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As Reported by House Education Committee
123rd General Assembly
Regular Session
1999-2000 | Am. S. B. No. 210 |
SENATORS RAY-DRAKE-WATTS-SPADA-
REPRESENTATIVES HARTNETT-BENDER-BRADING-BARRETT
A BILL
To amend sections 124.14, 3341.02, and 3357.10 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; to change the date of appointment of
student trustees at Bowling Green State University from the seventeeth day of
March to the seventeenth day of May; and to eliminate the requirement for a
technical college district to select a depository for its funds in accordance
with the Uniform Depository Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.14, 3341.02, and 3357.10 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 job and family
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 job and family 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 job and family
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. NOTHING
IN THIS DIVISION SHALL BE CONSTRUED TO LIMIT THE RIGHT OF ANY CLASSIFIED
EMPLOYEE WHO POSSESSES THE RIGHT OF APPEAL TO THE STATE PERSONNEL BOARD OF
REVIEW TO CONTINUE TO POSSESS THAT RIGHT OF APPEAL.
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 job and family 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.
Sec. 3341.02. (A) The government of Bowling Green state
university is vested in a board of eleven trustees, who shall be
appointed by the governor, with the advice and consent of the
senate. Two of the trustees shall be students at Bowling Green
state university, and their selection and terms shall be in
accordance with division (B) of this section. A majority of the
board constitutes a quorum. Except for the terms of student
members, terms of office shall be for nine years, commencing on
the seventeenth day of May and ending on the sixteenth day of
May. No person who has served a full nine-year term or more than
six years of such a term shall be eligible for reappointment.
(B) The student members of the board of trustees of
Bowling Green state university have no voting power on the board.
Student members shall not be considered as members of the board
in determining whether a quorum is present. Student members
shall not be entitled to attend executive sessions of the board.
The student members of the board shall be appointed by the
governor, with the advice and consent of the senate, from a group
of five candidates selected pursuant to a procedure adopted by
the university's student governments and approved by the
university's board of trustees. The initial term of office of
one of the student members shall commence on March 17, 1988, and
shall expire on March 16, 1989, and the initial term of office of
the other student member shall commence on March 17, 1988, and
expire on March 16, 1990. Thereafter AFTER THE EFFECTIVE DATE OF
THIS AMENDMENT, terms OF OFFICE SHALL COMMENCE ON THE SEVENTEENTH DAY
OF MAY AND SHALL END ON THE SIXTEENTH DAY OF MAY. TERMS
of office of student
members shall be for two years, each term ending on the same day
of the same month of the year as the term it succeeds. In the
event that a student member cannot fulfill his THE STUDENT
MEMBER'S two-year term, a
replacement shall be selected in the manner used for the original
selection to fill the unexpired term.
(C) The government of Kent state university is vested in a
board of eleven trustees, who shall be appointed by the governor,
with the advice and consent of the senate. Two of the trustees
shall be students at Kent state university, and their selection
and terms shall be in accordance with division (D) of this
section. A majority of the board constitutes a quorum. Except
for the terms of student members, terms of office shall be for
nine years, commencing on the seventeenth day of May and ending
on the sixteenth day of May. No person who has served a full
nine-year term or more than six years of such a term shall be
eligible for reappointment.
(D) The student members of the board of trustees of Kent
state university have no voting power on the board. Student
members shall not be considered as members of the board in
determining whether a quorum is present. Student members shall
not be entitled to attend executive sessions of the board. The
student members of the board shall be appointed by the governor,
with the advice and consent of the senate, from a group of five
candidates selected pursuant to a procedure adopted by the
university's student governments and approved by the university's
board of trustees. The initial term of office of one of the
student members shall commence on May 17, 1988, and shall expire
on May 16, 1989, and the initial term of office of the other
student member shall commence on May 17, 1988, and expire on May
16, 1990. Thereafter, terms of office of student members shall
be for two years, each term ending on the same day of the same
month of the year as the term it succeeds. In the event that a
student member cannot fulfill his THE STUDENT MEMBER'S two-year
term, a replacement
shall be selected to fill the unexpired term in the same manner
used to make the original selection.
(E) The trustees shall receive no compensation for their
services but shall be paid their reasonable necessary expenses
while engaged in the discharge of their official duties.
(F) Each trustee shall hold office from the date of his
appointment until the end of the term for which he THE TRUSTEE
was appointed.
Any trustee appointed to fill a vacancy occurring prior to the
expiration of the term for which his THE TRUSTEE'S predecessor
was appointed
shall hold office for the remainder of such term. Any trustee
shall continue in office subsequent to the expiration date of his
THE TRUSTEE'S
term until his A successor takes office, or until a period of
sixty
days has elapsed, whichever occurs first.
Sec. 3357.10. The board of trustees of a technical college
district shall elect a treasurer, who is not a member of the
board, to serve at its pleasure. The treasurer may be the person
serving as secretary under section 3357.06 of the Revised Code.
The treasurer shall be the fiscal officer of the district and
shall receive and disburse all funds of the district under the
direction of the board. No contract of the board involving the
expenditure of money shall become effective until the treasurer
certifies that there are funds of the board otherwise
unappropriated sufficient to provide therefor.
When the treasurer of the district ceases to hold such
office, he THE TREASURER or his THE TREASURER'S
legal representatives shall deliver to the
board or to his THE TREASURER'S successor all moneys, books,
papers, and other
property of the district in his THE TREASURER'S possession as
treasurer. In case
of the death or incapacity of the treasurer, his THE TREASURER'S
legal
representatives shall, in like manner, deliver all moneys, books,
papers, and other property of the district to the board or to the
person named as his THE TREASURER'S successor.
Any ALL FUNDS UNDER THE CONTROL OF A board of trustees of a
technical college district may
select a depository for the funds of a district, REGARDLESS OF THE
SOURCE OF THE FUNDS, MAY BE DEPOSITED BY THE BOARD TO ITS CREDIT IN BANKS OR
TRUST COMPANIES DESIGNATED BY IT. THE BANKS OR TRUST COMPANIES SHALL FURNISH
SECURITY FOR EVERY DEPOSIT TO THE EXTENT AND in the manner
provided in SECTION 135.18 of the Revised Code, BUT NO DEPOSIT SHALL OTHERWISE BE SUBJECT
TO sections 135.01 to 135.21 of the Revised Code, upon
the adoption of a resolution declaring such intent. FUNDS DEPOSITED IN
A BANK OR TRUST COMPANY MAY BE DISBURSED BY THE BOARD OF TRUSTEES FOR THE USES
AND PURPOSES OF THE DISTRICT.
Section 2. That existing sections 124.14, 3341.02, and 3357.10 of the Revised
Code are hereby repealed.
Section 3. Any student member of the board of trustees of Bowling Green State
University appointed under the version of division (B) of section 3341.02 of
the Revised Code that existed prior to the effective date of this section
shall continue to hold the office of trustee until the sixteenth day of May of
the year in which that person's term would have expired under that version.
Any appointment of a student member of that board of trustees made after the
effective date of this section shall be in accordance with division (B) of
section 3341.02 as amended by this act.
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