
year; and seven and seven-tenths hours each biweekly period for
those entitled to two hundred hours per year.
(B)(C) Full-time STATE AND COUNTY HUMAN SERVICES
DEPARTMENT employees who are in active pay status for less
than eighty hours in a pay period, and part-time STATE employees, shall
earn
vacation leave on a prorated basis. The ratio between the hours worked and
the vacation hours earned by these classes of employees shall be the same as
the ratio between the hours worked and the vacation hours earned by a
full-time STATE OR COUNTY HUMAN SERVICES DEPARTMENT employee who works
forty hours in a pay period and who has the same
amount of service as provided for in this section.
(C)(D) AN EMPLOYEE SHALL TAKE VACATION LEAVE DURING THE
YEAR
IN WHICH IT ACCRUES AND IS AVAILABLE FOR USE THAT EQUALS NOT LESS THAN THE
AMOUNT OF VACATION LEAVE THAT THE EMPLOYEE ACCRUES AND HAS AVAILABLE TO USE
DURING THAT YEAR,
EXCEPT THAT AN APPOINTING AUTHORITY MAY PERMIT AN EMPLOYEE TO CARRY OVER
VACATION LEAVE TO THE FOLLOWING YEAR. AS USED IN THIS DIVISION, "YEAR" MEANS
THE TWELVE-MONTH PERIOD THAT COMMENCES ON AN EMPLOYEE'S ANNIVERSARY DATE OF
EMPLOYMENT. Employees shall forfeit
their right to take or to be paid
for any vacation leave to their credit which is in excess of the
accrual for three years. Such excess leave shall be eliminated
from the employees' leave balance.
(D)(E) Upon separation from state service an employee shall
be
entitled to compensation at the employee's current rate of
pay for all lawfully accrued and unused vacation leave to the employee's
credit at the time of separation up to three years. In case of transfer of an
employee from one state agency to another, or between a county
and the state, the employee may elect to be compensated at the
employee's current rate of pay for accrued and unused vacation leave at
the time of transfer by the releasing agency or to retain the accrued
and unused vacation leave. In case of death of an employee such
unused vacation leave shall be paid in accordance with section
2113.04 of the Revised Code, or to the employee's estate. Notwithstanding
section 325.19 of the Revised Code, county human services
employees shall receive vacation benefits as provided in this
section.
(E) This section does not apply to employees who accrue
vacation leave under section 124.134 of the Revised Code.
Sec. 124.134. (A) Each full-time permanent state employee paid
in accordance with section 124.152 of the Revised Code and those
employees listed in divisions (B)(2) and (4) of section 124.14 of
the Revised Code, after service of one year, shall have earned
and will be due upon the attainment of the first year of
employment, and annually thereafter, eighty hours of vacation
leave with full pay. One year of service shall be computed on
the basis of twenty-six biweekly pay periods. A full-time
permanent state employee with five or more years of service shall
have earned and is entitled to one hundred twenty hours of
vacation leave with full pay. A full-time permanent state
employee with ten or more years of service shall have earned and
is entitled to one hundred sixty hours of vacation leave with
full pay. A full-time permanent state employee with fifteen or
more years of service shall have earned and is entitled to one
hundred eighty hours of vacation leave with full pay. A
full-time permanent state employee with twenty or more years of
service shall have earned and is entitled to two hundred hours of
vacation leave with full pay. A full-time permanent state
employee with twenty-five or more years of service shall have
earned and is entitled to two hundred forty hours of vacation
leave with full pay. Such vacation leave shall accrue to the
employee at the rate of three and one-tenth hours each biweekly
period for those entitled to eighty hours per year; four and
six-tenths hours each biweekly period for those entitled to one
hundred twenty hours per year; six and two-tenths hours each
biweekly period for those entitled to one hundred sixty hours per
year; six and nine-tenths HOURS each biweekly period for those entitled
to one hundred eighty hours per year; seven and seven-tenths
hours each biweekly period for those entitled to two hundred
hours per year; and nine and two-tenths HOURS each biweekly period for
those entitled to two hundred forty hours per year.
The amount of an employee's service shall be determined in
accordance with the standard specified in section 9.44 of the
Revised Code. Credit for prior service, including an
increased vacation accrual rate and longevity supplement, shall take effect
during the first pay period that begins immediately following the date the
director of administrative services approves granting credit for that prior
service. No employee, OTHER THAN AN EMPLOYEE WHO SUBMITS PROOF OF
PRIOR SERVICE WITHIN NINETY DAYS AFTER THE DATE OF THE EMPLOYEE'S
HIRING, shall receive any amount of vacation leave for the
period prior to the date of the director's approval of the grant of credit for
prior service.
Part-time permanent employees who are paid in
accordance with section 124.152 of the Revised Code and full-time
permanent employees subject to this section who are in active pay
status for less than eighty hours in a pay period shall earn
vacation leave on a prorated basis. The ratio between the hours
worked and the vacation hours earned by these classes of
employees shall be the same as the ratio between the hours worked
and the vacation hours earned by a full-time permanent employee
with the same amount of service as provided for in this section.
(B) Except as otherwise provided in this section, employees
EMPLOYEES granted leave
under this section shall forfeit their right to take or to be paid for any
vacation leave to their credit which is in excess of the accrual for three
years. Such excess leave shall be eliminated from the employees'
leave balance. If an employee's vacation leave credit is in
excess AT, OR WILL REACH IN THE IMMEDIATELY FOLLOWING PAY PERIOD, THE
MAXIMUM of the accrual for three years and the
employee has been
denied the use of vacation leave during the immediately preceding
twelve months, the employee, at the employee's request,
shall be paid IN A PAY PERIOD for all or a portion of the
vacation leave the
employee was denied, in the
amount designated by the employee UP TO THE MAXIMUM AMOUNT THE
EMPLOYEE WOULD
BE ENTITLED TO BE PAID FOR IN ANY PAY PERIOD. AN EMPLOYEE
IS NOT ENTITLED TO RECEIVE PAYMENT FOR VACATION LEAVE DENIED IN ANY PAY PERIOD
IN WHICH
THE EMPLOYEE'S VACATION LEAVE CREDIT IS NOT AT, OR WILL NOT REACH IN THE
IMMEDIATELY FOLLOWING PAY PERIOD, THE MAXIMUM OF ACCRUAL FOR
THREE YEARS. Any vacation leave for which an
employee receives payment shall be deducted from the
employee's vacation leave balance. Such payment shall not be made for
any leave
accrued in the same calendar year in which the payment is made.
(C) Upon separation from state service an employee
granted leave under this section is entitled
to compensation at the employee's current rate of pay for
all unused
vacation leave accrued under this section or section 124.13 of
the Revised Code to the employee's credit. In case of
transfer of an
employee from one state agency to another, the employee may elect
to be compensated at the employee's current rate of pay for
accrued and
unused vacation leave at the time of transfer by the releasing
agency or to SHALL retain the accrued and unused vacation leave.
In
case of death of an employee such unused vacation leave shall be
paid in accordance with section 2113.04 of the Revised Code, or
to the employee's estate. AN EMPLOYEE SERVING IN A TEMPORARY WORK LEVEL OR
AN INTERIM APPOINTMENT WHO IS ELIGIBLE TO RECEIVE COMPENSATION UNDER THIS
DIVISION SHALL BE COMPENSATED AT THE BASE RATE OF PAY OF THE EMPLOYEE'S NORMAL
CLASSIFICATION.
Sec. 124.14. (A) The director of administrative services
shall establish, and may modify or repeal, by rule, a job
classification plan for all positions, offices, and employments
the salaries of which are paid in whole or in part by the state.
The director shall group jobs within a classification so that the
positions are similar enough in duties and responsibilities to be
described by the same title, to have the same pay assigned with
equity, and to have the same qualifications for selection
applied. The director shall, by rule, assign a classification
title to each classification within the classification plan.
However, the director shall consider in establishing
classifications, including classifications with parenthetical
titles, and assigning pay ranges such factors as duties performed
only on one shift, special skills in short supply in the labor
market, recruitment problems, separation rates, comparative
salary rates, the amount of training required, and other
conditions affecting employment. The director shall describe the
duties and responsibilities of the class and establish the
qualifications for being employed in that position, and shall
file with the secretary of state a copy of specifications for all
of the classifications. The director shall file new, additional,
or revised specifications with the secretary of state before
being used. The director shall, by rule, assign each
classification, either on a statewide basis or in particular
counties or state institutions, to a pay range established under
section 124.15 or section 124.152 of the Revised Code. The
director may assign a classification to a pay range on a
temporary basis for a period of time designated in the rule. THE DIRECTOR
MAY ESTABLISH, BY RULE ADOPTED UNDER CHAPTER 119. of the Revised Code,
EXPERIMENTAL CLASSIFICATION PLANS FOR SOME OR ALL EMPLOYEES PAID DIRECTLY BY
WARRANT OF THE AUDITOR OF STATE. THE ADMINISTRATIVE RULE SHALL INCLUDE
SPECIFICATIONS FOR EACH CLASSIFICATION WITHIN THE PLAN AND SHALL SPECIFICALLY
ADDRESS COMPENSATION RANGES, AND METHODS FOR ADVANCING WITHIN THE RANGES, FOR
THE CLASSIFICATIONS, WHICH MAY BE ASSIGNED TO PAY RANGES OTHER THAN THE PAY
RANGES ESTABLISHED UNDER SECTION 124.15 OR 124.152 of the Revised Code.
The director may reassign to a proper classification those positions that
have been assigned to an improper classification. If the compensation of an
employee in such a reassigned position exceeds the maximum rate
of pay for the employee's new classification, the employee shall be placed in
pay step X and shall not receive an increase in compensation until
the maximum rate of pay for that
classification exceeds the employee's compensation.
The director may reassign an exempt employee, as defined in
section 124.152 of the Revised Code, to a bargaining unit classification if
the director determines
that the bargaining unit classification is the proper classification for that
employee. Notwithstanding Chapter 4117. of the Revised Code or instruments
and contracts negotiated under it, such placements are at the director's
discretion.
The director shall, by rule, assign related
classifications, which form a career progression, to a
classification series. The director shall, by rule, assign each
classification in the classification plan a five-digit number,
the first four digits of which shall denote the classification
series to which the classification is assigned. When a career
progression encompasses more than ten classifications, the
director shall, by rule, identify the additional classifications
belonging to a classification series. Such additional
classifications shall be part of the classification series,
notwithstanding the fact that the first four digits of the number
assigned to the additional classifications do not correspond to
the first four digits of the numbers assigned to other
classifications in the classification series.
The director shall adopt rules in accordance with Chapter
119. of the Revised Code for the establishment of a
classification plan for county agencies that elect not to use the
services and facilities of a county personnel department. The
rules shall include a methodology for the establishment of titles
unique to county agencies, the use of state classification titles
and classification specifications for common positions, the
criteria for a county to meet in establishing its own
classification plan, and the establishment of what constitutes a
classification series for county agencies.
(B) Division (A) of this section and sections 124.15 and
124.152 of the Revised Code do not apply to the following
persons, positions, offices, and employments:
(1) Elected officials;
(2) Legislative employees, employees of the legislative
service commission, employees in the office of the governor, employees who are
in the unclassified civil service and exempt from collective bargaining
coverage in the office of the secretary of state, auditor of state, treasurer
of state, and attorney general, and employees of the supreme court;
(3) Employees of a county children services board that
establishes compensation rates under section 5153.12 of the
Revised Code;
(4) Any position for which the authority to determine
compensation is given by law to another individual or entity;
(5) Employees of the bureau of workers' compensation
whose compensation the administrator of workers' compensation
establishes under division (B) of section 4121.121 of the Revised
Code.
(C) The director may employ a consulting agency to aid and
assist the director in carrying out this section.
(D) When the director proposes to modify a classification
or the assignment of classes to appropriate pay ranges, the
director shall send written notice of the proposed rule to the
appointing authorities of the affected employees thirty days
before the hearing on the proposed rule. The appointing authorities shall
notify the affected employees regarding the proposed rule. The
director shall also
send such appointing authorities notice of any final rule which
is adopted within ten days after adoption.
When the director proposes to reclassify any employee so that the employee
is adversely affected, the director shall give to the employee affected and to
the employee's
appointing
authority a written notice setting forth the proposed new
classification, pay range, and salary. Upon the request of any
classified employee who is not serving in a probationary period,
the director shall perform a job audit to review the
classification of the employee's position to determine whether
the position is properly classified. The director shall give to
the employee affected and to the employee's appointing
authority a written
notice of the director's determination whether or not to
reclassify the position or to reassign the employee to another
classification. An employee or appointing authority desiring a
hearing shall file a written request therefor with the state
personnel board of review within thirty days after receiving the
notice. The board shall set the matter for a hearing and notify
the employee and appointing authority of the time and place of
the hearing. The employee, appointing authority, or any
authorized representative of the employee who wishes to submit
facts for the consideration of the board shall be afforded
reasonable opportunity to do so. After the hearing, the board
shall consider anew the reclassification and may order the
reclassification of the employee and require the director to
assign the employee to such appropriate classification as
the facts and
evidence warrant. As provided in division (A) of section 124.03
of the Revised Code, the board may determine the most appropriate
classification for the position of any employee coming before the board, with
or without a job
audit. The board shall disallow any reclassification
or reassignment classification of any employee when it finds that
changes have been made in the duties and responsibilities of any
particular employee for political, religious, or other unjust
reasons.
(E)(1) Employees of each county department of human
services shall be paid a salary or wage
established by the board of county commissioners. The
provisions of section 124.18 of the Revised Code concerning
the standard work week apply to employees of county
departments of human services. A board of county commissioners
may do either of the following:
(a) Notwithstanding any other section of the Revised Code,
supplement the sick leave, vacation leave, personal leave, and
other benefits of any employee of the county department of human
services of that county, if the employee is eligible for the
supplement under a written policy providing for the supplement;
(b) Notwithstanding any other section of the Revised Code,
establish alternative schedules of sick leave, vacation leave,
personal leave, or other benefits for employees not inconsistent
with the provisions of a collective bargaining agreement covering
the affected employees.
(2) The provisions of division (E)(1) of this section do
not apply to employees for whom the state employment relations
board establishes appropriate bargaining units pursuant to
section 4117.06 of the Revised Code, except in either of the
following situations:
(a) The employees for whom the state employment relations
board establishes appropriate bargaining units elect no
representative in a board-conducted representation election.
(b) After the state employment relations board establishes
appropriate bargaining units for such employees, all employee
organizations withdraw from a representation election.
(3) Division (E)(1) of this section does not apply to
employees of a county department of human services subject to the
rules of a county personnel department.
(F) With respect to officers and employees of
state-supported colleges and universities except for the powers
and duties of the state personnel board of review, the powers,
duties, and functions of the department of administrative
services and the director of administrative services specified in
this chapter are hereby vested in and assigned to the personnel
departments of such colleges and universities subject to a
periodic audit and review by the director to guarantee the
uniform application of this granting of the director's
powers, duties, and
functions. Upon the determination or finding of the misuse or
nonuniform application of this authority granted to the personnel
department of such state-supported colleges and universities, the
director shall order and direct the personnel functions of such
institution until sections 124.01 to 124.64 of the Revised Code
have been fully complied with.
(G)(1) Each board of county commissioners may, by a
resolution adopted by a majority of its members, establish a
county personnel department to exercise the powers, duties, and
functions specified in division (G) of this section. As used in
division (G) of this section, "county personnel department" means
a county personnel department established by a board of county
commissioners under division (G)(1) of this section.
(2) Each board of county commissioners may, by a
resolution adopted by a majority of its members, designate the
county personnel department of the county to exercise the powers,
duties, and functions of the department of administrative
services and the director of administrative services specified in
sections 124.01 to 124.64 and Chapter 325. of the Revised Code,
except for the powers and duties of the state personnel board of
review, which powers and duties shall not be construed as having
been modified or diminished in any manner by division (G)(2) of
this section, with respect to the employees for whom the board of
county commissioners is the appointing authority or co-appointing
authority. Upon certification of a copy of the resolution by the
board to the director, these powers, duties, and functions are
vested in and assigned to the county personnel department with
respect to the employees for whom the board of county
commissioners is the appointing authority or co-appointing
authority. The certification to the director shall be provided
not later than one hundred twenty days before the first day of
July of an odd-numbered year, and, following the certification,
the powers, duties, and functions specified in sections 124.01 to
124.64 and Chapter 325. of the Revised Code shall be vested in
and assigned to the county personnel department on that first day
of July. Nothing in division (G)(2) of this section shall be
construed to limit the right of any employee who possesses the
right of appeal to the state personnel board of review to
continue to possess that right of appeal.
Any board of county commissioners that has established a
county personnel department may contract with the department of
administrative services, another political subdivision, or an
appropriate public or private entity to provide competitive
testing services or other appropriate services.
(3) After the county personnel department of a county has
assumed the powers, duties, and functions of the department of
administrative services and the director as described in division
(G)(2) of this section, any elected official, board, agency, or
other appointing authority of that county may, upon notification
to the director, elect to use the services and facilities of the
county personnel department. Upon the acceptance by the director
of such notification, the county personnel department shall
exercise the powers, duties, and functions of the department of
administrative services and the director as described in division
(G)(2) of this section with respect to the employees of that
elected official, board, agency, or other appointing authority.
The notification to the director shall be provided not later than
one hundred twenty days before the first day of July of an
odd-numbered year, and, following the notification, the powers,
duties, and functions specified in sections 124.01 to 124.64 and
Chapter 325. of the Revised Code with respect to the employees of
that elected official, board, agency, or other appointing
authority shall be vested in and assigned to the county personnel
department on that first day of July. Except for those employees
under the jurisdiction of the county personnel department, the
director shall continue to exercise these powers, duties, and
functions with respect to employees of the county.
(4) Each board of county commissioners that has
established a county personnel department may, by a resolution
adopted by a majority of its members, disband the county
personnel department and return to the department of
administrative services for the administration of sections 124.01
to 124.64 and Chapter 325. of the Revised Code. The board shall,
not later than one hundred twenty days before the first day of
July of an odd-numbered year, send the director a certified copy
of the resolution disbanding the county personnel department. All powers,
duties, and functions previously vested in and
assigned to the county personnel department shall return to the
director on that first day of July.
(5) Any elected official, board, agency, or appointing
authority of a county may return to the department of
administrative services for the administration of sections 124.01
to 124.64 and Chapter 325. of the Revised Code. The elected
official, board, agency, or appointing authority shall, not later
than one hundred twenty days before the first day of July of an
odd-numbered year, send the director a certified copy of the
resolution that states its decision. All powers, duties, and
functions previously vested in and assigned to the county
personnel department with respect to the employees of that
elected official, board, agency, or appointing authority shall
return to the director on that first day of July.
(6) The director, by rule adopted in accordance with
Chapter 119. of the Revised Code, shall prescribe criteria and
procedures for granting to each county personnel department the
powers, duties, and functions of the department of administrative
services and the director as described in division (G)(2) of this
section with respect to the employees of an elected official,
board, agency, or other appointing authority or co-appointing
authority. The rules shall cover the following criteria and
procedures:
(a) The notification to the department of administrative
services that an elected official, board, agency, or other
appointing authority of a county has elected to use the services
and facilities of the county personnel department;
(b) A requirement that each county personnel department,
in carrying out its duties, adhere to merit system principles
with regard to employees of county departments of human services,
child support enforcement agencies, and public child welfare
agencies so that there is no threatened loss of federal funding
for these agencies, and a requirement that the county be
financially liable to the state for any loss of federal funds due
to the action or inaction of the county personnel department. The costs
associated with audits conducted to monitor compliance
with division (G)(6)(b) of this section shall be borne equally by
the department of administrative services and the county.
(c) The termination of services and facilities rendered by
the department of administrative services, to include rate
adjustments, time periods for termination, and other related
matters;
(d) Authorization for the director of administrative
services to conduct periodic audits and reviews of county
personnel departments to guarantee the uniform application of
this granting of his THE DIRECTOR'S powers, duties, and
functions. The costs of
the audits and reviews shall be borne equally by the department
of administrative services and the county for which the services
were performed.
(e) The dissemination of audit findings under division
(G)(5)(d) of this section, any appeals process relating to
adverse findings by the department, and the methods whereby the
county personnel program will revert to the authority of the
director of administrative services due to misuse or nonuniform
application of the authority granted to the county under division
(G)(2) or (3) of this section.
(H) The director shall establish the rate and method of
compensation for all employees who are paid directly by warrant
of the auditor of state and who are serving in positions which
the director has determined impracticable to include in the state
job classification plan. This division does not apply to elected
officials, legislative employees, employees of the legislative
service commission, employees who are in the unclassified civil service and
exempt from collective bargaining coverage in the office of the secretary of
state, auditor of state, treasurer of state, and attorney general, employees
of the courts, employees of the
bureau of workers' compensation whose compensation the
administrator of workers' compensation establishes under division
(B) of section 4121.121 of the Revised Code, or employees of an
appointing authority authorized by law to fix the compensation of
those employees.
(I) The director shall set the rate of compensation and
employee benefits for all intermittent, interim, seasonal,
temporary, emergency, and casual employees who are not considered
public employees for the purposes of Chapter 4117. UNDER SECTION
4117.01 of the Revised
Code. SUCH EMPLOYEES ARE NOT ENTITLED TO RECEIVE EMPLOYEE
BENEFITS. This rate of compensation and employee benefits
shall be
equitable in terms of the rate of employees serving in the same
or similar classifications. This division does not apply to
elected officials, legislative employees, employees of the
legislative service commission, employees who are in the unclassified civil
service and exempt from collective bargaining coverage in the office of the
secretary of state, auditor of state, treasurer of state, and attorney
general, employees of the courts, employees of the bureau of workers'
compensation whose compensation the administrator establishes under division
(B) of section 4121.121 of the Revised Code, or employees of an appointing
authority authorized by law to fix the compensation of those employees.
Sec. 124.15. (A) Board and commission members appointed prior to July 1,
1991, shall be paid a salary or wage in accordance with the following
schedules of rates:
Schedule B
Pay Ranges and Step Values
Range | Step 1 | Step 2 | Step 3 | Step 4 |
23 Hourly | 5.72 | 5.91 | 6.10 | 6.31 |
Annually | 11897.60 | 12292.80 | 12688.00 | 13124.80 |
| Step 5 | Step 6 | | |
Hourly | 6.52 | 6.75 | | |
Annually | 13561.60 | 14040.00 | | |
| Step 1 | Step 2 | Step 3 | Step 4 |
24 Hourly | 6.00 | 6.20 | 6.41 | 6.63 |
Annually | 12480.00 | 12896.00 | 13332.80 | 13790.40 |
| Step 5 | Step 6 | | |
Hourly | 6.87 | 7.10 | | |
Annually | 14289.60 | 14768.00 | | |
| Step 1 | Step 2 | Step 3 | Step 4 |
25 Hourly | 6.31 | 6.52 | 6.75 | 6.99 |
Annually | 13124.80 | 13561.60 | 14040.00 | 14539.20 |
| Step 5 | Step 6 | | |
Hourly | 7.23 | 7.41 | | |
Annually | 15038.40 | 15412.80 | | |
| Step 1 | Step 2 | Step 3 | Step 4 |
26 Hourly | 6.63 | 6.87 | 7.10 | 7.32 |
Annually | 13790.40 | 14289.60 | 14768.00 | 15225.60 |
| Step 5 | Step 6 | | |
Hourly | 7.53 | 7.77 | | |
Annually | 15662.40 | 16161.60 | | |
| Step 1 | Step 2 | Step 3 | Step 4 |
27 Hourly | 6.99 | 7.23 | 7.41 | 7.64 |
Annually | 14534.20 | 15038.40 | 15412.80 | 15891.20 |
| Step 5 | Step 6 | Step 7 | |
Hourly | 7.88 | 8.15 | 8.46 | |
Annually | 16390.40 | 16952.00 | 17596.80 | |
| Step 1 | Step 2 | Step 3 | Step 4 |
28 Hourly | 7.41 | 7.64 | 7.88 | 8.15 |
Annually | 15412.80 | 15891.20 | 16390.40 | 16952.00 |
| Step 5 | Step 6 | Step 7 | |
Hourly | 8.46 | 8.79 | 9.15 | |
Annually | 17596.80 | 18283.20 | 19032.00 | |
| Step 1 | Step 2 | Step 3 | Step 4 |
29 Hourly | 7.88 | 8.15 | 8.46 | 8.79 |
Annually | 16390.40 | 16952.00 | 17596.80 | 18283.20 |
| Step 5 | Step 6 | Step 7 | |
Hourly | 9.15 | 9.58 | 10.01 | |
Annually | 19032.00 | 19926.40 | 20820.80 | |
| Step 1 | Step 2 | Step 3 | Step 4 |
30 Hourly | 8.46 | 8.79 | 9.15 | 9.58 |
Annually | 17596.80 | 18283.20 | 19032.00 | 19926.40 |
| Step 5 | Step 6 | Step 7 | |
Hourly | 10.01 | 10.46 | 10.99 | |
Annually | 20820.80 | 21756.80 | 22859.20 | |
| Step 1 | Step 2 | Step 3 | Step 4 |
31 Hourly | 9.15 | 9.58 | 10.01 | 10.46 |
Annually | 19032.00 | 19962.40 | 20820.80 | 21756.80 |
| Step 5 | Step 6 | Step 7 | |
Hourly | 10.99 | 11.52 | 12.09 | |
Annually | 22859.20 | 23961.60 | 25147.20 | |
| Step 1 | Step 2 | Step 3 | Step 4 |
32 Hourly | 10.01 | 10.46 | 10.99 | 11.52 |
Annually | 20820.80 | 21756.80 | 22859.20 | 23961.60 |
| Step 5 | Step 6 | Step 7 | Step 8 |
Hourly | 12.09 | 12.68 | 13.29 | 13.94 |
Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 |
| Step 1 | Step 2 | Step 3 | Step 4 |
33 Hourly | 10.99 | 11.52 | 12.09 | 12.68 |
Annually | 22859.20 | 23961.60 | 25147.20 | 26374.40 |
| Step 5 | Step 6 | Step 7 | Step 8 |
Hourly | 13.29 | 13.94 | 14.63 | 15.35 |
Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 |
| Step 1 | Step 2 | Step 3 | Step 4 |
34 Hourly | 12.09 | 12.68 | 13.29 | 13.94 |
Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 |
| Step 5 | Step 6 | Step 7 | Step 8 |
Hourly | 14.63 | 15.35 | 16.11 | 16.91 |
Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 |
| Step 1 | Step 2 | Step 3 | Step 4 |
35 Hourly | 13.29 | 13.94 | 14.63 | 15.35 |
Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 |
| Step 5 | Step 6 | Step 7 | Step 8 |
Hourly | 16.11 | 16.91 | 17.73 | 18.62 |
Annually | 33508.80 | 35172.80 | 36878.40 | 38729.60 |
| Step 1 | Step 2 | Step 3 | Step 4 |
36 Hourly | 14.63 | 15.35 | 16.11 | 16.91 |
Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 |
| Step 5 | Step 6 | Step 7 | Step 8 |
Hourly | 17.73 | 18.62 | 19.54 | 20.51 |
Annually | 36878.40 | 38729.60 | 40643.20 | 42660.80 |
Schedule C
Pay Range and Values
Range | Minimum | Maximum |
41 Hourly | 10.44 | 15.72 |
Annually | 21715.20 | 32697.60 |
42 Hourly | 11.51 | 17.35 |
Annually | 23940.80 | 36088.00 |
43 Hourly | 12.68 | 19.12 |
Annually | 26374.40 | 39769.60 |
44 Hourly | 13.99 | 20.87 |
Annually | 29099.20 | 43409.60 |
45 Hourly | 15.44 | 22.80 |
Annually | 32115.20 | 47424.00 |
46 Hourly | 17.01 | 24.90 |
Annually | 35380.80 | 51792.00 |
47 Hourly | 18.75 | 27.18 |
Annually | 39000.00 | 56534.40 |
48 Hourly | 20.67 | 29.69 |
Annually | 42993.60 | 61755.20 |
49 Hourly | 22.80 | 32.06 |
Annually | 47424.00 | 66684.80 |
(B) The pay schedule of all employees shall be on a
biweekly basis, with amounts computed on an hourly basis.
(C) Part-time employees shall be compensated on an hourly
basis for time worked, at the rates shown in division (A) of this
section or in section 124.152 of the Revised Code.
(D) The salary and wage rates in division (A) of this
section or in section 124.152 of the Revised Code represent base
rates of compensation and may be augmented by the provisions of
section 124.181 of the Revised Code. In those cases where
lodging, meals, laundry, or other personal services are furnished
an employee, the actual costs or fair market value thereof shall
be paid by the employee in such amounts and manner as determined
by the director of administrative services and approved by the
director of budget and management, and such services shall not be
considered as a part of the employee's compensation. An
appointing authority, with the approval of the director of
administrative services and the director of budget and
management, may establish payments to employees for uniforms,
tools, equipment, and other requirements of the department and
payments for the maintenance thereof.
The director of administrative services may review
collective bargaining agreements entered into under Chapter 4117.
of the Revised Code that cover state employees and determine
whether certain benefits or payments provided to state employees
covered by those agreements should also be provided to "exempt
employees" as defined in EMPLOYEES WHO ARE EXEMPT FROM COLLECTIVE
BARGAINING COVERAGE AND ARE PAID IN ACCORDANCE WITH section 124.152 of the
Revised Code OR ARE LISTED IN DIVISION (B)(2) OR (4) OF SECTION
124.14 OF THE REVISED CODE. On
completing the review, the director of administrative services,
with the approval of the director of budget and management, may
provide to some or all exempt OF THESE employees any payment or
benefit, except for
salary, contained in such a collective bargaining agreement even if a
IT IS similar TO A
payment or benefit is already provided by law to some or all of these
exempt
employees. Any payment or benefit so provided shall not exceed
the highest level for that payment or benefit specified in such a
collective bargaining agreement. The director of administrative
services shall not provide, and the director of budget and
management shall not approve, any payment or benefit to SUCH an
exempt
employee under this division unless the payment or benefit is
provided pursuant to a collective bargaining agreement to a state
employee who is in a position with similar duties as, IS supervised
by, or IS employed by the same appointing authority as, the
exempt
employee to whom the benefit or payment is to be provided.
As used in this division, a "payment or benefit ALREADY
provided by
law means" INCLUDES, BUT IS NOT LIMITED TO,
bereavement,
personal, vacation, administrative, and
sick leave, disability benefits, wages, holiday pay, and pay
supplements provided to exempt employees under the Revised Code,
BUT DOES NOT INCLUDE WAGES OR SALARY.
(E) New employees paid under schedule B of division
(A) of this section or under schedule E-1 of section 124.152 of
the Revised Code shall be employed at the minimum rate
established for the range unless otherwise provided. Employees
with qualifications that are beyond the minimum normally required
for the position and that are determined by the director to be
exceptional may be employed in, or may be transferred or promoted
to, a position at an advanced step of the range. Further, in
time of a serious labor market condition when it is relatively
impossible to recruit employees at the minimum rate for a
particular classification the entrance rate may be set at an
advanced step in the range by the director of administrative
services. This rate may be limited to geographical regions of
the state. Appointments made to an advanced step under the
provision regarding exceptional qualifications shall not affect
the step assignment of employees already serving. However,
anytime the hiring rate of an entire classification is advanced
to a higher step all incumbents of that classification being paid
at a step lower than that being used for hiring, shall be
advanced beginning at the start of the first pay period
thereafter to the new hiring rate and any time accrued at the
lower step will be used to calculate advancement to a succeeding
step. If the hiring rate of a classification is increased for
only a geographical region of the state, then only incumbents who
work in that geographical region shall be advanced to a higher
step. When an employee in the unclassified service changes from
one state position to another, or is appointed to a position in
the classified service, or if an employee in the classified
service is appointed to a position in the unclassified service,
the employee's salary or wage in the new position shall be determined in the
same manner as if the employee were an employee in the classified service.
When an employee in the unclassified service who is not eligible for step
increases is appointed to a classification in the classified service under
which step increases are provided, future step increases shall be based on the
date on which the employee last received a pay increase. Future step
increases shall be effective on the pay period that is twenty-six pay periods
following the employee's last increase. If the employee has not received an
increase during the previous year, the date of the appointment to the
classified service shall be used to determine the employee's annual step
advancement date. In reassigning any employee to a
classification resulting in a pay range increase or
to a new pay range as a result of a promotion, an increase pay range
adjustment, or other classification change resulting in a pay range increase,
the director shall assign such employee to the step in the new pay
range that will provide an increase of approximately four per cent if the new
pay range can accommodate the increase. When an employee
is being assigned to a classification or new pay range as the result of
a class
plan change, if the employee has completed a probationary period,
the employee
shall be placed in a step no lower than step two of the new pay range. If the
employee has not completed a probationary period, the employee may be placed
in step one of the new pay range. Such new salary or wage shall become
effective on such date as the director determines.
(F) If employment conditions and the urgency of the work
require such action, the director of administrative services may,
upon the application of a department head, authorize payment at
any rate established within the range for the class of work, for
work of a casual or intermittent nature or on a project basis.
Payment at such rates shall not be made to the same individual
for more than three calendar months in any one calendar year. Any such action
shall be subject to the approval of the director
of budget and management as to the availability of funds. This
section and sections 124.14 and 124.152 of the Revised Code do
not repeal any authority of any department or public official to
contract with or fix the compensation of professional persons who
may be employed temporarily for work of a casual nature or for
work on a project basis.
(G) Each state employee paid under schedule B of
this section or under schedule E-1 of section 124.152 of the
Revised Code shall be advanced to succeeding steps in the range
for the employee's class according to the schedule established in this
division. Beginning on the first day of the pay period within
which the employee completes the prescribed probationary period
in the employee's classification with the state, each employee shall receive
an automatic salary adjustment equivalent to the next higher step
within the pay range for the employee's class or grade. The base rate of
each employee paid under schedule B of this section or
under schedule E-1 of section 124.152 of the Revised Code shall
advance at annual intervals thereafter, if the employee has
maintained satisfactory performance, to the next higher step
until the maximum step is reached. When an employee is promoted or
reassigned to a higher pay
range, the employee's
step indicator shall return to "0" or be adjusted to account for a
probationary period, as appropriate. Step advancement
shall not be affected by demotion. A promoted employee shall advance to the
next higher step of the pay range on the first day of the pay
period in which the required probationary period is completed.
Step advancement shall become effective at the beginning of the
pay period within which the employee attains the necessary length
of service. Time spent on authorized leave of absence shall be
counted for this purpose.
If determined to be in the best interest of the state service, the director of
administrative services may, either statewide or in selected agencies, adjust
the dates on which annual step increases are received by employees paid under
schedule E-1 of section 124.152 of the Revised Code.
(H) Employees in appointive managerial or professional
positions paid under salary schedule C of this section or under
salary schedule E-2 of section 124.152 of the Revised Code may be
appointed at any rate within the appropriate pay range. This
rate of pay may be adjusted higher or lower within the respective
pay range at any time the appointing authority so desires as long
as the adjustment is based on the employee's ability to
successfully administer those duties assigned to the employee. Salary
adjustments shall not be made more frequently than once in any
six-month period under this provision to incumbents holding the
same position and classification.
(I) When an employee is assigned to duty outside this
state, the employee may be compensated, upon request of the department head
and with the approval of the director of administrative services
at a rate not to exceed fifty per cent in excess of the employee's current
base rate for the period of time spent on such duty.
(J) Unless compensation for members of a board or
commission is otherwise specifically provided by law, the
director of administrative services shall establish the rate and
method of payment for members of boards and commissions pursuant
to the pay schedules listed in section 124.152 of the Revised
Code.
(K) Regular full-time employees in positions assigned to
classes within the instruction and education administration
series under the rules of the director of administrative
services, except certificated employees on the instructional
staff of the state school for the blind or the state school for
the deaf, whose positions are scheduled to work on the basis of
an academic year rather than a full calendar year, shall be paid
according to the pay range assigned by such rules but only during
those pay periods included in the academic year of the school
where the employee is located.
(1) Part-time or substitute teachers or those whose period
of employment is other than the full academic year shall be
compensated for the actual time worked at the rate established by
this section.
(2) Employees governed by this division are exempt from
sections 124.13 and 124.19 of the Revised Code.
(3) Length of service for the purpose of determining
eligibility for step increases as provided by division (G) of
this section and for the purpose of determining eligibility for
longevity pay supplements as provided by division (F) of section
124.181 of the Revised Code shall be computed on the basis of one
full year of service for the completion of each academic year.
(L) The superintendent of the state school for the deaf
and the superintendent of the state school for the blind shall,
subject to the approval of the superintendent of public
instruction, carry out both of the following:
(1) Annually, between the first day of April and the last
day of June, establish for the ensuing fiscal year a schedule of
hourly rates for the compensation of each certificated employee
on the instructional staff of that superintendent's respective school
constructed as follows:
(a) Determine for each level of training, experience, and
other professional qualification for which an hourly rate is set
forth in the current schedule, the per cent that rate is of the
rate set forth in such schedule for a teacher with a bachelor's
degree and no experience. If there is more than one such rate
for such a teacher, the lowest rate shall be used to make the
computation.
(b) Determine which six city, local, and exempted village
school districts with territory in Franklin county have in effect
on, or have adopted by, the first day of April for the school
year that begins on the ensuing first day of July, teacher salary
schedules with the highest minimum salaries for a teacher with a
bachelor's degree and no experience;
(c) Divide the sum of such six highest minimum salaries by
ten thousand five hundred sixty;
(d) Multiply each per cent determined in division
(L)(1)(a) of this section by the quotient obtained in division
(L)(1)(c) of this section;
(e) One hundred five per cent of each product thus
obtained shall be the hourly rate for the corresponding level of
training, experience, or other professional qualification in the
schedule for the ensuing fiscal year.
(2) Annually, assign each certificated employee on the
instructional staff of the superintendent's respective
school to an hourly rate on the schedule that is commensurate with the
employee's training, experience, and other professional qualifications.
If an employee is employed on the basis of an academic
year, the employee's annual salary shall be calculated by multiplying the
employee's assigned hourly rate times one thousand seven hundred sixty. If
an employee is not employed on the basis of an academic year, the employee's
annual salary shall be calculated in accordance with the
following formula:
(a) Multiply the number of days the employee is required
to work pursuant to the employee's contract by eight;
(b) Multiply the product of division (L)(2)(a) of this
section by the employee's assigned hourly rate.
Each employee shall be paid an annual salary in biweekly
installments. The amount of each installment shall be calculated
by dividing the employee's annual salary by the number of
biweekly installments to be paid during the year.
Sections 124.13 and 124.19 of the Revised Code do not apply
to an employee who is paid under this division.
As used in this division, "academic year" means the number
of days in each school year that the schools are required to be
open for instruction with pupils in attendance. Upon completing
an academic year, an employee paid under this division shall be
deemed to have completed one year of service. An employee paid
under this division is eligible to receive a pay supplement under
division (L)(1), (2), or (3) of section 124.181 of the Revised
Code for which the employee qualifies, but is not eligible to receive a pay
supplement under division (L)(4) or (5) of such section. An
employee paid under this division is eligible to receive a pay
supplement under division (L)(6) of section 124.181 of the
Revised Code for which the employee qualifies, except that the supplement
is not limited to a maximum of five per cent of the employee's
regular base salary in a calendar year.
(M) Division (A) of this section does not apply to "exempt
employees" as defined in section 124.152 of the Revised Code who
are paid under that section.
Notwithstanding any other provisions of this chapter, when
an employee transfers between bargaining units or transfers out
of or into a bargaining unit, the director shall establish the
employee's compensation and adjust the maximum leave accrual
schedule as the director deems equitable.
Sec. 124.18. (A) Forty hours shall be the standard work week
for all employees whose salary or wage is paid in whole or in
part by the state or by any state-supported college or
university. When any employee whose salary or wage is paid in
whole or in part by the state or by any state-supported college
or university is required by an authorized administrative
authority to be in an active pay status more than forty hours in
any calendar week, the employee shall be compensated for such
time over
forty hours, except as otherwise provided in this section, at one
and one-half times the employee's regular rate of pay. The use of sick
leave shall not be considered to be active pay status for the purposes of
earning overtime or compensatory time by employees whose wages are paid
directly by warrant of the auditor of state. A flexible hours
employee is not entitled to compensation for overtime work unless
the employee's authorized administrative authority required
the employee to be in
active pay status for more than forty hours in a calendar week,
regardless of the number of hours the employee works on any
day in the same calendar week.
The authorized administrative authority shall be designated
by the appointing authority to the director of administrative
services. Such compensation for overtime work shall be paid no
later than at the conclusion of the next succeeding pay period.
If the employee elects to take compensatory time off in
lieu of overtime pay, for any overtime worked, such compensatory
time shall be granted by the employee's administrative
superior, on a time
and one-half basis, at a time mutually convenient to the employee
and the administrative superior. An employee may accrue
compensatory time to a maximum of two hundred forty hours, except
that public safety employees and other employees who meet the
criteria established in the "Federal Fair Labor Standards Act of
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may
accrue a maximum of four hundred eighty hours of compensatory
time. An employee shall be paid at the employee's regular
rate of pay for
any hours of compensatory time accrued in excess of these maximum
amounts if the employee has not used the compensatory time within
one hundred eighty days after it is granted, if the employee
transfers to another agency of the state, or if a change in the
employee's status exempts the employee from the payment of
overtime
compensation. Upon the termination of employment, any employee
with accrued but unused compensatory time shall be paid for that
time at a rate that is the greater of the employee's final
regular rate of pay or the employee's average regular rate of pay
during the employee's last three years of employment with
the state.
No overtime, as described in this section, can be paid
unless it has been authorized by the authorized administrative
authority. Employees may be exempted from the payment of
compensation as required by this section only under the criteria
for exemption from the payment of overtime compensation
established in the "Federal Fair Labor Standards Act of 1938," 52
Stat. 1060, 29 U.S.C.A. 207, 213, as amended. With the approval
of the director of administrative services, the appointing
authority may establish a policy to grant compensatory time or to
pay compensation to state employees who are exempt from overtime
compensation. With the approval of the board of county commissioners, a
county human services department may establish a policy to grant compensatory
time or to pay compensation to employees of the department who are exempt from
overtime compensation.
(B) An employee, whose salary or wage is paid in whole or in
part by the state, shall be paid for the holidays declared in
section 124.19 of the Revised Code and shall not be required to
work on such holidays, unless in the opinion of the employee's
responsible administrative authority failure to work on such
holidays would impair the public service. An employee shall not be paid
for a holiday unless the employee was in active pay status on the scheduled
work day
immediately preceding the holiday. In the event that any
of the holidays declared in section 124.19 of the Revised Code
should fall on Saturday, the Friday immediately preceding shall
be observed as the holiday. In the event that any of the
holidays declared in section 124.19 of the Revised Code should
fall on Sunday, the Monday immediately succeeding shall be
observed as the holiday. If an employee's work schedule is other
than Monday through Friday, the employee shall be entitled to
holiday pay
for holidays observed on the employee's day off regardless
of the day of the
week on which they are observed. A full-time permanent employee
is entitled to eight hours of pay for each holiday regardless of
the employee's work shift and work schedule. A flexible
hours employee is
entitled to holiday pay for the number of hours for which the
employee normally would have been scheduled to work. Part-time permanent
employees shall be paid holiday pay for that portion of any
holiday for which they would normally have been scheduled to
work. When an employee who is eligible for overtime pay under
this section is required by the employee's responsible
administrative
authority to work on the day observed as a holiday, the
employee shall be
entitled to pay for such time worked at one and one-half times
the employee's regular rate of pay in addition to the
employee's regular pay, or to be
granted compensatory time off at time and one-half thereafter, at
the employee's option. Payment at such rate shall be excluded in
the calculation of hours in active pay status.
(C) Each appointing authority may designate the number of
employees in an agency who are flexible hours employees. The
appointing authority may establish for each flexible hours
employee a specified minimum number of hours to be worked each
day that is consistent with the "Federal Fair Labor Standards Act
of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.
(D) This section shall be uniformly administered for employees as defined in
section 124.01 of the Revised Code and by the personnel
departments of state-supported colleges and universities for
employees of state-supported colleges and universities. If employees are
not paid directly by warrant of the auditor of state, the political
subdivision
shall determine whether the use of sick leave shall be considered to be active
pay status for purposes of those employees earning overtime or compensatory
time.
(E) Policies relating to the payment of overtime pay or the
granting of compensatory time off shall be adopted by the
executive secretary of the house of representatives for employees
of the house of representatives, by the clerk of the senate for
employees of the senate, and by the director of the legislative
service commission for all other legislative employees.
(F) As used in this section, "regular rate of pay" means the
base rate of pay an employee receives plus any pay supplements
received pursuant to section 124.181 of the Revised Code.
Sec. 124.181. (A) Except as provided in division (M) of
this section, any employee paid under schedule B of
section 124.15 or under schedule E-1 of section 124.152 of the
Revised Code is eligible for the pay supplements provided herein
upon application by the appointing authority substantiating the
employee's qualifications for the supplement and with the
approval of the director of administrative services except as
provided in division (E) of this section.
(B) In computing any of the pay supplements provided in
this section the classification salary base shall be the minimum
hourly rate of the pay range, provided in section 124.15 or
124.152 of the Revised Code, in which the employee is assigned at
the time of computation.
(C) The effective date of any pay supplement, unless
otherwise provided herein, shall be determined by the director.
(D) The director shall, by rule, establish standards
regarding the administration of this section.
(E) Except as otherwise provided in this division,
beginning on the first day of the pay period within which the
employee completes five years of total service with the state
government or any of its political subdivisions, each employee in
positions paid under salary schedule B of
section 124.15
or under salary schedule E-1 of section 124.152 of the Revised
Code shall receive an automatic salary adjustment equivalent to
two and one-half per cent of the classification salary base, to
the nearest whole cent. Each employee shall receive thereafter
an annual adjustment equivalent to one-half of one per cent of
the employee's classification salary base, to the nearest
whole cent, for
each additional year of qualified employment until a maximum of
ten per cent of the employee's classification salary base is
reached. The granting of longevity adjustments shall not be
affected by promotion, demotion, or other changes in
classification held by the employee, nor by any change in pay
range for the employee's class. Longevity pay adjustments
shall become
effective at the beginning of the pay period within which the
employee completes the necessary length of service,
except that when an employee requests credit for prior
service, the effective date of the prior service credit and of
any longevity adjustment shall be the first day of the pay period
following approval of the credit by the director of
administrative services. No employee, other than an employee who
submits proof of prior service within ninety days after the date
of the employee's hiring, shall receive any longevity adjustment for the
period prior to the director's approval of a prior service
credit. Time spent on authorized leave of absence shall be
counted for this purpose.
An employee who has retired in accordance with the
provisions of any retirement system offered by the state and who
is employed by the state or any political subdivision of the
state on or after June 24, 1987, shall not have prior service
with the state or any political subdivision of the state counted
for the purpose of determining the amount of the salary
adjustment provided under this division.
(F) When an exceptional condition exists that creates a
temporary or a permanent hazard for one or more positions in a
class paid under schedule B of section
124.15 or under salary schedule E-1 of section 124.152 of the
Revised Code, a
special hazard salary adjustment may be granted for the time the
employee is subjected to the hazardous condition. All special
hazard conditions shall be identified for each position and
incidence from information submitted to the director on an
appropriate form provided by the director and categorized into
standard conditions of: some unusual hazard not common to the
class; considerable unusual hazard not common to the class; and
exceptional hazard not common to the class.
(1) A hazardous salary adjustment of five per cent of the
employee's classification salary base may be applied in the case
of some unusual hazardous condition not common to the class for
those hours worked, or a fraction thereof, while the employee was
subject to the unusual hazard condition.
(2) A hazardous salary adjustment of seven and one-half
per cent of the employee's classification salary base may be
applied in the case of some considerable hazardous condition not
common to the class for those hours worked, or a fraction
thereof, while the employee was subject to the considerable
hazard condition.
(3) A hazardous salary adjustment of ten per cent of the
employee's classification salary base may be applied in the case
of some exceptional hazardous condition not common to the class
for those hours, or a fraction thereof, when the employee was
subject to the exceptional hazard condition.
(4) Each claim for temporary hazard pay shall be submitted
as a separate payment and shall be subject to an administrative
audit by the director as to the extent and duration of the
employee's exposure to the hazardous condition.
(G) When a full-time employee whose rate of pay for a
normal biweekly pay period is less than a rate equivalent to
pay range 29,
step 2, salary schedule B, or pay range 9, salary schedule
E-1 of section 124.152 of the Revised Code SALARY OR WAGE IS PAID
DIRECTLY BY WARRANT OF THE AUDITOR OF STATE AND WHO ALSO IS ELIGIBLE FOR
OVERTIME UNDER THE "FAIR LABOR STANDARDS
ACT OF 1938," 52 STAT. 1060, 29 U.S.C.A. 207, 213, AS
AMENDED, is ordered by
the appointing authority to report back to work after termination
of the employee's regular work schedule and the
employee reports, the employee shall be paid for
such time. The minimum the employee shall receive for
reporting is an amount equal to
four times the employee's hourly base salary BE ENTITLED TO FOUR HOURS
AT THE EMPLOYEE'S TOTAL RATE OF PAY OR OVERTIME COMPENSATION FOR THE ACTUAL
HOURS WORKED, WHICHEVER IS GREATER. This division
does not apply
to work that is a continuation of or immediately preceding an
employee's regular work schedule. An appointing authority may
apply to the director to pay the supplement provided by this
division to employees who are at a higher pay range than those
established by this division.
(H) When a certain position or positions paid under
schedule B of section 124.15 or under
salary schedule E-1 of section 124.152 of the Revised Code require the ability
to speak or
write a language other than English a special pay supplement may
be granted to attract bilingual individuals, to encourage present
employees to become proficient in other languages or to retain
qualified bilingual employees. The bilingual pay supplement
provided herein may be granted in the amount of five per cent of
the employee's classification salary base for each required
foreign language and shall remain in effect as long as the
bilingual requirement exists.
(I) The director may establish a shift differential for
employees. Such differential shall be paid to employees in
positions working in other than the regular or first shift. In
those divisions or agencies where only one shift prevails, no
shift differential shall be paid regardless of the hours of the
day that are worked. The director and the appointing authority
shall designate which positions shall be covered by this section.
(J) Whenever an employee is assigned to work in a higher
level position for a continuous period of more than two weeks but
no more than two years because of a vacancy, the employee's
pay may be established at a rate that is approximately
four per cent above the employee's current base rate for the period the
employee occupies the position provided that this temporary occupancy is
approved by
the director. Employees paid under this provision shall continue
to receive any of the pay supplements due them under provisions
of this section based on the step one base rate for their normal
classification.
(K) If a certain position, or positions, within a class
paid under schedule B of section 124.15 or under
salary schedule E-1 of section 124.152 of the Revised Code
are mandated by state or federal law or regulation or other
regulatory agency or other certification authority to have
special technical certification, registration, or licensing to
perform the functions which are under the mandate a special
professional achievement pay supplement may be granted. This
special professional achievement pay supplement shall not be
granted when all incumbents in all positions in a class require
license as provided in the classification description published
by the department of administrative services; to licensees where
no special or extensive training is required; when certification
is granted upon completion of a stipulated term of in-service
training; when an appointing authority has required
certification; or any other condition prescribed by the director.
(1) Before this supplement may be applied, evidence as to
the requirement must be provided by the agency for each position
involved and certification received from the director as to the
director's concurrence for each of the positions so affected.
(2) The professional achievement pay supplement provided
herein shall be granted in an amount up to ten per cent of the
employee's classification salary base and shall remain in effect
as long as the mandate exists.
(L) Those employees assigned to teaching supervisory,
principal, assistant principal, or superintendent positions who
have attained a higher educational level than a basic bachelor's
degree may receive an educational pay supplement to remain in
effect as long as the employee's assignment and classification
remain the same.
(1) An educational pay supplement of two and one-half per
cent of the employee's classification salary base may be applied
upon the achievement of a bachelor's degree plus twenty quarter
hours of postgraduate work.
(2) An educational pay supplement of an additional five
per cent of the employee's classification salary base may be
applied upon achievement of a master's degree.
(3) An educational pay supplement of an additional two and
one-half per cent of the employee's classification salary base
may be applied upon achievement of a master's degree plus thirty
quarter hours of postgraduate work.
(4) An educational pay supplement of five per cent of the
employee's classification salary base may be applied when the
employee is performing as a master teacher.
(5) An educational pay supplement of five per cent of the
employee's classification salary base may be applied when the
employee is performing as a special education teacher.
(6) Those employees in teaching supervisory, principal,
assistant principal, or superintendent positions who are
responsible for specific extracurricular activity programs shall
receive overtime pay for those hours worked in excess of their
normal schedule, at their straight time hourly rate up to a
maximum of five per cent of their regular base salary in any
calendar year.
(M) A state agency, board, or commission may establish a
supplementary compensation schedule for those licensed physicians
employed by the agency, board, or commission in positions
requiring a licensed physician. The supplementary compensation
schedule, together with the compensation otherwise authorized by
this chapter, shall provide for the total compensation for these
employees to range appropriately, but not necessarily uniformly,
for each classification title requiring a licensed physician, in
accordance with a schedule approved by the state controlling
board. The individual salary levels recommended for each such
physician employed shall be approved by the director.
Notwithstanding section 124.11 of the Revised Code, such
personnel are in the unclassified civil service.
(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36, 117.42, and
131.02 of the Revised Code, the state shall not institute any civil action to
recover and shall not seek reimbursement for overpayments made in violation of
division (E) of this section or division (C) of section 9.44 of the Revised
Code for the period starting after June 24, 1987, and ending on October 31,
1993.
(O) Employees of the office of the treasurer of state who are
exempt from collective bargaining coverage may be granted a merit pay
supplement of up to one and one-half per cent of their step rate. The rate at
which this supplement is granted shall be based on performance standards
established by the treasurer of state. Any supplements granted under this
division shall be administered on an annual basis.
Sec. 124.20. The director of administrative services, with
the approval of the state personnel board of review, shall adopt rules:
(A) For the classification of officers, positions, and
employments, in the civil service of the state and the several
counties thereof;
(B) For appointment, promotions, transfers, layoffs,
suspensions, reductions, reinstatements, and removals therein and
examinations and registrations. EXCEPT AS OTHERWISE PROVIDED IN THIS
DIVISION, APPOINTING AUTHORITIES SHALL SUBMIT PERSONNEL ACTION INFORMATION TO
THE DEPARTMENT OF ADMINISTRATIVE SERVICES AS THE DIRECTOR REQUIRES.
County boards of mental
retardation and developmental disabilities shall be required to
submit personnel action forms to the department of administrative
services only when an employee is hired by a board, when a
disciplinary action appealable pursuant to this chapter is taken
by a board, or when the board terminates the employment of an
employee for any reason. Any submittals required by this section
shall be made to the county personnel department with
jurisdiction in the matter, if one has been established.
(C) For maintaining and keeping records of the efficiency
of officers and employees in accordance with sections 124.01 to
124.64 of the Revised Code.
Due notice of the contents of such rules and of all changes
therein shall be given to appointing authorities affected by such
rules, and such rules shall also be printed for public
distribution.
Sec. 124.25. The director of administrative services shall
require persons applying for an examination for original
appointment to file with the director, within reasonable time
prior to the examination, a formal application, in which the
applicant shall state the applicant's name,
address, and such other information as may reasonably be required
concerning the applicant's education and experience. No
inquiry shall be
made as to religious or political affiliations nor OR as to
racial
or ethnic origin of the applicant, EXCEPT AS NECESSARY TO GATHER
EQUAL EMPLOYMENT OPPORTUNITY OR OTHER STATISTICS THAT, WHEN COMPILED, WILL NOT
IDENTIFY ANY SPECIFIC INDIVIDUAL.
Blank forms for applications shall be furnished by the
director without charge to any person requesting the same. The
director may require in connection with such application such
certificate of persons having knowledge of the applicant as the
good of the service demands. The director may refuse to appoint
or examine an applicant, or, after an examination, refuse to
certify the applicant as eligible, who is found to lack any of
the established preliminary requirements for the examination, who
is addicted to the habitual use of intoxicating liquors or drugs
to excess, who has a pattern of poor work habits and performance with
previous employers, who has been convicted of a felony, who has
been guilty of infamous or notoriously disgraceful conduct, who has
been dismissed from either branch of the civil service for
delinquency or misconduct, or who has made false statements of
any material fact, or practiced, or attempted to practice, any
deception or fraud in the application or
examination, in establishing eligibility, or securing an appointment.
Sec. 124.27. The head of a department, office, or
institution, in which a position in the classified service is to
be filled, shall notify the director of administrative services
of the fact, and the director shall, except as otherwise provided
in this section and sections 124.30 and 124.31 of the Revised
Code, certify to the appointing authority the names and addresses
of the ten candidates standing highest on the
eligible list for the class or grade to which the position belongs; provided
that the director may certify less than ten names if
ten names are not available. When less than six TEN names
are certified to an appointing authority, appointment from that
list shall not be
mandatory. When a position in the classified service in the
department of mental health or the department of mental
retardation and developmental disabilities is to be filled, the
director of administrative services shall make such certification
to the appointing authority within seven working days of the date
the eligible list is requested.
The appointing authority shall notify the director of such
position to be filled, and the appointing authority shall
fill such position by appointment of one of the ten persons certified by the
director. If more than one position is to be filled, the director of
administrative services may certify a group of names from the
eligible list and the appointing authority shall appoint in the
following manner: Beginning at the top of the list, each time a
selection is made it must be from one of the first
ten candidates remaining on the list who is willing to accept
consideration for the position. If an eligible list becomes
exhausted, and until a new list can be created, or when no
eligible list for such position exists, names may be certified
from eligible lists most appropriate for the group or class in
which the position to be filled is classified. A person
certified from an eligible list more than three times to the same
appointing authority for the same or similar positions, may be
omitted from future certification to such appointing authority,
provided that certification for a temporary appointment shall not
be counted as one of such certifications. Every soldier, sailor,
marine, coast guardsman, member of the auxiliary corps as
established by congress, member of the army nurse corps, or navy
nurse corps, or red cross nurse who has served in the army, navy,
or hospital service of the United States, and such other military
service as is designated by congress in the war with Spain,
including the Philippine insurrection and the Chinese relief
expedition, or from April 21, 1898, to July 4, 1902, World War I,
World War II, or during the period beginning May 1, 1949, and
lasting so long as the armed forces of the United States are
engaged in armed conflict or occupation duty, or the selective
service or similar conscriptive acts are in effect in the United
States, whichever is the later date, who has been honorably
discharged or separated under honorable conditions therefrom, and
is a resident of Ohio, and whose name is on the eligible list for
a position, shall be entitled to preference in original
appointments to any such competitive position in the civil
service of the state and the civil divisions thereof, over all
persons eligible for such appointments and standing on the list
therefor, with a rating equal to that of each such person.
Appointments to all positions in the classified service, that are
not filled by promotion, transfer, or reduction, as provided in
sections 124.01 to 124.64 of the Revised Code, and the rules of
the director prescribed under such sections, shall be made only
from those persons whose names are certified to the appointing
authority, and no employment, except as provided in such
sections, shall be otherwise given in the classified service of
this state or any political subdivision thereof.
All original and promotional appointments, including
provisional appointments made pursuant to section 124.30 of the
Revised Code, shall be for a probationary period, not less than
sixty days nor more than one year, to be fixed by the rules of
the director, except as provided in section 124.231 of the
Revised Code, or except original appointments to a police
department as a police officer, or to a
fire department
as a fire fighter FIREFIGHTER which shall be for a probationary
period of one year, and no
appointment or promotion is final until the
appointee has satisfactorily served the probationary period. Service as a
provisional employee in the same or similar class shall be
included in the probationary period. If the service of the probationary
employee is unsatisfactory, the employee may be removed or
reduced at any time during the probationary period after
completion of sixty days or one-half of the probationary
period, whichever is greater. If the appointing authority's decision is
to
remove the appointee, the appointing authority's
communication to the director shall
indicate the reason for such decision. Dismissal or reduction
may be made under provisions of section 124.34 of the Revised
Code during the first sixty days or first half of the
probationary period, whichever is greater. Any person appointed
to a position in the classified service under sections 124.01 to
124.64 of the Revised Code, except temporary and exceptional
appointments, shall be or become forthwith a resident of the
state.
Sec. 124.30. (A) Positions in the classified service may be
filled without competition as follows:
(A)(1) Whenever there are urgent reasons for filling a
vacancy in any position in the classified service and the
director of administrative services is unable to certify to the
appointing authority, upon requisition by the latter, a list of
persons eligible for appointment to such position after a
competitive examination, the appointing authority may nominate a
person to the director for noncompetitive examination, and if
such nominee is certified by the director as qualified after such
noncompetitive examination, the nominee may be appointed
provisionally to
fill such vacancy until a selection and appointment can be made
after competitive examination; but such provisional appointment
shall continue in force only until a regular appointment can be
made from eligible lists prepared by the director and such
eligible lists shall be prepared within six months, provided that
an examination for the position must be held within the six-month
period from the date of such provisional appointment. In the
case of provisional appointees in county departments of human
services and in the
department of human services and department of health, if the
salary is paid in whole or in part from federal funds, such
eligible lists shall be prepared within six months, provided that
an examination for the position must be held within the six-month
period from the date of such provisional appointment. In case of
an emergency, an appointment may be made without regard to the
rules of sections 124.01 to 124.64 of the Revised Code, but in no
case to continue longer than thirty days, and in no case shall
successive appointments be made. Interim or temporary
appointments, made necessary by reason of sickness, disability,
or other approved leave of absence of regular officers or
employees shall continue only during such period of sickness,
disability, or other approved leave of absence, subject to rules
to be provided for by the director.
Persons who receive interim, temporary, or intermittent
appointments shall serve at the pleasure of their appointing
authority. Interim appointments shall be made only to fill a
vacancy that results from an employee's temporary absence, but shall not be
made to fill a vacancy that results because an employee receives an interim
appointment.
(B)(2) In case of a vacancy in a position in the classified
service where peculiar and exceptional qualifications of a
scientific, managerial, professional, or educational character
are required, and upon satisfactory evidence that for specified
reasons competition in such special case is impracticable and
that the position can best be filled by a selection of some
designated person of high and recognized attainments in such
qualities, the director may suspend the provisions of sections
124.01 to 124.64 of the Revised Code, requiring competition in
such case, but no suspension shall be general in its application,
and all such cases of suspension shall be reported in the annual
report of the director with the reasons for the suspension.
(C)(3) Where the services to be rendered by an appointee are
for a temporary period, not to exceed six months, and the need of
such service is important and urgent, the appointing authority
may select for such temporary service any person on the proper
list of those eligible for permanent appointment. Successive
temporary appointments to the same position shall not be made
under this division. The acceptance or refusal by an eligible of
a temporary appointment shall not affect the person's standing on the
register for permanent employment; nor shall the period of
temporary service be counted as a part of the probationary
service in case of subsequent appointment to a permanent
position.
(B) PERSONS WHO RECEIVE EXTERNAL INTERIM, TEMPORARY, OR
INTERMITTENT APPOINTMENTS ARE IN THE UNCLASSIFIED CIVIL SERVICE AND SERVE AT
THE PLEASURE OF THEIR APPOINTING AUTHORITY. INTERIM APPOINTMENTS SHALL BE
MADE ONLY TO FILL A VACANCY THAT RESULTS FROM AN EMPLOYEE'S TEMPORARY ABSENCE,
BUT SHALL NOT BE MADE TO FILL A VACANCY THAT RESULTS BECAUSE AN EMPLOYEE
RECEIVES AN INTERIM APPOINTMENT.
Sec. 124.32. (A) With the consent of the director of
administrative services, a person holding an office or position
in the classified service may be transferred to a similar
position in another office, department, or institution having the
same pay and similar duties; but no transfer shall be made from
an office or position in one class to an office or position in
another class, nor shall a person be transferred to an office or
position for original entrance to which there is required by
sections 124.01 to 124.64 of the Revised Code, or the rules
adopted pursuant to such sections, an examination involving
essential tests or qualifications or carrying a salary different
from or higher than those required for original entrance to an
office or position held by such person.
(B) Any person holding an office or position under the
classified service who has been separated from the service
without delinquency or misconduct on his THE PERSON'S part may,
with the
consent of the director, be reinstated within one year from the
date of such separation to a vacancy in the same or similar
office or position in the same department; provided, if such
separation is due to injury or physical disability, such person
shall be reinstated to the same office or similar position he
held at the time of his separation, within thirty days after
written application for reinstatement and after passing a
physical examination made by a licensed physician designated by
the director APPOINTING AUTHORITY, showing that he THE
PERSON has recovered from such
disability,
provided further that such application for reinstatement be filed
within three years from the date of separation, and further
provided that such application shall not be filed after the date
of service eligibility retirement.
Sec. 124.323. (A) Employees shall be laid off in the
order set forth in this section within the primary appointment
categories of temporary, intermittent, part-time, seasonal, and
full-time, and other appointment categories as established by the
director of administrative services.
(B) Whenever a reduction in force is necessary within each
of the primary appointment categories, first temporary, then
intermittent, then seasonal, then part-time permanent,
and then full-time permanent
employees shall be laid off in the following order:
(1) Employees serving provisionally who have not completed
their probationary period after appointment;
(2) Employees serving provisionally who have
satisfactorily completed their probationary period after
appointment;
(3) Employees appointed from certified eligible lists or
who are certified and who have not completed their probationary
period after appointment;
(4) Employees appointed from certified eligible lists or
who are certified and who have successfully completed their
probationary period after appointment.
Sec. 124.327. (A) Employees who have been laid off or
have, by virtue of exercising their displacements rights, been
displaced to a lower classification in their classification
series, shall be placed on appropriate layoff lists. Those
employees with the most retention points within each category of
order of layoff, as established in section 124.323 of the Revised
Code, shall be placed at the top of the layoff list to be
followed by employees ranked in descending total retention order.
Laid-off employees shall be placed on layoff lists for each
classification in the classification series equal to or lower
than the classification in which the employee was employed at the
time of layoff.
(B) An employee who is laid off retains reinstatement
rights in the agency from which he THE EMPLOYEE was laid off.
Reinstatement
rights continue for one year from the date of layoff. During
this one-year period, in any layoff jurisdiction in which an
appointing authority has an employee on a layoff list, the
appointing authority shall not hire or promote anyone into A POSITION
WITHIN that
classification until all laid-off perons PERSONS on a layoff
list
for that classification WHO ARE QUALIFIED TO PERFORM THE DUTIES OF THE
POSITION are reinstated or decline the position
when it is offered.
(C) Each laid-off or displaced employee, in addition to
reinstatement rights within the employee's appointing authority,
shall have the right to reemployment with other agencies within
the layoff jurisdiction, IF THE EMPLOYEE IS QUALIFIED TO PERFORM THE
DUTIES OF THE POSITION, but only in the same classification from
which the employee was initially laid off or displaced. Layoff
lists for each appointing authority must be exhausted before
jurisdictional reemployment layoff lists are used.
(D) Any employee accepting or declining reinstatement to
the same classification and same appointment type from which the
employee was laid off or displaced shall be removed from the
appointing authority's layoff list.
(E) Any employee accepting or declining reemployment to
the same classification and the same appointment type from which
the employee was laid off or displaced shall be removed from the
jurisdictional layoff list.
(F) An employee who does not exercise his THE option to
displace under section 124.324 of the Revised Code shall only be
entitled to reinstatement or reemployment in the classification
from which the employee was displaced or laid off.
(G) An employee who declines reinstatement to a
classification lower in the classification series than the
classification from which the employee was laid off or displaced,
shall thereafter only be entitled to reinstatement to a
classification higher, up to and including the classification
from which the employee was laid off or displaced, in the
classification series than the classification that was declined.
(H) Any employee reinstated or reemployed under this
section shall not serve a probationary period upon reinstatement
or reemployment except that an employee laid off during an
original or promotional probationary period shall begin a new
probationary period.
(I) For the purposes of this section, employees whose
salary or wage is not paid directly by warrant of the auditor of
state shall be placed on layoff lists of their appointing
authority only.
Sec. 124.34. 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 OF THE STATE,
holding a position
under this chapter of the Revised Code, shall be during good
behavior and efficient service, and no such officer or employee
shall be reduced in pay or position, fined in excess of five days'
pay, 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 THIS CHAPTER 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. A
AN APPOINTING AUTHORITY MAY REQUIRE AN EMPLOYEE WHO IS SUSPENDED
TO REPORT TO WORK TO SERVE THE SUSPENSION. AN EMPLOYEE SERVING A
SUSPENSION IN THIS MANNER SHALL CONTINUE TO BE COMPENSATED AT
THE EMPLOYEE'S REGULAR RATE OF PAY FOR HOURS WORKED. SUCH
DISCIPLINARY ACTION SHALL BE RECORDED IN THE EMPLOYEE'S
PERSONNEL FILE IN THE SAME MANNER AS
OTHER DISCIPLINARY ACTIONS AND HAS THE SAME EFFECT AS A
SUSPENSION WITHOUT PAY FOR THE PURPOSE OF RECORDING DISCIPLINARY ACTIONS.
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. The tenure of an
employee in the career professional service of the department of
transportation is subject to section 5501.20 of the Revised Code.
In any case of a fine, reduction, suspension of more
than three
working days, OR FINE IN EXCESS OF THREE DAYS' PAY, or A
removal, the appointing authority shall furnish
such THE employee with a copy of the order of reduction,
FINE, 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 such order or, in the case of an
employee in the career professional service of the department of
transportation, within ten days following the filing of a removal order, the
employee may file an appeal, in writing, with the state personnel
board of review or the commission. In the event 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.
In the case of the suspension for any period of time, or
a fine, 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 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.
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. 124.382. (A) As used in this section and sections
124.383, 124.386, 124.387, and 124.388 of the Revised Code:
(1) "Base pay period" means the pay period that includes
the first day of December.
(2) "Pay period" means the fourteen-day period of time
during which the payroll is accumulated, as determined by the
director of administrative services.
(3) "Active pay status" means the conditions under which
an employee is eligible to receive pay, and includes, but is not
limited to, vacation leave, sick leave, personal leave,
bereavement leave, and administrative leave.
(4) "No pay status" means the conditions under which an
employee is ineligible to receive pay, and includes, but is not
limited to, leave without pay, leave of absence, and disability
leave.
(5) "Disability leave" means the leave granted pursuant to
section 124.385 of the Revised Code.
(6) "Full-time permanent employee" means an employee whose
regular hours of duty total eighty hours in a pay period in a
state agency, and whose appointment is not for a limited period
of time.
(7) "Base rate of pay" means the rate of pay established
under schedule B or C of section 124.15 or under schedule E-1 or E-2 of
section 124.152 of the Revised Code, plus any
supplement provided under section 124.181 of the Revised Code,
plus any supplements enacted into law which are added to schedule
B or C of section 124.15 or to schedule E-1 or
E-2 of section
124.152 of the Revised Code.
(8) "Part-time permanent employee" means an employee whose
regular hours of duty total less than eighty hours in a pay
period in a state agency and whose appointment is not for a
limited period of time.
(B) Each full-time permanent and part-time permanent
employee whose salary or wage is paid directly by warrant of the
auditor of state shall be credited with sick leave of three and
one-tenth hours for each completed eighty hours of service,
excluding overtime hours worked.
(C) Any sick leave credit provided pursuant to division
(B) of this section, remaining as of the last day of the pay
period preceding the next succeeding base pay period, shall be
converted pursuant to section 124.383 of the Revised Code.
(D) Employees may use sick leave, provided a credit
balance is available, upon approval of the responsible
administrative officer of the employing unit, for absence due to
personal illness, pregnancy, injury, exposure to contagious
disease which could be communicated to other employees, and to
illness, injury, or death in the employee's immediate family.
When sick leave is used, it shall be deducted from the employee's
credit on the basis of absence from previously scheduled work in
such increments of an hour and at such a compensation rate as the
director of administrative services determines. The appointing
authority of each employing unit may require an employee to furnish a
satisfactory, signed statement to justify the use of sick leave.
If, after having utilized the credit provided by this
section, an employee utilizes sick leave that was accumulated
prior to November 15, 1981, compensation for such sick leave used
shall be equal to the employee's hourly base rate of pay AT A RATE
AS THE DIRECTOR DETERMINES.
(E)(1) The previously accumulated sick leave balance of an
employee who has been separated from the public service, for
which separation payments pursuant to the provisions of section
124.384 of the Revised Code have not been made, shall be placed
to the employee's credit upon the employee's reemployment in the public
service, if
the reemployment takes place within ten years of the date on
which the employee was last terminated from public service.
(2) The previously accumulated sick leave balance of an
employee who has separated from a school district shall be placed
to the employee's credit upon the
employee's appointment as an unclassified employee of
the state department of education, if all of the following apply:
(a) The employee accumulated the sick leave balance while
employed by the school district;
(b) The employee did not receive any separation payments for
the sick leave balance;
(c) The employee's employment with the department takes
place within ten years after the date on which the employee separated from
the school district.
(F) An employee who transfers from one public agency to
another shall be credited with the unused balance of the
employee's accumulated sick leave up to the maximum of the sick leave
accumulation permitted in the public agency to which the employee
transfers.
(G) The director of administrative services shall
establish procedures to uniformly administer this section. No
sick leave may be granted to a state employee upon or after the
employee's retirement or termination of employment.
Sec. 124.383. (A) The director of administrative services
shall allow a full-time or part-time employee who is credited
with sick leave pursuant to division (B) of section 124.382 of
the Revised Code to elect one of the following options with
respect to sick leave credit remaining at the end of the year:
(1) Carry forward the balance.;
(2) Receive a cash benefit as established by the director of
administrative services. AN EMPLOYEE SERVING IN A TEMPORARY WORK LEVEL OR
HOLDING AN INTERIM APPOINTMENT WHO ELECTS TO CONVERT UNUSED SICK LEAVE CREDIT
TO CASH SHALL DO SO AT THE BASE RATE OF PAY OF THE EMPLOYEE'S NORMAL
CLASSIFICATION.
(3) Carry forward a portion of the balance and receive a
cash benefit for the remainder. The cash benefit shall be
calculated in the manner specified in division (A)(2) of this
section.
(B) The director of administrative services shall
establish procedures to allow employees to indicate the option
that will be selected. Included within the procedures shall be
the final date by which notification is to be made to the
director concerning the option selected. Failure to comply with
the date will result in the automatic carry forward of unused
balances.
(C) Cash benefits shall be paid in the first
pay the employee receives in December.
(D) Balances carried forward are excluded from further
cash benefits provided under this section.
(E) An employee who separates during the year shall not be
eligible for cash benefits provided under this section.
Sec. 124.384. Except as otherwise provided in this
section, employees whose salaries or wages are paid by warrant of
the auditor of state and who have accumulated sick leave under
section 124.38 or 124.382 of the Revised Code shall be paid for a
percentage of their accumulated balances, upon separation for any
reason, including retirement or death, at their last base rate of pay at
the rate of one hour of pay for every two hours of accumulated
balances. AN EMPLOYEE SERVING IN A TEMPORARY WORK LEVEL OR AN INTERIM
APPOINTMENT WHO ELECTS TO CONVERT UNUSED SICK LEAVE TO CASH SHALL DO SO AT THE
BASE RATE OF PAY OF THE EMPLOYEE'S NORMAL CLASSIFICATION. If an
employee dies, the employee's unused sick leave shall be
paid in accordance with section 2113.04 of the Revised Code or to his
THE EMPLOYEE'S estate.
In order to be eligible for the payment authorized by this
section, an employee shall have at least one year of state
service and must SHALL request ALL OR A PORTION OF such
payment no later than three years
after separation from state service. NO PERSON IS ELIGIBLE TO RECEIVE ALL
OR A PORTION OF THE PAYMENT AUTHORIZED BY THIS SECTION AT ANY TIME LATER THAN
THREE YEARS AFTER THE PERSON'S SEPARATION FROM STATE SERVICE.
Except as otherwise provided in this paragraph, a person
initially employed on or after July 5, 1987, by a state agency in
which the employees' salaries or wages are paid directly by
warrant of the auditor of state shall receive payment under this
section only for sick leave accumulated while employed by state
agencies in which the employees' salaries or wages are paid
directly by warrant of the auditor of state. A person initially
employed on or after July 5, 1987, by the state department of
education as an unclassified employee shall receive payment under
this section only for sick leave accumulated while employed by
state agencies in which the employees' salaries or wages are paid
directly by warrant of the auditor of state and for sick leave
placed to the employee's credit under division (E)(2) of
section 124.382 of the Revised Code.
For employees paid in accordance with section 124.152 of
the Revised Code and those employees listed in divisions (B)(2)
and (4) of section 124.14 of the Revised Code, the director of
administrative services, with the approval of the director of the
office of budget and management, may establish a plan for early
payment of accrued sick leave and vacation leave.
Sec. 124.385. (A) An employee is eligible for disability
leave benefits under this section if the employee has
completed one year of continuous state service immediately prior to the date
of the disability and if
either of the following applies:
(1) The employee is a full-time permanent employee and is
eligible for sick leave credit pursuant to division (B) of section 124.382 of
the Revised Code, or is a full-time permanent employee and is listed in
division (B)(2) OR (4) of section 124.14 of the Revised Code.
(2) The employee is a full-time permanent employee, is on
disability leave or leave of absence for medical reasons, and would be
eligible for sick leave credit pursuant to division (B) of
section 124.382 of the Revised Code except that the employee
is in no pay
status.
(B) The director of administrative services, by rule
adopted in accordance with Chapter 119. of the Revised Code,
shall establish a disability leave program. The rule shall
include, but shall not be limited to:
(1) Procedures to be followed for determining disability;
(2) Provisions for the allowance of disability leave due
to illness or injury;
(3) Provisions for the continuation of service credit for
employees granted disability leave, including service credit
towards retirement, as provided by the applicable statute;
(4) The establishment of a minimum level of benefit and of a waiting
period before benefits begin;
(5) Provisions setting a maximum length
of benefit and requiring that employees eligible to
apply for disability retirement shall do so prior to completing the
first six months of their period of disability. The director's
rules shall indicate those
employees required to apply for disability retirement. If an
employee is approved to receive disability retirement, the employee shall
receive the retirement benefit and a supplement payment that equals a
percentage of the employee's base rate of pay and that, when
added to the retirement benefit, equals no more than the percentage of pay
received
by employees after the first six months of
disability. Such supplemental payment shall not be considered
earnable salary, compensation, or salary, and is not subject to
contributions, under Chapter 145., 742., 3307., 3309., or 5505.
of the Revised Code.
(6) Provisions that allow employees to utilize available
sick leave, personal leave, or vacation leave balances to
supplement the benefits payable under this section. Such
balances used to supplement the benefits, plus any amount
contributed by the state as provided in division (D) of this
section, shall be paid at the employee's base rate of pay in an
amount sufficient to give employees up to one hundred per cent of
pay for time on disability.
(7) Procedures for appealing denial of payment of a claim,
including:
(a) A maximum of thirty days to file an appeal by the
employee;
(b) A maximum of fifteen days for the parties to select a
third-party opinion pursuant to division (F) of this section,
unless an extension is agreed to by the parties;
(c) A maximum of thirty days for the third party to render
an opinion.
(8) Provisions for approving leave of absence for medical
reasons where an employee is in no pay status because the
employee has used all the employee's sick leave,
personal leave, vacation leave, and
compensatory time;
(9) Provisions for precluding the payment of benefits if
the injury for which the benefits are sought is covered by a
workers' compensation plan;
(10) Provisions for precluding the payment of benefits in
order to ensure that benefits are provided in a consistent
manner.
(C) Except as provided in division (B)(6) of this section,
time off for an employee granted disability leave is not
chargeable to any other leave granted by other sections of the
Revised Code.
(D) While an employee is on an approved disability leave,
the employer EMPLOYER'S and employee's share of health, life,
and other
insurance benefits shall be paid by the state, and the retirement
contribution shall be paid as follows:
(1) The employer's share shall be paid by the state;
(2) For the first three months, the employee's share shall
be paid by the employee;
(3) After the first three months, the employee's share
shall be paid by the state.
(E) The approval for disability leave shall be made by the
director, upon recommendation by the appointing authority.
(F) If a request for disability leave is denied based on a
medical determination, the director shall obtain a medical
opinion from a third party. The decision of the third party is
binding.
(G) The rule adopted by the director under division (B) of
this section shall not deny disability leave benefits for an
illness or injury to an employee who is a veteran of the United
States armed forces because the employee contracted the illness
or received the injury in the course of or as a result of
military service and the illness or injury is or may be covered
by a compensation plan administered by the United States
department of veterans affairs.
Sec. 124.386. (A) Each full-time permanent employee paid
in accordance with section 124.152 of the Revised Code and those
employees listed in divisions (B)(2) and (4) of section 124.14 of
the Revised Code shall be credited with thirty-two hours of
personal leave each year. Such credit shall be made to each
eligible employee beginning IN the first day of
PAY
the base pay period EMPLOYEE RECEIVES IN DECEMBER.
Employees, upon giving reasonable notice to the responsible
administrative officer of the appointing authority, may use
personal leave for absence due to mandatory court appearances,
legal or business matters, family emergencies, unusual family
obligations, medical appointments, weddings, religious holidays,
or any other matter of a personal nature.
(B) When personal leave is used, it shall be deducted from
the unused balance of the employee's personal leave on the basis
of absence in such increments of an hour as the director of
administrative services determines. Compensation for such leave
shall be equal to the employee's base rate of pay.
(C) A newly appointed full-time permanent employee or a
nonfull-time employee who receives a full-time permanent
appointment shall be credited with personal leave of thirty-two
hours, less one and two-tenths hours for each pay period that has
elapsed following the base pay period until the first day of the
pay period during which the appointment was effective.
(D) The director of administrative services shall allow
employees to elect one of the following options with respect to
the unused balance of personal leave:
(1) Carry forward the balance. The maximum credit that
shall be available to an employee at any one time is forty hours.
(2) Convert the balance to accumulated sick leave, to be
used in the manner provided by section 124.382 of the Revised
Code.;
(3) Receive a cash benefit. The cash benefit shall equal
one hour of the employee's base rate of pay for every hour of
unused credit that is converted. AN EMPLOYEE SERVING IN A TEMPORARY WORK
LEVEL OR AN INTERIM APPOINTMENT WHO ELECTS TO CONVERT UNUSED PERSONAL LEAVE TO
CASH SHALL DO SO AT THE
BASE RATE OF PAY OF THE EMPLOYEE'S NORMAL CLASSIFICATION. Such
cash benefit shall not be
subject to contributions to any of the retirement systems, either
by the employee or the employer.
(E) Upon separation from state service, an employee shall
be entitled to compensation for all unused personal leave
balance. The rate of pay shall be equal to the employee's base
rate of pay.
(F) A full-time permanent employee who separates from
state service or is no longer a full-time permanent employee
during the year BECOMES INELIGIBLE TO BE CREDITED WITH LEAVE UNDER THIS
SECTION shall receive a reduction of personal leave
credit of one and two-tenths hours for each pay period that
remains beginning with the first pay period following the date of
separation OR THE EFFECTIVE DATE OF THE EMPLOYEE'S INELIGIBILITY until
the pay period preceding the next base pay
period. AFTER CALCULATION OF THE REDUCTION OF AN EMPLOYEE'S PERSONAL LEAVE
CREDIT, THE EMPLOYEE IS ENTITLED TO COMPENSATION FOR ANY REMAINING PERSONAL
LEAVE CREDIT AT THE EMPLOYEE'S CURRENT BASE RATE OF PAY. If the
reduction results in a number
of hours less than
zero, the cash equivalent value of such number of hours shall be
deducted from any compensation that remains payable to the
employee, or from the cash conversion value of any vacation or
sick leave that remains credited to the employee. AN EMPLOYEE SERVING IN A
TEMPORARY WORK LEVEL OR AN INTERIM APPOINTMENT WHO IS ELIGIBLE TO RECEIVE
COMPENSATION UNDER THIS SECTION SHALL BE COMPENSATED AT THE BASE RATE OF PAY
OF THE EMPLOYEE'S NORMAL CLASSIFICATION.
(G)(F) An employee who transfers from one public agency to
another PUBLIC AGENCY IN WHICH THE EMPLOYEE IS ELIGIBLE FOR THE CREDIT
PROVIDED UNDER THIS SECTION shall be credited with the unused balance of
personal
leave up to the maximum personal leave accumulation permitted in
the public agency to which the employee transfers, provided that
if no personal leave accumulation is permitted, the employee
shall receive compensation in the manner prescribed in division
(E) of this section.
(G) The director of administrative services shall establish
procedures to uniformly administer this section. No personal
leave may be granted to a state employee upon or after his retirement
or termination of employment.
Sec. 124.387. Each full-time permanent AND PART-TIME PERMANENT
employee whose salary or wage is paid
directly by warrant of the auditor of state shall be granted three days of
bereavement leave with pay upon the death of a member of the employee's
immediate family. Compensation for bereavement leave shall be equal to the
employee's base rate of pay.
Sec. 124.388. An appointing authority may, in its
discretion, place an employee whose salary or wage is paid
directly by warrant of the auditor of state on administrative
leave with pay. Such leave is to be used only in circumstances
where the health or safety of an employee or of any person or
property entrusted to the employee's care could be adversely
affected. Compensation for administrative leave shall be equal
to the employee's base rate of pay. The length of such leave is
solely at the discretion of the appointing authority, except that
the length of the leave shall not exceed the length of the
situation for which the leave was granted. An appointing
authority may also grant administrative leave of two days or less
for employees who are moved in accordance with section 124.33 of
the Revised Code.
Sec. 124.82. (A) Except as provided in division (D) of
this section, the department of administrative services, in
consultation with the superintendent of insurance, shall, in
accordance with competitive selection procedures of Chapter 125. of the
Revised Code, contract with an insurance
company or a health plan in combination with an
insurance company, authorized to do business in this state, for
the issuance of a policy or contract of health, medical,
hospital, dental, or surgical benefits, or any combination
thereof, covering state employees who are paid directly by
warrant of the auditor of state, including elected state
officials. The department may fulfill its obligation under this
division by exercising its authority under division (A)(2) of
section 124.81 of the Revised Code.
(B) The department may, in addition, in consultation with
the superintendent of insurance, negotiate and contract with
health insuring corporations holding a
certificate of authority under Chapter 1751. of the
Revised Code, in their approved service areas only, for
issuance of a contract or contracts of health care services,
covering state employees who are paid directly by warrant of the
auditor of state, including elected state officials. Except for
health insuring corporations, no more than one insurance carrier or
health plan shall be contracted with to provide the
same
plan of benefits, provided that:
(1) The amount of the premium or cost for such coverage
contributed by the state, for an individual or for an individual
and the individual's family, does not exceed that same
amount of the premium
or cost contributed by the state under division (A) of this
section;
(2) The employee be permitted to exercise the option as to
which plan the employee will select under division (A) or (B)
of this
section, at a set time each year, which time THAT shall
be determined
by the department;
(3) The health insuring corporations do not refuse to accept the
employee, or the
employee and the employee's family, if the
employee exercises the option to select
care provided by the corporations;
(4) The employee may choose participation in only one of the plans sponsored
by the department;
(5) The director of health examines and certifies to the
department that the quality and adequacy of care rendered by the
health insuring corporations meet at least the standards of care provided
by hospitals
and physicians in that employee's community, who would be providing
such care as would be covered by a contract awarded under
division (A) of this section.
(C) All or any portion of the cost, premium, or charge for
the coverage in divisions (A) and (B) of this section may be paid
in such manner or combination of manners as the department
determines and may include the proration of health care costs, premiums, or
charges for part-time employees.
(D) Notwithstanding division (A) of this section, the
department may provide benefits equivalent to those that may be
paid under a policy or contract issued by an insurance company or
a health plan pursuant to division (A) of this section.
(E) This section does not prohibit the state office of
collective bargaining from entering into an agreement with an
employee representative for the purposes of providing fringe
benefits including, but not limited to, hospitalization, surgical
care, major medical care, disability, dental care, vision care,
medical care, hearing aids, prescription drugs, group life
insurance, sickness and accident insurance, group legal services
or other benefits, or any combination thereof, to employees paid
directly by warrant of the auditor of state through a jointly
administered trust fund. The employer's contribution for the
cost of the benefit care shall be mutually agreed to in the
collectively bargained agreement. The amount, type, and
structure of fringe benefits provided under this division is
subject to the determination of the board of trustees of the
jointly administered trust fund. Notwithstanding any other
provision of the Revised Code, competitive bidding does not apply
to the purchase of fringe benefits for employees under this
division when such benefits are provided through a jointly
administered trust fund.
Sec. 124.87. (A) There is hereby established in the state
treasury the state employee health benefit fund for the sole
purpose of enabling the department of administrative services to
provide state employees with any benefits specified in division
(A) of section 124.82 of the Revised Code.
(B) The fund shall be under the supervision of the
department. The department shall be responsible, under approved
bonds, for all moneys coming into, and paid out of, the fund in
accordance with this section and shall ensure that the fund is
actuarially sound. Amounts from the fund may be used to pay direct and
indirect costs that are attributable to consultants or a third-party
administrator and that are necessary to administer this section.
(C) In carrying out its duties and responsibilities, the
department shall:
(1) Adopt rules with regard to the administration of the
fund;
(2) With respect to benefits specified in division (A) of
section 124.82 of the Revised Code, enter into a contract with a
company authorized to do the business of sickness and accident
insurance under Title XXXIX of the Revised Code or a professional
claim administrator, to serve as administrator of that portion of
the fund set aside to provide such benefits. As used in this
division, a "professional claim administrator" means any person
that has experience in the handling of insurance claims and has
been determined by the department to be fully qualified,
financially sound, and capable of meeting all of the service
requirements of the contract of administration under such
criteria as may be established by rules adopted by the
department. With respect to the health, medical, hospital, or
surgical benefits specified in division (A) of section 124.82 of
the Revised Code, if the fund is the secondary payor of these
benefits, the amount the professional claim administrator may pay
is limited to an amount that will yield a benefit no greater than
the amount that would have been paid if the fund were the primary
payor of these benefits.
(3) Adopt rules governing the conditions under which an
employee may participate in or withdraw from the fund, and the
procedure by which the employee is to contribute to the fund;
(4) Adopt rules to ensure that the fund is actuarially
sound;
(5) Adopt rules to ensure the integrity of the fund, and
to ensure that the fund be used solely for the purpose specified
in division (A) of this section.
The department shall adopt all rules pursuant to this
section in accordance with Chapter 119. of the Revised Code.
(D) Amounts withheld from employees, amounts contributed
by the state or from federal funds, and all amounts contributed
by any state authority, shall be credited to the fund. All other
income, including the income derived from any dividends and
distributions, interest earned, premium rate adjustments, or
other refunds, shall also be credited to the fund. Any amounts
remaining in the fund after all premiums or subscription charges,
and other expenses have been paid, shall be retained in the fund
as a special reserve for adverse fluctuation.
(E) All income derived from the investment of the fund
shall accrue to the fund.
(F)(1) The department shall file annually, by the first
day of March, a complete report of its operations for the
preceding fiscal year conducted pursuant to this section, with
the governor, the general assembly, and the superintendent of
insurance.
(2) The report shall include a detailed financial
statement of the fund and the expenses incurred pursuant to this
section so that the cost of the fund established under this
section can be determined and identified. The report shall
include, but not be limited to, the following information
concerning the fund:
(a) Assets and liabilities;
(b) Income and expenditures;
(c) Benefits paid and the reserves for losses incurred but
not yet paid, including potential losses and unreported losses;
(d) Cost of any excess insurance or conversion coverage or
of any other kind of insurance obtained to cover potential
losses, or provide supplemental benefits;
(e) Direct and indirect costs attributable to the use of
outside consultants, independent contractors, and any other
persons who are not state employees;
(f) The cost of developing, monitoring, and evaluating
cost containment plans as required by the department and the
savings derived from those plans.
The financial information required by divisions (F)(2)(a)
to (F)(2)(f) of this section shall be certified by an independent
certified public accountant or independent public accountant
selected by the department who, by reason of knowledge and
experience, is especially qualified in insurance accounting.
(3) The report shall also contain the following
information:
(a) The actuarial report for the preceding calendar year
and any other studies or evaluations prepared in the preceding
year pursuant to division (G) of this section;
(b) A description of the benefits provided by the fund and
the number of state employees covered under the fund;
(c) The rights of state employees who terminate their
employment and the extent of benefits or coverages thereafter
available to those persons and their dependents;
(d) Any other information which is relevant in order to
make full, fair, and effective disclosure of the operations of
the fund conducted pursuant to this section.
(G) The department shall have prepared every year, by a
competent actuary familiar with health and life insurance, a
report showing a complete actuarial evaluation of the fund and
the adequacy of the rates of contribution, which report shall
contain such recommendations as the actuary considers advisable.
The department may at any time request the actuary to make any
studies or evaluations to determine the adequacy of the rates of
contribution, and such rates may be adjusted by the department,
as recommended by the actuary, effective as of the first of any
fiscal year thereafter.
(H) Any new cost resulting from the enactment of this
section shall be reported pursuant to division (F)(2) of this
section.
Sec. 124.92. If the superintendent of insurance has approved all or a portion
of a service area expansion of a health
insuring corporation into an additional county or counties, the
department of administrative services shall authorize the
corporation, at the next open enrollment period conducted by
the department UPON THE CORPORATION'S MEETING THE DEPARTMENT'S
ESTABLISHED PARTICIPATION CRITERIA, to participate in the NEXT open
enrollment for state employees who
reside in the expanded service area, if both of the following
apply:
(A) The open enrollment is conducted in accordance with section
1751.15 of the Revised Code;
(B) Prior PRIOR to the expansion of the service area,
fewer than two health
insuring corporations were available
to state employees in the county or
counties into which the corporation expanded.
Sec. 125.041. Nothing in sections 125.02 or 125.04,
125.03 to 125.08, 125.12 TO 125.16,
125.31 TO 125.76, OR 125.831 of the
Revised
Code shall be construed as limiting the attorney general, auditor of state,
secretary of state, or treasurer of state in any of the following:
(A) Purchases for less than fifty thousand dollars THE DOLLAR
AMOUNTS FOR THE PURCHASE OF SUPPLIES OR SERVICES DETERMINED PURSUANT TO
DIVISION (D) OF SECTION 125.05 of the Revised Code;
(B) Purchases for fifty thousand dollars or more THAT EQUAL OR
EXCEED THE DOLLAR AMOUNTS FOR THE PURCHASE OF SUPPLIES OR SERVICES DETERMINED
PURSUANT TO DIVISION (D) OF SECTION 125.05 of the Revised Code with the
approval of the controlling board, if such THAT approval is
required by section
127.16 of the Revised Code;
(C) The final determination of the nature or quantity making any
purchase of supplies or services to be purchased pursuant to section
125.06 of the Revised Code;
(D) THE FINAL DETERMINATION AND DISPOSAL OF EXCESS AND SURPLUS
SUPPLIES;
(E) THE INVENTORY OF STATE PROPERTY;
(F) THE PURCHASE OF PRINTING;
(G) THE FLEET MANAGEMENT PROGRAM.
Sec. 125.12. As used in sections 125.12 to 125.14 of the Revised Code:
(A) "Excess supplies" means any supplies that have a remaining useful life,
but that are no longer needed by the agency that possesses them.
(B) "Supplies" means all personal property owned by the state, including, but
not limited to, equipment and materials.
(C) "Surplus supplies" means any supplies no longer having any use to the
state, including obsolete supplies, scrap materials, and supplies that have
completed their useful life cycle. "Surplus supplies" does not include
materials that have completed their useful life cycle and are recyclable goods
and materials, providing that the goods and materials are actually recycled.
(D) "Transfer" means to transfer either by sale or without a sale.
(E) "HAZARDOUS PROPERTY" MEANS ANY PROPERTY SUBJECT TO THE
JURISDICTION OF OR REGULATED BY THE OHIO ENVIRONMENTAL PROTECTION
AGENCY.
Sec. 125.13. (A) Except as otherwise provided in section 5193.03
5139.03 of the Revised Code, whenever a state agency determines that
it has excess or surplus supplies, it shall notify the director
of administrative services. Upon request by the director and on
forms provided by the director, the state agency shall
furnish to the director a list of all such THOSE excess and
surplus supplies and an
appraisal of their value.
(B) The director of administrative services shall take
immediate possession CONTROL of a state agency's excess and
surplus
supplies, except for those THE FOLLOWING EXCESS AND SURPLUS
SUPPLIES:
(1) EXCESS OR SURPLUS SUPPLIES that have a value below the minimum
value THAT the director establishes for excess and surplus supplies
under division (D)(E) of this section. The;
(2) EXCESS OR SURPLUS SUPPLIES THAT THE DIRECTOR HAS AUTHORIZED AN AGENCY
TO DONATE TO A PUBLIC ENTITY, INCLUDING, BUT NOT LIMITED TO, PUBLIC SCHOOLS
AND SURPLUS COMPUTERS AND COMPUTER EQUIPMENT TRANSFERRED TO A PUBLIC SCHOOL
UNDER DIVISION (G) OF THIS SECTION;
(3) EXCESS OR SURPLUS SUPPLIES THAT AN AGENCY TRADES IN AS FULL OR PARTIAL
PAYMENT WHEN PURCHASING A REPLACEMENT ITEM;
(4) HAZARDOUS PROPERTY.
(C) THE director shall inventory
excess and surplus supplies in the director's possession CONTROL
and
may have the supplies repaired.
(C)(D) The director may do either of the following:
(1) Dispose of declared surplus or excess
supplies in the director's possession CONTROL by sale, lease,
DONATION,
or
transfer. If the director does so, the
director shall dispose of such THOSE supplies in the following
order
of priority:
(a) To state agencies;
(b) To state-supported or state-assisted institutions of
higher education;
(c) To tax-supported agencies, municipal corporations, or
other political subdivisions of this state;
(d) To the general public by auction, sealed bid, or
negotiation.
(2) If the director has attempted to dispose of any declared
surplus or excess motor vehicle that does not exceed four thousand five
hundred dollars in value pursuant to divisions
(C)(D)(1)(a) to (c) of this section,
donate the motor vehicle to a
nonprofit organization exempt from federal income taxation pursuant to 26
U.S.C. 501(a) and (c)(3) for the purpose of
meeting the transportation needs of participants in the Ohio works
first program established under Chapter 5107. of the Revised Code and
participants in the prevention, retention, and contingency program established
under Chapter 5108. of the Revised Code, the. THE
director may not donate a motor vehicle furnished to the state highway patrol
to a nonprofit organization pursuant to this division.
(D)(E) The director may adopt rules governing the sale,
lease, or transfer of surplus and excess supplies in the
director's possession CONTROL by public auction, sealed bid, or
negotiation,
except that no employee of the disposing agency shall be allowed to
purchase, lease, or receive any such supplies. The director may
dispose of declared surplus or excess supplies, including motor
vehicles, in the
director's possession CONTROL as the director determines proper
if such supplies cannot be disposed of
pursuant to division (C)(D) of this section. The director
shall
by rule establish a minimum value for excess and surplus supplies and
prescribe procedures
for a state agency to follow in disposing of excess and surplus
supplies in its possession CONTROL that have a value below the
minimum
value established by the director.
(E)(F) No state-supported or state-assisted institution of
higher education, tax-supported agency, municipal corporation, or
other political subdivision of this state shall sell, lease, or
transfer excess or surplus supplies acquired under this section
to private entities or the general public at a price greater than
the price it originally paid for such THOSE supplies.
(G) THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY AUTHORIZE ANY
STATE AGENCY TO TRANSFER SURPLUS COMPUTERS AND COMPUTER EQUIPMENT THAT ARE NOT
NEEDED BY OTHER STATE AGENCIES DIRECTLY TO AN ACCREDITED PUBLIC SCHOOL WITHIN
THE STATE. THE COMPUTERS AND COMPUTER EQUIPMENT MAY BE REPAIRED OR
REFURBISHED PRIOR TO TRANSFER. THE STATE AGENCY MAY CHARGE A SERVICE FEE TO
THE PUBLIC SCHOOLS FOR THE PROPERTY NOT TO EXCEED THE DIRECT COST OF REPAIRING
OR REFURBISHING IT. THE STATE AGENCY SHALL DEPOSIT SUCH FUNDS INTO THE
ACCOUNT USED FOR REPAIR OR REFURBISHMENT.
Sec. 125.21. The director of administrative services shall
prepare PROCESS payroll journals INFORMATION for
the purpose of payment for personal
services of state officials and employees on the basis of rates
of pay determined by pertinent law, the director, or other
competent authority.
Calculation of payrolls may be made after the conclusion of
each pay period based upon the amount of time served as certified
by the appropriate appointing authority. Payment for personal
service rendered by an official or employee during any pay period
shall be made no later than at the conclusion of the official's
or employee's next succeeding pay period.
The director shall furnish to the auditor of state all
necessary data for drawing state official and employee pay
warrants and preparing earning statements. These data shall
include the rate at which paid; the time for which paid,
including overtime and any other adjustments affecting the
official's or employee's gross pay; all taxes withheld,
including, whenever practicable, year-to-date figures on all
taxes withheld; the amount of contribution to the appropriate
retirement system; any voluntary deductions made in accordance
with authorizations filed by the official or employee; and
whether a direct deposit is to be made in accordance with an
authorization filed by the official or employee.
Amounts deducted from the salaries or wages of all
officials and employees shall be transferred to the payroll
withholding fund, which is hereby created in the state treasury
for the purpose of consolidating all such deductions made in any
month. Payments from this fund shall be made at intervals for
the intended purpose of the deduction or for refund where it is
determined that deductions were made in error.
Sec. 125.211. (A) There is hereby created in the state
treasury the accrued leave liability fund, for the purpose of
paying both of the following:
(1) The annual cash benefit payable for every hour of
unused sick leave credit that is converted pursuant to section
124.383 of the Revised Code and for every hour of unused
personal leave credit that is converted pursuant to section
124.386 of the Revised Code;
(2) Upon separation from state service, the obligation of
the state to compensate its employees, including
employees listed in
division (B)(2) OR (4) of section 124.14 of the Revised Code
and employees in
bargaining
units who do not receive vacation leave, sick leave, or personal
leave under
Chapter 124. of the Revised Code, for unused vacation leave,
sick leave, or personal leave credit. Any interest earned on the
balances in the fund shall be credited to the fund.
(B) In performing the calculations required by section
125.21 of the Revised Code, the director of administrative
services shall charge to the appropriate salary account an amount
sufficient to make the payments provided in division (A) of this
section.
(C) The director of administrative services, in
consultation with the director of budget and management, shall
develop the procedures to carry out this
section.
(D) Amounts from the accrued leave liability fund
may be used to
pay direct and indirect costs that are attributable to
consultants or a third-party administrator and that are necessary
to carry out this section.
Sec. 125.48. Biennially, between the first day of
June and the first day of August, the THE department of
administrative services shall give notice pursuant to sections
125.07 and 125.08 of the Revised Code that sealed proposals will
be received at its office for executing the several classes ONE,
TWO, THREE, AND FOUR of
public printing, including the necessary binding for the term of
two years from the first Monday of October next ensuing for
classes one and two printing, and terms not to exceed two years
for classes three and four.
bureau employment services
Sec. 156.04. (A) In accordance with this section, the
director of administrative services may enter into an installment
payment contract for the implementation of one or more energy
saving measures. If the director wishes an installment payment
contract to be exempted from Chapter 153. of the Revised Code, he
THE DIRECTOR shall proceed pursuant to section 156.03 of the Revised
Code.
(B) Any installment payment contract under this section
for one or more energy saving measures shall provide that all
payments, except payments for repairs and obligations on
termination of the contract prior to its expiration, are to be a
stated percentage of calculated savings of energy and operating
costs attributable to the one or more measures over a defined
period of time and are to be made only to the extent that such
THOSE savings actually occur. No such contract shall contain any of
the following:
(1) A requirement of any additional capital investment or
contribution of funds, other than funds available from state or
federal grants;
(2) In the case of a contract for an energy saving measure
that is a cogeneration system described in division (H) of
section 156.01 of the Revised Code, a PAYMENT term longer than five
years;
(3) In the case of a contract for any energy saving
measure that is not a cogeneration system, a PAYMENT term longer than
ten years.
(C) Any installment payment contract entered into under
this section shall terminate no later than the last day of the
fiscal biennium for which funds have been appropriated to the
department of administrative services by the general assembly and
shall be renewed in each succeeding fiscal biennium in which any
balance of the contract remains unpaid, provided that both an
appropriation for that succeeding fiscal biennium and the
certification required by section 126.07 of the Revised Code are
made.
Sec. 2716.03. (A) A SUBJECT TO THE LIMITATION ON THE COMMENCEMENT
OF PROCEEDINGS CONTAINED IN DIVISION (B) OF SECTION 124.10 OF THE
REVISED CODE, A proceeding in garnishment of personal
earnings may be commenced after a judgment has been obtained by a
judgment creditor by the filing of an affidavit in writing made
by the judgment creditor or the judgment creditor's agent or
the judgment creditor's attorney setting forth all of the following:
(1) The name of the judgment debtor whose personal
earnings the judgment creditor seeks to garnish;
(2) That the affiant has good reason to believe and does
believe that the person, partnership, or corporation named in the
affidavit as the garnishee is an employer of the judgment debtor
who has personal earnings of the judgment debtor that are not
exempt under section 2329.66 of the Revised Code;
(3) That the demand in writing, as required by section
2716.02 of the Revised Code, has been made;
(4) That the payment demanded in the notice required by
section 2716.02 of the Revised Code has not been
made, nor has a sufficient portion been made to prevent the
garnishment of personal earnings as described in section 2716.02
of the Revised Code;
(5) That THE affiant has no knowledge of any application by
the judgment debtor for the appointment of a trustee so as to
preclude the garnishment of THE judgment debtor's personal earnings;
(6) That the affiant has no knowledge that the debt to
which the affidavit pertains is the subject of a debt scheduling
agreement of such a nature that it precludes the garnishment of
the personal earnings of the judgment debtor under division (B)
of this section.
(B) No proceeding in garnishment of personal earnings
shall be brought against a judgment debtor sooner than thirty
days after the filing of the last successful proceeding in
garnishment of personal earnings against the judgment debtor,
regardless of who brings the proceeding or who brought the last
successful proceeding. No proceeding in garnishment of personal
earnings shall be brought against a judgment debtor for the
collection of a debt that is the subject of an agreement for debt
scheduling between the judgment debtor and a budget and
debt
counseling service, unless any payment to be made by the judgment
debtor, or by a budget and debt counseling service to
the
judgment creditor under the agreement for debt scheduling between
the judgment debtor and the budget and debt counseling
service,
is due and unpaid for more than forty-five days after the date on
which the payment became due, or unless the judgment creditor
previously was notified by the service that the debt scheduling
agreement between the judgment debtor and the service was
terminated.
(C) Upon the filing of a proceeding in garnishment of
personal earnings under this section, the garnishee and the
judgment debtor shall be notified of the proceeding in accordance
with sections 2716.05 and 2716.06 of the Revised Code.
(D) As used in this chapter:
(1) A "budget and debt counseling service" or
"service"
means a corporation organized under Chapter 1702. of the Revised
Code for the purpose of counseling consumers with respect to
their financial obligations and assisting them in dealing with
their creditors.
(2) "Debt scheduling" means counseling and assistance
provided to a consumer by a budget and debt counseling
service
under all of the following circumstances:
(a) The counseling and assistance is manifested in an
agreement between the consumer and the service under which the
consumer regularly pays that portion of the consumer's income to
the service
that has been determined not to be required for the maintenance
of health or the essentials of life;
(b) The payments are made to the service until the debts
of the consumer that are the subject of the agreement are fully
retired;
(c) The service has sent written notice, by certified
mail, return receipt requested, or by regular mail evidenced by a
properly completed and stamped certificate of mailing by regular
mail, to the creditors of the consumer that are disclosed by the
consumer to the service. The notice shall contain all of
the
following:
(i) A statement of the consumer's intent to participate in
debt scheduling;
(ii) A summary of the consumer's income, proposed itemized
budget, schedule of creditors, and proposed debt retirement plan;
(iii) A statement of the particular creditor's duty to
respond, in writing, to the service regarding the consumer's
participation in debt scheduling within fifteen days after
receiving the notice.
(d) The debts of the consumer that are the subject of the
agreement for debt scheduling are determined as follows:
(i) Any debt owed to a creditor that was notified of the
consumer's intent to participate is a subject of the agreement if
the creditor responds to the service and enters into an agreement
with the service, pursuant to which agreement the creditor agrees
not to attempt to collect the debts of the consumer as long as
the consumer regularly pays to the service the amount previously
agreed upon by the service and the consumer and no payment to be
made by the judgment debtor to the service or by the service to
the creditor is due and unpaid for more than forty-five days
after the date on which the payment became due, as long as the
debt scheduling agreement between the consumer and the service
has not been terminated, and as long as the service regularly
pays to the creditor a mutually acceptable amount, which amount
is either the amount agreed upon by the service and the creditor
on the date they entered into their original agreement or an
amount agreed upon by both the service and the creditor on a date
after the date of the original agreement;
(ii) Any debt owed to a creditor that was notified of the
consumer's intent to participate is a subject of the agreement if
the creditor does not respond to the service and state the
creditor's objection, in writing, to the consumer's participation
in debt scheduling within fifteen days after receiving notice of
the consumer's intention to do so; however, no debt that is
subject to a lien or security interest of any type, other than a
judgment lien or execution lien, shall be a subject of the
agreement unless the creditor specifically assents, in writing,
to the debt being a subject of the agreement. The creditor shall
be considered to have entered into an agreement of the type
described in division (D)(2)(d)(i) of this section, and the
amount to be regularly paid by the service to the creditor shall
be an amount determined to be reasonable by the service or an
amount agreed upon by both the service and the creditor on a date
after the expiration of the fifteen-day period.
(iii) Any debt owed to a creditor that was not notified of
the consumer's intent to participate, or a debt owed to a
creditor that was notified of the consumer's intent to
participate and that responded to the service and stated its
objection, in writing, to the consumer's participation in debt
scheduling within fifteen days after receiving notice of the
consumer's intention to do so is not a subject of the agreement.
(e) The service agrees that, if the consumer fails to make
a payment under the agreement within forty-five days of its due
date or if the agreement is terminated, the service will notify
each creditor that is owed a debt that is subject to the
agreement of the failure or termination by regular mail within
two business days of the failure or termination and the service
provides that notice in accordance with the agreement.
Sec. 4141.242. (A) On or after January 1, 1978, the
state, its instrumentalities, its political subdivisions and
their instrumentalities, and any subdivision thereof as defined
in division (H) of this section and described in this section as
public entities, shall pay to the administrator of the bureau of
employment services for deposit in the unemployment compensation
fund an amount in lieu of contributions equal to the full amount
of regular benefits, and the amount of extended benefits
chargeable under the terms of section 4141.301 of the Revised
Code, from that fund that is attributable to service in the
employ of the public entity, under the same terms and conditions
as required of nonprofit organizations electing reimbursing
status under section 4141.241 of the Revised Code; unless the
public entity elects to pay contributions under section 4141.25
of the Revised Code, under the following conditions:
(1) Any public entity may elect, after December 31, 1977,
to become liable for contribution payments, as set forth in
section 4141.25 of the Revised Code, for a period of not less
than two calendar years by filing with the administrator a
written notice of its election.
(2) The effective date of the election to pay
contributions shall be the first day of the first calendar
quarter after the election is approved by the administrator and
which is at least thirty days after the election notice was
received.
(B) No surety bond shall be required of any reimbursing
public entity, as is required of nonprofit organizations under
division (C) of section 4141.241 of the Revised Code. Any public
entity, either reimbursing or contributory, shall, if it becomes
delinquent in the payment of reimbursements, contributions,
forfeiture, or interest, be subject to the same terms and the
same collection procedures as are set forth for reimbursing
employers under division (B) of section 4141.241 of the Revised
Code; and as set forth for contributory employers under Chapter
4141. of the Revised Code THIS CHAPTER.
(C) The state of Ohio account and the
accounts AND SUBACCOUNTS of its
instrumentalities, as defined in divisions (H)(1)(a) and (1)(b)
of this section, shall be administered by the director of the
department of administrative services, in coordination with the
administrator in accordance with the terms and conditions of
Chapter 4141. of the Revised Code THIS CHAPTER, regarding the
determination
and payment of benefits attributable to service with the state or
its instrumentalities. In this capacity, the director of the
department of administrative services shall maintain any
necessary ACCOUNTS AND subaccounts for the various agencies and
departments of
the state and, through the director of the office of budget and
management, apportion among the various state entities, and
collect, the costs of unemployment benefits, as billed by the
bureau of employment services, EXCEPT THAT ANY OF THE INDIVIDUAL
AGENCIES AND DEPARTMENTS FOR WHICH SUCH ACCOUNTS AND SUBACCOUNTS ARE
MAINTAINED MAY, WITH THE CONCURRENCE OF THE DIRECTOR OF ADMINISTRATIVE
SERVICES AND THE ADMINISTRATOR, BE DESIGNATED TO RECEIVE BILLINGS DIRECTLY
FROM THE ADMINISTRATOR AND MAKE PAYMENT IN RESPONSE TO SUCH BILLINGS DIRECTLY
TO THE ADMINISTRATOR. The ANY moneys so PAID
DIRECTLY UNDER THIS DIVISION AND collected BY THE DIRECTOR OF
ADMINISTRATIVE SERVICES shall be
forwarded to the administrator for deposit in the fund
established by division (A) of section 4141.09 of the Revised
Code, and shall be credited to the accounts of the state and its
instrumentalities.
(D) The accounts of the various local subdivisions, and
their instrumentalities shall be administered by appropriate
officials, as designated to the administrator when the accounts
are established.
(E) Two or more reimbursing public entities may file a
joint application to the administrator for the establishment of a
group account, for the purpose of sharing the cost of benefits
attributable to service with the public entities, under the
conditions provided for nonprofit organizations under division
(D) of section 4141.241 of the Revised Code.
(F) Two or more public entities that have elected to pay
contributions may apply for a common rate under division (I) of
section 4141.24 of the Revised Code. Clear authority,
resolution, or ordinance for combining must be presented with the
application requesting the common rate status. Applications must
be filed by the first day of October of any year, to be effective
for the following calendar year.
(G) A public entity, either reimbursing or one electing to
pay contributions, shall be liable for the full amount of any
regular benefits paid that are attributable to service in the
employ of the public entity during the base period of a benefit
claim, and any extended benefits paid based on service as
provided in divisions (G)(1)(b) and (1)(c) of section 4141.301 of
the Revised Code. Where a public entity has changed from a
reimbursing status to a contributory status, during the base
period of the benefit claim, then the benefit charges
attributable to service with the reimbursement account shall be
charged to the reimbursement account; and, the charges
attributable to the contributory account shall be charged to that
account. The same rule shall be applicable to situations where a
contributory public entity has changed to a reimbursing status
during the base period of a benefit claim.
(H)(1) For the purposes of establishing employer status
and accounts for the state and its instrumentalities, its
political subdivisions and their instrumentalities, a separate
account shall be established and maintained for:
(a) The state, including therein the legislative and
executive branches, as defined in Articles II and III of the Ohio
constitution CONSTITUTION, and the Ohio supreme court;
(b) Each separate instrumentality of the state;
(c) Each political subdivision of the state, including
therein the legislative, executive, and judicial functions
performed for the subdivision;
(d) Each separate instrumentality of the political
subdivision;
(e) Any jointly owned instrumentality of more than one of
the public entities described in this division, or any jointly
owned instrumentality of any such public entities and one or more
other states or political subdivisions thereof.
(2) For the purposes of Chapter 4141. of the Revised Code THIS
CHAPTER,
the separate accounts, established by this division, shall be
described as "public entity accounts."
(I) The administrator, in accordance with any rules that
he THE ADMINISTRATOR may prescribe, shall notify each public
entity of any
determination which he THE ADMINISTRATOR may make of its status
as an employer and
of the effective date of any election which it makes and of any
termination of the election. Any determinations are subject to
reconsideration, appeal, and review in accordance with sections
4141.26 and 4141.28 of the Revised Code.
Sec. 5101.07. Each office, division, bureau, and
section authorized by section 5101.06
of the Revised Code shall consist of a chief and the officers and
employees necessary for the
performance of the functions assigned to it. The director of
human services shall supervise the work of each office,
division, bureau, and section and shall be
responsible for the determination of general policies in the
exercise of powers vested in the department and powers assigned
to each office, division, bureau, and section.
The chief of each office, division, bureau, and
section shall be
responsible to the director for the organization, direction, and
supervision of the work of the office, division,
bureau, or section and the exercise of the
powers and the performance of the duties of the department
assigned to such office, division, bureau, or
section, and, with the approval of the
director, may establish other administrative units
therein. The director shall appoint the chief of each office,
division, bureau, and section,
who, unless placed in the unclassified service under section 124.11
of the Revised Code, shall be in the classified service, and all other
employees of the department. The chief of each office,
division, bureau, and section shall be a person
who has had special training and experience in the type of work
with the performance of which the office, division,
bureau, or section is charged.
If the
director certifies that any such position can best be filled
under division (B)(A)(2) of section 124.30 of the Revised Code
or
without regard to residence of the appointee, the department of
administrative services shall be governed by such certification.
Each chief of an office, division, bureau, or
section, under the director of human services,
shall have entire executive charge of the office,
division, bureau, or section for which the
chief is appointed.
All employees holding positions in the classified service
within the department on June 30, 1966, shall continue to hold
such positions and this section does not affect their civil
service status.
Section 2. That existing sections 124.03, 124.09, 124.10, 124.11,
124.13, 124.134, 124.14, 124.15, 124.18, 124.181, 124.20,
124.25, 124.27, 124.30, 124.32, 124.323, 124.327, 124.34, 124.382, 124.383,
124.384, 124.385, 124.386,
124.387, 124.388, 124.82, 124.87, 124.92, 125.041, 125.12, 125.13, 125.21,
125.211,
125.48, 156.04, 2716.03, 4141.242, and 5101.07 and sections 124.139
and 124.312 of
the Revised Code
are hereby repealed.
Section 3. Sections 124.09, 124.14, and 124.27 of the Revised Code are
presented in
this act
as composites of the sections as amended by both
Am. Sub. H.B. 117 and Am. Sub. S.B. 99 of the 121st General Assembly, with the
new language of
neither of the acts shown in capital letters.
Section 125.13 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General Assembly, with the
new language of
neither of the acts shown in capital letters.
Section 125.48 of the Revised Code is presented in this act as a composite of
the section as amended by both Am. Sub. S.B. 99 and Am. Sub. S.B. 162 of the
121st General Assembly, with the new language of neither of the acts shown in
capital letters. Section 2716.03 of the Revised Code is presented in this act
as a composite of the section as amended by both Am. H.B. 193 and Am. Sub.
S.B. 150 of the 121st General Assembly, with the new language of neither of
the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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