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As Introduced
123rd General Assembly
Regular Session
1999-2000 | S. B. No. 210 |
SENATOR RAY
A BILL
To amend section 124.14 of the Revised Code to clarify the authority of the
boards of trustees
of, or officers designated by the boards of trustees of, state-supported
colleges or universities over decision-making related to
employees of these institutions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 124.14 of the Revised Code be amended to read as
follows:
Sec. 124.14. (A)(1) 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
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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)(1) 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.
(2) 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 FOR THE HEARING
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.
(F) With respect to officers and employees of
state-supported colleges and universities AND except for the powers
and duties of the state personnel board of review SET FORTH IN SECTION
124.03 of the Revised Code, the powers,
duties, and functions of the department of administrative
services and OF the director of administrative services specified in
this chapter are hereby vested in and assigned to the personnel
departments BOARDS OF TRUSTEES of such THOSE colleges
and universities, OR THOSE OFFICERS TO WHOM THE BOARDS OF TRUSTEES
HAVE DELEGATED THESE POWERS, DUTIES, AND FUNCTIONS, 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
IN EXERCISING THE POWERS, DUTIES, AND FUNCTIONS OF THE DIRECTOR, THE BOARDS
OF TRUSTEES OR THE OFFICERS TO WHOM THESE POWERS, DUTIES, AND FUNCTIONS WERE
DELEGATED NEED NOT ESTABLISH A JOB CLASSIFICATION PLAN FOR UNCLASSIFIED
EMPLOYEES AND MAY PROCEED UNDER SECTION 111.15 of the Revised Code WHEN EXERCISING THE
DIRECTOR'S RULE-MAKING AUTHORITY. THE ADOPTION, AMENDMENT, RESCISSION, AND
ENFORCEMENT OF RULES UNDER THIS DIVISION IS NOT SUBJECT TO APPROVAL,
DISAPPROVAL, OR MODIFICATION BY THE STATE PERSONNEL BOARD OF REVIEW.
UPON
the DIRECTOR'S determination or finding of the misuse or
nonuniform application BY THE BOARD OF TRUSTEES OF OR A DESIGNATED
OFFICER OF A STATE-SUPPORTED COLLEGE OR UNIVERSITY of this
THE authority granted to the personnel
department of such state-supported colleges and universities UNDER THIS
DIVISION, the
director shall order and direct the personnel functions of such
institution THAT STATE-SUPPORTED COLLEGE OR UNIVERSITY 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 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 for all intermittent,
interim, seasonal,
temporary, emergency, and casual employees who are not considered
public employees under section
4117.01 of the Revised
Code. Such employees are not entitled to receive employee
benefits. This rate of compensation
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.
Section 2. That existing section 124.14 of the Revised Code is hereby
repealed.
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