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Sub. H. B. No. 187 As Reported by the Senate Insurance, Commerce and Labor CommitteeAs Reported by the Senate Insurance, Commerce and Labor Committee
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Buehrer, Uecker, Hagan, Gilb, Martin, Evans, D., Aslanides, Seaver, Schaffer, Daniels, Combs, Wagner, Blasdel, Blessing, Bubp, Calvert, Collier, Core, Dolan, Faber, Flowers, Gibbs, Hood, Law, Peterson, Raga, Raussen, Reidelbach, Reinhard, Schneider, Seitz, Setzer, Wagoner, Webster, White, D., White, J., Wolpert
Senators Wachtmann, Cates
A BILL
To amend sections 9.84, 119.12, 124.01, 124.03, 124.04,
124.07, 124.09,
124.11, 124.133, 124.134, 124.14, 124.15, 124.20, 124.22,
124.23, 124.26, 124.27, 124.271, 124.30, 124.31,
124.32,
124.321, 124.322, 124.323, 124.324, 124.325,
124.326,
124.327, 124.33, 124.34, 124.341, 124.38, 124.383, 124.384, 124.385,
124.386, 124.388,
124.40, 124.44, 124.45, 124.46,
124.48,
302.202, 325.19, 329.02, 329.021, 1513.03, 1513.34,
4111.03,
4112.01, 5107.52, 5119.09, 5155.03, and 5703.17, to enact
sections
124.12 and 124.141, and to repeal section 124.311 of the Revised Code to
implement
recommendations of the Civil Service
Review
Commission and to make other changes to the civil service laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.84, 119.12, 124.01, 124.03, 124.04,
124.07,
124.09, 124.11, 124.133, 124.134, 124.14, 124.15, 124.20, 124.22, 124.23,
124.26,
124.27, 124.271, 124.30, 124.31, 124.32, 124.321, 124.322, 124.323,
124.324, 124.325, 124.326, 124.327, 124.33, 124.34, 124.341, 124.38, 124.383, 124.384, 124.385, 124.386,
124.388, 124.40, 124.44, 124.45, 124.46, 124.48, 302.202,
325.19, 329.02, 329.021, 1513.03, 1513.34, 4111.03, 4112.01, 5107.52, 5119.09,
5155.03, and 5703.17 be amended and sections 124.12 and 124.141 of the Revised
Code be enacted to read as follows:
Sec. 9.84.
Any
Except as otherwise provided in this
section,
any person appearing as a witness before any public
official,
department, board, bureau, commission,
or agency, or
any
representative
thereof
of a public official, department, board,
bureau, commission, or agency, in
any administrative or executive
proceeding or investigation, public or
private, if
he
the witness
so requests, shall be permitted to be
accompanied, represented,
and advised by an attorney, whose participation
in the hearing
shall be
limited to the protection of the rights of the witness,
and who may not
examine or cross-examine witnesses, and the. The
witness shall be advised of
his
the
right to counsel before
he
the
witness is interrogated. This
section
shall
does not apply to
proceedings before a grand jury
or to an employee of an appointing
authority, as defined in section 124.01 of the Revised Code, who
appears only as a witness in an employment interview,
investigation, or proceeding conducted by or for the appointing
authority.
Sec. 119.12. Any party adversely affected by any order of
an
agency issued pursuant to an adjudication denying an applicant
admission to an examination, or denying the issuance or renewal
of
a license or registration of a licensee, or revoking or
suspending
a license, or allowing the payment of a forfeiture
under section
4301.252 of the Revised Code, may appeal from the
order of the
agency to the court of common pleas of the county in
which the
place of business of the licensee is located or the
county in
which the licensee is a resident, except that appeals
from
decisions of the liquor control commission,
the state medical
board, state chiropractic
board, and board of nursing shall be to
the court of common pleas
of Franklin county. If any
such party
appealing from the order
is not a resident of and
has no place of
business in this state,
the party may appeal
to the
court of
common pleas of Franklin
county. Any party adversely affected by any order of an agency
issued
pursuant to any other adjudication may appeal to the court
of
common pleas of Franklin county, except that appeals from
orders
of the fire marshal issued under Chapter 3737. of the
Revised Code
may be to the court of common pleas of the county in
which the
building of the aggrieved person is located
and except that
appeals under division (B) of section 124.34 of the Revised Code
from a decision of the state personnel board of review or a
municipal or civil service township civil service commission shall
be taken to the court of common pleas of the county in which the
appointing authority is located or, in the case of an appeal by
the department of rehabilitation and correction, to the court of
common pleas of Franklin county. This section does not apply to appeals from the department
of
taxation. Any party desiring to appeal shall file a notice of appeal
with the agency setting forth the order appealed from and the
grounds of the party's appeal. A copy of
such
the notice of
appeal
shall
also be filed by the appellant with the court.
Unless
otherwise
provided by law relating to a particular agency,
such
notices of
appeal shall be filed within fifteen days
after the
mailing of
the notice of the agency's order as provided
in this
section.
For purposes of this paragraph, an order
includes a
determination
appealed pursuant to division (C) of
section 119.092
of the
Revised Code. The filing of a notice of appeal shall not automatically
operate as a suspension of the order of an agency. If it appears
to the court that an unusual hardship to the appellant will
result
from the execution of the agency's order pending
determination of
the appeal, the court may grant a suspension and
fix its terms.
If
an appeal is taken from the judgment of the
court and the court
has previously granted a suspension of the
agency's order as
provided in this section,
such
the suspension of
the agency's
order
shall not be vacated and shall be given full
force and
effect
until the matter is finally adjudicated. No
renewal of a
license
or permit shall be denied by reason of
such
the
suspended
order during
the period of the appeal from the decision
of the
court of common
pleas. In the case of an appeal from the
state
medical board or
state chiropractic board, the
court may grant a
suspension and
fix its terms if it appears to the
court that an
unusual hardship
to the appellant will result from
the execution
of the agency's
order pending determination of the
appeal and the
health, safety,
and welfare of the public will not
be threatened
by suspension of
the order. This provision shall
not be construed
to limit the
factors the court may consider in
determining whether
to suspend
an order of any other agency
pending determination of
an appeal. The final order of adjudication may apply to any renewal of
a
license or permit which has been granted during the period of
the
appeal. Notwithstanding any other provision of this section, any
order issued by a court of common pleas or a court of appeals
suspending the
effect of
an order of the liquor control commission
issued pursuant to Chapter 4301. or
4303. of the Revised Code that
suspends,
revokes, or cancels a permit issued under Chapter 4303.
of the Revised Code,
or that allows the payment of a
forfeiture
under section 4301.252
of the Revised Code, shall terminate not
more than six months
after the date of the filing of the record of
the liquor control commission
with the clerk of the court
of
common pleas
and shall not be extended. The court of common
pleas, or the court of appeals
on appeal, shall render a judgment
in that matter within six months after the
date of the filing of
the record of the liquor control commission with the
clerk of the
court of common pleas. A court of appeals shall not issue an
order suspending the effect of an order of the liquor control
commission that
extends beyond six months after the date on which
the record of the liquor
control commission is filed with a court
of common pleas. Notwithstanding any other provision of this section, any
order issued by a court of common pleas suspending the effect of
an order of the state medical board or state chiropractic
board
that limits, revokes, suspends, places on probation, or
refuses to
register or reinstate a certificate issued by the
board or
reprimands the holder of
such a
the certificate shall
terminate
not
more than fifteen months after the date of the
filing of a
notice
of appeal in the court of common pleas, or
upon the
rendering of a
final decision or order in the appeal by
the court
of common
pleas, whichever occurs first. Within thirty days after receipt of a notice of appeal from
an order in any case in which a hearing is required by sections
119.01 to 119.13 of the Revised Code, the agency shall prepare
and
certify to the court a complete record of the proceedings in
the
case. Failure of the agency to comply within the time
allowed,
upon motion, shall cause the court to enter a finding in
favor of
the party adversely affected. Additional time, however,
may be
granted by the court, not to exceed thirty days, when it
is shown
that the agency has made substantial effort to comply.
Such
The
record shall be prepared and transcribed, and the expense of
it
shall be taxed as a part of the costs on the appeal. The
appellant shall provide security for costs satisfactory to the
court of common pleas. Upon demand by any interested party, the
agency shall furnish at the cost of the party requesting it a
copy
of the stenographic report of testimony offered and evidence
submitted at any hearing and a copy of the complete record. Notwithstanding any other provision of this section, any
party desiring to appeal an order or decision of the state
personnel board of review shall, at the time of filing a notice
of
appeal with the board, provide a security deposit in an amount
and
manner prescribed in rules that the board shall adopt in
accordance with this chapter. In addition, the board is not
required to prepare or transcribe the record of any of its
proceedings unless the appellant has provided the deposit
described above. The failure of the board to prepare or
transcribe a record for an appellant who has not provided a
security deposit shall not cause a court to enter a finding
adverse to the board. Unless otherwise provided by law, in the hearing of the
appeal, the court is confined to the record as certified to it by
the agency. Unless otherwise provided by law, the court may
grant
a request for the admission of additional evidence when
satisfied
that
such
the additional evidence is newly discovered and
could
not
with reasonable diligence have been ascertained prior
to the
hearing before the agency. The court shall conduct a hearing on
such
the appeal and
shall
give preference to all proceedings under sections 119.01 to
119.13
of the Revised Code, over all other civil cases,
irrespective of
the position of the proceedings on the calendar
of
the court. An
appeal from an order of the state medical board
issued pursuant to
division (G) of either
section 4730.25 or
4731.22 of the Revised
Code, or the state
chiropractic board
issued pursuant to section
4734.37 of the Revised Code, or the
liquor control commission
issued
pursuant to Chapter 4301. or
4303. of the Revised Code
shall be set down for
hearing at the
earliest possible time and
takes precedence over
all other
actions. The hearing in the court
of common pleas
shall proceed
as in the trial of a civil action,
and the court
shall determine
the rights of the parties in
accordance with the
laws applicable
to such a civil action. At
such
the
hearing, counsel may be
heard on oral
argument, briefs may be
submitted, and evidence
may be introduced if the
court has granted a
request for the
presentation of additional
evidence. The court may affirm the order of the agency complained of
in
the appeal if it finds, upon consideration of the entire
record
and
such
any additional evidence
as the court has admitted,
that
the
order is supported by reliable, probative, and
substantial
evidence and is in accordance with law. In the
absence of
such a
this
finding, it may reverse, vacate, or modify the
order or make
such
other ruling as is supported by reliable,
probative, and
substantial evidence and is in accordance with
law. The court
shall award compensation for fees in accordance
with section
2335.39 of the Revised Code to a prevailing party,
other than an
agency, in an appeal filed pursuant to this
section. The judgment of the court shall be final and conclusive
unless reversed, vacated, or modified on appeal.
Such
These
appeals
may
be taken either by the party or the agency, shall
proceed as
in
the case of appeals in civil actions, and shall be
pursuant to
the
Rules of Appellate Procedure and, to the extent
not in
conflict
with those rules, Chapter 2505. of the Revised
Code.
Such
An appeal
by the agency shall be taken on questions of
law
relating to the
constitutionality, construction, or
interpretation of statutes and
rules of the agency, and, in
such
the
appeal, the court may also review
and determine the
correctness of
the judgment of the court of
common pleas that the
order of the
agency is not supported by any
reliable, probative,
and
substantial evidence in the entire
record. The court shall certify its judgment to
such
the agency or
take
such
any other action necessary to give its judgment effect.
Sec. 124.01. As Except as otherwise provided in this chapter, as used in Chapter 124. of the Revised Code this chapter: (A) "Civil service" includes all offices and positions of
trust or employment in the service of the state and in the service of the counties,
cities, city health districts, general health districts, and city
school districts thereof of the state. (B) "State service" includes all such offices and
positions in the service of the state, and the counties, and general
health districts thereof, except of the state. "State service" does not include offices and positions in the service of the cities, city health
districts, and city school districts of the state. (C) "Classified service" means the competitive classified
civil service of the state, the several counties, cities, city
health districts, general health districts, and city school districts
thereof of the state, and civil service townships. (D) "Appointing authority" means the officer, commission,
board, or body having the power of appointment to, or removal
from, positions in any office, department, commission, board, or
institution. (E) "Commission" means the municipal civil service
commission of any city, except that, when in reference to the
commission that serves a city school district, "commission" means
the civil service commission determined under section 124.011 of
the Revised Code. (F) "Employee" means any person holding a position subject
to appointment, removal, promotion, or reduction by an appointing
officer. (G) "Civil service township" means any township with a
population of ten thousand or more persons residing within the
township and outside any municipal corporation, which has a
police or fire department of ten or more full-time paid
employees, and which has a civil service commission established
under division (B) of section 124.40 of the Revised Code. (H) "Flexible hours employee" means an employee who may
work more or less than eight hours on any given day so long as he
the employee works forty hours in the same week. (I) "Classification series" means any group of
classification titles that have the identical name but different
numerical designations, or identical titles except for designated
levels of supervision, except for those classification series
established by the director of administrative services in
accordance with division (A) of section 124.14 of the Revised
Code. (J) "Classification change" means a change in an
employee's classification in the job classification plan.
(K) "Service of the state" or "civil service of the state" includes all offices and positions of trust or employment with the government of the state. "Service of the state" and "civil service of the state" do not include offices and positions of trust or employment with state-supported colleges and universities, counties, cities, city health districts, city school districts, general health districts, and civil service townships of the state.
Sec. 124.03. (A) The state personnel board of review shall
exercise the following powers and perform the following duties: (A)(1) 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 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
(D) of section 124.14 of the Revised Code. As used in this
division, "discharge" includes 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. The mere failure of an employee's appointing authority to
file a statement with the department of administrative services
indicating that the employee is in the unclassified civil service,
or the mere late filing of such a statement, does not prevent the
board from determining that the employee is in the unclassified
civil service. In determining whether an employee is in the
unclassified civil service, the board shall consider the inherent
nature of
the duties of the employee's classification during the
two-year
period immediately preceding the appointing authority's
appealable action relating to the employee. 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 as long
as the person does not receive any compensation from the employee
for the representation. (B)(2) 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
that 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)(3) 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)(4) 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)(5) Maintain a journal that 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)(6) Adopt rules in accordance with Chapter 119. of the
Revised Code relating to the procedure of the board in
administering the laws 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)(1) and (B)(2) of this
section;
(G)(7) 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 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)(B) 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
producing an administrative record.
Sec. 124.04. In addition to those powers enumerated in
Chapters 123. and 125. of the Revised Code and as provided
elsewhere by law, the powers, duties, and functions of the
department of administrative services not specifically vested in
and assigned to, or to be performed by, the state personnel board
of review are hereby vested in and assigned to, and shall be
performed by, the director of administrative services. These
powers, duties, and functions shall include, but shall not be
limited to, the following powers, duties, and functions: (A) To prepare, conduct, and grade all competitive
examinations for positions in the classified state service;
(B) To prepare, conduct, and grade all noncompetitive
examinations for positions in the classified state service; (C) To prepare eligible lists containing the names of
persons qualified for appointment to positions in the classified
state service; (D) To prepare or amend, in accordance with section 124.14
of the Revised Code, specifications descriptive of duties,
responsibilities, requirements, and desirable qualifications of
the various classifications of positions in the state service; (E) To allocate and reallocate, upon the motion of the
director or upon request of an appointing authority and in
accordance with section 124.14 of the Revised Code, any position,
office, or employment in the state service to the appropriate
classification on the basis of the duties, responsibilities,
requirements, and qualifications of
that position, office, or
employment; (F) To develop and conduct personnel recruitment services
for positions in the state service; (G) To conduct research on specifications, classifications,
and salaries of positions in the state service; (H) To develop and conduct personnel training programs,
including supervisory training programs and best practices plans,
and to develop merit hiring processes, in
cooperation with
appointing authorities; (I) To include periodically in communications sent to state
employees
both of the following: (1) Information developed under section 2108.15 of the
Revised Code promoting the donation of anatomical gifts under
Chapter 2108. of the Revised Code;
(2) Information about the liver or kidney donor and bone
marrow donor
leave granted under section 124.139 of the Revised
Code. (J) To enter into agreements with universities and colleges
for in-service training of
personnel
officers and employees in the
civil service
and to assist appointing authorities in recruiting
qualified applicants; (K) To appoint
examiners, inspectors, clerks, and other
assistants
necessary in the exercise of the powers and
performance of the duties and functions which the director is by
law authorized and required to exercise and perform, and to
prescribe the duties of all
of those employees; (L) To maintain a journal, which shall be open to public
inspection, in which the director shall keep a record of the
director's final decision pertaining to the classification or
reclassification of positions in the state classified civil service of the state and
assignment or reassignment of employees in the state classified civil
service of the state to specific position classifications; (M) To delegate any of the powers, functions, or duties
granted or assigned to the director under this chapter to any
other state agency of this state as the director considers
necessary; (N) To delegate any of the powers, functions, or duties
granted or assigned to the director under this chapter to any
political subdivision with the concurrence of the legislative
authority of the political subdivision.
Sec. 124.07. (A) The director of administrative services shall
appoint examiners, inspectors, clerks, and other assistants
as necessary to carry out sections 124.01 to 124.64 of the
Revised Code. The director may designate persons in or out of
the official service of the state to serve as examiners or
assistants under the director's direction. An examiner or
assistant shall
receive the compensation for each day actually and necessarily
spent in the discharge of duties as an examiner
or assistant that the director determines; provided that, if the
examiner or assistant is in the official service of the state or
any political subdivision of the state, it shall be a
part of the
examiner's or assistant's official duties to render those services in
connection with an examination without extra compensation. (B) Each state agency and each state-supported college or
university shall pay the cost of the services and facilities
furnished to it by the department of administrative services that
are necessary to provide and maintain payroll services as
prescribed in section 125.21 of the Revised Code and state merit
standards as prescribed in sections 124.01 to 124.64 of the
Revised Code for the agency or state-supported college or university. If a state-supported college or university or a
municipal corporation chooses to use the services and facilities
furnished by the department that are necessary to provide and
maintain the services and standards so prescribed, the state-supported college or university or municipal corporation
shall pay the cost of the services and facilities that the
department furnishes to it. The charges against a state agency, a
state-supported college or university, or a municipal corporation shall be
computed on a reasonable cost basis in accordance with procedures
prescribed by the director of budget and management. Any moneys
the department receives from a
state agency, a state-supported college or university, or a municipal corporation under this division that
are in excess of the amount necessary to pay the cost of
furnishing the department's services and facilities during any fiscal year
shall be either refunded to or credited for the ensuing fiscal
year to the state agency, the state-supported college or university, or the municipal
corporation. (C) The director of administrative services may enter into an
agreement with any municipal corporation or other political
subdivision to furnish services and facilities of the department
in the administration of a merit
program or other functions related to human resources. The agreement shall provide that the department shall be reimbursed
for the reasonable
costs of those services and facilities as determined by the
director. (D) All moneys received by the department as reimbursement for payroll and, merit program, or other human resources services
performed and facilities furnished under this section shall be paid into the state
treasury to the credit of the human resources services
fund, which is hereby created. (E) In counties of the state in which are located cities having
municipal civil service commissions, the director of administrative services may designate
the municipal civil service commission of the largest city within
the county as the director's agent for the purpose of
carrying out the
provisions of sections 124.01 to 124.64 of the Revised Code,
within the county, that the director designates. Each municipal
civil service commission designated as an agent of the director
shall render to the director, at the end of each month, an itemized statement of the cost incurred by the commission for work
done as the agent of the director, and the director, after
approving that statement, shall pay the total amount of it to
the
treasurer of the municipal corporation in the same manner as
other expenses of the department of administrative services. (F) The director of administrative services and the examiners, inspectors, clerks, and assistants referred to in this section
shall receive, in addition to their salaries, reimbursement for
necessary traveling and other expenses incurred in
the actual discharge of their official duties. The director may
also incur the necessary expenses for stationery, printing, and
other supplies incident to the business of the department.
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 of those records, except examinations, proficiency assessments,
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 of those records, whenever the governor has reason to believe
that this chapter, or the administrative rules of the director prescribed
under this chapter, are being violated. (C) Prepare, continue, and keep in the office of the
department of administrative services a complete roster of all persons in the classified
civil service of the state who are paid directly by warrant of the director of budget and management. This
roster shall be open to public inspection at all
reasonable hours. It shall show in reference to each of
those persons, the person's name, address, date of
appointment to or employment in the classified civil service of the state,
and salary or compensation, the title of the place
or office that the person holds, the nature of the duties
of that place or office, and, in case of
the person's removal or resignation, the date of
the termination of 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 of administrative services prescribed under this chapter. In
the course of those 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 of the state 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 of the board, 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 of the board, 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
of the court of common pleas of any county, where the disobedience, failure, or refusal occurs,
upon application of the director or the board, or any member
of the board, or a municipal or civil service township civil service
commission, or any commissioner of such a commission, 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 the court or a refusal to testify in the court. (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 to the rules 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. The reports
shall be printed for public distribution under the same
regulations as are the reports of other state officers, boards,
or commissions.
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
of the state 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 those offices; (2) All election officers as defined in section 3501.01 of
the Revised Code; (3)(a) 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 (b) The heads of all departments appointed by a board of
county commissioners; (c) 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; 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 not more than five deputy county auditors; (5) All officers and employees elected or appointed by
either or both branches of the general assembly, and
employees of the city legislative authority 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, four clerical and
administrative support employees for each board of county
commissioners and one such employee for each county commissioner, and three four 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 job and
family 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 this state, or medical assistants, in mental 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 job and family 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 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; (32) Employees placed in the unclassified service by another
section of the Revised Code. (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 of the state, 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 a
civil service township police or fire department 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
of the state, and, upon the creation by the board of trustees of a
civil service township of a township civil service commission, all
positions in a civil service township police or fire department
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 for positions in service of the state shall be filled
by appointment from lists of applicants registered by the
director or a commission, as applicable. Vacancies in the labor class for all other positions shall be filled by appointment from lists of applicants registered by a commission. The director or the commission, as applicable, by rule, shall
require
an applicant for registration in the labor class to furnish
evidence or take tests as the director or commission 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 that
evidence or in those 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 or commission, as applicable,
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 director of budget and management
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. An employee's right to resume a position in the classified service may only be exercised when an appointing authority demotes the employee to a pay range lower than the employee's current pay range or revokes the employee's appointment to the unclassified service. An employee forfeits the right to resume a position in the classified service when the employee is removed from the position in the unclassified service due to incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of this chapter or the rules of the director of administrative services, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony. An employee also forfeits the right to resume a position in the classified service upon transfer to a different agency. 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. 124.12. (A) Within ninety days after an appointing
authority appoints an employee to an unclassified position in the service of the state, the appointing authority shall notify the
department of administrative services of that appointment. (B) On the date an appointing authority appoints an employee to an unclassified position in the state service, the appointing authority shall provide the employee with written information describing the nature of employment in the unclassified civil service. Within thirty days after the date an appointing authority appoints
an employee to an unclassified position in the state service, the
appointing authority shall provide the employee with written
information describing the duties of that position. Failure of the appointing authority to
provide the written information described in this division to the employee does not confer
any additional rights upon the employee in any appellate body with jurisdiction over an appeal of the employee. (C) The department shall develop and provide each appointing authority in
the state service with a general written description of the
nature of employment in the unclassified civil service that shall
be provided to employees under division (B) of this section.
Sec. 124.133. The director of administrative services may establish, by rule
adopted under Chapter 119. of the Revised Code, an experimental program to be
implemented on a limited basis only which grants to employees in the service of the state vacation leave,
sick leave, disability leave, personal leave, life insurance, or medical
insurance benefits that differ from these benefits as granted by sections
124.13, 124.134, 124.382, 124.385, 124.386, 124.81, and 124.82 of the Revised
Code. However, this program shall not reduce the number of hours of vacation
leave, sick leave, or personal leave which an employee has accrued as of the
effective date of the rule.
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.
Vacation leave is not available for use until it appears on the employee's earning statement and the compensation described in the earning statement is available to the employee. (B) 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 Any excess leave shall be eliminated from the employees'
leave balance. If an employee's vacation leave credit is 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 the
vacation leave the
employee was denied, 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 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 shall retain the
accrued and unused vacation leave. In
case of the death of an employee, such the 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)(1) The director of administrative services
shall establish, and may modify or repeal rescind, 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 each position in the class, 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 they are 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 six months. 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 director of budget and management. The 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 of administrative services 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 these 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 The 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, in accordance with rules in accordance with adopted under Chapter 119. of the Revised Code for the establishment of, shall establish, and may modify or rescind, 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: (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 a hearing on the proposed rule. The appointing authorities shall
notify the affected employees regarding the proposed rule. The
director also shall also
send such those appointing authorities notice of any final rule which
that 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 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, the 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)(1) 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 Division (E)(1) of this section do
does 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 boards of trustees
of 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.
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 by the board of
trustees of or a designated
officer of a state-supported college or university of
the authority granted under this
division, the
director shall order and direct the personnel functions of that
state-supported college or university until
sections 124.01 to 124.64 of the Revised Code
have been fully complied with (1) Notwithstanding any contrary provision of sections 124.01 to 124.64
of the Revised Code, the board of trustees of each state university or college, as defined in section 3345.12 of the Revised Code,
shall carry out all matters of governance involving the officers
and employees of the university or college, including, but not
limited to, the powers, duties, and functions of the department of
administrative services and the director of administrative services specified in this
chapter. Officers and employees of a state university or college shall have the right of appeal to the state personnel board of review as provided in this chapter.
(2) Each board of trustees shall adopt rules under section
111.15 of the Revised Code to carry out the matters of governance
described in division (F)(1) of this section. Until the board of
trustees adopts those rules, a state university or college shall
continue to operate pursuant to the applicable rules adopted by
the director of administrative services under this chapter. (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)(a) Each board of county commissioners may, by a
resolution adopted by a majority of its members, may 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 The board of county commissioners shall deliver a certified copy of the resolution to the director of administrative services not later than ten working days after the resolution is adopted, and the director shall inform the board in a writing sent by certified mail of the date of receipt of the copy of the resolution. (b) Upon the director's receipt of a the copy of the resolution by the
board to the director, these, the powers, duties, and functions are
referred to in division (G)(2)(a) of this section that may be exercised shall be 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 (c) 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. (d) 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 of administrative services as described in division
(G)(2) of this section, any elected official, board, agency, or
other appointing authority of that county may, upon written notification
to the director, may elect to use the services and facilities of the
county personnel department. Upon the acceptance by the director
of such that written 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. The director shall inform the elected official, board, agency, or other appointing authority in a writing sent by certified mail of the date of acceptance of that written notification. 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 When at least two years have passed since the creation of a county personnel department, a board of county commissioners that has
established a county personnel department may, by a resolution
adopted by a majority of its members, may 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 shall deliver a certified copy of the resolution to the director of administrative services not later than ten working days after the resolution is adopted, and the director shall inform the board in a writing sent by certified mail of the date of receipt of the copy of the resolution. Upon the director's receipt of the copy of the resolution, 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 When at least two years have passed since electing to use the services and facilities of a county personnel department, an 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 of administrative services a certified copy of the
resolution that states its decision. All to return to the department of administrative services' jurisdiction, and the director shall inform the elected official, board, agency, or appointing authority in a writing sent by certified mail of the date of receipt of the copy of the resolution. Upon the director's receipt of the copy of the resolution, 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 of administrative services, 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 are performed. (e) The dissemination of audit findings under division
(G)(5)(6)(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 of administrative services shall establish the rate and method of
compensation for all employees who are paid directly by warrant
of the director of budget and management and who are serving in positions which
that the director of administrative services 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 in the service of the state who are not considered
public employees under section
4117.01 of the Revised
Code. Such Those 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. 124.141. The director of administrative services may establish, by rule adopted under Chapter 119. of the Revised Code, an appointment incentive program that allows an appointing authority to pay to an officer
or employee described in division (A)(30) of section 124.11,
division (B)(2) of section 124.14, or division (B) of section
126.32 of the Revised Code a salary and benefits package that
differs from the salary and benefits otherwise provided by law for
that officer or employee, provided that the appointment incentive program established by the director cannot include authority for an appointing authority to provide health care benefits to a covered officer or employee that are different from health care benefits otherwise provided by law for that officer or employee.
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: 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 |
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 in the service of the state, the actual costs or fair market value of the
personal services 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 those personal
services shall not be
considered as a part of the employee's compensation. An
appointing authority that appoints employees in the service of the state, 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 of them. The director of administrative services may review
collective bargaining agreements entered into under Chapter 4117.
of the Revised Code that cover state employees in the service of the state and determine
whether certain benefits or payments provided to state the employees
covered by those agreements should also be provided to employees in the service of the state 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 of these employees any payment or
benefit, except for
salary, contained in such a collective bargaining agreement even if
it is similar to a
payment or benefit already provided by law to some or all of these
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
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
employee to whom the benefit or payment is to be provided. As used in this division, "payment or benefit already
provided by
law" includes, but is not limited to,
bereavement,
personal, vacation, administrative, and
sick leave, disability benefits, holiday pay, and pay
supplements provided under the Revised Code,
but does not include wages or salary. (E) New employees paid in accordance with schedule B of division
(A) of this section or 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, 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. 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 eligibility 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)(1) Except as provided in division (G)(2) of this section, each state employee paid in accordance with schedule B of
this section or schedule E-1 of section 124.152 of the
Revised Code shall be eligible for advancement to
succeeding steps in the range
for the employee's class or grade 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. Each employee paid in accordance with schedule E-1 of section 124.152 of the Revised
Code shall be eligible to advance to the next higher step until
the employee reaches the top step in the range for the employee's class or grade, if the employee has
maintained satisfactory performance in accordance with criteria
established by the employee's appointing authority. Those step advancements
shall not occur more frequently than once in any twelve-month period. 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 advancements are received by employees paid in accordance with
schedule E-1 of section 124.152 of the Revised Code. (2)(a)(i) Except as provided in division (G)(2)(a)(ii) of this section, there shall be a moratorium on step advancements under division (G)(1) of this section from the pay period beginning June 29, 2003, through the pay period ending June 25, 2005. Step advancements shall resume with the pay period beginning June 26, 2005. Upon the resumption of step advancements, there shall be no retroactive step advancements for the period the moratorium was in effect. The moratorium shall not affect an employee's performance evaluation schedule. (ii) During the moratorium under division (G)(2)(a)(i) of this section, an employee who is hired or promoted and serves a probationary period in the employee's new position shall advance to the next step in the employee's pay range upon successful completion of the employee's probationary period. Thereafter, the employee is subject to the moratorium. (b) The moratorium under division (G)(2)(a)(i) of this section shall apply to the employees of the secretary of state, the auditor of state, the treasurer of state, and the attorney general, who are subject to this section unless the secretary of state, the auditor of state, the treasurer of state, or the attorney general decides to exempt the office's employees from the moratorium and so notifies the director of administrative services in writing on or before July 1, 2003.
(H) Employees in appointive managerial or professional
positions paid in accordance with schedule C of this section or 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 that 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 advancements as provided by division (G) of
this section and for the purpose of determining eligibility for
longevity pay supplements as provided by division (E) 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 that 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 of administrative services shall establish the
employee's compensation and adjust the maximum leave accrual
schedule as the director deems equitable.
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 in and
examinations and registrations for offices and positions in the civil service of the state. Except as otherwise provided in this
division, appointing Appointing authorities with officers or employees in the civil service of the state 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)(B) For maintaining and keeping records of the efficiency
of officers and employees in the civil service of the state in accordance with sections 124.01 to
124.64 of the Revised Code.
Due notice of the contents of such those rules and of all changes
therein shall be given to appointing authorities affected by such those
rules, and such those rules also shall also be printed available for public
distribution.
Sec. 124.22. No rules or regulations shall be made setting up Rules establishing educational
requirements as a condition of taking a civil service examination except in shall only be adopted with
respect to professional and other positions for which such educational requirements are
expressly imposed by statute a section of the Revised Code or federal requirements and to the extent of the
requirements so imposed, except for such positions where education and
training are necessary to the performance of a specific job or professional
pursuit or for which the director determines that the educational requirements are job-related. An applicant for a civil service examination must be a United States
citizen or have legally declared his the intention of becoming a
United States citizen.
Sec. 124.23. (A) All applicants for positions and places
in
the classified service shall be subject to examination, except
for
applicants for positions as professional or certified service
and
paraprofessional employees of county boards of mental
retardation
and developmental disabilities, who shall be hired in
the manner
provided in section 124.241 of the Revised Code. (B) Any examination administered under this section shall be
public, and be open to all citizens of the United States and those
persons who have legally declared their intentions of becoming
United States citizens, within certain limitations to be
determined by the director of administrative services, as to
citizenship,
age, experience, education, health,
habit,
and moral character; provided any soldier, sailor, marine,
coast
guarder, 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, including 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,. Any person who has completed service in the uniformed
services, who has been honorably discharged therefrom from the uniformed services or
transferred
to the reserve with evidence of satisfactory service,
and who is a
resident of Ohio, this state may file with the director of administrative
services a
certificate of service or honorable discharge,
whereupon and, upon this filing, the
person shall
receive additional credit of twenty per
cent of the person's
total grade given in the regular examination
in which the person receives a
passing grade. Such As used in this division, "service in the
uniformed services" and "uniformed services" have the same
meanings as in the "Uniformed Services Employment and Reemployment
Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4303. (C) An examination
may include an evaluation of such
factors as education, training,
capacity, knowledge, manual
dexterity, and physical or
psychological fitness. Examinations An examination
shall consist of one or more
tests in any combination. Tests may
be written, oral, physical,
demonstration of skill, or an
evaluation of training and
experiences and shall be designed to
fairly test the relative
capacity of the persons examined to
discharge the particular
duties of the position for which
appointment is sought. Where Tests may include structured interviews, assessment centers, work simulations, examinations of knowledge, skills, and abilities, and any other acceptable testing methods. If
minimum or maximum requirements are
established for any
examination, they shall be specified in the
examination
announcement. (D) The director of administrative services shall have control of
all
examinations, except
as otherwise provided in sections 124.01
to 124.64 of the Revised
Code. No questions in any examination
shall relate to political
or religious opinions or affiliations.
No credit for seniority,
efficiency, or any other reason shall be
added to an applicant's
examination grade unless the applicant
achieves at least the
minimum passing grade on the examination
without counting such
that extra credit. (E) Except as otherwise provided in sections 124.01 to 124.64
of
the Revised Code, the director of administrative services shall
give reasonable notice
of the time, place, and general scope of
every competitive examination for appointment to a position in
the
civil service. The director of
administrative services shall send
written, printed, or electronic notices
of
every examination of to be conducted in
the state classified service to each agency of the type
the
director of job and family services specifies and, in the case of
a county
in which no such agency is located, to the clerk of the
court of common pleas
of
that county and to the clerk of each city
of located within
that county. Such Those notices,
promptly upon receipt, shall be
posted in conspicuous
public places in the designated agencies
and or
the courthouse, and city hall of the
cities, of the counties in
which no such designated agency is located. Such
notices shall be posted for at least two weeks preceding any examination involved, and in
a conspicuous place in the office of
the director of
administrative services for at least two weeks before preceding
any
examination involved. In case of examinations limited by the director
of
administrative services to a district, county, city, or
department,
the director
of administrative services shall provide
by rule for adequate publicity
of such examinations an examination in the
district, county, city, or department within which
competition is
permitted.
Sec. 124.26. (A) Except as provided in divisions (B) and
(C)
of this section, from
From the returns of the examinations, the
director of administrative services shall prepare an eligible
list
of the persons whose general average standing upon
examinations
for
such
the grade or class is not less than the minimum
fixed by
the rules of the director, and who are otherwise
eligible; and
such. Those persons shall take rank upon the eligible list
as
candidates in the order of their relative excellence as
determined
by the examination without reference to priority of
the time of
examination.
In the event
If two or more applicants
receive the
same mark in an open competitive examination,
priority in the time
of filing the application with the director
shall determine the
order in which their names shall be placed on
the eligible list;
provided,
except that applicants eligible for
veteran's preference
under section 124.23 of the Revised Code
shall receive priority in
rank on the eligible list over
nonveterans on the list with a
rating equal to that of the
veteran. Ties among veterans shall be
decided by priority of
filing the application.
In the event of
If
two or more applicants
receiving
receive the same mark on a
promotional examination, seniority
shall determine the order in
which their names shall be placed on
the eligible list. The term
of eligibility of each list shall be
fixed by the director at not
less than one nor or more than two
years.
When When an eligible list is reduced to ten names or less,
a new
list may be prepared. The director may consolidate two or
more
eligible lists of the same kind by the rearranging of
eligibles
named
therein
in the lists, according to their grades. (B) A person serving as a provisional employee who
passes an
examination, given for the department in which he is employed, for
the class or grade in which the person holds the position shall be
appointed
as a certified employee in the position before the
director of
administrative services prepares an eligible list.
Sec. 124.27. (A) 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, except
that the director
may certify less than ten names if
ten names are not available.
When less than 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. (B) The appointing authority shall notify the director of
such a
position in the classified service to be filled, and the appointing authority shall
fill such the vacant 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 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 a 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
who is 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 that appointing authority,
provided that
certification for a temporary appointment shall not
be counted as
one of such those certifications. Every soldier, sailor,
marine, coast
guarder, 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, person who qualifies for veteran's
preference under section 124.23 of the Revised Code, who
is a resident of this state,
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 its
civil divisions thereof, over all other
persons eligible for such those
appointments and standing on the relevant eligible list
therefor, with a rating
equal to that of each such the person qualifying for veteran's preference.
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
those sections, shall be made only
from those persons whose names
are certified to the appointing
authority, and no employment,
except as provided in those
sections, shall be otherwise given in
the classified service of
this state or any political subdivision
of the state. (C) 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 and except for original appointments to a police
department as a
police officer, or to a fire department
as a firefighter which
shall be for a probationary
period of one year, and no. 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. If the appointing
authority's
decision is authority decides to
remove the appointee a probationary employee in the service of the state, the appointing authority's
communication to the director authority shall
indicate communicate to the director the reason for that
decision. A
probationary employee duly removed or reduced in
position for unsatisfactory
service does not have the right to
appeal the removal or reduction under
section 124.34 of the
Revised Code.
Sec. 124.271. Any employee in the classified service of the
state or any
county, city, city health district, general health district, or
city school
district who is appointed provisionally to fill a vacancy and who position under section 124.30 of the Revised Code, and either demonstrates merit and fitness for the position by successfully completing the probationary period for the position or
remains in provisional status in the same classification or classification
series position for a period of two years six months of
continuous service, during which period no competitive
examination is held, becomes whichever period is longer, shall become a permanent appointee in the classified service
at the
conclusion of such two-year that period.
Sec. 124.30. (A) Positions in the classified service may be
filled without competition as follows: (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
its request, a list of
persons eligible for appointment to
such
the position after a
competitive examination, the appointing authority may
nominate a
person to the director for
fill the position by 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
job and family services and in
the
department of
job and family 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 A temporary 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. Except as otherwise provided in this division, the temporary appointment may not continue longer than
thirty
one hundred twenty days, and in no case shall
successive temporary
appointments be made.
Interim or A temporary
appointments, made appointment longer than one hundred twenty days may be made if necessary by reason
of sickness, disability,
or other approved leave of absence of
regular officers or
employees shall, in which case it may continue only during
such
the
period of sickness,
disability, or other approved leave of
absence, subject to
the rules
to be provided for by
of the
director. (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
this 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
those
qualities, the director may suspend the provisions of sections
124.01 to 124.64 of the Revised Code, requiring
that require
competition in
such
this special case, but no suspension shall be
general in its application,
and all. All such cases of suspension
shall be reported in the annual
report of the director with the
reasons for
the
each suspension. The director
shall suspend the
provisions when the director of job and family services
provides
the
director certification under section 5101.051 of the Revised
Code that a
position with the department of job and family
services can best be filled if
the provisions are suspended. (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 person of
a temporary
appointment shall not affect the person's standing on the
register
eligible list for permanent
employment;
appointment, 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. 124.31. (A) Vacancies in positions in the classified
service shall be filled insofar as practicable by promotions.
The
director of administrative services shall provide in the
director's rules for keeping a record of efficiency for each
employee in
the classified civil service of the state,
and for making promotions in
the classified civil
service of the state on the basis of merit, to be ascertained
as
far
insofar as
practicable by promotional examinations, by conduct
and capacity
in office, and by seniority in service, and. The
director shall provide that
vacancies in positions in the classified civil service of the state shall be filled by promotion
in all cases where, in the
judgment of the director, it is for the
best interest of the
service.
The director's rules shall authorize
each appointing authority of a county to develop and administer in
a manner it devises, an evaluation system for the employees it
appoints. (B) All examinations for promotions shall be competitive
and
may be conducted in the same manner as examinations
described in
section 124.23 of the Revised Code. In promotional examinations,
seniority in service shall be added to the examination grade, but
no credit for seniority or any other reason shall be
added to an
examination grade unless the applicant achieves at
least the
minimum passing score on the examination without
counting
such
that extra credit. Credit for seniority shall equal,
for the
first four years of service, one per cent of the total
grade
attainable in the promotion examination, and, for each of
the
fifth through fourteenth years of service, six-tenths per
cent of
the total grade attainable. In all cases where vacancies are to be filled by promotion,
the director shall certify to the appointing authority
only the
names of the
three persons
having the highest rating
on the
eligible list. The method
of examination for promotions, the
manner of giving notice
thereof
of the examination, and the rules
governing
the same
it shall be in general the
same as those
provided for original examinations, except as
otherwise provided
in sections 124.01 to 124.64 of the Revised
Code.
Sec. 124.32. (A) With the consent of the director of
administrative services, a 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 as follows: (1) From
an office or
position in one class to an office or position in
another class,
nor shall a person be transferred to; (2) 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 those
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 the person proposed to be transferred. No person in the classified civil service of the state may be transferred without the consent of the director of administrative services. (B) Any person holding an office or position under in the
classified service who has been separated from the service
without
delinquency or misconduct on the person's part may,
with the
consent of the director, be reinstated within one year from the
date of such that separation to a vacancy in the same or similar
office
or in a similar position in the same department; provided, except that a person in the classified service of the state only may be reinstated with the consent of the director of administrative services. But, if such that
separation
is due to injury or physical or psychiatric disability, such the person
shall be
reinstated to in the same office held or in a similar position to that
held at the time
of separation, within thirty days after
written application for
reinstatement and after passing, if the person passes a
physical or psychiatric examination made by a
licensed physician,
a
physician assistant, a
clinical nurse
specialist, a certified
nurse practitioner, or a
certified
nurse-midwife
showing that the
person has recovered from
such the injury or physical or psychiatric
disability,
provided further that
such if the application for
reinstatement be is filed
within three two years
from the date of
separation, and further
provided that such if the
application shall is not
be filed after the date
of service
eligibility retirement.
The
physician, physician assistant,
clinical nurse
specialist,
certified nurse
practitioner, or
certified nurse-midwife shall be
designated by
the appointing
authority and shall complete any
written documentation of the
physical or psychiatric examination.
Sec. 124.321. (A) Whenever it becomes necessary for an
appointing authority to reduce its work force, the appointing
authority shall lay off employees or abolish their positions in
accordance with sections 124.321 to 124.327 of the Revised Code
and the rules of the director of administrative services. (B)(1) Employees may be laid off as a result of a lack of
funds within an appointing authority. For appointing authorities
that employ persons whose salary or wage is paid by warrant of
the director of budget and management, the director of budget and management shall
be responsible for determining, consistent with the rules adopted under division (B)(3) of this section, whether a lack of funds exists.
For appointing authorities that employ persons whose
salary or wage is paid other than by warrant of the director of budget and management, the appointing authority itself shall determine whether a
lack of funds exists and shall file a statement of rationale and
supporting documentation with the director of administrative
services prior to sending the layoff notice. (2) As used in this division, a "lack of funds" means an appointing authority has a current
or projected deficiency of funding to maintain current, or to
sustain projected, levels of staffing and operations. This
section does not require any transfer of money between funds in
order to offset a deficiency or projected deficiency of federal
funding for a program programs funded by the federal government, special revenue accounts, or proprietary accounts. Whenever a
program receives funding through a grant or similar mechanism, a
lack of funds shall be presumed for the positions assigned to and
the employees who work under the grant or similar mechanism if,
for any reason, the funding is reduced or withdrawn. (3) The director of budget and management shall adopt
rules, under Chapter 119. of the Revised Code, for agencies whose
employees are paid by warrant of the director of budget and management, for
determining whether a lack of funds exists. (C)(1) Employees may be laid off as a result of lack of work
within an appointing authority. For appointing authorities whose
employees are paid by warrant of the director of budget and management, the
director of administrative services shall determine, consistent with the rules adopted under division (F) of this section, whether a
lack of work exists. All other appointing authorities shall
themselves determine whether a lack of work exists and shall file
a statement of rationale and supporting documentation with the
director of administrative services prior to sending the layoff notice. (2) As used in this division, a "lack of work" means an appointing
authority has a current or projected temporary decrease in the
workload, expected to last less than one year, that requires a
reduction of current or projected staffing levels in its organization or structure. The
determination of a lack of work shall indicate the current or
projected temporary decrease in the workload of an appointing
authority and whether the current or projected staffing levels of
the appointing authority will be excessive. (D)(1) Employees may be laid off as a result of abolishment
of positions. As used in this division, "abolishment" means the deletion of a
position or positions from the organization or structure of an
appointing authority. For purposes of this division, an appointing authority may abolish positions for any one or any combination of the following reasons: as a
result of a reorganization for the efficient operation of the
appointing authority, for reasons of economy, or for lack of
work. (2)(a) Reasons of economy permitting an appointing authority to abolish a position and to lay off the holder of that position under this division shall be determined at the time the appointing authority proposes to abolish the position. The reasons of economy shall be based on the appointing authority's estimated amount of savings with respect to salary, benefits, and other matters associated with the abolishment of the position, except that the reasons of economy associated with the position's abolishment instead may be based on the appointing authority's estimated amount of savings with respect to salary and benefits only, if:
(i) Either the appointing authority's operating appropriation has been reduced by an executive or legislative action, or the appointing authority has a current or projected deficiency in funding to maintain current or projected levels of staffing and operations; and
(ii) It In the case of a position in the service of the state, it files a notice of the position's abolishment with the director of administrative services within one year of the occurrence of the applicable circumstance described in division (D)(2)(a)(i) of this section.
(b) The following principles apply when a circumstance described in division (D)(2)(a)(i) of this section would serve to authorize an appointing authority to abolish a position and to lay off the holder of the position under this division based on the appointing authority's estimated amount of savings with respect to salary and benefits only: (i) The position's abolishment shall be done in good faith and not as a subterfuge for discipline. (ii) If a circumstance affects a specific program only, the appointing authority only may abolish a position within that program.
(iii) If a circumstance does not affect a specific program only, the appointing authority may identify a position that it considers appropriate for abolishment based on the reasons of economy. (3) Each appointing authority shall
determine itself whether any position should be abolished and. An appointing authority abolishing any position in the service of the state shall file
a statement of rationale and supporting documentation with the
director of administrative services prior to sending the notice
of abolishment. If an abolishment results in a reduction of the
work force, the appointing authority shall follow the procedures
for laying off employees, subject to the following modifications: (a) The employee whose position has been abolished shall
have the right to fill an available vacancy within the employee's
classification. (b) If the employee whose position has been abolished has
more retention points than any other employee serving in the same
classification, the employee with the fewest retention
points shall be displaced. (c) If the employee whose position has been abolished has
the fewest retention points in the classification, the employee
shall have the right to fill an available vacancy in a lower
classification in the classification series. (d) If the employee whose position has been abolished has
the fewest retention points in the classification, the employee
shall displace the employee with the fewest retention points in
the next or successively lower classification in the
classification series. (E) Notwithstanding any contrary provision of the displacement procedure described in
section 124.324 of the Revised Code for employees to displace
other employees during a layoff, the director of
administrative services or a county appointing authority may establish a paper lay-off process under
which employees who are to be laid off or displaced may be required, before the date of
their paper layoff, to preselect their options for displacing other employees. (F) The director of administrative services shall
adopt rules under Chapter 119. of the Revised Code for the
determination of lack of work within an appointing authority, for
the abolishment of positions by an appointing authority, and for
the implementation of this section.
Sec. 124.322. Whenever a reduction in the work force is
necessary, the appointing authority of an agency shall decide in
which classification or classifications the layoff or layoffs
will
occur and the number of employees to be laid off within each
affected classification. The director of administrative services
shall
promulgate
adopt rules, under Chapter 119. of the Revised
Code, establishing a
method for determining layoff procedures and
an order of layoff
of, and the
displacement and recall of, laid-off
state and county employees. The The order
of layoff in those rules shall be based in part on
length of service and, may include efficiency in
service,
appointment type, or
such
similar other factors
the director
considers appropriate. If the director establishes relative
efficiency as a criterion to be used in determining order of
layoff for state
and county employees, credit for efficiency may
be other than ten per cent of
total retention points.
Sec. 124.323. (A) Employees shall be laid off in the
order
set forth in this section within the primary appointment
categories of part-time
probationary, part-time permanent,
seasonal, and
full-time
probationary, and
other appointment
categories as established by the
director of administrative
services
full-time permanent.
Whenever (B) Whenever a reduction in force is necessary within each
of the primary appointment categories, first
seasonal
part-time
probationary, then part-time
permanent,
and then full-time
probationary, 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. 124.324. (A) A laid-off employee has the right to
displace the employee with the fewest retention points in the
classification from which the employee was laid off or in a lower
or equivalent classification, in the following order: (1) Within the classification from which the employee was
laid off; (2) Within the classification series from which the
employee was laid off; (3) Within a classification that has the same or similar
duties as the classification from which the employee was laid
off, in accordance with the list published by the director of administrative services under
division (B)(2) of section 124.311 of the Revised Code; (4) Within the classification the employee held
immediately prior to holding the classification from which the
employee was laid off.
Divisions (A)(3) and (4) of this section shall not apply to
employees of cities, city health districts, and counties, except
for employees of county departments of job and family
services.
A laid-off employee in the classified service has the right
to displace an employee with the fewest retention points in the
classification that the laid-off employee held immediately prior
to holding the classification from which the employee was
laid off, if the
laid-off employee was certified in the former classification. If
a position in that classification does not exist, the
employee may displace employees in the classification that the
employee
next previously held, and so on, subject to the same provisions.
The, except that the employee may not displace employees in a classification if
the employee does not meet the minimum qualifications of the
classification or if the employee last held the classification more
than five three years prior to the date on which the employee was laid
off, except that failure to meet minimum qualifications shall not
prevent the employee from displacing employees in the
classification that the employee next previously held within
that five-year
period.
If, after exercising displacement rights, an employee is
subject to further layoff action, the employee's
displacement rights shall
be in accordance with the classification from which the
employee was first laid off. The director of administrative services shall verify the calculation of the retention
points of all employees in an affected classification in
accordance with section 124.325 of the Revised Code. (B) Following the order of layoff, an employee laid off in
the classified civil service shall displace another employee
within the same appointing authority or independent institution
and layoff jurisdiction in the following manner: (1) Each laid-off employee possessing more retention
points shall displace the employee with the fewest retention
points in the next lower classification or successively lower
classification in the same classification series, except that a
laid-off provisional employee shall not have the right to
displace a certified employee. (2) Any employee displaced by an employee possessing more
retention points shall displace the employee with the fewest
retention points in the next lower classification or successively
lower classification in the same classification series, except
that a displaced provisional employee shall not displace a
certified employee. This process shall continue, if necessary,
until the employee with the fewest retention points in the lowest
classification of the classification series of the same
appointing authority or independent institution has been reached
and, if necessary, laid off. (C) Employees shall notify the appointing authority of
their intention to exercise their displacement rights, within
five days after receiving notice of layoff. This division does not apply if the director of administrative services has established a paper lay-off process pursuant to division (E) of section 124.321 of the Revised Code that includes a different notification requirement for employees exercising their displacement rights under that process. (D) No employee shall displace an employee for whose
position or classification there exists special are certain position-specific minimum
qualifications, as established by a position description, by
classification specifications the appointing authority and reviewed for validity by the department of administrative services, or as established by bona fide occupational
qualification, unless the employee desiring to displace another
employee possesses the requisite position-specific minimum qualifications for the
position or classification. (E) If an employee exercising displacement rights must
displace an employee in another county within the same layoff
district, the displacement shall not be construed to be a
transfer. (F) The director of administrative services shall
adopt rules under Chapter 119. of the Revised Code for the
implementation of this section.
Sec. 124.325. (A) Retention points to reflect the length
of
continuous service and efficiency in service for all employees
affected by a layoff shall be verified by the director of
administrative services. (B) An employee's length of continuous service will be
carried from one layoff jurisdiction to another so long as no
break in service occurs between such transfers or appointments. (C) Retention points for efficiency in service shall be
determined by averaging the employee's latest two annual
performance evaluations. An employee with less than two years of
service will have the latest performance evaluation used. Any
employees with less than one year of service will have their
final
probationary evaluation used.
(D) Should (C) If two or more employees have an identical number
of
retention points, employees having the shortest period of
continuous service shall be laid off first.
(E)(D)(1) As used in this division,
"affected employee" means
a
city employee who becomes a county employee, or a county
employee
who becomes a city employee, as the result of any of the
following:
(a) The merger of a city and a county office; (b) The merger of city and county functions or duties; (c) The transfer of functions or duties between a city and
county. (2) For purposes of this section, the new employer of any
affected employee shall treat the employee's prior service with
such a former employer as if it had been served with the new
employer. (F)(E) The director of administrative services shall promulgate adopt rules, in accordance
with
Chapter 119. of the Revised Code, to establish a system for
the
assignment of retention points for each employee in a
classification affected by a layoff and for determining, in those
instances where employees have identical retention points, which
employee shall be laid off first.
Sec. 124.326. (A) The order of layoff and displacement
shall apply within layoff jurisdictions. Each of the layoff
jurisdictions, as defined in this section, is autonomous, and
layoff, displacement, reinstatement, and
reemployment procedures
shall apply only within the jurisdiction
affected by the layoff. (B) The layoff jurisdictions are as follows: (1)
District layoff
jurisdiction: the order of layoff
shall
be
followed
on a district-wide basis within each state
agency,
board,
commission, or independent institution. The
director of
administrative services shall establish layoff
districts for state
agencies, boards, and commissions. (2) County jurisdiction: within county agencies, the
order
of layoff shall be followed within each county appointing
authority. (3) University and college jurisdiction: each
state-supported college and university is a separate, indivisible
layoff jurisdiction throughout which the order of layoff shall be
followed, except that a branch campus outside the layoff district
of its main campus shall be considered a separate layoff
jurisdiction. For purposes of division (B)(3) of this section,
the Ohio agriculture research and development center shall be
considered a branch campus of the Ohio state university. The layoff jurisdiction described in division (B)(3) of
this
section shall not apply to employees who: (a) Are laid off for a temporary period of up to one
hundred
ten consecutive days; or (b) Have specialized skills, knowledge, or training
necessary for the performance of their job. A state-supported college or university may adopt rules
pursuant to Chapter 119. of the Revised Code to provide for the
layoff of employees who are
not subject to the lay-off jurisdiction
described in division (B)(3) of this section but instead are
subject to
the lay-off jurisdiction described in division (B)(1) of
this section. (C) As used in this section, "independent institution"
means
an institution under the control of a managing officer or
board of
trustees with the power to appoint or remove employees
as
provided
by statute.
Sec. 124.327. (A) Employees who have been laid off or
have,
by virtue of exercising their
displacement 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 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 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. For an exempt employee, as defined in section 124.152 of the
Revised Code, who has reinstatement rights into a bargaining unit
classification, the exempt employee's recall jurisdiction shall be
the counties in which the exempt employee indicates willingness to
accept reinstatement as determined by the applicable collective bargaining agreement. (C) Each laid-off or displaced employee, in addition to
reinstatement rights within the employee's appointing authority,
shall have has the right to reemployment with any other agencies within
the layoff jurisdiction state agency, board, commission, or independent institution described in division (B)(1) of section 124.326 of the Revised Code, if the employee is qualified to perform
the
duties of the position meets all applicable
position-specific minimum qualifications
developed by the other
agency, board, commission, or independent
institution and reviewed
for validity by the department of
administrative services or, in the absence of position-specific minimum qualifications so developed and reviewed, meets the qualifications described in the applicable classification, 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 other jurisdiction 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 for the jurisdiction in which the employee accepted or declined that reemployment as determined under division (C) of this section. (F) An employee who does not exercise 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 Except as otherwise provided in this division, 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 is 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. This division does not apply when an employee, who was a full-time employee at the time of layoff or displacement, declines reinstatement in a part-time position. (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 director of budget and management
shall be placed on layoff lists of their appointing
authority
only.
Sec. 124.33. An employee holding a position in the
classified service of the state may be temporarily transferred
from his the employee's original position to a similar position,
for a period
not to exceed thirty days, or for a longer period not to exceed
ninety days if agreed to by the employee and employer. No employee shall be temporarily transferred more than once
during any six-month period without the approval of the director
of administrative services, who, if the employee is in the service of the state, or otherwise without the approval of a commission. The director, by rule, shall set
guidelines in his rules
and regulations concerning procedures to be followed by all
appointing authorities when making a temporary transfer and list
those classifications where the nature of the employment is such
that systematic changes in the location of an employee's work
assignments are necessary for the efficient operation of an
office, department, or institution. If the director or a commission approves a second temporary transfer within
any six-month period and the employee objects to the transfer
because he the employee does not hold a position listed in the
director's rules and regulations as one requiring systematic changes in
the
employee's work assignment or because it is not necessary for the
efficient operation of the office, department, or institution,
the employee may appeal such that transfer to the state personnel
board of review. If the board finds that the position held by
the employee is not by its nature subject to systematic changes
or that a temporary transfer is not necessary for the efficient
operation of the office, department, or institution, it shall not
approve the transfer. If the board finds that the temporary
transfer is necessary for the efficient operation of the office,
department, or institution or that the position is by its nature
subject to systematic changes, it shall approve the transfer. Any employee who is temporarily transferred from his the
employee's original position to a similar position in excess of twenty
miles
from his the employee's place of residence shall be reimbursed,
by the
appointing authority requesting the transfer, for all actual and
necessary expenses incurred during such the temporary transfer. An appointing authority may, with the approval of the
director of administrative services, if the employee is in the service of the state, or otherwise with the approval of a commission, may permanently transfer an
employee in the classified civil service of the state from his the
employee's original position to a similar position in another office,
department, or
institution. For purposes of this section, a "permanent transfer
is" means any transfer in excess of thirty days unless the employee and
the employer agree to a longer period not to exceed ninety days.
The appointing authority requesting the permanent transfer shall
notify the employee and the director or commission in writing of the request to
transfer. If the director or commission determines that the transfer is not
necessary for the efficient operation of the office, department,
or institution, he the director or commission shall not approve the transfer
and shall
notify the appointing authority and the employee in writing that
transfer is not approved. If he the director or commission finds that the
transfer is
necessary for the efficient operation of the office, department,
or institution, he the director or commission shall notify the appointing
authority and the
employee involved in the request for transfer, in writing, that
the transfer is approved, including in such that notification a
statement whether the transfer will require a permanent change of
residence for the employee. If the employee consents to the transfer and is in
agreement with the director's statement concerning a permanent
change of residence, the appointing authority of the office,
department, or institution receiving the employee shall reimburse
such the employee for his actual and necessary travel and living
expenses or, if the move requires a permanent change of
residence, his actual and necessary expenses of moving to his
the new location and provide a per diem allowance not to exceed thirty days for
living expenses until his the employee's residence can be moved
to the new
location. If the employee does not wish to be transferred or he feels
that the director's decision regarding the need for a permanent
change of residence has been unfair, he may the employee, within
ten days after
receipt of such the notice, may appeal the transfer to the state personnel
board of review, but, pending determination of such the appeal, the employee shall
not refuse such the transfer. In such an appeal, the appointing authority of the office,
department, or institution receiving the employee shall be
required to show that the permanent transfer is necessary for the
efficient operation of the office, department, or institution.
If the state personnel board of review finds that the transfer is
necessary for the efficient operation of the office, department,
or institution, and if the employee is transferred, the appointing
authority of the office, department, or institution receiving the
employee shall reimburse such the employee for the actual and
necessary expenses of moving to his the new location and shall
pay
the employee a per diem allowance not to exceed thirty days for
living expenses until his the employee's residence can be moved
to the new
location. If the state personnel board of review finds that the
transfer is not necessary for the efficient operation of the
office, department, or institution, and if the employee has moved
to the new location pending his the appeal, the appointing
authority
of the receiving office, department, or institution shall pay the
actual and necessary expenses of the employee of moving to the
new location and actual and necessary expenses for returning the
employee to his the employee's previous location.
Sec. 124.34. (A) The tenure of every officer or employee in
the classified service of the state and the counties, civil
service townships, cities, city health districts, general health
districts, and city school districts of the state, holding a
position
under this chapter, shall be during good
behavior and
efficient service. No
such officer
or employee shall be reduced
in pay or position, fined, suspended, or removed,
or have the
officer's or employee's longevity reduced or eliminated,
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 any policy or work rule of the officer's or employee's appointing authority, violation of this chapter or the rules of the
director of administrative services or the commission, any
other
failure of good behavior, any other acts of misfeasance,
malfeasance, or nonfeasance in office, or conviction of a
felony.
An
The denial of a one-time pay supplement or a bonus to an
officer or employee is not a reduction in pay for purposes of this
section. 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
The
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. Conviction of a felony is a separate basis for reducing in
pay or
position, suspending, or removing an officer or employee,
even if the officer
or employee has already been reduced in pay or
position, suspended, or removed
for the same conduct that is the
basis of the felony. An officer or employee
may not appeal to the
state
personnel board of review or the commission any disciplinary
action taken by
an appointing authority as a result of the
officer's or employee's conviction
of a felony. If an officer or
employee removed under this section is
reinstated as a result of
an appeal of the removal, any conviction of a felony
that occurs
during the pendency of the appeal is a basis for
further
disciplinary action under this section upon the officer's or
employee's reinstatement. A person convicted of a felony immediately forfeits the
person's status as
a classified employee
in any public employment
on and after the date of
the conviction
for the felony. If an
officer or employee is removed under this section as a
result of
being convicted of a felony or is subsequently convicted of a
felony
that involves the same conduct that was the basis for the
removal, the officer
or employee is barred from receiving any
compensation after the removal
notwithstanding any modification or
disaffirmance of the removal, unless the
conviction for the felony
is subsequently reversed or
annulled. Any person removed for conviction of a felony is entitled to
a cash payment
for any accrued but unused sick, personal, and
vacation leave as authorized by
law. If subsequently reemployed
in the public sector,
such
the person shall
qualify for and accrue
these forms of leave in the manner specified by law for
a newly
appointed employee and shall not be credited with prior public
service
for the purpose of receiving these forms of leave. As used in this division, "felony" means any of the
following: (1) A felony that is an offense of violence as defined in
section 2901.01
of the Revised Code; (2) A felony that is a felony drug abuse offense as defined
in section
2925.01 of the Revised Code; (3) A felony under the laws of this or any other state or
the
United States that is a crime of moral turpitude; (4) A felony involving dishonesty, fraud, or theft; (5) A felony that is a violation of section 2921.05,
2921.32, or 2921.42
of the Revised Code. (B) In case of a reduction,
a suspension of forty or more
work hours in the case of an employee exempt from the payment of
overtime compensation, a suspension of
more than
three
working
days
twenty-four or more work hours in the case of an employee
required to
be paid overtime compensation,
a fine of forty or more
hours'
pay in the case of an employee exempt from the payment of
overtime
compensation, a fine
in excess of
three days'
twenty-four
or more hours'
pay
in the case of an employee required to be paid
overtime
compensation, or
removal, except for the reduction or
removal of a
probationary
employee, the
appointing authority shall
serve the
employee with a copy of the order of reduction, fine,
suspension,
or removal, which order shall state the reasons for
the
action.
The
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 date on which the order
is
served 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, except as
otherwise
provided in this
section, may
file an
appeal of the
order in writing with the
state personnel
board of
review or the
commission. For purposes of
this section,
the date
on which an
order is served is the date of hand
delivery
of the
order or the
date of delivery of
the order by certified
United
States mail,
whichever occurs
first. If
such an appeal is
filed,
the board or
commission shall forthwith notify the
appointing
authority
and
shall hear, or appoint a trial board to
hear, the
appeal within
thirty
days from and after its filing with
the board
or
commission, and it. The board, commission, or trial board may
affirm, disaffirm, or modify
the
judgment of the appointing
authority.
However, in an appeal of a removal order based upon a
violation of a last chance agreement, the board, commission, or
trial board may only determine if the employee violated the
agreement and thus affirm or disaffirm 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, and any such appeal shall be to the
court of common pleas of
the
county in which the
employee resides
in accordance with the
procedure
appointing authority is
located,
or to the court of common pleas of Franklin county, as provided by
section
119.12 of the Revised Code. (C) 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, who is in the classified
civil service, the appointing authority
shall
furnish
such
the
chief or member
of a department with a copy
of the
order of
suspension, fine, demotion, or removal, which
order
shall
state
the reasons for the action.
The order shall be
filed with the
municipal or civil service township civil service
commission.
Within ten days following the filing of the order,
such
the chief
or
member
of a department may file an appeal, in
writing, with the
municipal or civil service township civil
service commission. If
such an
appeal is filed, the commission
shall
forthwith notify the
appointing authority and shall hear, or
appoint a
trial board to
hear, the 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
the city or civil service
township is situated.
Such
The
appeal
shall be taken within thirty
days from the finding of the
commission. (D) A violation of division (A)(7) of section 2907.03 of the
Revised
Code is grounds for termination of employment of a
nonteaching employee under
this section. (E) As used in this section, "last chance agreement" means an
agreement signed by both an appointing authority and an officer or
employee of the appointing authority that describes the type of
behavior or circumstances that, if it occurs, will automatically
lead to removal of the officer or employee without the right of
appeal to the state personnel board of review or the appropriate
commission.
Sec. 124.341. (A) If
a state
an employee in the classified
or unclassified civil service becomes aware in the course of
his
employment of a violation of state or federal statutes, rules, or
regulations or the misuse of public resources, and the employee's
supervisor or appointing authority has authority to correct the
violation or misuse, the employee may file a written report
identifying the violation or misuse with
his
the supervisor or
appointing authority. If the employee reasonably believes that a violation or
misuse of public resources is a criminal offense, the employee,
in
addition to or instead of filing a written report with the
supervisor or appointing authority, may report it to a
prosecuting
attorney, director of law, village solicitor, or
similar chief
legal officer of a municipal corporation, to a
peace officer, as
defined in section 2935.01 of the Revised Code,
or, if the
violation or misuse of public resources is within the
jurisdiction
of the inspector general, to the inspector general
in accordance
with section 121.46 of the Revised Code. In
addition to that
report, if the employee reasonably believes the
violation or
misuse is also a violation of Chapter 102., section
2921.42, or
section 2921.43 of the Revised Code,
the employee may report it to
the
appropriate ethics commission. (B) Except as otherwise provided in division (C) of this
section, no
state officer or
state employee
in the classified or
unclassified civil service shall take any
disciplinary action
against
a state
an employee
in the classified or unclassified
civil service for making any
report authorized by division (A) of
this section, including,
without limitation, doing any of the
following: (1) Removing or suspending the employee from employment; (2) Withholding from the employee salary increases or
employee benefits to which the employee is otherwise entitled; (3) Transferring or reassigning the employee; (4) Denying the employee promotion that otherwise would
have
been received; (5) Reducing the employee in pay or position. (C)
A state
An employee
in the classified or unclassified
civil service shall make a reasonable effort to
determine the
accuracy of any information reported under division
(A) of this
section. The employee is subject to disciplinary
action,
including suspension or removal, as determined by the
employee's
appointing authority, for purposely, knowingly, or
recklessly
reporting false information under division (A) of this
section. (D) If an appointing authority takes any disciplinary or
retaliatory action against a classified or unclassified employee
as a result of the employee's having filed a report under
division
(A) of this section, the employee's sole and exclusive
remedy,
notwithstanding any other provision of law, is to file an
appeal
with the state personnel board of review within thirty
days after
receiving actual notice of the appointing authority's
action. If
the employee files such an appeal, the board shall
immediately
notify the employee's appointing authority and shall
hear the
appeal. The board may affirm or disaffirm the action of
the
appointing authority or may issue any other order as is
appropriate. The order of the board is appealable in accordance
with
the provisions of Chapter 119. of the Revised Code. (E) As used in this section: (1) "Purposely," "knowingly," and "recklessly" have the
same
meanings as in section 2901.22 of the Revised Code;. (2) "Appropriate ethics commission" has the same meaning
as
in section 102.01 of the Revised Code. (3) "Inspector general" means the inspector general
appointed under section 121.48 of the Revised Code.
Sec. 124.38. Each of the following shall be entitled for
each completed eighty hours of service to sick leave of four and
six-tenths hours with pay: (A) Employees in the various offices of the county,
municipal, and civil service township service, other than
superintendents and management employees, as defined in section
5126.20 of the Revised Code, of county boards of mental
retardation and developmental disabilities; (B) Employees of any state college or university; (C) Employees of any board of education for whom sick
leave is not provided by section 3319.141 of the Revised Code. Employees may use sick leave, upon approval of the responsible
administrative officer of the employing unit, for absence due to
personal illness, pregnancy, injury, exposure to contagious
disease that could be communicated to other
employees, and
illness, injury, or death in the employee's immediate family.
Unused sick leave shall be cumulative without limit. When sick
leave is used, it shall be deducted from the employee's credit on
the basis of one hour for every one hour of absence from
previously scheduled work. The previously accumulated sick leave
of an employee who has been separated from the public service
shall be placed to the employee's credit upon
the employee's re-employment in the
public service, provided that such the re-employment takes place
within ten years of the date on which the employee was last
terminated from public service. This ten-year period shall be tolled for any period during which the employee holds elective public office, whether by election or by appointment. 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. The appointing authorities of the various offices of the county service may
permit all or any part of a person's accrued but unused sick leave acquired
during service with any regional council of government established in
accordance with Chapter 167. of the Revised Code to be credited to the employee upon
a transfer as if the employee were transferring from one public agency to
another under this section. The appointing authority of each
employing unit shall require an employee to furnish a
satisfactory written, signed statement to justify the use of sick
leave. If medical attention is required, a certificate stating
the nature of the illness from a licensed physician shall be
required to justify the use of sick leave. Falsification of
either a written, signed statement or a physician's certificate
shall be grounds for disciplinary action, including dismissal. This section does not interfere with existing unused sick
leave credit in any agency of government where attendance records
are maintained and credit has been given employees for unused
sick leave. Notwithstanding this section or any other section of the
Revised Code, any appointing authority of a county office,
department, commission, board, or body may, upon notification to
the board of county commissioners, establish alternative
schedules of sick leave for employees of the appointing authority
for whom the state employment relations board has not established
an appropriate bargaining unit pursuant to section 4117.06 of the
Revised Code, provided that as long as the alternative schedules are not
inconsistent with the provisions of a at least one collective bargaining
agreement covering other employees of that appointing authority, if such a collective bargaining agreement exists. If no such collective bargaining agreement exists, an appointing authority may, upon notification to the board of county commissioners, establish an alternative schedule of sick leave for its employees that does not diminish the sick leave benefits granted by this section.
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. (A) Except as otherwise provided in this
section, employees whose salaries or wages are paid by warrant of
the director of budget and management 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 death but excluding retirement,
at their last base rate of pay at
the rate of one hour of pay for every two hours of accumulated
balances. An employee who retires in accordance with any
retirement plan offered by the state shall be paid upon retirement for each
hour of the employee's accumulated sick leave balance at a rate of fifty-five
per cent of the employee's last base rate of pay. 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
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 shall request all or a portion of such
that 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. (B) Except as otherwise provided in this
division, 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 director of budget and management 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 director of budget and management. 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 director of budget and management and for sick leave
placed to the employee's credit under division (E)(2) of
section 124.382 of the Revised Code. (C) 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 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
any 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. (2) The employee is a part-time permanent employee who has
worked at least
fifteen hundred hours within the twelve-month
period immediately preceding the
date of disability and is
eligible for sick leave credit under division
(B) of section
124.382 of the Revised Code. (3) The employee is a full-time permanent or part-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 due to the employee's
medical condition. (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, the following: (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
This 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
The
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 the following: (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'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. The director may delegate to any appointing authority the authority to approve disability benefits for a standard recovery period. (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
full-time permanent 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. Each part-time permanent employee paid in
accordance with section 124.152 of the Revised Code and those part-time permanent employees
listed in divisions (B)(2) and (4) of section 124.14 of the Revised Code shall
receive a pro-rated personal leave credit as determined by rule of the
director of administrative services. Such The credit shall be made to
each eligible employee in the first
pay the 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 not listed
in section 124.19 of the Revised Code,
or any other matter of a personal nature. Personal leave may not be used
on a holiday when an employee is scheduled to work.
Personal leave is not available for use until it appears on the employee's earning statement and the compensation described in the earning statement is available to the employee. (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 personal 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 first paycheck the employee receives in December, 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) A full-time permanent employee who separates from
state service or 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. (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. (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 retirement
or termination of employment.
Sec. 124.388.
(A) An appointing authority may, in its
discretion, place an employee on administrative
leave with pay.
Such
Administrative leave
with pay 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
with
pay shall be equal
to
the employee's base rate of pay. The length
of
such
administrative leave
with pay is
solely at the discretion
of the appointing
authority,
except that
the length of the leave
but shall not
exceed the length of the
situation for which the
leave was
granted. An appointing
authority may also grant
administrative
leave
with pay of two days or less
for employees
who are moved in
accordance with section 124.33 of
the Revised
Code.
(B) An appointing authority may, in its discretion, place an
employee on administrative leave without pay for a period not to
exceed two months, if the employee has been charged with a violation of law that is punishable as a
felony. If the employee subsequently does not plead guilty to or is not found guilty of a felony
with
which the employee is charged or any other felony, the
appointing
authority shall pay the employee at the employee's base
rate of
pay, plus interest, for the period the employee was on the
unpaid
administrative leave.
Sec. 124.40. (A) The mayor or other chief appointing
authority of each city in the state shall appoint three persons,
one for a term of two years, one for
a term of four years, and one
for
a term of six
years, who shall constitute the municipal civil
service
commission of
such
that city and of the city school
district and city
health district in which
such
that city is
located. Each alternate
year thereafter the mayor or other chief
appointing authority
shall appoint one person, as successor of the
member whose term
expires, to serve six years. A vacancy shall be
filled by the
mayor or other chief appointing authority
of a city
for the
unexpired term. At the time of any appointment, not more
than
two commissioners shall be adherents of the same political
party.
Such The municipal civil service commission shall prescribe,
amend,
and enforce rules not inconsistent with this chapter for
the
classification of positions in the civil service of
such
the
city and
city school district, and all the positions in the city
health
district; for examinations
for and resignations
therefor
from those positions; for
appointments, promotions, removals,
transfers, layoffs,
suspensions, reductions, and reinstatements
therein
with respect to those positions; and for
standardizing
those positions and maintaining efficiency
therein
in them. The
commission's rules shall authorize each appointing authority of a
city, city school district, or city health district to develop and
administer in a manner it devises an evaluation system for the
employees it appoints. The
municipal civil service commission
shall exercise all other
powers and perform all other duties with
respect to the civil
service of
such
the city, city school
district, and city health
district, as prescribed in this chapter
and conferred upon the
director of administrative services and the
state personnel board
of review with respect to the civil service
of the state; and all
authority granted to the director and the
board with respect to
the service under their jurisdiction shall,
except as otherwise
provided by this chapter, be held to
grant the
same authority
be granted to
the
municipal civil service
commission with respect to the
service under its jurisdiction.
The
procedure applicable to
reductions, suspensions, and removals,
as
provided for in section
124.34 of the Revised Code, shall
govern
the civil service of
cities.
The The expense and salaries of a municipal civil service
commission shall be determined by the legislative authority of
the
city and a sufficient sum of money shall be appropriated each
year
to carry out this chapter in the city. All persons who are employed by a city school district,
city
health district, or city health department when a municipal
civil
service commission having jurisdiction over them is
appointed, or
when they become subject to civil service by
extension of civil
service to include new classifications of
employees, shall
continue to hold their positions until removed
in accordance with
the civil service laws. If the appointing authority of any
such city fails to
appoint
a civil service commission or commissioner, as provided
by law,
within sixty days after
he
the appointing authority has
the power
to so appoint,
or after a vacancy exists, the state personnel
board of review
shall make the appointment, and
such
the appointee
shall hold office
until the expiration of the term of the
appointing authority of
such
the city. If any
such municipal
civil service commission fails
to prepare and submit
such rules
and
or regulations in
pursuance of
accordance with
this chapter,
the board shall forthwith make
such
those rules
or regulations.
This
chapter
of the Revised Code, shall in all
other respects,
except
as provided in this section, be in full force in
such
cities
with a civil service commission. Each municipal civil service commission shall make reports
from time to time, as the board requires, of the manner in which
the law and the rules and regulations
thereunder
under it have
been and
are being administered, and the results of their
administration,
in
such
the city, city school district, and city
health district. A
copy of the annual report of each
such
municipal civil service
commission shall be filed in the office of
the board as a public
record. Whenever the board has reason to believe that a municipal
civil service commission is violating or is failing to perform
the
duties imposed upon it by law, or that any member of
such
a
municipal civil service commission is willfully or through
culpable negligence violating the law or failing to perform
his
official duties as a member of the commission, it shall institute
an
investigation, and if, in the judgment of the board, it finds
any
such violation or failure to perform the duties imposed by
law,
it shall make a report of
such
the violation
or failure in
writing to the chief
executive authority of
such
the city, which
report shall be a public
record. Upon the receipt of
the
a report from the board, charging
a
the
municipal civil service
commissioner
commission with violating
or failing to
perform the duties imposed
upon it by law, or
charging any member of the commission with willfully or through
culpable negligence violating the law
by failure
or failing to
perform
his
official duties as a member of the
municipal civil
service commission,
along with the evidence on which the report is
based, the chief
executive
officer
authority of the city shall
forthwith remove the
municipal civil service commissioner
or
commissioners. In all cases of removal of
a municipal civil
service commissioner by the chief executive
authority of any
such
city, an appeal may be had to the court of
common pleas, in the
county in which the city is situated, to
determine the sufficiency
of the cause of removal. The appeal
shall be taken within ten
days from the decision of the chief
executive authority
of the
city.
Should
If the court
disaffirm
disaffirms the
judgment of the
chief executive authority, the commissioner shall
be reinstated to
his
the commissioner's former position
in
on the
municipal civil
service commission.
The The chief executive authority of
such
a city
with a municipal
civil service commission
may
remove at any time
remove any
municipal civil service commissioner
for inefficiency, neglect of
duty, or malfeasance in office,
having first given to the
commissioner a copy of the charges
against him and an opportunity
to be publicly heard in person or
by counsel in
his own defense. The mayor has the exclusive right to suspend the chief of
the
police department or the chief of the fire department for
incompetence, gross neglect of duty, gross immorality, habitual
drunkenness, failure to obey orders given
him by the proper
authority, or
for any other reasonable and just cause. If either
the chief of police or the chief of the fire department is so
suspended, the mayor forthwith shall certify
such
that fact,
together
with the cause of the suspension, to the municipal civil
service
commission, which within. Within five days from the date
of receipt of
the notice, the commission shall proceed to hear
such
the charges and render judgment
thereon, which
on them. The
judgment may affirm, disaffirm, or modify the
judgment of the
appointing officer
mayor, and an appeal may be had from
the
decision of the commission to the court of common pleas as
provided in section 124.34 of the Revised Code to determine the
sufficiency of the cause of removal. (B) The board of trustees of a township
with
that has a
population
of ten thousand or more persons residing within the
township and
outside any municipal corporation and
which
that has
a police or fire
department of ten or more full-time paid
employees may appoint
three persons
who shall
to constitute the
township civil service
commission. Of the initial appointments
made to the commission,
one shall be for a term ending two years
after the date of
initial appointment, one shall be for a term
ending four years
after that date, and one shall be for a term
ending six years
after that date. Thereafter, terms of office
shall be for six
years, each term ending on the same day of the
same month as did
the term which it succeeds. Each member shall
hold office from
the date of
his appointment until the end of the
term for which
he
the member was appointed. Any member appointed
to fill a
vacancy
occurring prior to the expiration of the term
for which
his
the
member's predecessor was appointed shall hold
office for the remainder of
such
that term. Any member shall
continue in office subsequent to the
expiration date of
his
the
member's term until
his
a successor takes office, or
until a
period of sixty days has elapsed, whichever occurs first.
At the
time of any appointment, not more than two commissioners
shall be
adherents of the same political party. The board of township trustees shall determine the
compensation and expenses to be paid to the members of the
township civil service commission. The powers and duties
conferred on municipal civil service commissions and the
supervisory authority of the state personnel board of review
under
division (A) of this section shall be applicable to the
civil
service commission of a civil service township.
The The board
of township trustees has the exclusive right to
suspend the chief
of the police or fire department of the township
in the same
manner as provided in division (A) of this section for
municipal
chiefs. The jurisdiction of the
civil service township civil
service
commission is limited to employees of the township fire
or police
department
and then only if the department has ten or more
full-time
paid employees, and
it does not extend to any other
township
employees.
Sec. 124.44. No positions above the rank of
patrolman
patrol
officer
in the police department shall be filled by original appointment.
Vacancies in positions above the rank of
patrolman
patrol
officer
in a police department shall be filled by promotion from among
persons holding positions in a rank lower than the position to be
filled.
No position above the rank of
patrolman
patrol officer in
a
police department
shall be filled by any person unless
he
the
person has first
passed a
competitive promotional examination.
Promotion shall be by
successive ranks
so far
insofar as
practicable, and no person in a police
department shall be
promoted to a position in a higher rank who
has not served at
least twelve months in the next lower rank.
No
A municipal civil
service commission may require a period of service of longer than
twelve months for promotion to the rank immediately above the rank
of patrol officer. No
competitive promotional examination shall be held unless
there
are at least two persons eligible to compete. Whenever a
municipal or civil service township civil service commission
determines that there are less than two persons holding positions
in the rank next lower than the position to be filled, who are
eligible and willing to compete,
such
the commission shall allow
the
persons holding positions in the then next lower rank who are
eligible, to compete with the persons holding positions in the
rank lower than the position to be filled.
An An increase in the
salary or other compensation of anyone
holding a position in a
police department, beyond that fixed for
the rank in which
such
that
position is classified, shall be
deemed a promotion, except as
provided in section 124.491 of the
Revised Code.
Whenever If a
vacancy occurs in
the
a position above the rank of
patrolman
patrol officer in a police department, and there is no
eligible list
for such rank,
the municipal or civil service
township civil service commission
shall, within sixty days of
such
that vacancy, hold a competitive
promotional examination. After
such
the examination has been held
and an eligible list
established, the commission shall forthwith
certify to the
appointing officer the
name of the
person
on
the list
receiving the highest rating. Upon
such
the
certification, the
appointing officer shall appoint the
person so certified within
thirty days from the date of
such
the certification. If there is a
list, the commission shall,
where
when there is a vacancy, immediately
certify the
name
of the
person
on the list having the highest rating,
and the
appointing authority shall appoint
such that person within thirty days
from the date of
such
the
certification. No credit for seniority, efficiency, or any other reason
shall be added to an applicant's examination grade unless the
applicant achieves at least the minimum passing grade on the
examination without counting
such
that extra credit.
Sec. 124.45. Vacancies in positions above the rank of
regular
fireman
fire fighter in a fire department shall be
filled by
competitive
promotional examinations, and promotions shall be by
successive
ranks as provided in this section and sections 124.46
to 124.49 of
the Revised Code. Positions in which
such
those vacancies
occur
shall be called promoted ranks. When a vacancy occurs in the promoted rank immediately
above
the rank of regular
fireman
fire fighter, no person shall
be
eligible to
take the examination unless
he
the person has served
twenty-four
forty-eight
months, not including the person's
probationary period, in
the rank of regular
firemen
fire fighter,
provided
that, in those
cases
where
when there
are less than two
persons in the rank of regular
firemen
fire
fighter who have
served
twenty-four
forty-eight months
therein, not including the
person's probationary period, in that rank and
who are willing to
take
the examination,
the twenty-four month
this service
requirement does not
apply. When a vacancy occurs in a promoted rank, other than the
promoted rank immediately above the rank of regular
fireman
fire
fighter, no person shall be eligible to take the examination
unless
he
the person has served twelve months in the rank from
which
the promotion is to
be made, provided
that, in those cases
where
when there are less than two
persons in
such
that next lower
rank who have served twelve months
therein
in that rank and
who
are willing to take the examination, the
twelve months
twelve-month
service requirement shall not apply. If the
nonapplication of
the twelve-month service requirement to persons
in the next lower
rank does not produce two persons eligible and
willing to
compete,
then the same method shall be followed by
going to
successively lower ranks until two or more persons are
eligible
and willing to compete in an examination for the vacancy.
In the
event
If this process of searching successively lower ranks
reaches
the rank of regular
fireman
fire fighter, the
twenty-four
forty-eight-month
service
requirement applies, provided
that, in
those cases
where such
when that
application still fails to
produce two persons who are eligible
and willing to compete,
said
twenty-four
the forty-eight-month service
requirement does not
apply.
In the event
If two persons are
unwilling to compete for
such
the examination,
then the one person
who is willing to
compete shall be appointed to fill the vacancy
after passing a
qualifying examination. Promotional examinations for positions within a fire
department shall relate to those matters
which
that test the
ability
of the person examined to discharge the particular duties
of the
position sought, and
shall be in writing, provided include a written testing component, and, in
examinations for positions requiring the operation of machines or
equipment, may include practical demonstration tests of the operation of
such
those
machines or equipment may be as a part of the examination. Those persons who compete in a promotional examination in
accordance with the rules of the civil service commission shall
have added to their grade credit for seniority. Credit for
seniority shall be given as follows: one point shall be added
for
each of the first four years of service, and six-tenths of a
point
shall be added for each year for the next ten years of
service.
In
computing the credit for seniority, half of the
credit
above
set
out
specified in this paragraph shall be given for a half year
of
service.
Credit for seniority shall be based only on service in
the
municipal or civil service township fire department and the
service provided for in the next succeeding paragraph. When service in a municipal or civil service township fire
department is interrupted by service in the armed forces of the
United States, seniority credit shall be granted in promotional
examinations for the time so served. No additional credit for
military service shall be allowed in promotional examinations. Credit for efficiency may be given as an added credit
and,
shall be ten per cent of the member's efficiency rating for the
last year, and shall be based on the record of efficiency
maintained in the fire department in the manner established by
the
civil service commission, provided the efficiency shall be
graded
by three ranking officers of the fire department familiar
with the
work of the member. In those cases
where
when three such
officers
do not exist, the ranking officers or officer familiar
with the
work of the member shall grade the efficiency. No credit for seniority, efficiency, or any other reason
shall be added to an applicant's grade unless the applicant
achieves at least the minimum passing grade on the examination
without counting
such
that extra credit. After a promotional examination has been held and prior to
the grading of such examination papers, each participant in said
promotional examination shall have a period of five days,
exclusive of Saturdays, Sundays, and holidays, to inspect the
questions, the rating keys or answers to the examination and to
file any protest he may deem advisable. These protests shall be
in writing and shall remain anonymous to the commission. All
protests with respect to rating keys or answers shall be
determined by the commission within a period of not more than
five
days, exclusive of Saturdays, Sundays, and holidays, and its
decision shall be final. If the commission finds an error in the
rating key or answer, it shall publish a revised rating key
within
five days of its finding of such error or errors. The
revised
rating key or answer shall then be available to
participants for a
period of five days, exclusive of Saturdays,
Sundays, and
holidays, subsequent to such determination of error
or errors.
After the grading of
such examination papers, any
participant
in the examination who deems
his
considers the participant's
examination
papers to
have been erroneously graded, shall have the right to
appeal to
the commission, and
said
the appeal
or appeals shall be
heard by the
commission. The public notice of a holding of a promotional examination
for a position or positions in a fire department shall, unless
waived by all persons eligible to participate, be published not
less than thirty days prior to the examination and shall contain
a
description of the source material from which the examination
questions are prepared.
Such
The source material shall be readily
accessible to the examinee. Failure to comply with this
requirement shall make void the pursuant examination. This
paragraph does not prohibit the use of questions having answers
based on experience in the fire service within the fire
department
in which the promotional examination is being given.
Sec. 124.46. The names of the examinees
who have passed the
examination shall be placed on
the eligible list in accordance
with their grades; the one. The examinee
receiving the highest
grade shall be placed first on the list.
In the event
If two or
more examinees receive the same grade,
seniority in the fire
department service shall determine the
order of their names.
The
person having the highest position on
the list shall be appointed
in the case of a vacancy. Eligible
lists established as provided
in this section shall continue for
two years.
In the event
If a
vacancy occurs prior to the expiration
of the two-year period, the
list shall continue for the purpose
of filling
such
the vacancy
until the vacancy has been filled. Where
If an eligible list exists and a vacancy occurs
which
that
may be filled from
such eligible
that list, the vacancy shall
be
filled within a period of not more than ten days from the date
of
such
the vacancy.
Sec. 124.48. Whenever a vacancy occurs in a promoted rank
in
a fire department and no eligible list for
such
that rank exists,
the
appointing authority shall certify the fact to the civil
service
commission, and the. The civil service commission
shall,
within
sixty days of
such
the vacancy, shall conduct a competitive
promotional
examination. After
such
the examination has been
held, an eligible
list shall be established
within twenty days of
the final date,
of the revised rating key or answer inspection
date, and the civil
service commission shall certify to the
appointing authority the
name of the
person
on
the list receiving the highest
grade. Upon
such
the
certification, the appointing authority shall appoint the
person
so certified within ten days. When an eligible list
is in existence
exists and a vacancy
occurs
in a position for which the list was established, the
appointing
authority shall certify the fact to the civil service
commission.
The
person standing highest on
such
the
list shall be certified to
the appointing authority, and
such that person shall be appointed
within ten days.
Sec. 302.202. If established under
Chapter 302. of the
Revised Code
this chapter, the department of personnel shall make
and
promulgate personnel rules
which
that, when adopted by the
board of
county commissioners after public hearing, shall be the
sole
basis for determining the provisions and procedures of the
county
personnel system. Notwithstanding the provisions of Chapter 124. of the
Revised
Code, personnel rules adopted by the board of county
commissioners
pursuant to this section, may provide for, but need
not be limited
to, the following: (A) Classification of all county positions, which
classification shall be based on the duties, authority, and
responsibility of each position; (B) A pay plan for all county positions, which pay plan
may
include
such fringe benefits as may be determined by the
board of
county commissioners, in addition to salary; (C) Certification of payrolls as to compliance with the
pay
plan and the personnel rules; (D) The method of holding competitive tests for
determining
the merit and fitness of candidates for appointment
and promotion; (E) The establishment, maintenance, and certification of
eligible lists for filling vacancies; (F) The order and manner in which lay-offs may be
effected; (G) The procedure for suspension and removal of employees,
which procedure shall include provisions for appeals from orders
of suspension or removal or other disciplinary action; (H) The hours of work, the attendance regulations, and the
provisions for sick and vacation leave; (I)
The procedure for provisional appointments; (J) Other practices and procedures necessary to the
administration of the county personnel system.
Sec. 325.19. (A)(1) The granting of vacation leave under
division (A)(1) of this section is subject to divisions (A)(2)
and
(3) of this section. Each full-time employee in the several
offices and departments of the county service, including
full-time
hourly rate employees, after service of one year with
the county
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 county
employee with
eight or more years of service with the county 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
county employee with fifteen or more years of
service with the
county 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 county employee with
twenty-five years of
service with the county 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. The appointing authorities of the offices and departments of
the county
service may permit all or any part of a person's prior
service with any
regional council of government established in
accordance with Chapter
167. of the Revised Code to be considered
service with the county
or a political subdivision
of the state
for the purpose of determining years of service under this
division. (2) Full-time employees granted vacation leave under
division (A)(1) of this section who render any standard of
service
other than forty hours per week as described in division
(J) of
this section and who are in active pay status in a
biweekly pay
period, shall accrue a number of hours of vacation
leave during
each such pay period that bears the same ratio to
the number of
hours specified in division (A)(1) of this section
as their number
of hours which are accepted as full-time in
active pay status,
excluding overtime hours, bears to eighty
hours. (3) Full-time employees granted vacation leave under
division (A)(1) of this section who are in active pay status in a
biweekly pay period for less than eighty hours or the number of
hours of service otherwise accepted as full-time by their
employing office or department shall accrue a number of hours of
vacation leave during that pay period that bears the same ratio
to
the number of hours specified in division (A)(1) of this
section
as their number of hours in active pay status, excluding
overtime
hours, bears to eighty or the number of hours of service
accepted
as full-time, whichever is applicable. (B) A board of county commissioners, by resolution, may
grant vacation leave with full pay to part-time county employees.
A part-time county employee shall be eligible for vacation leave
with full pay upon the attainment of the first year of
employment,
and annually thereafter. The ratio between the hours
worked and
the vacation hours awarded to a part-time employee
shall be the
same as the ratio between the hours worked and the
vacation hours
earned by a full-time employee as provided for in
this section. (C) Days specified as holidays in section 124.19 of the
Revised Code shall not be charged to an employee's vacation
leave.
Vacation leave shall be taken by the employee during the
year in
which it accrued and prior to the next recurrence of the
anniversary date of the employee's employment, provided
that the
appointing
authority may, in special and meritorious cases, permit
such
employee to accumulate and carry over the employee's
vacation
leave to the
following year. No vacation leave shall be carried
over for more
than three years. An employee is entitled to
compensation, at
the employee's current rate of pay, for the
prorated portion
of any earned but unused vacation leave for the
current year to the employee's
credit at time of separation, and
in addition shall be compensated for any
unused vacation leave
accrued to the employee's credit, with the permission
of the
appointing authority, for the three years immediately preceding
the
last anniversary date of employment. (D)(1) In addition to vacation leave, a full-time county
employee is entitled to eight hours of holiday pay for New Year's
day, Martin Luther King day, Washington-Lincoln day, Memorial
day,
Independence day, Labor day, Columbus day, Veterans' day,
Thanksgiving day, and Christmas day, of each year. Except
as
provided in division (D)(2) of this section, holidays
shall occur
on the days specified in section 1.14 of the Revised
Code. If any
of
those holidays fall on
Saturday, the Friday immediately
preceding shall be observed as
the holiday. If any of
those
holidays
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 is 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. (2)(a) When a classified employee of a county board of
mental
retardation and developmental disabilities works at a site
maintained by a
government entity other than the board, such as a
public school, the board may
adjust the employee's holiday
schedule to conform to the schedule adopted by
the government
entity. Under an adjusted holiday schedule, an employee shall
receive the number of hours of holiday pay granted under division
(D)(1) of this section. (b) Pursuant to division (H)(6) of section 339.06 of the
Revised Code,
a county hospital may observe Martin Luther King
day, Washington-Lincoln day, Columbus day, and
Veterans' day on
days other than those specified in section 1.14
of the Revised
Code. (E) In the case of the death of a county employee, the
unused vacation leave and unpaid overtime to the credit of
any
such
the employee shall be paid in accordance with section 2113.04
of the Revised Code, or to the employee's estate. (F) Notwithstanding this section or any other section of
the
Revised Code, any appointing authority of a county office,
department, commission, board, or body may, upon notification to
the board of county commissioners, establish alternative
schedules
of vacation leave and holidays for employees of the
appointing
authority for whom the state employment relations
board has not
established an appropriate bargaining unit pursuant
to section
4117.06 of the Revised Code,
provided that
as long as the
alternative schedules are not inconsistent with the provisions of
a
at least one collective bargaining agreement covering other
employees of
that appointing authority, if such an agreement
exists. If no such collective bargaining agreement exists, an
appointing authority, upon notification to the board of county
commissioners, may establish an alternative schedule of vacation
leave and holidays for its employees that does not diminish the
vacation leave and holiday benefits granted by this section. (G) The employees of a county children services board that
establishes vacation benefits under section 5153.12 of the
Revised
Code are exempt from division (A) of this section. (H) The provisions of this section do not apply to
superintendents and management employees of county boards of
mental retardation and developmental disabilities. (I) Division (A) of this section does not apply to an
employee of
a county board of mental retardation and developmental
disabilities who works
at, or provides transportation services to
pupils of, a special education
program provided by the county
board pursuant to division (A)(4) of
section 5126.05 of the
Revised Code, if the employee's employment is based on a school
year
and the employee is not subject to a contract with the county
board that
provides for division (A) of this section to apply to
the employee. (J) As used in this section: (1) "Full-time employee" means an employee whose regular
hours of service for a county total forty hours per week, or who
renders any other standard of service accepted as full-time by an
office, department, or agency of county service. (2) "Part-time employee" means an employee whose regular
hours of service for a county total less than forty hours per
week, or who renders any other standard of service accepted as
part-time by an office, department, or agency of county service,
and whose hours of county service total at least five hundred
twenty hours annually. (3) "Management employee" has the same meaning as in
section
5126.20 of the Revised Code.
Sec. 329.02. Under the control and direction of the board
of
county commissioners, the county director of job and
family
services
shall have full charge of the county department of job
and
family
services. The director shall prepare the annual budget
estimate of the
department and submit it to the board
of county
commissioners.
Before submitting the budget estimate to the board
of county
commissioners, the director shall consider the
recommendations of
the county family services planning
committee
relative to
such
that estimate. The
director, with the approval
of the board
of county commissioners,
shall appoint all necessary
assistants and superintendents of
institutions under the
jurisdiction of the department, and all
other employees of the
department,
excepting
except that the
superintendent of each such
institution shall appoint all
employees
therein
in it and only the
board
of county commissioners may
appoint administrators under
section 329.021 of the Revised Code.
Except for administrators
appointed under section 329.021 of the
Revised Code
and up to five
other administrative positions, the assistants and other employees
of the
department shall be in the classified civil service, and
may not
be placed in or removed to the unclassified service. If
no
eligible list is available,
provisional
a probationary
appointment shall be made
until
such
an eligible list is
available. Each director appointed on or after
the effective date of
this amendment
October 5, 1987, shall be in the unclassified civil
service and
serve at the pleasure of the board
of county
commissioners. If a
person holding a classified position in the
department is
appointed as director on or after
the effective
that
date
of this
amendment and is later removed by the board, except
for a reason
listed in section 124.34 of the Revised Code, the
person so
removed has the right to resume the position the person
held
in the classified service immediately prior to being
appointed as director, or if that position no longer exists or has
become
an unclassified position, the person shall be appointed to
a
position in the classified service that the board, with the
approval of the director of administrative services, determines
is
equivalent to the position the person held immediately prior
to
being appointed as director. The board
of county commissioners, except as provided in
this
chapter, may
provide by
resolution for the coordination of the
operations of the
department and those of any county institution
whose board or
managing officer is appointed by the board of
county
commissioners. The board of county commissioners may enter into a written
contract with a
county director of job and family services
specifying
terms and conditions of the
director's employment. The
period of the contract shall not exceed three
years. In addition
to any review specified in
such a
the contract, the contract
shall
be subject to review and renegotiation for a period of thirty
days, from
the sixtieth to the ninetieth days after the beginning
of the term of any
newly elected commissioner. Such a contract
shall in no way abridge the right
of the board to terminate the
employment of the director as an unclassified
employee at will,
but may specify terms and conditions of any such
termination.
Sec. 329.021. (A) The board of county commissioners serving a county with a
population of more than one million people may, in addition to the county
director of job and family services, appoint not more than
five administrators to
oversee services provided by the county department of job and
family services. The, subject to the following limitations: (1) If the county has a population of five hundred thousand or more, the board may appoint up to five administrators.
(2) If the county has a population of two hundred and fifty thousand or more, but less than five hundred thousand, the board may appoint up to four administrators.
(3) If the county has a population of one hundred thousand or more, but less than two hundred and fifty thousand, the board may appoint up to three administrators.
(4) If the county has a population of forty thousand or more, but less than one hundred thousand, the board may appoint up to two administrators.
(5) If the county has a population of less than forty thousand, the board may appoint one administrator. (B) The
administrators appointed by the board of county commissioners under this section shall be in the unclassified civil service and serve at the
pleasure of the board of county commissioners. However, no administrator position that is filled by a person serving in the classified service on the effective date of this amendment shall be placed in the unclassified civil service until that person vacates the position. (C) The board of county commissioners may appoint a person who holds a certified position in the classified service within the county department of job and family services to the position of administrator. A person appointed to the position of administrator pursuant to this division and later removed by the board retains the right to resume the position in the classified service held by that person immediately prior to being appointed to the position of administrator, except that a person first appointed to a classified position in the department on or after the effective date of this amendment shall retain the right to resume the position in the classified service for only six months after being appointed to the position of administrator. An employee forfeits the right to resume a position in the classified service when the employee is removed from the position of administrator due to incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of any policy or work rule of the board or department, violation of Chapter 124. of the Revised Code or the rules of the director of administrative services, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony. If the position the person previously held in the classified service no longer exists or has been placed in the unclassified service, the person shall be appointed to a position in the classified service of the department that is equivalent to the classified position the person previously held, as determined by the board with the approval of the director of administrative services. (D) As used in this section, "administrator" means assistant director, fiscal officer or director, personnel officer or director, social services administrator, income maintenance administrator, child support administrator in a combined agency, children services administrator in a combined agency, and workforce development administrator in a combined agency.
Sec. 1513.03. The chief of the division of
mineral resources
management shall designate certain employees of the
division as
mineral resources
inspectors for the purpose of
enforcing the coal
mining laws and the surface mining laws.
Such
Those
inspectors may
enter upon and inspect any
coal or surface mining operation at any
time, and, upon entering the
permit area
the, an inspector shall
notify the operator and shall
furnish proper identification.
After
the final maps have been
approved, the inspector shall
notify the
nearest mine office of
the operator and advise of the
inspection.
They
Inspectors may serve and
execute warrants and
other processes
of law issued in the
enforcement of this chapter
and Chapter 1514.
of the Revised Code
and
the rules adopted
thereunder
under them. Such
The inspectors, while in the normal,
lawful, and
peaceful pursuit of their duties, may enter upon, cross over, and
remain upon privately owned lands for such purposes, and shall
not
be subject to arrest for trespass while so engaged or for
such
cause thereafter.
Before a person, other than a person who was an inspector of
coal or surface mining operations or oil and gas operations on
July 1, 1999, is eligible
for appointment as a mineral resources
inspector, the person shall
pass an examination prepared and
administered by the department of
administrative services and
shall serve
in a provisional status
for a probationary period of
six months to the
satisfaction of the
chief. The chief may hire
provisionally, pending
the
administration of a civil service
examination and
establishment
of a civil service eligibility list.
A person
serving
in a
provisional status has, a person as a
mineral resources inspector, who shall have the
same authority as
a
permanently
appointed
an inspector
hired from an eligible list.
This section
does not
affect the
status of any person employed as
an inspector
of coal or surface
mining operations or oil and gas
operations
prior to July
1, 1999, if the person is a
certified
employee in
the classified service of the state.
Sec. 1513.34. The chief of the division of
mineral resources
management shall
provide education and training for
all mineral
resources inspectors, district supervisors,
and enforcement
personnel.
The chief shall provide adequate training and
education
as necessary for all persons appointed as
mineral
resources
inspectors during
their
provisional status. The chief shall
provide, on a regular basis as
funding
allows, continuing
education and training as necessary for all
mineral resources
inspectors, district
supervisors, and
enforcement personnel.
Sec. 4111.03. (A) An employer shall pay an employee for
overtime at a wage rate of one and one-half times the employee's
wage rate for hours worked in excess of forty hours in one
workweek, in the
manner and methods provided in and subject
to the
exemptions of section 7 and section 13 of the "Fair
Labor
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as
amended. Any employee employed in agriculture shall not be covered
by
the overtime provision of this section. (B)
For the purposes of this section, the number of hours
worked by a county employee in any one workweek shall be deemed
to
include, in addition to hours actually worked, all periods in
an
active pay status. (C) If a county employee elects to take compensatory time
off in lieu of overtime pay, for any overtime worked,
such
compensatory time may 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 within
one hundred
eighty days after the overtime is worked.
(D)(C) A county appointing authority with the exception of
the county department of job and family services may, by
rule or
resolution as is appropriate, indicate the authority's intention
not to be bound by division (B)
or (C) of this section, and to
adopt a different policy for the calculation and payment of
overtime than that is embodied in
those divisions
established by that division. Upon
adoption, the
alternative
overtime policy prevails. Prior to the
adoption of an
alternative overtime policy,
the
a county
appointing authority with
the exception of the county department
of job and family
services shall
give a written notice of the
alternative policy to each employee
at least ten days prior to
the
its effective date
of the policy.
Sec. 4112.01. (A) As used in this chapter: (1) "Person" includes one or more individuals,
partnerships,
associations, organizations, corporations, legal
representatives,
trustees, trustees in bankruptcy, receivers, and
other organized
groups of persons. "Person" also includes, but
is not limited to,
any owner, lessor, assignor, builder, manager,
broker,
salesperson, appraiser, agent, employee,
lending
institution, and
the state and all political subdivisions,
authorities, agencies,
boards, and commissions of the state. (2) "Employer" includes the state, any political
subdivision
of the state, any person employing four or more
persons within the
state, and any person acting directly or
indirectly in the
interest of an employer. (3) "Employee" means an individual employed by any
employer
but does not include any individual employed in the
domestic
service of any person. (4) "Labor organization" includes any organization that
exists, in whole or in part, for the purpose of collective
bargaining or of dealing with employers concerning grievances,
terms or conditions of employment, or other mutual aid or
protection in relation to employment. (5) "Employment agency" includes any person regularly
undertaking, with or without compensation, to procure
opportunities to work or to procure, recruit, refer, or place
employees. (6) "Commission" means the Ohio civil rights commission
created by section 4112.03 of the Revised Code. (7) "Discriminate" includes segregate or separate. (8) "Unlawful discriminatory practice" means any act
prohibited by section 4112.02, 4112.021, or 4112.022 of the
Revised Code. (9) "Place of public accommodation" means any inn,
restaurant, eating house, barbershop, public conveyance by air,
land, or water, theater, store, other place for the sale of
merchandise, or any other place of public accommodation or
amusement of which the accommodations, advantages, facilities, or
privileges are available to the public. (10) "Housing accommodations" includes any building or
structure, or portion of a building or structure, that is used or
occupied or is intended, arranged, or designed to be used or
occupied as the home residence, dwelling, dwelling unit, or
sleeping place of one or more individuals, groups, or families
whether or not living independently of each other; and any vacant
land offered for sale or lease. "Housing accommodations" also
includes any housing accommodations held or offered for sale or
rent by a real estate broker, salesperson, or agent, by
any other
person pursuant to authorization of the owner, by the owner, or
by
the owner's legal representative. (11) "Restrictive covenant" means any specification
limiting
the transfer, rental, lease, or other use of any housing
accommodations because of race, color, religion, sex, familial
status, national origin, disability, or ancestry, or
any
limitation
based upon affiliation with or approval by any person,
directly
or indirectly, employing race, color, religion, sex,
familial
status, national origin, disability, or ancestry as a
condition of
affiliation or approval. (12) "Burial lot" means any lot for the burial of deceased
persons within any public burial ground or cemetery, including,
but not limited to, cemeteries owned and operated by municipal
corporations, townships, or companies or associations
incorporated
for cemetery purposes. (13) "Disability" means a physical or mental
impairment
that
substantially limits one or more major life activities, including
the functions of caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and
working; a record of a physical or mental impairment; or being
regarded as having a physical or mental impairment. (14) Except as otherwise provided in section 4112.021 of
the
Revised Code, "age" means at least forty years old. (15) "Familial status" means either of the following: (a) One or more individuals who are under eighteen years
of
age and who are domiciled with a parent or guardian having
legal
custody of the individual or domiciled, with the written
permission of the parent or guardian having legal custody, with a
designee of the parent or guardian; (b) Any person who is pregnant or in the process of
securing
legal custody of any individual who is under eighteen
years of
age. (16)(a) Except as provided in division (A)(16)(b) of this
section, "physical or mental impairment" includes any of the
following: (i) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic
and
lymphatic; skin; and endocrine; (ii) Any mental or psychological disorder, including, but
not limited to, mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities; (iii) Diseases and conditions, including, but not limited
to, orthopedic, visual, speech, and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, human immunodeficiency virus
infection, mental retardation, emotional illness, drug addiction,
and alcoholism. (b) "Physical or mental impairment" does not include any
of
the following: (i) Homosexuality and bisexuality; (ii) Transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, gender identity disorders not resulting
from physical impairments, or other sexual behavior disorders; (iii) Compulsive gambling, kleptomania, or pyromania; (iv) Psychoactive substance use disorders resulting from
the
current illegal use of a controlled substance
or the current
use
of alcoholic beverages. (17) "Dwelling unit" means a single unit of residence for
a
family of one or more persons. (18) "Common use areas" means rooms, spaces, or elements
inside or outside a building that are made available for the use
of residents of the building or their guests, and includes, but
is
not limited to, hallways, lounges, lobbies, laundry rooms,
refuse
rooms, mail rooms, recreational areas, and passageways
among and
between buildings. (19) "Public use areas" means interior or exterior rooms
or
spaces of a privately or publicly owned building that are made
available to the general public. (20) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code. (21) "Disabled tenant" means a tenant or prospective
tenant
who is a person with a disability. (B) For the purposes of divisions (A) to (F) of section
4112.02 of the Revised Code, the terms "because of sex" and "on
the basis of sex" include, but are not limited to, because of or
on the basis of pregnancy, any illness arising out of and
occurring during the course of a pregnancy, childbirth, or
related
medical conditions. Women affected by pregnancy,
childbirth, or
related medical conditions shall be treated the
same for all
employment-related purposes, including receipt of
benefits under
fringe benefit programs, as other persons not so
affected but
similar in their ability or inability to work, and
nothing in
division (B) of section 4111.17 of the Revised Code
shall be
interpreted to permit otherwise. This division shall
not be
construed to require an employer to pay for health
insurance
benefits for abortion, except where the life of the
mother would
be endangered if the fetus were carried to term or
except where
medical complications have arisen from the abortion,
provided that
nothing in this division precludes an employer from
providing
abortion benefits or otherwise affects bargaining
agreements in
regard to abortion.
Sec. 5107.52. (A) There is hereby established, as a
work
activity under Ohio works first, the
subsidized employment
program, under which private and
government
employers receive
payments from appropriations to the
department of job and family
services for a portion of the
costs of
salaries, wages, and
benefits
such
those employers pay to or on behalf
of employees who
are
participants of
the subsidized employment program at the
time
of
employment. (B) The director of job and family services may redetermine
rates
of payments to employers under this section annually. (C) A state agency or political subdivision may create or
fill vacant
full-time and part-time positions, including
classified and
unclassified positions for those positions that are
included in
the civil service under Chapter
124. of the Revised
Code, for
or with participants of the subsidized employment
program. The
director shall specify in rules adopted under
section
5107.05
of the Revised
Code the maximum amount of time
the
department will subsidize the positions. After the subsidy
expires, the agency or subdivision may hire the participant for
an
unclassified position or as
a provisional
an employee in the
classified civil service, if the position is in the classified
civil service, and the participant shall become certified in the
same manner as other provisional employees. The director of
administrative services may adopt rules in accordance with
Chapter
119. of the
Revised
Code governing this division. (D) Participants of the
subsidized employment program
for
whom payments
are made under this section: (1) Shall be considered regular employees of the employer,
entitled to the same employment benefits and opportunities for
advancement and affiliation with employee organizations that are
available to other regular employees of the employer, and the
employer shall pay premiums to the bureau of workers'
compensation
on account of employees for whom payments are made; (2) Shall be paid at the same rate as other employees
doing
similar work for the employer. (E) An agreement for employment of a subsidized employment
program
participant by a private employer shall require that the
participant be given
preference for any unsubsidized full-time
position with the employer that
becomes available after the
participant completes any probationary or training
period
specified in the agreement.
Sec. 5119.09. The director of mental health shall prepare,
and may amend from time to time, specifications descriptive of
the duties, responsibilities, requirements, and desirable
qualifications of physician specialists in the department of
mental health. The director shall prepare, and may amend from
time to time, classifications for such those physician specialists, and
such physician specialists they shall receive a salary fixed pursuant
to section 124.15 or 124.152 of the Revised Code. The director may employ and classify physicians in the
department as physician specialists, within the classifications
and pay ranges fixed pursuant to section 124.15 or 124.152 of the
Revised Code. Any physician employed in the department, whether
previously classified pursuant to section 124.15 or 124.152 of
the Revised Code or otherwise employed in the department, may be
classified or reclassified as a physician specialist, pursuant to
this section, upon order of the director; provided, that, each
such physician shall be qualified as required by this section and
meet the specifications for the classification to which he the
physician is assigned. Any physician classified and designated a
physician
specialist under authority of this section may be assigned to a
different physician specialist classification upon order of the
director; the director shall certify each such reclassification,
and the department of administrative services shall be governed
by such the certification,; provided that, nothing in this section
shall alter the powers and duties of such department as defined
in the state personnel board of review under division (A)(1) of section 124.03 of the Revised Code. Each physician classified and designated as a physician
specialist in the department, under authority of this section,
shall be a reputable physician, and a graduate of an accredited
medical college, who has had special training and experience in
the treatment of mental illness or other condition found in
patients in the department.
Sec. 5155.03. The board of county commissioners or operator shall
appoint a superintendent, who may be authorized to use the
title "administrator," who may reside on the premises of the
county home or other another building contiguous to the county home, and who shall
receive the compensation the board
or operator determines. The superintendent or administrator and any
administrative assistant shall each be allowed actual
necessary expenses incurred in the discharge of official
duties. The superintendent or administrator shall perform
the duties that the board or operator imposes and shall be governed in
all respects by the board's or operator's rules. The superintendent or administrator shall be in the unclassified civil service. The board or operator may, by resolution, provide for the appointment
by the superintendent or administrator of an assistant
superintendent or administrator, who shall perform the duties at
the county home prescribed by the superintendent or
administrator. The board or operator shall not appoint one of its own
board members superintendent or administrator, nor shall any
commissioner or trustee be eligible to any other office in the county home,
or receive any compensation as physician or otherwise, directly
or indirectly, wherein the appointing power is vested in the board of county commissioners or board of county hospital trustees, as applicable.
Sec. 5703.17. (A) In making an investigation as to any
company,
firm,
corporation, person, association, partnership, or
public
utility subject to
the laws which that the tax commissioner is
required
to administer, the
commissioner may appoint by an order
in writing
an agent,
a tax auditor agent, or a tax auditor agent
manager,
whose duties shall
be prescribed in such the order. In the discharge of
such an agent's duties,
the agent
shall
have
every power of an
inquisitorial nature granted by law
to the
commissioner, and the same powers
as a notary public as to
the
taking of depositions, and all. All
powers given by law
to a notary
public relative to depositions are hereby given to
such an agent.
(B) No person shall be appointed as a tax auditor agent or a
tax auditor agent manager, unless that person meets one of the
following requirements: (1) The person holds from an accredited college or
university a baccalaureate or higher degree in accounting,
business, business administration, public administration, or
management, or other business-related field that is acceptable to the tax commissioner, a doctoral degree in law, a bachelor of laws degree,
or a master of laws degree in taxation. (2) The person possesses a current certified public
accountant, certified managerial accountant, or certified internal
auditor certificate; a professional tax designation issued by the
institute for professionals in taxation or the international
association of assessing officers; or a designation as an enrolled
agent of the Internal Revenue Service. (3) The person has accounting, auditing, or taxation
experience that is acceptable to the department of taxation as defined in the classification specifications for the positions of tax auditor agent or tax auditor agent manager established by the director of administrative services pursuant to division (A)(1) of section 124.14 of the Revised Code. (4) The person has experience as a tax commissioner agent,
tax auditor agent, or supervisor of tax agents that is acceptable
to the department of taxation.
Section 2. That existing sections 9.84, 119.12, 124.01, 124.03,
124.04, 124.07, 124.09, 124.11, 124.133, 124.134, 124.14, 124.15, 124.20, 124.22,
124.23,
124.26, 124.27, 124.271, 124.30, 124.31, 124.32, 124.321, 124.322,
124.323,
124.324, 124.325, 124.326, 124.327, 124.33, 124.34, 124.341, 124.38, 124.383, 124.384,
124.385,
124.386, 124.388, 124.40, 124.44, 124.45, 124.46, 124.48,
302.202,
325.19, 329.02, 329.021, 1513.03, 1513.34, 4111.03, 4112.01,
5107.52, 5119.09,
5155.03, and 5703.17 and section 124.311 of the
Revised Code are
hereby repealed.
Section 3. In addition to its recommendations that are
included in this act, the Civil Service Review Commission that was
created by Amended Senate Bill No. 210 of the 123rd General
Assembly recommends, with necessary changes made by the General Assembly to reflect subsequent legislative enactments, all of the following: (A) The Department of Administrative Services, in
conjunction with all appropriate stakeholder groups, shall study
the compensation and classification system that applies to
employees paid by warrant of the Director of Budget and Management and county
employees in order to determine how the system could be
simplified. The Department shall report to the General Assembly
on the results of its study not later than six months after the
effective date of this act and at appropriate intervals
thereafter. (B) An ad hoc committee shall be formed to review, study,
and encourage greater awareness of the use of alternate dispute
resolution procedures, such as mediation, in appeals to the State
Personnel Board of
Review and to municipal and civil service
township civil service
commissions. The committee shall consist
of representatives of
labor organizations, counties, cities, the
State Personnel Board
of Review, the State Employment Relations
Board, the Office of
Collective Bargaining of the Department of
Administrative
Services, the Ohio Commission on Dispute Resolution
and Conflict
Management, the American Arbitration Association, and
the Federal
Mediation and Conciliation Service. Professors on the
faculty of
Ohio law schools, a professional arbitrator with
experience in
public sector disputes, and a plaintiff's lawyer
with experience
in civil service disputes also should be members
of the
committee. The committee shall report its findings and
recommendations to the General Assembly within six months after
the effective date of this act.
Section 4. The Executive Director of the Inter-University Council
shall coordinate the organization of a committee consisting of the
president, or the president's representative, of each
state-supported college or university. Ninety days after the effective date of this act, the committee, in consultation with the Department of
Administrative Services, shall develop guidelines and standards
that are to be used by the boards of trustees of these colleges
and universities in adopting the rules concerning the matters of
governance of the officers and employees of the college or
university as required by division (F) of section 124.14 of the
Revised Code. The guidelines shall address, at a minimum, all of the
following: (A) Classification plans; (C) Recruitment,
selection, and appointment processes; (D) Performance, discipline, and
termination processes; (E) Layoff and reduction-in-workforce
processes; (F) Paid leave, holiday leave, and benefit programs; The guidelines also shall require the colleges
and universities to adopt changes in a controlled and incremental
manner. Section 5. Nothing in this act abrogates, annuls, or modifies, or may be construed as abrogating, annulling, or modifying, any collective bargaining agreement between a public employer and an exclusive representative that was entered into before the effective date of this act.
Section 6. Section 124.26 of the Revised Code is presented in this act as a
composite of the section as amended by both Am. Sub. H.B. 117 and
Am. Sub. S.B. 99 of the 121st General Assembly.
The
General
Assembly, applying the
principle stated in division
(B) of
section
1.52 of the Revised
Code that amendments are to be
harmonized if
reasonably capable of
simultaneous operation, finds
that the
composite is the resulting
version of the section in
effect
prior to the effective date of
the section as presented in
this
act.
Section 7. Sections 1, 2, 3, 4, 5, and 6 of this act shall take effect on July 1, 2007.
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