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| To amend sections 9.81, 9.90, 9.901, 102.02, 103.74, | 1 |
| 109.33, 122.40, 122.64, 122.72, 124.11, 124.134, | 2 |
| 124.14, 124.15, 124.152, 124.181, 124.322, | 3 |
| 124.325, 124.34, 124.38, 124.382, 124.388, 124.39, | 4 |
| 124.81, 124.82, 126.32, 141.01, 141.02, 145.012, | 5 |
| 145.47, 306.04, 307.054, 339.06, 339.07, 340.04, | 6 |
| 505.38, 505.49, 505.60, 709.012, 742.31, 742.63, | 7 |
| 749.082, 749.083, 917.03, 927.69, 991.02, 1349.71, | 8 |
| 1509.35, 1513.182, 1513.29, 1545.071, 1551.35, | 9 |
| 1707.36, 1707.46, 3301.03, 3304.12, 3306.01, | 10 |
| 3307.27, 3307.77, 3309.47, 3311.19, 3313.12, | 11 |
| 3313.202, 3313.23, 3313.24, 3313.33, 3313.42, | 12 |
| 3314.10, 3316.07, 3317.01, 3317.018, 3317.11, | 13 |
| 3317.13, 3319.01, 3319.011, 3319.02, 3319.06, | 14 |
| 3319.08, 3319.084, 3319.085, 3319.088, 3319.09, | 15 |
| 3319.10, 3319.11, 3319.111, 3319.13, 3319.14, | 16 |
| 3319.141, 3319.17, 3319.172, 3319.18, 3319.61, | 17 |
| 3319.63, 3326.18, 3332.03, 3701.33, 3737.81, | 18 |
| 3737.90, 3770.02, 3772.06, 3773.33, 3781.07, | 19 |
| 4112.03, 4117.01, 4117.02, 4117.03, 4117.05, | 20 |
| 4117.06, 4117.07, 4117.08, 4117.09, 4117.10, | 21 |
| 4117.11, 4117.12, 4117.13, 4117.14, 4117.15, | 22 |
| 4117.18, 4117.20, 4117.21, 4123.352, 4301.07, | 23 |
| 4517.30, 4701.03, 4701.05, 4703.03, 4703.31, | 24 |
| 4709.04, 4715.06, 4717.02, 4723.02, 4725.06, | 25 |
| 4725.46, 4729.03, 4730.05, 4731.03, 4732.05, | 26 |
| 4733.05, 4734.03, 4738.09, 4741.02, 4747.03, | 27 |
| 4753.04, 4755.01, 4757.05, 4758.12, 4759.03, | 28 |
| 4761.02, 4763.02, 4775.05, 4905.10, 4906.02, | 29 |
| 4911.07, 5107.26, 5119.09, 5123.51, 5126.24, | 30 |
| 5139.02, 5503.03, 5505.15, and 5703.09, to enact | 31 |
| new section 3319.112 and sections 124.94, 4113.80, | 32 |
| 4117.081, 4117.104, 4117.105, 4117.106, 4117.107, | 33 |
| 4117.108, 4117.109, 4117.141, 4117.26, and | 34 |
| 4117.27, and to repeal sections 3317.12, 3317.14, | 35 |
| 3319.112, 3319.131, 3319.142, 3319.143, 4117.16, | 36 |
| 4117.22, and 4117.23 of the Revised Code to make | 37 |
| various changes to laws concerning public | 38 |
| employees, including collective bargaining, salary | 39 |
| schedules and compensation, layoff procedures, and | 40 |
| leave. | 41 |
| Section 1. That sections 9.81, 9.90, 9.901, 102.02, 103.74, | 42 |
| 109.33, 122.40, 122.64, 122.72, 124.11, 124.134, 124.14, 124.15, | 43 |
| 124.152, 124.181, 124.322, 124.325, 124.34, 124.38, 124.382, | 44 |
| 124.388, 124.39, 124.81, 124.82, 126.32, 141.01, 141.02, 145.012, | 45 |
| 145.47, 306.04, 307.054, 339.06, 339.07, 340.04, 505.38, 505.49, | 46 |
| 505.60, 709.012, 742.31, 742.63, 749.082, 749.083, 917.03, 927.69, | 47 |
| 991.02, 1349.71, 1509.35, 1513.182, 1513.29, 1545.071, 1551.35, | 48 |
| 1707.36, 1707.46, 3301.03, 3304.12, 3306.01, 3307.27, 3307.77, | 49 |
| 3309.47, 3311.19, 3313.12, 3313.202, 3313.23, 3313.24, 3313.33, | 50 |
| 3313.42, 3314.10, 3316.07, 3317.01, 3317.018, 3317.11, 3317.13, | 51 |
| 3319.01, 3319.011, 3319.02, 3319.06, 3319.08, 3319.084, 3319.085, | 52 |
| 3319.088, 3319.09, 3319.10, 3319.11, 3319.111, 3319.13, 3319.14, | 53 |
| 3319.141, 3319.17, 3319.172, 3319.18, 3319.61, 3319.63, 3326.18, | 54 |
| 3332.03, 3701.33, 3737.81, 3737.90, 3770.02, 3772.06, 3773.33, | 55 |
| 3781.07, 4112.03, 4117.01, 4117.02, 4117.03, 4117.05, 4117.06, | 56 |
| 4117.07, 4117.08, 4117.09, 4117.10, 4117.11, 4117.12, 4117.13, | 57 |
| 4117.14, 4117.15, 4117.18, 4117.20, 4117.21, 4123.352, 4301.07, | 58 |
| 4517.30, 4701.03, 4701.05, 4703.03, 4703.31, 4709.04, 4715.06, | 59 |
| 4717.02, 4723.02, 4725.06, 4725.46, 4729.03, 4730.05, 4731.03, | 60 |
| 4732.05, 4733.05, 4734.03, 4738.09, 4741.02, 4747.03, 4753.04, | 61 |
| 4755.01, 4757.05, 4758.12, 4759.03, 4761.02, 4763.02, 4775.05, | 62 |
| 4905.10, 4906.02, 4911.07, 5107.26, 5119.09, 5123.51, 5126.24, | 63 |
| 5139.02, 5503.03, 5505.15, and 5703.09 be amended and new section | 64 |
| 3319.112 and sections 124.94, 4113.80, 4117.081, 4117.104, | 65 |
| 4117.105, 4117.106, 4117.107, 4117.108, 4117.109, 4117.141, | 66 |
| 4117.26, and 4117.27 of the Revised Code be enacted to read as | 67 |
| follows: | 68 |
| Sec. 9.81. After an authorization adopted under section 9.80 | 69 |
| of the Revised Code, any public officer or employee of any | 70 |
| department or division of the state, any political subdivision or | 71 |
| school district thereof, or of any institution supported in whole | 72 |
| or in part by the state, a county, or municipal corporation, who | 73 |
| desires to make a contribution by the payroll deduction plan to | 74 |
| one or more of the specified charitable agencies which are | 75 |
| corporations not for profit, community chests, united funds, or | 76 |
| other similar united community fund organizations, may be | 77 |
| permitted to have such contribution payments deducted from the | 78 |
| salary or wages due such public officer or employee by filing a | 79 |
| written request and authorization signed by such public officer or | 80 |
| employee and specifying the amount of the deduction in each | 81 |
| payroll period with the fiscal officer of the state, political | 82 |
| subdivision, or school district, or institution by which such | 83 |
| public officer or employee is employed. Such authorization may be | 84 |
| withdrawn in writing by such public officer or employee at any | 85 |
| time. No funds may be withheld from the salary or wages of any | 86 |
| such public officer or employee for the purposes permitted by | 87 |
| sections 9.80 and 9.81 of the Revised Code unless the withholding | 88 |
| is specifically, freely, and voluntarily authorized by that public | 89 |
| officer or employee in writing. | 90 |
| Upon receipt of evidence of such request by the appropriate | 91 |
| fiscal officer, or upon receipt of a written deduction | 92 |
|
authorization under division (B)(2) | 93 |
| the Revised Code, such fiscal officer shall make such deduction | 94 |
| and shall, at periodic intervals to the extent of the amount | 95 |
| collected, pay the designated charitable agencies which are | 96 |
| corporations not for profit, community chests, united funds, or | 97 |
| other similar united community fund organizations, or the | 98 |
| exclusive representative designated under section 4117.05 of the | 99 |
| Revised Code. | 100 |
| Sec. 9.90. (A) The governing board of any public institution | 101 |
| of higher education, including without limitation state | 102 |
| universities and colleges, community college districts, university | 103 |
| branch districts, technical college districts, and municipal | 104 |
| universities, may, in addition to all other powers provided in the | 105 |
| Revised Code: | 106 |
| (1) Contract for, purchase, or otherwise procure from an | 107 |
| insurer or insurers licensed to do business by the state of Ohio | 108 |
| for or on behalf of such of its employees as it may determine, | 109 |
| life insurance, or sickness, accident, annuity, endowment, health, | 110 |
| medical, hospital, dental, or surgical coverage and benefits, or | 111 |
| any combination thereof, by means of insurance plans or other | 112 |
| types of coverage, family, group or otherwise, and may pay from | 113 |
| funds under its control and available for such purpose all or any | 114 |
| portion of the cost, premium, or charge for such insurance, | 115 |
| coverage, or benefits. However, the governing board, in addition | 116 |
| to or as an alternative to the authority otherwise granted by | 117 |
| division (A)(1) of this section, may elect to procure coverage for | 118 |
| health care services, for or on behalf of such of its employees as | 119 |
| it may determine, by means of policies, contracts, certificates, | 120 |
| or agreements issued by at least two health insuring corporations | 121 |
| holding a certificate of authority under Chapter 1751. of the | 122 |
| Revised Code and may pay from funds under the governing board's | 123 |
| control and available for such purpose all or any portion of the | 124 |
| cost of such coverage. | 125 |
| (2) Make payments to a custodial account for investment in | 126 |
| regulated investment company stock for the purpose of providing | 127 |
| retirement benefits as described in section 403(b)(7) of the | 128 |
| Internal Revenue Code of 1954, as amended. Such stock shall be | 129 |
| purchased only from persons authorized to sell such stock in this | 130 |
| state. | 131 |
| Any income of an employee deferred under divisions (A)(1) and | 132 |
| (2) of this section in a deferred compensation program eligible | 133 |
| for favorable tax treatment under the Internal Revenue Code of | 134 |
| 1954, as amended, shall continue to be included as regular | 135 |
| compensation for the purpose of computing the contributions to and | 136 |
| benefits from the retirement system of such employee. Any sum so | 137 |
| deferred shall not be included in the computation of any federal | 138 |
| and state income taxes withheld on behalf of any such employee. | 139 |
| (B) All or any portion of the cost, premium, or charge | 140 |
| therefor may be paid in such other manner or combination of | 141 |
| manners as the governing board may determine, including direct | 142 |
| payment by the employee in cases under division (A)(1) of this | 143 |
| section, and, if authorized in writing by the employee in cases | 144 |
| under division (A)(1) or (2) of this section, by such governing | 145 |
| board with moneys made available by deduction from or reduction in | 146 |
| salary or wages or by the foregoing of a salary or wage increase. | 147 |
| Nothing in section 3917.01 or section 3917.06 of the Revised Code | 148 |
| shall prohibit the issuance or purchase of group life insurance | 149 |
| authorized by this section by reason of payment of premiums | 150 |
| therefor by the governing board from its funds, and such group | 151 |
| life insurance may be so issued and purchased if otherwise | 152 |
| consistent with the provisions of sections 3917.01 to 3917.07 of | 153 |
| the Revised Code. | 154 |
| (C) The board of education of any school district may | 155 |
| exercise any of the powers granted to the governing boards of | 156 |
| public institutions of higher education under divisions (A) and | 157 |
| (B) of this section, except in relation to the provision of health | 158 |
| care benefits to employees. All health care benefits provided to | 159 |
| persons employed by the public schools of this state shall be | 160 |
| health care plans that contain best practices established by the | 161 |
| school employees health care board pursuant to section 9.901 of | 162 |
| the Revised Code. Nothing in this division shall be construed to | 163 |
| allow a board of education to bargain collectively regarding the | 164 |
| provision of health care benefits as that term is defined in | 165 |
| section 124.81 of the Revised Code. | 166 |
| Sec. 9.901. (A)(1) All health care benefits provided to | 167 |
| persons employed by the public school districts of this state | 168 |
| shall be provided by health care plans that contain best practices | 169 |
| established pursuant to this section by the school employees | 170 |
| health care board. Twelve months after the release of best | 171 |
| practices by the board all policies or contracts for health care | 172 |
| benefits provided to public school district employees that are | 173 |
| issued or renewed after the expiration of any applicable | 174 |
| collective bargaining agreement must contain best practices | 175 |
| established pursuant to this section by the board. Any or all of | 176 |
| the health care plans that contain best practices specified by the | 177 |
| board may be self-insured. As used in this section, a "public | 178 |
| school district" means a city, local, exempted village, or joint | 179 |
| vocational school district, and includes the educational service | 180 |
| centers associated with those districts but not charter schools. | 181 |
| (2) The board shall determine what strategies are used by the | 182 |
| existing medical plans to manage health care costs and shall study | 183 |
| the potential benefits of state or regional consortiums of public | 184 |
| schools offering multiple health care plans. As used in this | 185 |
| section: | 186 |
| (a) A "health care plan" includes group policies, contracts, | 187 |
| and agreements that provide hospital, surgical, or medical expense | 188 |
| coverage, including self-insured plans. A "health care plan" does | 189 |
| not include an individual plan offered to the employees of a | 190 |
| public school district, or a plan that provides coverage only for | 191 |
| specific disease or accidents, or a hospital indemnity, medicare | 192 |
| supplement, or other plan that provides only supplemental | 193 |
| benefits, paid for by the employees of a public school district. | 194 |
| (b) A "health plan sponsor" means a public school district, a | 195 |
| consortium of public school districts, or a council of | 196 |
| governments. | 197 |
| (B) The school employees health care board is hereby created. | 198 |
| The school employees health care board shall consist of the | 199 |
| following twelve members and shall include individuals with | 200 |
| experience with public school district benefit programs, health | 201 |
| care industry providers, and health care plan beneficiaries: | 202 |
| (1) Four members appointed by the governor, one of whom shall | 203 |
| be representative of nonadministrative public school district | 204 |
| employees; | 205 |
| (2) Four members appointed by the president of the senate, | 206 |
| one of whom shall be representative of nonadministrative public | 207 |
| school district employees; | 208 |
| (3) Four members appointed by the speaker of the house of | 209 |
| representatives, one of whom shall be representative of | 210 |
| nonadministrative public school district employees. | 211 |
| A member of the school employees health care board shall not | 212 |
| be employed by, represent, or in any way be affiliated with a | 213 |
| private entity that is providing services to the board, an | 214 |
| individual school district, employers, or employees in the state | 215 |
| of Ohio. | 216 |
| (C)(1) Members of the school employees health care board | 217 |
| shall serve four-year terms, but may be reappointed, except as | 218 |
| otherwise specified in division (B) of this section. | 219 |
| A member shall continue to serve subsequent to the expiration | 220 |
| of the member's term until a successor is appointed. Any vacancy | 221 |
| occurring during a member's term shall be filled in the same | 222 |
| manner as the original appointment, except that the person | 223 |
| appointed to fill the vacancy shall be appointed to the remainder | 224 |
| of the unexpired term. | 225 |
| (2) Members shall receive compensation fixed pursuant to | 226 |
|
division | 227 |
| reimbursed from the school employees health care fund for actual | 228 |
| and necessary expenses incurred in the performance of their | 229 |
| official duties as members of the board. | 230 |
| (3) Members may be removed by their appointing authority for | 231 |
| misfeasance, malfeasance, incompetence, dereliction of duty, or | 232 |
| other just cause. | 233 |
| (D)(1) At the first meeting of the board after the first day | 234 |
| of January of each calendar year, the board shall elect a | 235 |
| chairperson and may elect members to other positions on the board | 236 |
| as the board considers necessary or appropriate. The board shall | 237 |
| meet at least nine times each calendar year and shall also meet at | 238 |
| the call of the chairperson or four or more board members. The | 239 |
| chairperson shall provide reasonable advance notice of the time | 240 |
| and place of board meetings to all members. | 241 |
| (2) A majority of the board constitutes a quorum for the | 242 |
| transaction of business at a board meeting. A majority vote of the | 243 |
| members present is necessary for official action. | 244 |
| (E) The school employees health care board shall conduct its | 245 |
| business at open meetings; however, the records of the board are | 246 |
| not public records for purposes of section 149.43 of the Revised | 247 |
| Code. | 248 |
| (F) The school employees health care fund is hereby created | 249 |
| in the state treasury. The board shall use all funds in the school | 250 |
| employees health care fund solely to carry out the provisions of | 251 |
| this section and related administrative costs. | 252 |
| (G) The school employees health care board shall do all of | 253 |
| the following: | 254 |
| (1) Include disease management and consumer education | 255 |
| programs, which programs shall include, but are not limited to, | 256 |
| wellness programs and other measures designed to encourage the | 257 |
| wise use of medical plan coverage. These programs are not services | 258 |
| or treatments for purposes of section 3901.71 of the Revised Code. | 259 |
| (2) Adopt and release a set of standards that shall be | 260 |
| considered the best practices to which public school districts | 261 |
| shall adhere in the selection and implementation of health care | 262 |
| plans. | 263 |
| | 264 |
| administer make readily available to the public all cost and | 265 |
| design elements of the plan; | 266 |
| | 267 |
| outlets and consultation; | 268 |
| | 269 |
| access of its meetings and activity pursuant to division (E) of | 270 |
| this section; | 271 |
| | 272 |
| by this section in identifying the elements for the successful | 273 |
| implementation of this section; | 274 |
| | 275 |
| patient, plan, and provider management strategies in developing | 276 |
| and managing health care plans; | 277 |
| | 278 |
| on the status of health plan sponsors' effectiveness in making | 279 |
| progress to reduce the rate of increase in insurance premiums and | 280 |
| employee out of pocket expenses, as well as progress in improving | 281 |
| the health status of school district employees and their families. | 282 |
| (H) The sections in Chapter 3923. of the Revised Code | 283 |
| regulating public employee benefit plans are not applicable to the | 284 |
| health care plans designed pursuant to this section. | 285 |
| (I) The board may contract with one or more independent | 286 |
| consultants to analyze costs related to employee health care | 287 |
| benefits provided by existing public school district plans in this | 288 |
| state. The consultants may evaluate the benefits offered by | 289 |
| existing health care plans, the employees' costs, and the | 290 |
| cost-sharing arrangements used by public school districts either | 291 |
| participating in a consortium or by other means. The consultants | 292 |
| may evaluate what strategies are used by the existing health care | 293 |
| plans to manage health care costs and the potential benefits of | 294 |
| state or regional consortiums of public schools offering multiple | 295 |
| health care plans. Based on the findings of the analysis, the | 296 |
| consultants may submit written recommendations to the board for | 297 |
| the development and implementation of successful best practices | 298 |
| and programs for improving school districts' purchasing power for | 299 |
| the acquisition of employee health care plans. | 300 |
| (J) The public schools health care advisory committee is | 301 |
| hereby created under the school employees health care board. The | 302 |
| committee shall make recommendations to the school employees | 303 |
| health care board related to the board's accomplishment of the | 304 |
| duties assigned to the board under this section. The committee | 305 |
| shall consist of eighteen members. The governor shall appoint two | 306 |
| representatives each from the Ohio education association, the Ohio | 307 |
| school boards association, and a health insuring corporation | 308 |
| licensed to do business in Ohio and recommended by the Ohio | 309 |
|
association of | 310 |
| appoint two representatives each from the Ohio association of | 311 |
| school business officials, the Ohio federation of teachers, and | 312 |
| the buckeye association of school administrators. The president of | 313 |
| the senate shall appoint two representatives each from the Ohio | 314 |
| association of health underwriters, an existing health care | 315 |
| consortium serving public schools, and the Ohio association of | 316 |
| public school employees. The initial appointees shall serve until | 317 |
| December 31, 2007; subsequent two-year appointments, to commence | 318 |
|
on the first day of January of each year thereafter, | 319 |
| made in the same manner. A member shall continue to serve | 320 |
| subsequent to the expiration of the member's term until the | 321 |
| member's successor is appointed. Any vacancy occurring during a | 322 |
| member's term shall be filled in the same manner as the original | 323 |
| appointment, except that the person appointed to fill the vacancy | 324 |
| shall be appointed to the remainder of the unexpired term. The | 325 |
| advisory committee shall elect a chairperson at its first meeting | 326 |
| after the first day of January each year who shall call the time | 327 |
| and place of future committee meetings in addition to the meetings | 328 |
| that are to be held jointly with the school employees health care | 329 |
| board. Committee members are not subject to the conditions for | 330 |
| eligibility set by division (B) of this section for members of the | 331 |
| school employees health care board. | 332 |
| (K) The board may adopt rules for the enforcement of health | 333 |
| plan sponsors' compliance with the best practices standards | 334 |
| adopted by the board pursuant to this section. | 335 |
| (L) Any districts providing health care plan coverage for the | 336 |
| employees of public school districts shall provide nonidentifiable | 337 |
| aggregate claims data for the coverage to the school employees | 338 |
| health care board, without charge, within sixty days after | 339 |
| receiving a written request from the board. The claims data shall | 340 |
| include data relating to employee group benefit sets, | 341 |
| demographics, and claims experience. | 342 |
| (M)(1) The school employees health care board may contract | 343 |
| with other state agencies for services as the board deems | 344 |
| necessary for the implementation and operation of this section, | 345 |
| based on demonstrated experience and expertise in administration, | 346 |
| management, data handling, actuarial studies, quality assurance, | 347 |
| or for other needed services. The school employees health care | 348 |
| board may contract with the department of administrative services | 349 |
| for central services until such time the board deems itself able | 350 |
| to obtain such services from its own staff or from other sources. | 351 |
| The board shall reimburse the department of administrative | 352 |
| services for the reasonable cost of those services. | 353 |
| (2) The board shall hire staff as necessary to provide | 354 |
| administrative support to the board and the public school employee | 355 |
| health care plan program established by this section. | 356 |
| (N) Not more than ninety days before coverage begins for | 357 |
| public school district employees under health care plans | 358 |
| containing best practices prescribed by the school employees | 359 |
| health care board, a public school district's board of education | 360 |
| shall provide detailed information about the health care plans to | 361 |
| the employees. | 362 |
| (O) Nothing in this section shall be construed as prohibiting | 363 |
| public school districts from consulting with and compensating | 364 |
| insurance agents and brokers for professional services. | 365 |
| (P) | 366 |
| auditor of state shall conduct all necessary and required audits | 367 |
| of the board. The auditor of state, upon request, also shall | 368 |
| furnish to the board copies of audits of public school districts | 369 |
| or consortia performed by the auditor of state. | 370 |
| Sec. 102.02. (A) Except as otherwise provided in division | 371 |
| (H) of this section, all of the following shall file with the | 372 |
| appropriate ethics commission the disclosure statement described | 373 |
| in this division on a form prescribed by the appropriate | 374 |
| commission: every person who is elected to or is a candidate for a | 375 |
| state, county, or city office and every person who is appointed to | 376 |
| fill a vacancy for an unexpired term in such an elective office; | 377 |
| all members of the state board of education; the director, | 378 |
| assistant directors, deputy directors, division chiefs, or persons | 379 |
| of equivalent rank of any administrative department of the state; | 380 |
| the president or other chief administrative officer of every state | 381 |
| institution of higher education as defined in section 3345.011 of | 382 |
| the Revised Code; the executive director and the members of the | 383 |
| capitol square review and advisory board appointed or employed | 384 |
| pursuant to section 105.41 of the Revised Code; all members of the | 385 |
| Ohio casino control commission, the executive director of the | 386 |
| commission, all professional employees of the commission, and all | 387 |
| technical employees of the commission who perform an internal | 388 |
| audit function; the individuals set forth in division (B)(2) of | 389 |
| section 187.03 of the Revised Code; the chief executive officer | 390 |
| and the members of the board of each state retirement system; each | 391 |
| employee of a state retirement board who is a state retirement | 392 |
| system investment officer licensed pursuant to section 1707.163 of | 393 |
| the Revised Code; the members of the Ohio retirement study council | 394 |
| appointed pursuant to division (C) of section 171.01 of the | 395 |
| Revised Code; employees of the Ohio retirement study council, | 396 |
| other than employees who perform purely administrative or clerical | 397 |
| functions; the administrator of workers' compensation and each | 398 |
| member of the bureau of workers' compensation board of directors; | 399 |
| the bureau of workers' compensation director of investments; the | 400 |
| chief investment officer of the bureau of workers' compensation; | 401 |
| the director appointed by the workers' compensation council; all | 402 |
| members of the board of commissioners on grievances and discipline | 403 |
| of the supreme court and the ethics commission created under | 404 |
| section 102.05 of the Revised Code; every business manager, | 405 |
| treasurer, or superintendent of a city, local, exempted village, | 406 |
| joint vocational, or cooperative education school district or an | 407 |
| educational service center; every person who is elected to or is a | 408 |
| candidate for the office of member of a board of education of a | 409 |
| city, local, exempted village, joint vocational, or cooperative | 410 |
| education school district or of a governing board of an | 411 |
| educational service center that has a total student count of | 412 |
| twelve thousand or more as most recently determined by the | 413 |
| department of education pursuant to section 3317.03 of the Revised | 414 |
| Code; every person who is appointed to the board of education of a | 415 |
| municipal school district pursuant to division (B) or (F) of | 416 |
| section 3311.71 of the Revised Code; all members of the board of | 417 |
| directors of a sanitary district that is established under Chapter | 418 |
| 6115. of the Revised Code and organized wholly for the purpose of | 419 |
| providing a water supply for domestic, municipal, and public use, | 420 |
| and that includes two municipal corporations in two counties; | 421 |
| every public official or employee who is paid a salary or wage in | 422 |
|
accordance with | 423 |
| section 124.152 of the Revised Code; members of the board of | 424 |
| trustees and the executive director of the southern Ohio | 425 |
| agricultural and community development foundation; all members | 426 |
| appointed to the Ohio livestock care standards board under section | 427 |
| 904.02 of the Revised Code; and every other public official or | 428 |
| employee who is designated by the appropriate ethics commission | 429 |
| pursuant to division (B) of this section. | 430 |
| The disclosure statement shall include all of the following: | 431 |
| (1) The name of the person filing the statement and each | 432 |
| member of the person's immediate family and all names under which | 433 |
| the person or members of the person's immediate family do | 434 |
| business; | 435 |
| (2)(a) Subject to divisions (A)(2)(b) and (c) of this section | 436 |
| and except as otherwise provided in section 102.022 of the Revised | 437 |
| Code, identification of every source of income, other than income | 438 |
| from a legislative agent identified in division (A)(2)(b) of this | 439 |
| section, received during the preceding calendar year, in the | 440 |
| person's own name or by any other person for the person's use or | 441 |
| benefit, by the person filing the statement, and a brief | 442 |
| description of the nature of the services for which the income was | 443 |
| received. If the person filing the statement is a member of the | 444 |
| general assembly, the statement shall identify the amount of every | 445 |
| source of income received in accordance with the following ranges | 446 |
| of amounts: zero or more, but less than one thousand dollars; one | 447 |
| thousand dollars or more, but less than ten thousand dollars; ten | 448 |
| thousand dollars or more, but less than twenty-five thousand | 449 |
| dollars; twenty-five thousand dollars or more, but less than fifty | 450 |
| thousand dollars; fifty thousand dollars or more, but less than | 451 |
| one hundred thousand dollars; and one hundred thousand dollars or | 452 |
| more. Division (A)(2)(a) of this section shall not be construed to | 453 |
| require a person filing the statement who derives income from a | 454 |
| business or profession to disclose the individual items of income | 455 |
| that constitute the gross income of that business or profession, | 456 |
| except for those individual items of income that are attributable | 457 |
| to the person's or, if the income is shared with the person, the | 458 |
| partner's, solicitation of services or goods or performance, | 459 |
| arrangement, or facilitation of services or provision of goods on | 460 |
| behalf of the business or profession of clients, including | 461 |
| corporate clients, who are legislative agents. A person who files | 462 |
| the statement under this section shall disclose the identity of | 463 |
| and the amount of income received from a person who the public | 464 |
| official or employee knows or has reason to know is doing or | 465 |
| seeking to do business of any kind with the public official's or | 466 |
| employee's agency. | 467 |
| (b) If the person filing the statement is a member of the | 468 |
| general assembly, the statement shall identify every source of | 469 |
| income and the amount of that income that was received from a | 470 |
| legislative agent during the preceding calendar year, in the | 471 |
| person's own name or by any other person for the person's use or | 472 |
| benefit, by the person filing the statement, and a brief | 473 |
| description of the nature of the services for which the income was | 474 |
| received. Division (A)(2)(b) of this section requires the | 475 |
| disclosure of clients of attorneys or persons licensed under | 476 |
| section 4732.12 of the Revised Code, or patients of persons | 477 |
| certified under section 4731.14 of the Revised Code, if those | 478 |
| clients or patients are legislative agents. Division (A)(2)(b) of | 479 |
| this section requires a person filing the statement who derives | 480 |
| income from a business or profession to disclose those individual | 481 |
| items of income that constitute the gross income of that business | 482 |
| or profession that are received from legislative agents. | 483 |
| (c) Except as otherwise provided in division (A)(2)(c) of | 484 |
| this section, division (A)(2)(a) of this section applies to | 485 |
| attorneys, physicians, and other persons who engage in the | 486 |
| practice of a profession and who, pursuant to a section of the | 487 |
| Revised Code, the common law of this state, a code of ethics | 488 |
| applicable to the profession, or otherwise, generally are required | 489 |
| not to reveal, disclose, or use confidences of clients, patients, | 490 |
| or other recipients of professional services except under | 491 |
| specified circumstances or generally are required to maintain | 492 |
| those types of confidences as privileged communications except | 493 |
| under specified circumstances. Division (A)(2)(a) of this section | 494 |
| does not require an attorney, physician, or other professional | 495 |
| subject to a confidentiality requirement as described in division | 496 |
| (A)(2)(c) of this section to disclose the name, other identity, or | 497 |
| address of a client, patient, or other recipient of professional | 498 |
| services if the disclosure would threaten the client, patient, or | 499 |
| other recipient of professional services, would reveal details of | 500 |
| the subject matter for which legal, medical, or professional | 501 |
| advice or other services were sought, or would reveal an otherwise | 502 |
| privileged communication involving the client, patient, or other | 503 |
| recipient of professional services. Division (A)(2)(a) of this | 504 |
| section does not require an attorney, physician, or other | 505 |
| professional subject to a confidentiality requirement as described | 506 |
| in division (A)(2)(c) of this section to disclose in the brief | 507 |
| description of the nature of services required by division | 508 |
| (A)(2)(a) of this section any information pertaining to specific | 509 |
| professional services rendered for a client, patient, or other | 510 |
| recipient of professional services that would reveal details of | 511 |
| the subject matter for which legal, medical, or professional | 512 |
| advice was sought or would reveal an otherwise privileged | 513 |
| communication involving the client, patient, or other recipient of | 514 |
| professional services. | 515 |
| (3) The name of every corporation on file with the secretary | 516 |
| of state that is incorporated in this state or holds a certificate | 517 |
| of compliance authorizing it to do business in this state, trust, | 518 |
| business trust, partnership, or association that transacts | 519 |
| business in this state in which the person filing the statement or | 520 |
| any other person for the person's use and benefit had during the | 521 |
| preceding calendar year an investment of over one thousand dollars | 522 |
| at fair market value as of the thirty-first day of December of the | 523 |
| preceding calendar year, or the date of disposition, whichever is | 524 |
| earlier, or in which the person holds any office or has a | 525 |
| fiduciary relationship, and a description of the nature of the | 526 |
| investment, office, or relationship. Division (A)(3) of this | 527 |
| section does not require disclosure of the name of any bank, | 528 |
| savings and loan association, credit union, or building and loan | 529 |
| association with which the person filing the statement has a | 530 |
| deposit or a withdrawable share account. | 531 |
| (4) All fee simple and leasehold interests to which the | 532 |
| person filing the statement holds legal title to or a beneficial | 533 |
| interest in real property located within the state, excluding the | 534 |
| person's residence and property used primarily for personal | 535 |
| recreation; | 536 |
| (5) The names of all persons residing or transacting business | 537 |
| in the state to whom the person filing the statement owes, in the | 538 |
| person's own name or in the name of any other person, more than | 539 |
| one thousand dollars. Division (A)(5) of this section shall not be | 540 |
| construed to require the disclosure of debts owed by the person | 541 |
| resulting from the ordinary conduct of a business or profession or | 542 |
| debts on the person's residence or real property used primarily | 543 |
| for personal recreation, except that the superintendent of | 544 |
| financial institutions shall disclose the names of all | 545 |
| state-chartered savings and loan associations and of all service | 546 |
| corporations subject to regulation under division (E)(2) of | 547 |
| section 1151.34 of the Revised Code to whom the superintendent in | 548 |
| the superintendent's own name or in the name of any other person | 549 |
| owes any money, and that the superintendent and any deputy | 550 |
| superintendent of banks shall disclose the names of all | 551 |
| state-chartered banks and all bank subsidiary corporations subject | 552 |
| to regulation under section 1109.44 of the Revised Code to whom | 553 |
| the superintendent or deputy superintendent owes any money. | 554 |
| (6) The names of all persons residing or transacting business | 555 |
| in the state, other than a depository excluded under division | 556 |
| (A)(3) of this section, who owe more than one thousand dollars to | 557 |
| the person filing the statement, either in the person's own name | 558 |
| or to any person for the person's use or benefit. Division (A)(6) | 559 |
| of this section shall not be construed to require the disclosure | 560 |
| of clients of attorneys or persons licensed under section 4732.12 | 561 |
| or 4732.15 of the Revised Code, or patients of persons certified | 562 |
| under section 4731.14 of the Revised Code, nor the disclosure of | 563 |
| debts owed to the person resulting from the ordinary conduct of a | 564 |
| business or profession. | 565 |
| (7) Except as otherwise provided in section 102.022 of the | 566 |
| Revised Code, the source of each gift of over seventy-five | 567 |
| dollars, or of each gift of over twenty-five dollars received by a | 568 |
| member of the general assembly from a legislative agent, received | 569 |
| by the person in the person's own name or by any other person for | 570 |
| the person's use or benefit during the preceding calendar year, | 571 |
| except gifts received by will or by virtue of section 2105.06 of | 572 |
| the Revised Code, or received from spouses, parents, grandparents, | 573 |
| children, grandchildren, siblings, nephews, nieces, uncles, aunts, | 574 |
| brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, | 575 |
| fathers-in-law, mothers-in-law, or any person to whom the person | 576 |
| filing the statement stands in loco parentis, or received by way | 577 |
| of distribution from any inter vivos or testamentary trust | 578 |
| established by a spouse or by an ancestor; | 579 |
| (8) Except as otherwise provided in section 102.022 of the | 580 |
| Revised Code, identification of the source and amount of every | 581 |
| payment of expenses incurred for travel to destinations inside or | 582 |
| outside this state that is received by the person in the person's | 583 |
| own name or by any other person for the person's use or benefit | 584 |
| and that is incurred in connection with the person's official | 585 |
| duties, except for expenses for travel to meetings or conventions | 586 |
| of a national or state organization to which any state agency, | 587 |
| including, but not limited to, any legislative agency or state | 588 |
| institution of higher education as defined in section 3345.011 of | 589 |
| the Revised Code, pays membership dues, or any political | 590 |
| subdivision or any office or agency of a political subdivision | 591 |
| pays membership dues; | 592 |
| (9) Except as otherwise provided in section 102.022 of the | 593 |
| Revised Code, identification of the source of payment of expenses | 594 |
| for meals and other food and beverages, other than for meals and | 595 |
| other food and beverages provided at a meeting at which the person | 596 |
| participated in a panel, seminar, or speaking engagement or at a | 597 |
| meeting or convention of a national or state organization to which | 598 |
| any state agency, including, but not limited to, any legislative | 599 |
| agency or state institution of higher education as defined in | 600 |
| section 3345.011 of the Revised Code, pays membership dues, or any | 601 |
| political subdivision or any office or agency of a political | 602 |
| subdivision pays membership dues, that are incurred in connection | 603 |
| with the person's official duties and that exceed one hundred | 604 |
| dollars aggregated per calendar year; | 605 |
| (10) If the disclosure statement is filed by a public | 606 |
| official or employee described in division (B)(2) of section | 607 |
| 101.73 of the Revised Code or division (B)(2) of section 121.63 of | 608 |
| the Revised Code who receives a statement from a legislative | 609 |
| agent, executive agency lobbyist, or employer that contains the | 610 |
| information described in division (F)(2) of section 101.73 of the | 611 |
| Revised Code or division (G)(2) of section 121.63 of the Revised | 612 |
| Code, all of the nondisputed information contained in the | 613 |
| statement delivered to that public official or employee by the | 614 |
| legislative agent, executive agency lobbyist, or employer under | 615 |
| division (F)(2) of section 101.73 or (G)(2) of section 121.63 of | 616 |
| the Revised Code. | 617 |
| A person may file a statement required by this section in | 618 |
| person or by mail. A person who is a candidate for elective office | 619 |
| shall file the statement no later than the thirtieth day before | 620 |
| the primary, special, or general election at which the candidacy | 621 |
| is to be voted on, whichever election occurs soonest, except that | 622 |
| a person who is a write-in candidate shall file the statement no | 623 |
| later than the twentieth day before the earliest election at which | 624 |
| the person's candidacy is to be voted on. A person who holds | 625 |
| elective office shall file the statement on or before the | 626 |
| fifteenth day of April of each year unless the person is a | 627 |
| candidate for office. A person who is appointed to fill a vacancy | 628 |
| for an unexpired term in an elective office shall file the | 629 |
| statement within fifteen days after the person qualifies for | 630 |
| office. Other persons shall file an annual statement on or before | 631 |
| the fifteenth day of April or, if appointed or employed after that | 632 |
| date, within ninety days after appointment or employment. No | 633 |
| person shall be required to file with the appropriate ethics | 634 |
| commission more than one statement or pay more than one filing fee | 635 |
| for any one calendar year. | 636 |
| The appropriate ethics commission, for good cause, may extend | 637 |
| for a reasonable time the deadline for filing a statement under | 638 |
| this section. | 639 |
| A statement filed under this section is subject to public | 640 |
| inspection at locations designated by the appropriate ethics | 641 |
| commission except as otherwise provided in this section. | 642 |
| (B) The Ohio ethics commission, the joint legislative ethics | 643 |
| committee, and the board of commissioners on grievances and | 644 |
| discipline of the supreme court, using the rule-making procedures | 645 |
| of Chapter 119. of the Revised Code, may require any class of | 646 |
| public officials or employees under its jurisdiction and not | 647 |
| specifically excluded by this section whose positions involve a | 648 |
| substantial and material exercise of administrative discretion in | 649 |
| the formulation of public policy, expenditure of public funds, | 650 |
| enforcement of laws and rules of the state or a county or city, or | 651 |
| the execution of other public trusts, to file an annual statement | 652 |
| on or before the fifteenth day of April under division (A) of this | 653 |
| section. The appropriate ethics commission shall send the public | 654 |
| officials or employees written notice of the requirement by the | 655 |
| fifteenth day of February of each year the filing is required | 656 |
| unless the public official or employee is appointed after that | 657 |
| date, in which case the notice shall be sent within thirty days | 658 |
| after appointment, and the filing shall be made not later than | 659 |
| ninety days after appointment. | 660 |
| Except for disclosure statements filed by members of the | 661 |
| board of trustees and the executive director of the southern Ohio | 662 |
| agricultural and community development foundation, disclosure | 663 |
| statements filed under this division with the Ohio ethics | 664 |
| commission by members of boards, commissions, or bureaus of the | 665 |
| state for which no compensation is received other than reasonable | 666 |
| and necessary expenses shall be kept confidential. Disclosure | 667 |
| statements filed with the Ohio ethics commission under division | 668 |
| (A) of this section by business managers, treasurers, and | 669 |
| superintendents of city, local, exempted village, joint | 670 |
| vocational, or cooperative education school districts or | 671 |
| educational service centers shall be kept confidential, except | 672 |
| that any person conducting an audit of any such school district or | 673 |
| educational service center pursuant to section 115.56 or Chapter | 674 |
| 117. of the Revised Code may examine the disclosure statement of | 675 |
| any business manager, treasurer, or superintendent of that school | 676 |
| district or educational service center. Disclosure statements | 677 |
| filed with the Ohio ethics commission under division (A) of this | 678 |
| section by the individuals set forth in division (B)(2) of section | 679 |
| 187.03 of the Revised Code shall be kept confidential. The Ohio | 680 |
| ethics commission shall examine each disclosure statement required | 681 |
| to be kept confidential to determine whether a potential conflict | 682 |
| of interest exists for the person who filed the disclosure | 683 |
| statement. A potential conflict of interest exists if the private | 684 |
| interests of the person, as indicated by the person's disclosure | 685 |
| statement, might interfere with the public interests the person is | 686 |
| required to serve in the exercise of the person's authority and | 687 |
| duties in the person's office or position of employment. If the | 688 |
| commission determines that a potential conflict of interest | 689 |
| exists, it shall notify the person who filed the disclosure | 690 |
| statement and shall make the portions of the disclosure statement | 691 |
| that indicate a potential conflict of interest subject to public | 692 |
| inspection in the same manner as is provided for other disclosure | 693 |
| statements. Any portion of the disclosure statement that the | 694 |
| commission determines does not indicate a potential conflict of | 695 |
| interest shall be kept confidential by the commission and shall | 696 |
| not be made subject to public inspection, except as is necessary | 697 |
| for the enforcement of Chapters 102. and 2921. of the Revised Code | 698 |
| and except as otherwise provided in this division. | 699 |
| (C) No person shall knowingly fail to file, on or before the | 700 |
| applicable filing deadline established under this section, a | 701 |
| statement that is required by this section. | 702 |
| (D) No person shall knowingly file a false statement that is | 703 |
| required to be filed under this section. | 704 |
| (E)(1) Except as provided in divisions (E)(2) and (3) of this | 705 |
| section, the statement required by division (A) or (B) of this | 706 |
| section shall be accompanied by a filing fee of forty dollars. | 707 |
| (2) The statement required by division (A) of this section | 708 |
| shall be accompanied by the following filing fee to be paid by the | 709 |
| person who is elected or appointed to, or is a candidate for, any | 710 |
| of the following offices: | 711 |
| For state office, except member of the | 712 | ||||
| state board of education | $65 | 713 | |||
| For office of member of general assembly | $40 | 714 | |||
| For county office | $40 | 715 | |||
| For city office | $25 | 716 | |||
| For office of member of the state board | 717 | ||||
| of education | $25 | 718 | |||
| For office of member of the Ohio | 719 | ||||
| livestock care standards board | $25 | 720 | |||
| For office of member of a city, local, | 721 | ||||
| exempted village, or cooperative | 722 | ||||
| education board of | 723 | ||||
| education or educational service | 724 | ||||
| center governing board | $20 | 725 | |||
| For position of business manager, | 726 | ||||
| treasurer, or superintendent of a | 727 | ||||
| city, local, exempted village, joint | 728 | ||||
| vocational, or cooperative education | 729 | ||||
| school district or | 730 | ||||
| educational service center | $20 | 731 |
| (3) No judge of a court of record or candidate for judge of a | 732 |
| court of record, and no referee or magistrate serving a court of | 733 |
| record, shall be required to pay the fee required under division | 734 |
| (E)(1) or (2) or (F) of this section. | 735 |
| (4) For any public official who is appointed to a nonelective | 736 |
| office of the state and for any employee who holds a nonelective | 737 |
| position in a public agency of the state, the state agency that is | 738 |
| the primary employer of the state official or employee shall pay | 739 |
| the fee required under division (E)(1) or (F) of this section. | 740 |
| (F) If a statement required to be filed under this section is | 741 |
| not filed by the date on which it is required to be filed, the | 742 |
| appropriate ethics commission shall assess the person required to | 743 |
| file the statement a late filing fee of ten dollars for each day | 744 |
| the statement is not filed, except that the total amount of the | 745 |
| late filing fee shall not exceed two hundred fifty dollars. | 746 |
| (G)(1) The appropriate ethics commission other than the Ohio | 747 |
| ethics commission and the joint legislative ethics committee shall | 748 |
| deposit all fees it receives under divisions (E) and (F) of this | 749 |
| section into the general revenue fund of the state. | 750 |
| (2) The Ohio ethics commission shall deposit all receipts, | 751 |
| including, but not limited to, fees it receives under divisions | 752 |
| (E) and (F) of this section and all moneys it receives from | 753 |
| settlements under division (G) of section 102.06 of the Revised | 754 |
| Code, into the Ohio ethics commission fund, which is hereby | 755 |
| created in the state treasury. All moneys credited to the fund | 756 |
| shall be used solely for expenses related to the operation and | 757 |
| statutory functions of the commission. | 758 |
| (3) The joint legislative ethics committee shall deposit all | 759 |
| receipts it receives from the payment of financial disclosure | 760 |
| statement filing fees under divisions (E) and (F) of this section | 761 |
| into the joint legislative ethics committee investigative fund. | 762 |
| (H) Division (A) of this section does not apply to a person | 763 |
| elected or appointed to the office of precinct, ward, or district | 764 |
| committee member under Chapter 3517. of the Revised Code; a | 765 |
| presidential elector; a delegate to a national convention; village | 766 |
| or township officials and employees; any physician or psychiatrist | 767 |
|
who is paid a salary or wage in accordance with | 768 |
|
section 124.15 or | 769 |
| Code and whose primary duties do not require the exercise of | 770 |
| administrative discretion; or any member of a board, commission, | 771 |
| or bureau of any county or city who receives less than one | 772 |
| thousand dollars per year for serving in that position. | 773 |
| Sec. 103.74. The correctional institution inspection | 774 |
| committee may employ a director and any other nonlegal staff, who | 775 |
| shall be in the unclassified service of the state, that are | 776 |
| necessary for the committee to carry out its duties and may | 777 |
| contract for the services of whatever nonlegal technical advisors | 778 |
| are necessary for the committee to carry out its duties. The | 779 |
| attorney general shall act as legal counsel to the committee. | 780 |
| The chairperson and vice-chairperson of the legislative | 781 |
| service commission shall fix the compensation of the director. The | 782 |
| director, with the approval of the director of the legislative | 783 |
| service commission, shall fix the compensation of other staff of | 784 |
| the committee in accordance with a salary schedule established by | 785 |
| the director of the legislative service commission. The director | 786 |
| of the legislative service commission, when establishing the | 787 |
| salary schedule, shall require performance to be the only basis, | 788 |
| and the director of the correctional institution inspection | 789 |
| committee shall use performance as the only basis for an | 790 |
| employee's progression through the schedule. Contracts for the | 791 |
| services of necessary technical advisors shall be approved by the | 792 |
| director of the legislative service commission. | 793 |
| The general assembly shall biennially appropriate to the | 794 |
| correctional institution inspection committee an amount sufficient | 795 |
| to enable the committee to perform its duties. Salaries and | 796 |
| expenses incurred by the committee shall be paid from that | 797 |
| appropriation upon vouchers approved by the chairperson of the | 798 |
| committee. | 799 |
| Sec. 109.33. The attorney general may appoint, with salaries | 800 |
|
fixed | 801 |
| the attorney general based on performance, such assistants and may | 802 |
| employ such stenographers and clerks as may be necessary to carry | 803 |
| out sections 109.23 to 109.33 of the Revised Code. The attorney | 804 |
| general may also employ experts for assistance in any specific | 805 |
| matter at a reasonable rate of compensation. | 806 |
| Sec. 122.40. (A) There is hereby created the development | 807 |
| financing advisory council to assist in carrying out the programs | 808 |
| created pursuant to sections 122.39 to 122.62 and Chapter 166. of | 809 |
| the Revised Code. | 810 |
| (B) The council shall consist of eight members appointed by | 811 |
| the governor, with the advice and consent of the senate, who are | 812 |
| selected for their knowledge of and experience in economic | 813 |
| development financing, one member of the senate appointed by the | 814 |
| president of the senate, one member of the house of | 815 |
| representatives appointed by the speaker of the house of | 816 |
| representatives, and the director of development or the director's | 817 |
| designee. With respect to the council: | 818 |
| (1) No more than four members of the council appointed by the | 819 |
| governor shall be members of the same political party. | 820 |
| (2) Each member shall hold office from the date of the | 821 |
| member's appointment until the end of the term for which the | 822 |
| member was appointed. | 823 |
| (3) The terms of office for the eight members appointed by | 824 |
| the governor shall be for five years commencing on the first day | 825 |
| of January and ending on the thirty-first day of December. The | 826 |
| members appointed by the governor who are serving terms of office | 827 |
| of seven years on December 30, 2004, shall continue to serve those | 828 |
| terms, but their successors in office, including the filling of a | 829 |
| vacancy occurring prior to the expiration of those terms, shall be | 830 |
| appointed for terms of five years in accordance with this | 831 |
| division. | 832 |
| (4) Any member of the council is eligible for reappointment. | 833 |
| (5) As a term of a member of the council appointed by the | 834 |
| governor expires, the governor shall appoint a successor with the | 835 |
| advice and consent of the senate. | 836 |
| (6) Except as otherwise provided in division (B)(3) of this | 837 |
| section, any member appointed to fill a vacancy occurring prior to | 838 |
| the expiration of the term for which the member's predecessor was | 839 |
| appointed shall hold office for the remainder of the predecessor's | 840 |
| term. | 841 |
| (7) Any member shall continue in office subsequent to the | 842 |
| expiration date of the member's term until the member's successor | 843 |
| takes office, or until a period of sixty days has elapsed, | 844 |
| whichever occurs first. | 845 |
| (8) Before entering upon duties as a member of the council, | 846 |
| each member shall take an oath provided by Section 7 of Article | 847 |
| XV, Ohio Constitution. | 848 |
| (9) The governor may, at any time, remove any nonlegislative | 849 |
| member pursuant to section 3.04 of the Revised Code. | 850 |
| (10) Members of the council, notwithstanding section 101.26 | 851 |
| of the Revised Code with respect to members who are members of the | 852 |
| general assembly, shall receive their necessary and actual | 853 |
| expenses while engaged in the business of the council and shall be | 854 |
|
paid | 855 |
| established in rules by the director of administrative services | 856 |
| under division (A) of section 124.15 of the Revised Code. | 857 |
| (11) Six members of the council constitute a quorum and the | 858 |
| affirmative vote of six members is necessary for any action taken | 859 |
| by the council. | 860 |
| (12) In the event of the absence of a member appointed by the | 861 |
| president of the senate or by the speaker of the house of | 862 |
| representatives, the following persons may serve in the member's | 863 |
| absence: the president of the senate or the speaker of the house, | 864 |
| as the case may be, or a member of the senate or of the house of | 865 |
| representatives, of the same political party as the development | 866 |
| financing advisory council member, designated by the president of | 867 |
| the senate or the speaker of the house. | 868 |
| Sec. 122.64. (A) There is hereby established in the | 869 |
| department of development a division of economic development. The | 870 |
| division shall be supervised by a deputy director appointed by the | 871 |
| director of development. | 872 |
| The division is responsible for the administration of the | 873 |
| state economic development financing programs established pursuant | 874 |
| to sections 122.17 and 122.18, sections 122.39 to 122.62, and | 875 |
| Chapter 166. of the Revised Code and for coordinating the | 876 |
| activities of the development financing advisory council so as to | 877 |
| ensure the efficient administration of the programs. | 878 |
| (B) The director of development shall: | 879 |
| (1) Appoint an individual to serve as director of the | 880 |
| development financing advisory council; | 881 |
| (2) Receive applications for assistance pursuant to sections | 882 |
| 122.39 to 122.62 and Chapter 166. of the Revised Code. The | 883 |
| director shall process the applications and, except as provided in | 884 |
| division (C)(2) of section 166.05 of the Revised Code, forward | 885 |
| them to the development financing advisory council. As | 886 |
| appropriate, the director shall receive the recommendations of the | 887 |
| council as to applications for assistance. | 888 |
| (3) With the approval of the director of administrative | 889 |
| services, establish salary schedules for employees of the various | 890 |
| positions of employment with the division and assign the various | 891 |
| positions to those salary schedules; | 892 |
| (4) Furnish and pay for, out of funds appropriated to the | 893 |
| department of development for that purpose, office space and | 894 |
| associated utilities service, for the development financing | 895 |
| advisory council; | 896 |
| (5) Employ and fix the compensation of financial consultants, | 897 |
| appraisers, consulting engineers, superintendents, managers, | 898 |
| construction and accounting experts, attorneys, and other agents | 899 |
| for the assistance programs authorized pursuant to sections 122.17 | 900 |
| and 122.18, sections 122.39 to 122.62, and Chapter 166. of the | 901 |
| Revised Code as are necessary; | 902 |
| (6) Supervise the administrative operations of the division; | 903 |
| (7) On or before the first day of October in each year, make | 904 |
| an annual report of the activities and operations under assistance | 905 |
| programs authorized pursuant to sections 122.39 to 122.62 and | 906 |
| Chapter 166. of the Revised Code for the preceding fiscal year to | 907 |
| the governor and the general assembly. Each such report shall set | 908 |
| forth a complete operating and financial statement covering such | 909 |
| activities and operations during the year in accordance with | 910 |
| generally accepted accounting principles and shall be audited by a | 911 |
| certified public accountant. The director of development shall | 912 |
| transmit a copy of the audited financial report to the office of | 913 |
| budget and management. | 914 |
| (C) The director of development, when establishing the salary | 915 |
| schedules required under division (B)(3) of this section, shall | 916 |
| use performance as the only basis for an employee's progression | 917 |
| through the schedule. | 918 |
| Sec. 122.72. (A) There is hereby created the minority | 919 |
| development financing advisory board to assist in carrying out the | 920 |
| programs created pursuant to sections 122.71 to 122.89 of the | 921 |
| Revised Code. | 922 |
| (B) The board shall consist of ten members. The director of | 923 |
| development or the director's designee shall be a voting member on | 924 |
| the board. Seven members shall be appointed by the governor with | 925 |
| the advice and consent of the senate and selected because of their | 926 |
| knowledge of and experience in industrial, business, and | 927 |
| commercial financing, suretyship, construction, and their | 928 |
| understanding of the problems of minority business enterprises; | 929 |
| one member also shall be a member of the senate and appointed by | 930 |
| the president of the senate, and one member also shall be a member | 931 |
| of the house of representatives and appointed by the speaker of | 932 |
| the house of representatives. With respect to the board, all of | 933 |
| the following apply: | 934 |
| (1) Not more than four of the members of the board appointed | 935 |
| by the governor shall be of the same political party. | 936 |
| (2) Each member shall hold office from the date of the | 937 |
| member's appointment until the end of the term for which the | 938 |
| member was appointed. | 939 |
| (3) The terms of office for the seven members appointed by | 940 |
| the governor shall be for seven years, commencing on the first day | 941 |
| of October and ending on the thirtieth day of September of the | 942 |
| seventh year, except that of the original seven members, three | 943 |
| shall be appointed for three years and two shall be appointed for | 944 |
| five years. | 945 |
| (4) Any member of the board is eligible for reappointment. | 946 |
| (5) Any member appointed to fill a vacancy occurring prior to | 947 |
| the expiration of the term for which the member's predecessor was | 948 |
| appointed shall hold office for the remainder of the predecessor's | 949 |
| term. | 950 |
| (6) Any member shall continue in office subsequent to the | 951 |
| expiration date of the member's term until the member's successor | 952 |
| takes office, or until a period of sixty days has elapsed, | 953 |
| whichever occurs first. | 954 |
| (7) Before entering upon official duties as a member of the | 955 |
| board, each member shall take an oath as provided by Section 7 of | 956 |
| Article XV, Ohio Constitution. | 957 |
| (8) The governor may, at any time, remove any member | 958 |
| appointed by the governor pursuant to section 3.04 of the Revised | 959 |
| Code. | 960 |
| (9) Notwithstanding section 101.26 of the Revised Code, | 961 |
| members shall receive their necessary and actual expenses while | 962 |
|
engaged in the business of the board and shall be paid | 963 |
|
per diem rate | 964 |
| adopted by the director of administrative services under division | 965 |
| (A) of section 124.15 of the Revised Code. | 966 |
| (10) Six members of the board constitute a quorum and the | 967 |
| affirmative vote of six members is necessary for any action taken | 968 |
| by the board. | 969 |
| (11) In the event of the absence of a member appointed by the | 970 |
| president of the senate or by the speaker of the house of | 971 |
| representatives, either of the following persons may serve in the | 972 |
| member's absence: | 973 |
| (a) The president of the senate or the speaker of the house | 974 |
| of representatives, whoever appointed the absent member; | 975 |
| (b) A member of the senate or of the house of representatives | 976 |
| of the same political party as the absent member, as designated by | 977 |
| the president of the senate or the speaker of the house of | 978 |
| representatives, whoever appointed the absent member. | 979 |
| (12) The board shall annually elect one of its members as | 980 |
| chairperson and another as vice-chairperson. | 981 |
| Sec. 124.11. The civil service of the state and the several | 982 |
| counties, cities, civil service townships, city health districts, | 983 |
| general health districts, and city school districts of the state | 984 |
| shall be divided into the unclassified service and the classified | 985 |
| service. | 986 |
| (A) The unclassified service shall comprise the following | 987 |
| positions, which shall not be included in the classified service, | 988 |
| and which shall be exempt from all examinations required by this | 989 |
| chapter: | 990 |
| (1) All officers elected by popular vote or persons appointed | 991 |
| to fill vacancies in those offices; | 992 |
| (2) All election officers as defined in section 3501.01 of | 993 |
| the Revised Code; | 994 |
| (3)(a) The members of all boards and commissions, and heads | 995 |
| of principal departments, boards, and commissions appointed by the | 996 |
| governor or by and with the governor's consent; | 997 |
| (b) The heads of all departments appointed by a board of | 998 |
| county commissioners; | 999 |
| (c) The members of all boards and commissions and all heads | 1000 |
| of departments appointed by the mayor, or, if there is no mayor, | 1001 |
| such other similar chief appointing authority of any city or city | 1002 |
| school district; | 1003 |
| Except as otherwise provided in division (A)(17) or (C) of | 1004 |
| this section, this chapter does not exempt the chiefs of police | 1005 |
| departments and chiefs of fire departments of cities or civil | 1006 |
| service townships from the competitive classified service. | 1007 |
| (4) The members of county or district licensing boards or | 1008 |
| commissions and boards of revision, and not more than five deputy | 1009 |
| county auditors; | 1010 |
| (5) All officers and employees elected or appointed by either | 1011 |
| or both branches of the general assembly, and employees of the | 1012 |
| city legislative authority engaged in legislative duties; | 1013 |
| (6) All commissioned, warrant, and noncommissioned officers | 1014 |
| and enlisted persons in the Ohio organized militia, including | 1015 |
| military appointees in the adjutant general's department; | 1016 |
| (7)(a) All presidents, business managers, administrative | 1017 |
| officers, superintendents, assistant superintendents, principals, | 1018 |
| deans, assistant deans, instructors, teachers, and such employees | 1019 |
| as are engaged in educational or research duties connected with | 1020 |
| the public school system, colleges, and universities, as | 1021 |
| determined by the governing body of the public school system, | 1022 |
| colleges, and universities; | 1023 |
| (b) The library staff of any library in the state supported | 1024 |
| wholly or in part at public expense. | 1025 |
| (8) Four clerical and administrative support employees for | 1026 |
| each of the elective state officers, four clerical and | 1027 |
| administrative support employees for each board of county | 1028 |
| commissioners and one such employee for each county commissioner, | 1029 |
| and four clerical and administrative support employees for other | 1030 |
| elective officers and each of the principal appointive executive | 1031 |
| officers, boards, or commissions, except for civil service | 1032 |
| commissions, that are authorized to appoint such clerical and | 1033 |
| administrative support employees; | 1034 |
| (9) The deputies and assistants of state agencies authorized | 1035 |
| to act for and on behalf of the agency, or holding a fiduciary or | 1036 |
| administrative relation to that agency and those persons employed | 1037 |
| by and directly responsible to elected county officials or a | 1038 |
| county administrator and holding a fiduciary or administrative | 1039 |
| relationship to such elected county officials or county | 1040 |
| administrator, and the employees of such county officials whose | 1041 |
| fitness would be impracticable to determine by competitive | 1042 |
| examination, provided that division (A)(9) of this section shall | 1043 |
| not affect those persons in county employment in the classified | 1044 |
| service as of September 19, 1961. Nothing in division (A)(9) of | 1045 |
| this section applies to any position in a county department of job | 1046 |
| and family services created pursuant to Chapter 329. of the | 1047 |
| Revised Code. | 1048 |
| (10) Bailiffs, constables, official stenographers, and | 1049 |
| commissioners of courts of record, deputies of clerks of the | 1050 |
| courts of common pleas who supervise or who handle public moneys | 1051 |
| or secured documents, and such officers and employees of courts of | 1052 |
| record and such deputies of clerks of the courts of common pleas | 1053 |
| as the director of administrative services finds it impracticable | 1054 |
| to determine their fitness by competitive examination; | 1055 |
| (11) Assistants to the attorney general, special counsel | 1056 |
| appointed or employed by the attorney general, assistants to | 1057 |
| county prosecuting attorneys, and assistants to city directors of | 1058 |
| law; | 1059 |
| (12) Such teachers and employees in the agricultural | 1060 |
| experiment stations; such students in normal schools, colleges, | 1061 |
| and universities of the state who are employed by the state or a | 1062 |
| political subdivision of the state in student or intern | 1063 |
| classifications; and such unskilled labor positions as the | 1064 |
| director of administrative services or any municipal civil service | 1065 |
| commission may find it impracticable to include in the competitive | 1066 |
| classified service; provided such exemptions shall be by order of | 1067 |
| the commission or the director, duly entered on the record of the | 1068 |
| commission or the director with the reasons for each such | 1069 |
| exemption; | 1070 |
| (13) Any physician or dentist who is a full-time employee of | 1071 |
| the department of mental health, the department of developmental | 1072 |
| disabilities, or an institution under the jurisdiction of either | 1073 |
| department; and physicians who are in residency programs at the | 1074 |
| institutions; | 1075 |
| (14) Up to twenty positions at each institution under the | 1076 |
| jurisdiction of the department of mental health or the department | 1077 |
| of developmental disabilities that the department director | 1078 |
| determines to be primarily administrative or managerial; and up to | 1079 |
| fifteen positions in any division of either department, excluding | 1080 |
| administrative assistants to the director and division chiefs, | 1081 |
| which are within the immediate staff of a division chief and which | 1082 |
| the director determines to be primarily and distinctively | 1083 |
| administrative and managerial; | 1084 |
| (15) Noncitizens of the United States employed by the state, | 1085 |
| or its counties or cities, as physicians or nurses who are duly | 1086 |
| licensed to practice their respective professions under the laws | 1087 |
| of this state, or medical assistants, in mental or chronic disease | 1088 |
| hospitals, or institutions; | 1089 |
| (16) Employees of the governor's office; | 1090 |
| (17) Fire chiefs and chiefs of police in civil service | 1091 |
| townships appointed by boards of township trustees under section | 1092 |
| 505.38 or 505.49 of the Revised Code; | 1093 |
| (18) Executive directors, deputy directors, and program | 1094 |
| directors employed by boards of alcohol, drug addiction, and | 1095 |
| mental health services under Chapter 340. of the Revised Code, and | 1096 |
| secretaries of the executive directors, deputy directors, and | 1097 |
| program directors; | 1098 |
| (19) Superintendents, and management employees as defined in | 1099 |
| section 5126.20 of the Revised Code, of county boards of | 1100 |
| developmental disabilities; | 1101 |
| (20) Physicians, nurses, and other employees of a county | 1102 |
| hospital who are appointed pursuant to sections 339.03 and 339.06 | 1103 |
| of the Revised Code; | 1104 |
| (21) The executive director of the state medical board, who | 1105 |
| is appointed pursuant to division (B) of section 4731.05 of the | 1106 |
| Revised Code; | 1107 |
| (22) County directors of job and family services as provided | 1108 |
| in section 329.02 of the Revised Code and administrators appointed | 1109 |
| under section 329.021 of the Revised Code; | 1110 |
| (23) A director of economic development who is hired pursuant | 1111 |
| to division (A) of section 307.07 of the Revised Code; | 1112 |
| (24) Chiefs of construction and compliance, of operations and | 1113 |
| maintenance, of worker protection, and of licensing and | 1114 |
| certification in the division of labor in the department of | 1115 |
| commerce; | 1116 |
| (25) The executive director of a county transit system | 1117 |
| appointed under division (A) of section 306.04 of the Revised | 1118 |
| Code; | 1119 |
| (26) Up to five positions at each of the administrative | 1120 |
| departments listed in section 121.02 of the Revised Code and at | 1121 |
| the department of taxation, department of the adjutant general, | 1122 |
| department of education, Ohio board of regents, bureau of workers' | 1123 |
| compensation, industrial commission, state lottery commission, and | 1124 |
| public utilities commission of Ohio that the head of that | 1125 |
| administrative department or of that other state agency determines | 1126 |
| to be involved in policy development and implementation. The head | 1127 |
| of the administrative department or other state agency shall set | 1128 |
|
the compensation for employees in these positions | 1129 |
| 1130 | |
| 1131 | |
| 1132 | |
| 1133 | |
| services. The authority to establish positions in the unclassified | 1134 |
| service under division (A)(26) of this section is in addition to | 1135 |
| and does not limit any other authority that an administrative | 1136 |
| department or state agency has under the Revised Code to establish | 1137 |
| positions, appoint employees, or set compensation. | 1138 |
| (27) Employees of the department of agriculture employed | 1139 |
| under section 901.09 of the Revised Code; | 1140 |
| (28) For cities, counties, civil service townships, city | 1141 |
| health districts, general health districts, and city school | 1142 |
| districts, the deputies and assistants of elective or principal | 1143 |
| executive officers authorized to act for and in the place of their | 1144 |
| principals or holding a fiduciary relation to their principals; | 1145 |
| (29) Employees who receive intermittent or temporary | 1146 |
| appointments under division (B) of section 124.30 of the Revised | 1147 |
| Code; | 1148 |
| (30) Employees appointed to administrative staff positions | 1149 |
| for which an appointing authority is given specific statutory | 1150 |
| authority to set compensation; | 1151 |
| (31) Employees appointed to highway patrol cadet or highway | 1152 |
| patrol cadet candidate classifications; | 1153 |
| (32) Employees placed in the unclassified service by another | 1154 |
| section of the Revised Code. | 1155 |
| (B) The classified service shall comprise all persons in the | 1156 |
| employ of the state and the several counties, cities, city health | 1157 |
| districts, general health districts, and city school districts of | 1158 |
| the state, not specifically included in the unclassified service. | 1159 |
| Upon the creation by the board of trustees of a civil service | 1160 |
| township civil service commission, the classified service shall | 1161 |
| also comprise, except as otherwise provided in division (A)(17) or | 1162 |
| (C) of this section, all persons in the employ of a civil service | 1163 |
| township police or fire department having ten or more full-time | 1164 |
| paid employees. The classified service consists of two classes, | 1165 |
| which shall be designated as the competitive class and the | 1166 |
| unskilled labor class. | 1167 |
| (1) The competitive class shall include all positions and | 1168 |
| employments in the state and the counties, cities, city health | 1169 |
| districts, general health districts, and city school districts of | 1170 |
| the state, and, upon the creation by the board of trustees of a | 1171 |
| civil service township of a township civil service commission, all | 1172 |
| positions in a civil service township police or fire department | 1173 |
| having ten or more full-time paid employees, for which it is | 1174 |
| practicable to determine the merit and fitness of applicants by | 1175 |
| competitive examinations. Appointments shall be made to, or | 1176 |
| employment shall be given in, all positions in the competitive | 1177 |
| class that are not filled by promotion, reinstatement, transfer, | 1178 |
| or reduction, as provided in this chapter, and the rules of the | 1179 |
| director of administrative services, by appointment from those | 1180 |
| certified to the appointing officer in accordance with this | 1181 |
| chapter. | 1182 |
| (2) The unskilled labor class shall include ordinary | 1183 |
| unskilled laborers. Vacancies in the labor class for positions in | 1184 |
| service of the state shall be filled by appointment from lists of | 1185 |
| applicants registered by the director. Vacancies in the labor | 1186 |
| class for all other positions shall be filled by appointment from | 1187 |
| lists of applicants registered by a commission. The director or | 1188 |
| the commission, as applicable, by rule, shall require an applicant | 1189 |
| for registration in the labor class to furnish evidence or take | 1190 |
| tests as the director or commission considers proper with respect | 1191 |
| to age, residence, physical condition, ability to labor, honesty, | 1192 |
| sobriety, industry, capacity, and experience in the work or | 1193 |
| employment for which application is made. Laborers who fulfill the | 1194 |
| requirements shall be placed on the eligible list for the kind of | 1195 |
| labor or employment sought, and preference shall be given in | 1196 |
| employment in accordance with the rating received from that | 1197 |
| evidence or in those tests. Upon the request of an appointing | 1198 |
| officer, stating the kind of labor needed, the pay and probable | 1199 |
| length of employment, and the number to be employed, the director | 1200 |
| or commission, as applicable, shall certify from the highest on | 1201 |
| the list double the number to be employed; from this number, the | 1202 |
| appointing officer shall appoint the number actually needed for | 1203 |
| the particular work. If more than one applicant receives the same | 1204 |
| rating, priority in time of application shall determine the order | 1205 |
| in which their names shall be certified for appointment. | 1206 |
| (C) A municipal or civil service township civil service | 1207 |
| commission may place volunteer firefighters who are paid on a | 1208 |
| fee-for-service basis in either the classified or the unclassified | 1209 |
| civil service. | 1210 |
| (D) This division does not apply to persons in the | 1211 |
| unclassified service who have the right to resume positions in the | 1212 |
| classified service under sections 4121.121, 5119.071, 5120.38, | 1213 |
| 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised | 1214 |
| Code. | 1215 |
| An appointing authority whose employees are paid directly by | 1216 |
| warrant of the director of budget and management may appoint a | 1217 |
| person who holds a certified position in the classified service | 1218 |
| within the appointing authority's agency to a position in the | 1219 |
| unclassified service within that agency. A person appointed | 1220 |
| pursuant to this division to a position in the unclassified | 1221 |
| service shall retain the right to resume the position and status | 1222 |
| held by the person in the classified service immediately prior to | 1223 |
| the person's appointment to the position in the unclassified | 1224 |
| service, regardless of the number of positions the person held in | 1225 |
| the unclassified service. An employee's right to resume a position | 1226 |
| in the classified service may only be exercised when an appointing | 1227 |
| authority demotes the employee to a pay range lower than the | 1228 |
| employee's current pay range or revokes the employee's appointment | 1229 |
| to the unclassified service. An employee forfeits the right to | 1230 |
| resume a position in the classified service when the employee is | 1231 |
| removed from the position in the unclassified service due to | 1232 |
| incompetence, inefficiency, dishonesty, drunkenness, immoral | 1233 |
| conduct, insubordination, discourteous treatment of the public, | 1234 |
| neglect of duty, violation of this chapter or the rules of the | 1235 |
| director of administrative services, any other failure of good | 1236 |
| behavior, any other acts of misfeasance, malfeasance, or | 1237 |
| nonfeasance in office, or conviction of a felony. An employee also | 1238 |
| forfeits the right to resume a position in the classified service | 1239 |
| upon transfer to a different agency. | 1240 |
| Reinstatement to a position in the classified service shall | 1241 |
| be to a position substantially equal to that position in the | 1242 |
| classified service held previously, as certified by the director | 1243 |
| of administrative services. If the position the person previously | 1244 |
| held in the classified service has been placed in the unclassified | 1245 |
| service or is otherwise unavailable, the person shall be appointed | 1246 |
| to a position in the classified service within the appointing | 1247 |
| authority's agency that the director of administrative services | 1248 |
| certifies is comparable in compensation to the position the person | 1249 |
| previously held in the classified service. Service in the position | 1250 |
| in the unclassified service shall be counted as service in the | 1251 |
| position in the classified service held by the person immediately | 1252 |
| prior to the person's appointment to the position in the | 1253 |
| unclassified service. When a person is reinstated to a position in | 1254 |
| the classified service as provided in this division, the person is | 1255 |
| entitled to all rights, status, and benefits accruing to the | 1256 |
| position in the classified service during the person's time of | 1257 |
| service in the position in the unclassified service. | 1258 |
| Sec. 124.134. (A) Each full-time permanent state employee | 1259 |
| paid in accordance with section 124.152 of the Revised Code and | 1260 |
| those employees listed in divisions (B)(2) and (4) of section | 1261 |
| 124.14 of the Revised Code shall be credited with vacation leave | 1262 |
| with full pay according to length of service and accruing at a | 1263 |
| corresponding rate per biweekly pay period, as follows: | 1264 |
| Length of Service | Accrual Rate Per Pay Period | 1265 | |
| Less than 4 years | 3.1 hours | 1266 | |
| 4 but less than 9 years | 4.6 hours | 1267 | |
| 9 but less than 14 years | 6.2 hours | 1268 | |
| 14 but less than 19 years | 6.9 hours | 1269 | |
| 19 |
7.7 hours | 1270 | |
| 1271 |
| Fifty-two weeks equal one year of service. | 1272 |
| The amount of an employee's service shall be determined in | 1273 |
| accordance with the standard specified in section 9.44 of the | 1274 |
| Revised Code. Credit for prior service, including an increased | 1275 |
|
vacation accrual rate | 1276 |
| during the first pay period that begins immediately following the | 1277 |
| date the director of administrative services approves granting | 1278 |
| credit for that prior service. No employee, other than an employee | 1279 |
| who submits proof of prior service within ninety days after the | 1280 |
| date of the employee's hiring, shall receive any amount of | 1281 |
| vacation leave for the period prior to the date of the director's | 1282 |
| approval of the grant of credit for prior service. | 1283 |
| Part-time permanent employees who are paid in accordance with | 1284 |
| section 124.152 of the Revised Code and full-time permanent | 1285 |
| employees subject to this section who are in active pay status for | 1286 |
| less than eighty hours in a pay period shall earn vacation leave | 1287 |
| on a prorated basis. The ratio between the hours worked and the | 1288 |
| vacation hours earned by these classes of employees shall be the | 1289 |
| same as the ratio between the hours worked and the vacation hours | 1290 |
| earned by a full-time permanent employee with the same amount of | 1291 |
| service as provided for in this section. | 1292 |
| Vacation leave is not available for use until it appears on | 1293 |
| the employee's earning statement and the compensation described in | 1294 |
| the earning statement is available to the employee. An employee | 1295 |
| may begin using accrued vacation leave upon completion of the | 1296 |
| employee's initial probation period. A probationary period that | 1297 |
| follows a separation from service that is less than thirty-one | 1298 |
| days is not considered an initial probation period for purposes of | 1299 |
| this section. | 1300 |
| (B) Employees granted leave under this section shall forfeit | 1301 |
| their right to take or to be paid for any vacation leave to their | 1302 |
| credit which is in excess of the accrual for three years. An | 1303 |
| employee who is accruing vacation leave at a rate of 9.2 hours per | 1304 |
| pay period and whose vacation leave balance exceeds six hundred | 1305 |
| hours on the effective date of this amendment shall forfeit the | 1306 |
| employee's right to take or be paid for any vacation leave to the | 1307 |
| employee's credit that is in excess of seven hundred twenty hours. | 1308 |
| Any excess leave shall be eliminated from the employees' leave | 1309 |
| balance. | 1310 |
| (C) Except as provided in division (D) of this section, | 1311 |
| beginning in fiscal year 2012, an employee may be paid for up to | 1312 |
| eighty hours of vacation leave each fiscal year if the employee | 1313 |
| requested and was denied the use of vacation leave during that | 1314 |
| fiscal year. No employee shall receive payment for more than | 1315 |
| eighty hours of denied vacation leave in a single fiscal year. An | 1316 |
| employee is only eligible to receive payment for vacation leave | 1317 |
| when the employee's vacation leave credit is at, or will reach in | 1318 |
| the immediately following pay period, the maximum of the accrual | 1319 |
| for three years and the employee has been denied the use of | 1320 |
| vacation leave. An employee is not entitled to receive payment for | 1321 |
| vacation leave denied in any pay period in which the employee's | 1322 |
| vacation leave credit is not at, or will not reach in the | 1323 |
| immediately following pay period, the maximum of accrual for three | 1324 |
| years. Any vacation leave for which an employee receives payment | 1325 |
| shall be deducted from the employee's vacation leave balance. No | 1326 |
| employee is eligible to receive payment for denied vacation leave | 1327 |
| in either fiscal year 2010 or fiscal year 2011. | 1328 |
| (D) The supreme court, general assembly, secretary of state, | 1329 |
| auditor of state, treasurer of state, and attorney general may | 1330 |
| establish by policy an alternate payment structure for employees | 1331 |
| whose vacation leave credit is at, or will reach in the | 1332 |
| immediately following pay period, the maximum of accrual for three | 1333 |
| years and the employee has been denied the use of vacation leave. | 1334 |
| An employee is not entitled to receive payment for vacation leave | 1335 |
| denied in any pay period in which the employee's vacation leave | 1336 |
| credit is not at, or will not reach in the immediately following | 1337 |
| pay period, the maximum of accrual for three years. Any vacation | 1338 |
| leave for which the employee receives payment shall be deducted | 1339 |
| from the employee's vacation leave balance. | 1340 |
| (E) Upon separation from state service, an employee granted | 1341 |
| leave under this section is entitled to compensation at the | 1342 |
| employee's current rate of pay for all unused vacation leave | 1343 |
| accrued under this section or section 124.13 of the Revised Code | 1344 |
| to the employee's credit. In case of transfer of an employee from | 1345 |
| one state agency to another, the employee shall retain the accrued | 1346 |
| and unused vacation leave. In case of the death of an employee, | 1347 |
| the unused vacation leave shall be paid in accordance with section | 1348 |
| 2113.04 of the Revised Code, or to the employee's estate. An | 1349 |
| employee serving in a temporary work level who is eligible to | 1350 |
| receive compensation under this division shall be compensated at | 1351 |
| the base rate of pay of the employee's normal classification. | 1352 |
| (F) Notwithstanding any provision of Chapter 4117. of the | 1353 |
| Revised Code to the contrary, no collective bargaining agreement | 1354 |
| that is modified, renewed, extended, or entered into on or after | 1355 |
| the effective date of this amendment shall provide vacation leave | 1356 |
| in an amount greater than the vacation leave provided by this | 1357 |
| section. | 1358 |
| Sec. 124.14. (A)(1) The director of administrative services | 1359 |
| shall establish, and may modify or rescind, by rule, a job | 1360 |
| classification plan for all positions, offices, and employments | 1361 |
| the salaries of which are paid in whole or in part by the state. | 1362 |
| The director shall group jobs within a classification so that the | 1363 |
| positions are similar enough in duties and responsibilities to be | 1364 |
| described by the same title, to have the same pay assigned with | 1365 |
| equity, and to have the same qualifications for selection applied. | 1366 |
| The director shall, by rule, assign a classification title to each | 1367 |
| classification within the classification plan. However, the | 1368 |
| director shall consider in establishing classifications, including | 1369 |
| classifications with parenthetical titles, and assigning pay | 1370 |
| ranges such factors as duties performed only on one shift, special | 1371 |
| skills in short supply in the labor market, recruitment problems, | 1372 |
| separation rates, comparative salary rates, the amount of training | 1373 |
| required, and other conditions affecting employment. The director | 1374 |
| shall describe the duties and responsibilities of the class, | 1375 |
| establish the qualifications for being employed in each position | 1376 |
| in the class, and file with the secretary of state a copy of | 1377 |
| specifications for all of the classifications. The director shall | 1378 |
| file new, additional, or revised specifications with the secretary | 1379 |
| of state before they are used. | 1380 |
| The director shall, by rule, assign each classification, | 1381 |
| either on a statewide basis or in particular counties or state | 1382 |
| institutions, to a pay range established under section 124.15 or | 1383 |
| section 124.152 of the Revised Code. The director may assign a | 1384 |
| classification to a pay range on a temporary basis for a period of | 1385 |
| six months. The director may establish, by rule adopted under | 1386 |
| Chapter 119. of the Revised Code, experimental classification | 1387 |
| plans for some or all employees paid directly by warrant of the | 1388 |
| director of budget and management. The rule shall include | 1389 |
| specifications for each classification within the plan and shall | 1390 |
| specifically address compensation ranges, and methods for | 1391 |
| advancing within the ranges, for the classifications, which may be | 1392 |
| assigned to pay ranges other than the pay ranges established under | 1393 |
| section 124.15 or 124.152 of the Revised Code. | 1394 |
| (2) The director of administrative services may reassign to a | 1395 |
| proper classification those positions that have been assigned to | 1396 |
| an improper classification. If the compensation of an employee in | 1397 |
| such a reassigned position exceeds the maximum rate of pay for the | 1398 |
|
employee's new classification, the | 1399 |
| 1400 | |
|
determine the appropriate compensation | 1401 |
| 1402 |
| (3) The director may reassign an exempt employee, as defined | 1403 |
| in section 124.152 of the Revised Code, to a bargaining unit | 1404 |
| classification if the director determines that the bargaining unit | 1405 |
| classification is the proper classification for that employee. | 1406 |
| Notwithstanding Chapter 4117. of the Revised Code or instruments | 1407 |
| and contracts negotiated under it, these placements are at the | 1408 |
| director's discretion. | 1409 |
| (4) The director shall, by rule, assign related | 1410 |
| classifications, which form a career progression, to a | 1411 |
| classification series. The director shall, by rule, assign each | 1412 |
| classification in the classification plan a five-digit number, the | 1413 |
| first four digits of which shall denote the classification series | 1414 |
| to which the classification is assigned. When a career progression | 1415 |
| encompasses more than ten classifications, the director shall, by | 1416 |
| rule, identify the additional classifications belonging to a | 1417 |
| classification series. The additional classifications shall be | 1418 |
| part of the classification series, notwithstanding the fact that | 1419 |
| the first four digits of the number assigned to the additional | 1420 |
| classifications do not correspond to the first four digits of the | 1421 |
| numbers assigned to other classifications in the classification | 1422 |
| series. | 1423 |
| (5) The director may establish, modify, or rescind a | 1424 |
| classification plan for county agencies that elect not to use the | 1425 |
| services and facilities of a county personnel department. The | 1426 |
| director shall establish any such classification plan by means of | 1427 |
| rules adopted under Chapter 119. of the Revised Code. The rules | 1428 |
| shall include a methodology for the establishment of titles unique | 1429 |
| to county agencies, the use of state classification titles and | 1430 |
| classification specifications for common positions, the criteria | 1431 |
| for a county to meet in establishing its own classification plan, | 1432 |
| and the establishment of what constitutes a classification series | 1433 |
| for county agencies. The director may assess a county agency that | 1434 |
| chooses to use the classification plan a usage fee the director | 1435 |
| determines. All usage fees the department of administrative | 1436 |
| services receives shall be paid into the state treasury to the | 1437 |
| credit of the human resources fund created in section 124.07 of | 1438 |
| the Revised Code. | 1439 |
| (B) Division (A) of this section and sections 124.15 and | 1440 |
| 124.152 of the Revised Code do not apply to the following persons, | 1441 |
| positions, offices, and employments: | 1442 |
| (1) Elected officials; | 1443 |
| (2) Legislative employees, employees of the legislative | 1444 |
| service commission, employees in the office of the governor, | 1445 |
| employees who are in the unclassified civil service and exempt | 1446 |
| from collective bargaining coverage in the office of the secretary | 1447 |
| of state, auditor of state, treasurer of state, and attorney | 1448 |
| general, and employees of the supreme court; | 1449 |
| (3) Employees of a county children services board that | 1450 |
| establishes compensation rates under section 5153.12 of the | 1451 |
| Revised Code; | 1452 |
| (4) Any position for which the authority to determine | 1453 |
| compensation is given by law to another individual or entity; | 1454 |
| (5) Employees of the bureau of workers' compensation whose | 1455 |
| compensation the administrator of workers' compensation | 1456 |
| establishes under division (B) of section 4121.121 of the Revised | 1457 |
| Code. | 1458 |
| (C) The director may employ a consulting agency to aid and | 1459 |
| assist the director in carrying out this section. | 1460 |
| (D)(1) When the director proposes to modify a classification | 1461 |
| or the assignment of classes to appropriate pay ranges, the | 1462 |
| director shall send written notice of the proposed rule to the | 1463 |
| appointing authorities of the affected employees thirty days | 1464 |
| before a hearing on the proposed rule. The appointing authorities | 1465 |
| shall notify the affected employees regarding the proposed rule. | 1466 |
| The director also shall send those appointing authorities notice | 1467 |
| of any final rule that is adopted within ten days after adoption. | 1468 |
| (2) When the director proposes to reclassify any employee so | 1469 |
| that the employee is adversely affected, the director shall give | 1470 |
| to the employee affected and to the employee's appointing | 1471 |
| authority a written notice setting forth the proposed new | 1472 |
| classification, pay range, and salary. Upon the request of any | 1473 |
| classified employee who is not serving in a probationary period, | 1474 |
| the director shall perform a job audit to review the | 1475 |
| classification of the employee's position to determine whether the | 1476 |
| position is properly classified. The director shall give to the | 1477 |
| employee affected and to the employee's appointing authority a | 1478 |
| written notice of the director's determination whether or not to | 1479 |
| reclassify the position or to reassign the employee to another | 1480 |
| classification. An employee or appointing authority desiring a | 1481 |
| hearing shall file a written request for the hearing with the | 1482 |
| state personnel board of review within thirty days after receiving | 1483 |
| the notice. The board shall set the matter for a hearing and | 1484 |
| notify the employee and appointing authority of the time and place | 1485 |
| of the hearing. The employee, the appointing authority, or any | 1486 |
| authorized representative of the employee who wishes to submit | 1487 |
| facts for the consideration of the board shall be afforded | 1488 |
| reasonable opportunity to do so. After the hearing, the board | 1489 |
| shall consider anew the reclassification and may order the | 1490 |
| reclassification of the employee and require the director to | 1491 |
| assign the employee to such appropriate classification as the | 1492 |
| facts and evidence warrant. As provided in division (A)(1) of | 1493 |
| section 124.03 of the Revised Code, the board may determine the | 1494 |
| most appropriate classification for the position of any employee | 1495 |
| coming before the board, with or without a job audit. The board | 1496 |
| shall disallow any reclassification or reassignment classification | 1497 |
| of any employee when it finds that changes have been made in the | 1498 |
| duties and responsibilities of any particular employee for | 1499 |
| political, religious, or other unjust reasons. | 1500 |
| (E)(1) Employees of each county department of job and family | 1501 |
| services shall be paid a salary or wage established by the board | 1502 |
| of county commissioners. The provisions of section 124.18 of the | 1503 |
| Revised Code concerning the standard work week apply to employees | 1504 |
| of county departments of job and family services. A board of | 1505 |
| county commissioners may do either of the following: | 1506 |
| (a) Notwithstanding any other section of the Revised Code, | 1507 |
| supplement the sick leave, vacation leave, personal leave, and | 1508 |
| other benefits of any employee of the county department of job and | 1509 |
| family services of that county, if the employee is eligible for | 1510 |
| the supplement under a written policy providing for the | 1511 |
| supplement; | 1512 |
| (b) Notwithstanding any other section of the Revised Code, | 1513 |
| establish alternative schedules of sick leave, vacation leave, | 1514 |
| personal leave, or other benefits for employees not inconsistent | 1515 |
| with the provisions of a collective bargaining agreement covering | 1516 |
| the affected employees. | 1517 |
| (2) Division (E)(1) of this section does not apply to | 1518 |
| employees for whom the state employment relations board | 1519 |
| establishes appropriate bargaining units pursuant to section | 1520 |
| 4117.06 of the Revised Code, except in either of the following | 1521 |
| situations: | 1522 |
| (a) The employees for whom the state employment relations | 1523 |
| board establishes appropriate bargaining units elect no | 1524 |
| representative in a board-conducted representation election. | 1525 |
| (b) After the state employment relations board establishes | 1526 |
| appropriate bargaining units for such employees, all employee | 1527 |
| organizations withdraw from a representation election. | 1528 |
| (F)(1) Notwithstanding any contrary provision of sections | 1529 |
| 124.01 to 124.64 of the Revised Code, the board of trustees of | 1530 |
| each state university or college, as defined in section 3345.12 of | 1531 |
| the Revised Code, shall carry out all matters of governance | 1532 |
| involving the officers and employees of the university or college, | 1533 |
| including, but not limited to, the powers, duties, and functions | 1534 |
| of the department of administrative services and the director of | 1535 |
| administrative services specified in this chapter. Officers and | 1536 |
| employees of a state university or college shall have the right of | 1537 |
| appeal to the state personnel board of review as provided in this | 1538 |
| chapter. | 1539 |
| (2) Each board of trustees shall adopt rules under section | 1540 |
| 111.15 of the Revised Code to carry out the matters of governance | 1541 |
| described in division (F)(1) of this section. Until the board of | 1542 |
| trustees adopts those rules, a state university or college shall | 1543 |
| continue to operate pursuant to the applicable rules adopted by | 1544 |
| the director of administrative services under this chapter. | 1545 |
| (G)(1) Each board of county commissioners may, by a | 1546 |
| resolution adopted by a majority of its members, establish a | 1547 |
| county personnel department to exercise the powers, duties, and | 1548 |
| functions specified in division (G) of this section. As used in | 1549 |
| division (G) of this section, "county personnel department" means | 1550 |
| a county personnel department established by a board of county | 1551 |
| commissioners under division (G)(1) of this section. | 1552 |
| (2)(a) Each board of county commissioners, by a resolution | 1553 |
| adopted by a majority of its members, may designate the county | 1554 |
| personnel department of the county to exercise the powers, duties, | 1555 |
| and functions specified in sections 124.01 to 124.64 and Chapter | 1556 |
| 325. of the Revised Code with regard to employees in the service | 1557 |
| of the county, except for the powers and duties of the state | 1558 |
| personnel board of review, which powers and duties shall not be | 1559 |
| construed as having been modified or diminished in any manner by | 1560 |
| division (G)(2) of this section, with respect to the employees for | 1561 |
| whom the board of county commissioners is the appointing authority | 1562 |
| or co-appointing authority. | 1563 |
| (b) Nothing in division (G)(2) of this section shall be | 1564 |
| construed to limit the right of any employee who possesses the | 1565 |
| right of appeal to the state personnel board of review to continue | 1566 |
| to possess that right of appeal. | 1567 |
| (c) Any board of county commissioners that has established a | 1568 |
| county personnel department may contract with the department of | 1569 |
| administrative services, another political subdivision, or an | 1570 |
| appropriate public or private entity to provide competitive | 1571 |
| testing services or other appropriate services. | 1572 |
| (3) After the county personnel department of a county has | 1573 |
| been established as described in division (G)(2) of this section, | 1574 |
| any elected official, board, agency, or other appointing authority | 1575 |
| of that county, upon written notification to the county personnel | 1576 |
| department, may elect to use the services and facilities of the | 1577 |
| county personnel department. Upon receipt of the notification by | 1578 |
| the county personnel department, the county personnel department | 1579 |
| shall exercise the powers, duties, and functions as described in | 1580 |
| division (G)(2) of this section with respect to the employees of | 1581 |
| that elected official, board, agency, or other appointing | 1582 |
| authority. | 1583 |
| (4) Each board of county commissioners, by a resolution | 1584 |
| adopted by a majority of its members, may disband the county | 1585 |
| personnel department. | 1586 |
| (5) Any elected official, board, agency, or appointing | 1587 |
| authority of a county may end its involvement with a county | 1588 |
| personnel department upon actual receipt by the department of a | 1589 |
| certified copy of the notification that contains the decision to | 1590 |
| no longer participate. | 1591 |
| (6) The director of administrative services may, by rule | 1592 |
| adopted in accordance with Chapter 119. of the Revised Code, | 1593 |
| prescribe criteria and procedures for the following: | 1594 |
| (a) A requirement that each county personnel department, in | 1595 |
|
carrying out its duties, adhere to | 1596 |
| principles with regard to employees of county departments of job | 1597 |
| and family services, child support enforcement agencies, and | 1598 |
| public child welfare agencies so that there is no threatened loss | 1599 |
| of federal funding for these agencies, and a requirement that the | 1600 |
| county be financially liable to the state for any loss of federal | 1601 |
| funds due to the action or inaction of the county personnel | 1602 |
| department. The costs associated with audits conducted to monitor | 1603 |
| compliance with division (G)(6)(a) of this section shall be | 1604 |
| reimbursed to the department of administrative services as | 1605 |
| determined by the director. All money the department receives for | 1606 |
| these audits shall be paid into the state treasury to the credit | 1607 |
| of the human resources fund created in section 124.07 of the | 1608 |
| Revised Code. | 1609 |
| (b) Authorization for the director of administrative services | 1610 |
| to conduct periodic audits and reviews of county personnel | 1611 |
| departments to guarantee the uniform application of the powers, | 1612 |
| duties, and functions exercised pursuant to division (G)(2)(a) of | 1613 |
| this section. The costs of the audits and reviews shall be | 1614 |
| reimbursed to the department of administrative services as | 1615 |
| determined by the director by the county for which the services | 1616 |
| are performed. All money the department receives shall be paid | 1617 |
| into the state treasury to the credit of the human resources fund | 1618 |
| created in section 124.07 of the Revised Code. | 1619 |
| (H) The director of administrative services shall establish | 1620 |
| the rate and method of compensation, based upon performance, for | 1621 |
| all employees who are paid directly by warrant of the director of | 1622 |
| budget and management and who are serving in positions that the | 1623 |
| director of administrative services has determined impracticable | 1624 |
| to include in the state job classification plan. When determining | 1625 |
| the performance of an employee who is a member of a police | 1626 |
| department, the director shall not consider the number or type of | 1627 |
| citations that the employee issues. This division does not apply | 1628 |
| to elected officials, legislative employees, employees of the | 1629 |
| legislative service commission, employees who are in the | 1630 |
| unclassified civil service and exempt from collective bargaining | 1631 |
| coverage in the office of the secretary of state, auditor of | 1632 |
| state, treasurer of state, and attorney general, employees of the | 1633 |
| courts, employees of the bureau of workers' compensation whose | 1634 |
| compensation the administrator of workers' compensation | 1635 |
| establishes under division (B) of section 4121.121 of the Revised | 1636 |
| Code, or employees of an appointing authority authorized by law to | 1637 |
| fix the compensation of those employees. | 1638 |
| (I) The director shall set the rate of compensation for all | 1639 |
| intermittent, seasonal, temporary, emergency, and casual employees | 1640 |
| in the service of the state who are not considered public | 1641 |
| employees under section 4117.01 of the Revised Code. Those | 1642 |
| employees are not entitled to receive employee benefits. This rate | 1643 |
| of compensation shall be equitable in terms of the rate of | 1644 |
| employees serving in the same or similar classifications. This | 1645 |
| division does not apply to elected officials, legislative | 1646 |
| employees, employees of the legislative service commission, | 1647 |
| employees who are in the unclassified civil service and exempt | 1648 |
| from collective bargaining coverage in the office of the secretary | 1649 |
| of state, auditor of state, treasurer of state, and attorney | 1650 |
| general, employees of the courts, employees of the bureau of | 1651 |
| workers' compensation whose compensation the administrator | 1652 |
| establishes under division (B) of section 4121.121 of the Revised | 1653 |
| Code, or employees of an appointing authority authorized by law to | 1654 |
| fix the compensation of those employees. | 1655 |
| (J) In no case shall the performance-based wage or salary of | 1656 |
| a public employee who is a member of any police department or a | 1657 |
| trooper in the state highway patrol be based on the number or type | 1658 |
| of citations that the employee issues. | 1659 |
| Sec. 124.15. (A) Board and commission members | 1660 |
| 1661 | |
| 1662 |
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| based upon performance within the ranges established or modified | 1770 |
| in rules adopted by the director of administrative services, | 1771 |
| unless compensation for members of a board or commission otherwise | 1772 |
| is specifically provided by law. The director shall adopt rules to | 1773 |
| develop a performance pay system. Unless otherwise provided, if an | 1774 |
| appointing authority is authorized by the Revised Code to fix the | 1775 |
| wage or salary of a public employee without reference to this | 1776 |
| chapter or other parameters, the appointing authority shall fix | 1777 |
| the public employee's wage or salary based on performance in | 1778 |
| accordance with the rules the director adopts. | 1779 |
| (B) The pay schedule of all employees shall be on a biweekly | 1780 |
| basis, with amounts computed on an hourly basis. | 1781 |
| (C) Part-time employees shall be compensated on an hourly | 1782 |
|
basis for time worked, | 1783 |
|
division (A) of this section or | 1784 |
| Revised Code. | 1785 |
| (D) The salary and wage rates | 1786 |
|
(A) of this section or | 1787 |
| Code represent base rates of compensation and may be augmented by | 1788 |
| the provisions of section 124.181 of the Revised Code. In those | 1789 |
| cases where lodging, meals, laundry, or other personal services | 1790 |
| are furnished an employee in the service of the state, the actual | 1791 |
| costs or fair market value of the personal services shall be paid | 1792 |
| by the employee in such amounts and manner as determined by the | 1793 |
| director of administrative services and approved by the director | 1794 |
| of budget and management, and those personal services shall not be | 1795 |
| considered as a part of the employee's compensation. An appointing | 1796 |
| authority that appoints employees in the service of the state, | 1797 |
| with the approval of the director of administrative services and | 1798 |
| the director of budget and management, may establish payments to | 1799 |
| employees for uniforms, tools, equipment, and other requirements | 1800 |
| of the department and payments for the maintenance of them. | 1801 |
| The director of administrative services may review collective | 1802 |
| bargaining agreements entered into under Chapter 4117. of the | 1803 |
| Revised Code that cover employees in the service of the state and | 1804 |
| determine whether certain benefits or payments provided to the | 1805 |
| employees covered by those agreements should also be provided to | 1806 |
| employees in the service of the state who are exempt from | 1807 |
| collective bargaining coverage and are paid in accordance with | 1808 |
| section 124.152 of the Revised Code or are listed in division | 1809 |
| (B)(2) or (4) of section 124.14 of the Revised Code. On completing | 1810 |
| the review, the director of administrative services, with the | 1811 |
| approval of the director of budget and management, may provide to | 1812 |
| some or all of these employees any payment or benefit, except for | 1813 |
| salary, contained in such a collective bargaining agreement even | 1814 |
| if it is similar to a payment or benefit already provided by law | 1815 |
| to some or all of these employees. Any payment or benefit so | 1816 |
| provided shall not exceed the highest level for that payment or | 1817 |
| benefit specified in such a collective bargaining agreement. The | 1818 |
| director of administrative services shall not provide, and the | 1819 |
| director of budget and management shall not approve, any payment | 1820 |
| or benefit to such an employee under this division unless the | 1821 |
| payment or benefit is provided pursuant to a collective bargaining | 1822 |
| agreement to a state employee who is in a position with similar | 1823 |
| duties as, is supervised by, or is employed by the same appointing | 1824 |
| authority as, the employee to whom the benefit or payment is to be | 1825 |
| provided. | 1826 |
| As used in this division, "payment or benefit already | 1827 |
| provided by law" includes, but is not limited to, bereavement, | 1828 |
| personal, vacation, administrative, and sick leave, disability | 1829 |
| benefits, holiday pay, and pay supplements provided under the | 1830 |
| Revised Code, but does not include wages or salary. | 1831 |
| (E) New employees paid in accordance with | 1832 |
|
division (A) of this section or | 1833 |
| the Revised Code shall be employed at the minimum rate established | 1834 |
| for the range unless otherwise provided. Employees with | 1835 |
| qualifications that are beyond the minimum normally required for | 1836 |
| the position and that are determined by the director to be | 1837 |
| exceptional may be employed in, or may be transferred or promoted | 1838 |
|
to, a | 1839 |
| range. Further, in time of a serious labor market condition when | 1840 |
| it is relatively impossible to recruit employees at the minimum | 1841 |
| rate for a particular classification, the entrance rate may be set | 1842 |
|
at | 1843 |
| director of administrative services. This rate may be limited to | 1844 |
|
geographical regions of the state. Appointments made to | 1845 |
| 1846 | |
|
regarding exceptional qualifications shall not affect the | 1847 |
| 1848 | |
| anytime the hiring rate of an entire classification is advanced to | 1849 |
|
a higher
| 1850 |
|
classification being paid at a | 1851 |
| being used for hiring, shall be advanced beginning at the start of | 1852 |
|
the first pay period thereafter to the new hiring rate | 1853 |
| 1854 | |
| 1855 | |
| classification is increased for only a geographical region of the | 1856 |
| state, only incumbents who work in that geographical region shall | 1857 |
|
be advanced to a higher
| 1858 |
| the unclassified service changes from one state position to | 1859 |
| another or is appointed to a position in the classified service, | 1860 |
| or if an employee in the classified service is appointed to a | 1861 |
| position in the unclassified service, the employee's salary or | 1862 |
| wage in the new position shall be determined in the same manner as | 1863 |
|
if the employee were an employee in the classified service.
| 1864 |
| 1865 | |
| 1866 | |
| 1867 | |
| 1868 | |
| 1869 | |
| 1870 | |
| 1871 | |
| 1872 | |
| employee to a classification resulting in a pay range increase or | 1873 |
| to a new pay range as a result of a promotion, an increase pay | 1874 |
| range adjustment, or other classification change resulting in a | 1875 |
|
pay range increase, the director shall assign such employee to | 1876 |
| 1877 | |
| increase of approximately four per cent if the new pay range can | 1878 |
|
accommodate the increase. | 1879 |
| 1880 | |
| 1881 | |
| 1882 | |
| 1883 | |
| 1884 | |
| 1885 | |
| as the director determines. | 1886 |
| (F) If employment conditions and the urgency of the work | 1887 |
| require such action, the director of administrative services may, | 1888 |
| upon the application of a department head, authorize payment at | 1889 |
| any rate established within the range for the class of work, for | 1890 |
| work of a casual or intermittent nature or on a project basis. | 1891 |
| Payment at such rates shall not be made to the same individual for | 1892 |
| more than three calendar months in any one calendar year. Any such | 1893 |
| action shall be subject to the approval of the director of budget | 1894 |
| and management as to the availability of funds. This section and | 1895 |
| sections 124.14 and 124.152 of the Revised Code do not repeal any | 1896 |
| authority of any department or public official to contract with or | 1897 |
| fix the compensation of professional persons who may be employed | 1898 |
| temporarily for work of a casual nature or for work on a project | 1899 |
| basis. | 1900 |
| (G)(1) Except as provided in | 1901 |
| 1902 | |
| 1903 | |
| 124.152 of the Revised Code shall be eligible for advancement to | 1904 |
| 1905 | |
|
employee's class or grade | 1906 |
| 1907 | |
| 1908 | |
| 1909 | |
| 1910 | |
| 1911 | |
| 1912 |
| | 1913 |
| 1914 | |
| 1915 | |
|
advance to | 1916 |
|
employee reaches the top | 1917 |
| employee's class or grade, if the employee has maintained | 1918 |
| satisfactory performance in accordance with criteria established | 1919 |
|
by | 1920 |
|
director of administrative services. Those | 1921 |
| not occur more frequently than once in any twelve-month period and | 1922 |
| shall be based upon performance. | 1923 |
| | 1924 |
| 1925 | |
| 1926 | |
| 1927 | |
| 1928 | |
| 1929 | |
| 1930 | |
| 1931 | |
| 1932 | |
| 1933 | |
| 1934 | |
| 1935 |
| | 1936 |
| 1937 | |
| 1938 | |
| 1939 | |
| 1940 | |
| 1941 |
| (2) | 1942 |
| 1943 | |
| 1944 | |
| 1945 | |
| 1946 | |
| 1947 | |
| 1948 | |
| 1949 |
| | 1950 |
| 1951 | |
| 1952 | |
| 1953 | |
| 1954 | |
| 1955 | |
| 1956 | |
| 1957 |
| | 1958 |
| 1959 | |
| 1960 | |
| 1961 | |
| 1962 | |
| 1963 | |
| 1964 | |
| 1965 |
| | 1966 |
| the minimum rate established for the pay range for their | 1967 |
|
classification and are not eligible for | 1968 |
| higher salary or wage. | 1969 |
| (H) Employees in appointive managerial or professional | 1970 |
|
positions paid in accordance with | 1971 |
| 1972 | |
| appointed at any rate within the appropriate pay range. This rate | 1973 |
| of pay may be adjusted higher or lower within the respective pay | 1974 |
| range at any time the appointing authority so desires as long as | 1975 |
| the adjustment is based on the employee's ability to successfully | 1976 |
| administer those duties assigned to the employee. Salary | 1977 |
| adjustments shall not be made more frequently than once in any | 1978 |
| six-month period under this provision to incumbents holding the | 1979 |
| same position and classification. | 1980 |
| (I) When an employee is assigned to duty outside this state, | 1981 |
| the employee may be compensated, upon request of the department | 1982 |
| head and with the approval of the director of administrative | 1983 |
| services, at a rate not to exceed fifty per cent in excess of the | 1984 |
| employee's current base rate for the period of time spent on that | 1985 |
| duty. | 1986 |
| (J) | 1987 |
| 1988 | |
| 1989 | |
| 1990 | |
| 1991 |
| | 1992 |
| classes within the instruction and education administration series | 1993 |
| under the rules of the director of administrative services, except | 1994 |
| certificated employees on the instructional staff of the state | 1995 |
| school for the blind or the state school for the deaf, whose | 1996 |
| positions are scheduled to work on the basis of an academic year | 1997 |
| rather than a full calendar year, shall be paid according to the | 1998 |
| pay range assigned by such rules but only during those pay periods | 1999 |
| included in the academic year of the school where the employee is | 2000 |
| located. | 2001 |
| (1) Part-time or substitute teachers or those whose period of | 2002 |
| employment is other than the full academic year shall be | 2003 |
| compensated for the actual time worked at the rate established by | 2004 |
| this section. | 2005 |
| (2) Employees governed by this division are exempt from | 2006 |
| sections 124.13 and 124.19 of the Revised Code. | 2007 |
| | 2008 |
| 2009 | |
| 2010 | |
| 2011 | |
| 2012 | |
| 2013 |
| | 2014 |
| and the superintendent of the state school for the blind shall, | 2015 |
| subject to the approval of the superintendent of public | 2016 |
| instruction, carry out both of the following: | 2017 |
| (1) Annually, between the first day of April and the last day | 2018 |
| of June, establish for the ensuing fiscal year a schedule of | 2019 |
|
hourly | 2020 |
| employee on the instructional staff of that superintendent's | 2021 |
|
respective school
| 2022 |
| | 2023 |
| 2024 | |
| 2025 | |
| 2026 | |
| 2027 | |
| 2028 | |
| 2029 |
| | 2030 |
| 2031 | |
| 2032 | |
| 2033 | |
| 2034 | |
| 2035 |
| | 2036 |
| 2037 |
| | 2038 |
| 2039 | |
| 2040 |
| | 2041 |
| 2042 | |
| 2043 | |
| 2044 |
| (2) Annually, assign each certificated employee on the | 2045 |
| instructional staff of the superintendent's respective school to | 2046 |
| an hourly rate on the schedule that is commensurate with the | 2047 |
| employee's training, experience, and other professional | 2048 |
| qualifications. | 2049 |
| If an employee is employed on the basis of an academic year, | 2050 |
| the employee's annual salary shall be calculated by multiplying | 2051 |
| the employee's assigned hourly rate times one thousand seven | 2052 |
| hundred sixty. If an employee is not employed on the basis of an | 2053 |
| academic year, the employee's annual salary shall be calculated in | 2054 |
| accordance with the following formula: | 2055 |
| (a) Multiply the number of days the employee is required to | 2056 |
| work pursuant to the employee's contract by eight; | 2057 |
| (b) Multiply the product of division | 2058 |
| section by the employee's assigned hourly rate. | 2059 |
| Each employee shall be paid an annual salary in biweekly | 2060 |
| installments. The amount of each installment shall be calculated | 2061 |
| by dividing the employee's annual salary by the number of biweekly | 2062 |
| installments to be paid during the year. | 2063 |
| Sections 124.13 and 124.19 of the Revised Code do not apply | 2064 |
| to an employee who is paid under this division. | 2065 |
| As used in this division, "academic year" means the number of | 2066 |
| days in each school year that the schools are required to be open | 2067 |
| for instruction with pupils in attendance. Upon completing an | 2068 |
| academic year, an employee paid under this division shall be | 2069 |
| deemed to have completed one year of service. An employee paid | 2070 |
| under this division is eligible to receive a pay supplement under | 2071 |
|
division | 2072 |
| Code for which the employee qualifies, but is not eligible to | 2073 |
|
receive a pay supplement under division | 2074 |
| section. An employee paid under this division is eligible to | 2075 |
|
receive a pay supplement under division | 2076 |
| 124.181 of the Revised Code for which the employee qualifies, | 2077 |
| except that the supplement is not limited to a maximum of five per | 2078 |
| cent of the employee's regular base salary in a calendar year. | 2079 |
| | 2080 |
| employees," as defined in section 124.152 of the Revised Code, who | 2081 |
| are paid under that section. | 2082 |
| Notwithstanding any other provisions of this chapter, when an | 2083 |
| employee transfers between bargaining units or transfers out of or | 2084 |
| into a bargaining unit, the director of administrative services | 2085 |
| shall establish the employee's compensation and adjust the maximum | 2086 |
| leave accrual schedule as the director deems equitable. | 2087 |
| Sec. 124.152. (A)(1) Except as provided in | 2088 |
| division (A)(2)
| 2089 |
|
shall be paid a salary or wage in accordance with | 2090 |
| 2091 |
| (2) Each exempt employee who holds a position in the | 2092 |
| unclassified civil service pursuant to division (A)(26) or (30) of | 2093 |
| section 124.11 of the Revised Code may be paid a salary or wage in | 2094 |
|
accordance with | 2095 |
| 2096 | |
| 2097 |
| | 2098 |
| 2099 | |
| 2100 | |
| 2101 | |
| 2102 | |
| 2103 | |
| 2104 | |
| 2105 | |
| 2106 |
| | 2107 |
| 2108 | |
| 2109 | |
| 2110 | |
| 2111 | |
| 2112 |
| | 2113 |
| 2114 | |
| 2115 | |
| 2116 | |
| 2117 | |
| 2118 | |
| 2119 | |
| 2120 | |
| 2121 | |
| 2122 |
| (B) Beginning on the first day of the pay period that | 2123 |
|
includes
| 2124 |
|
exempt employee who must be paid in accordance with | 2125 |
| 2126 | |
| 2127 |
| 2128 | |
| 2129 | |
| 2130 | |||||||||||
| 2131 | |||||||||||
| 2132 | |||||||||||
| 2133 | |||||||||||
| 2134 | |||||||||||
| 2135 | |||||||||||
| 2136 | |||||||||||
| 2137 | |||||||||||
| 2138 | |||||||||||
| 2139 | |||||||||||
| 2140 | |||||||||||
| 2141 | |||||||||||
| 2142 | |||||||||||
| 2143 | |||||||||||
| 2144 | |||||||||||
| 2145 | |||||||||||
| 2146 | |||||||||||
| 2147 | |||||||||||
| 2148 | |||||||||||
| 2149 | |||||||||||
| 2150 | |||||||||||
| 2151 | |||||||||||
| 2152 | |||||||||||
| 2153 | |||||||||||
| 2154 | |||||||||||
| 2155 | |||||||||||
| 2156 | |||||||||||
| 2157 | |||||||||||
| 2158 | |||||||||||
| 2159 | |||||||||||
| 2160 | |||||||||||
| 2161 | |||||||||||
| 2162 | |||||||||||
| 2163 | |||||||||||
| 2164 | |||||||||||
| 2165 | |||||||||||
| 2166 | |||||||||||
| 2167 |
| 2168 | ||||||||
| 2169 | ||||||||
| 2170 | ||||||||
| 2171 | ||||||||
| 2172 | ||||||||
| 2173 | ||||||||
| 2174 | ||||||||
| 2175 | ||||||||
| 2176 | ||||||||
| 2177 | ||||||||
| 2178 | ||||||||
| 2179 | ||||||||
| 2180 | ||||||||
| 2181 | ||||||||
| 2182 | ||||||||
| 2183 | ||||||||
| 2184 | ||||||||
| 2185 | ||||||||
| 2186 |
| 2187 | |
| based upon performance within ranges established or modified in | 2188 |
| rules adopted by the director of administrative services. The | 2189 |
| director shall adopt rules to develop a performance pay system. | 2190 |
| (C) | 2191 |
| 2192 | |
| 2193 | |
| 2194 | |
| 2195 |
| 2196 | |
| 2197 | |
| 2198 | ||||||||
| 2199 | ||||||||
| 2200 | ||||||||
| 2201 | ||||||||
| 2202 | ||||||||
| 2203 | ||||||||
| 2204 | ||||||||
| 2205 | ||||||||
| 2206 | ||||||||
| 2207 | ||||||||
| 2208 | ||||||||
| 2209 | ||||||||
| 2210 | ||||||||
| 2211 | ||||||||
| 2212 |
| | 2213 |
| permanent full-time or permanent part-time employee paid directly | 2214 |
| by warrant of the director of budget and management whose position | 2215 |
| is included in the job classification plan established under | 2216 |
| division (A) of section 124.14 of the Revised Code but who is not | 2217 |
| considered a public employee for the purposes of Chapter 4117. of | 2218 |
| the Revised Code. As used in this section, "exempt employee" also | 2219 |
| includes a permanent full-time or permanent part-time employee of | 2220 |
| the secretary of state, auditor of state, treasurer of state, or | 2221 |
| attorney general who has not been placed in an appropriate | 2222 |
| bargaining unit by the state employment relations board. | 2223 |
| Sec. 124.181. (A) Except as provided in divisions
| 2224 |
|
and
| 2225 |
| 2226 | |
| 2227 | |
| for the pay supplements provided in this section upon application | 2228 |
| by the appointing authority substantiating the employee's | 2229 |
| qualifications for the supplement and with the approval of the | 2230 |
|
director of administrative services | 2231 |
| 2232 |
| (B)(1) Except as provided in section 124.183 of the Revised | 2233 |
| Code, in computing any of the pay supplements provided in this | 2234 |
|
section for an employee paid in accordance with | 2235 |
| section 124.15 of the Revised Code, the classification salary base | 2236 |
| shall be the minimum hourly rate of the pay range, provided in | 2237 |
| that section, in which the employee is assigned at the time of | 2238 |
| computation. | 2239 |
| (2) Except as provided in section 124.183 of the Revised | 2240 |
| Code, in computing any of the pay supplements provided in this | 2241 |
|
section for an employee paid in accordance with | 2242 |
| section 124.152 of the Revised Code, the classification salary | 2243 |
| base shall be the minimum hourly rate of the pay range, provided | 2244 |
| in that section, in which the employee is assigned at the time of | 2245 |
| computation. | 2246 |
| (3) Except as provided in section 124.183 of the Revised | 2247 |
| Code, in computing any of the pay supplements provided in this | 2248 |
|
section for an employee paid in accordance with | 2249 |
| 2250 | |
| classification salary base shall be the minimum hourly rate in the | 2251 |
|
corresponding pay range | 2252 |
| to which the employee is assigned at the time of the computation. | 2253 |
| (C) The effective date of any pay supplement, except as | 2254 |
| provided in section 124.183 of the Revised Code or unless | 2255 |
| otherwise provided in this section, shall be determined by the | 2256 |
| director. | 2257 |
| (D) The director shall, by rule, establish standards | 2258 |
| regarding the administration of this section. | 2259 |
| (E) | 2260 |
| 2261 | |
| 2262 | |
| 2263 | |
| 2264 | |
| 2265 | |
| 2266 | |
| 2267 | |
| 2268 | |
| 2269 | |
| 2270 | |
| 2271 | |
| 2272 | |
| 2273 | |
| 2274 | |
| 2275 | |
| 2276 | |
| 2277 | |
| 2278 | |
| 2279 | |
| 2280 | |
| 2281 | |
| 2282 | |
| 2283 | |
| 2284 | |
| 2285 | |
| 2286 | |
| 2287 | |
| 2288 | |
| 2289 |
| | 2290 |
| 2291 | |
| 2292 | |
| 2293 | |
| 2294 | |
| 2295 | |
| 2296 |
| | 2297 |
| 2298 | |
| 2299 | |
| 2300 | |
| 2301 | |
| 2302 | |
| 2303 | |
| 2304 | |
| 2305 | |
| 2306 | |
| 2307 | |
| 2308 | |
| 2309 |
| | 2310 |
| 2311 | |
| 2312 | |
| 2313 | |
| 2314 | |
| 2315 | |
| 2316 | |
| 2317 | |
| 2318 |
| | 2319 |
| temporary or a permanent hazard for one or more positions in a | 2320 |
|
class paid in accordance with | 2321 |
| 2322 | |
| 2323 | |
| special hazard salary adjustment may be granted for the time the | 2324 |
| employee is subjected to the hazardous condition. All special | 2325 |
| hazard conditions shall be identified for each position and | 2326 |
| incidence from information submitted to the director on an | 2327 |
| appropriate form provided by the director and categorized into | 2328 |
| standard conditions of: some unusual hazard not common to the | 2329 |
| class; considerable unusual hazard not common to the class; and | 2330 |
| exceptional hazard not common to the class. | 2331 |
| (1) A hazardous salary adjustment of five per cent of the | 2332 |
| employee's classification salary base may be applied in the case | 2333 |
| of some unusual hazardous condition not common to the class for | 2334 |
| those hours worked, or a fraction of those hours worked, while the | 2335 |
| employee was subject to the unusual hazard condition. | 2336 |
| (2) A hazardous salary adjustment of seven and one-half per | 2337 |
| cent of the employee's classification salary base may be applied | 2338 |
| in the case of some considerable hazardous condition not common to | 2339 |
| the class for those hours worked, or a fraction of those hours | 2340 |
| worked, while the employee was subject to the considerable hazard | 2341 |
| condition. | 2342 |
| (3) A hazardous salary adjustment of ten per cent of the | 2343 |
| employee's classification salary base may be applied in the case | 2344 |
| of some exceptional hazardous condition not common to the class | 2345 |
| for those hours worked, or a fraction of those hours worked, when | 2346 |
| the employee was subject to the exceptional hazard condition. | 2347 |
| (4) Each claim for temporary hazard pay shall be submitted as | 2348 |
| a separate payment and shall be subject to an administrative audit | 2349 |
| by the director as to the extent and duration of the employee's | 2350 |
| exposure to the hazardous condition. | 2351 |
| | 2352 |
| directly by warrant of the director of budget and management and | 2353 |
| who also is eligible for overtime under the "Fair Labor Standards | 2354 |
| Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is | 2355 |
| ordered by the appointing authority to report back to work after | 2356 |
| termination of the employee's regular work schedule and the | 2357 |
| employee reports, the employee shall be paid for such time. The | 2358 |
| employee shall be entitled to four hours at the employee's total | 2359 |
| rate of pay or overtime compensation for the actual hours worked, | 2360 |
| whichever is greater. This division does not apply to work that is | 2361 |
| a continuation of or immediately preceding an employee's regular | 2362 |
| work schedule. | 2363 |
| | 2364 |
|
accordance with | 2365 |
|
or in accordance with | 2366 |
| 2367 | |
| speak or write a language other than English, a special pay | 2368 |
| supplement may be granted to attract bilingual individuals, to | 2369 |
| encourage present employees to become proficient in other | 2370 |
| languages, or to retain qualified bilingual employees. The | 2371 |
| bilingual pay supplement provided in this division may be granted | 2372 |
| in the amount of five per cent of the employee's classification | 2373 |
| salary base for each required foreign language and shall remain in | 2374 |
| effect as long as the bilingual requirement exists. | 2375 |
| | 2376 |
| a shift differential for employees. The differential shall be paid | 2377 |
| to employees in positions working in other than the regular or | 2378 |
| first shift. In those divisions or agencies where only one shift | 2379 |
| prevails, no shift differential shall be paid regardless of the | 2380 |
| hours of the day that are worked. The director and the appointing | 2381 |
| authority shall designate which positions shall be covered by this | 2382 |
| division. | 2383 |
| | 2384 |
| level position for a continuous period of more than two weeks but | 2385 |
| no more than two years because of a vacancy, the employee's pay | 2386 |
| may be established at a rate that is approximately four per cent | 2387 |
| above the employee's current base rate for the period the employee | 2388 |
| occupies the position, provided that this temporary occupancy is | 2389 |
| approved by the director. Employees paid under this division shall | 2390 |
| continue to receive any of the pay supplements due them under | 2391 |
|
other divisions of this section based on the | 2392 |
| classification salary base | 2393 |
| | 2394 |
|
paid in accordance with | 2395 |
| 2396 | |
| 2397 | |
| mandated by state or federal law or regulation or other regulatory | 2398 |
| agency or other certification authority to have special technical | 2399 |
| certification, registration, or licensing to perform the functions | 2400 |
| which are under the mandate, a special professional achievement | 2401 |
| pay supplement may be granted. This special professional | 2402 |
| achievement pay supplement shall not be granted when all | 2403 |
| incumbents in all positions in a class require a license as | 2404 |
| provided in the classification description published by the | 2405 |
| department of administrative services; to licensees where no | 2406 |
| special or extensive training is required; when certification is | 2407 |
| granted upon completion of a stipulated term of in-service | 2408 |
| training; when an appointing authority has required certification; | 2409 |
| or any other condition prescribed by the director. | 2410 |
| (1) Before this supplement may be applied, evidence as to the | 2411 |
| requirement must be provided by the agency for each position | 2412 |
| involved, and certification must be received from the director as | 2413 |
| to the director's concurrence for each of the positions so | 2414 |
| affected. | 2415 |
| (2) The professional achievement pay supplement provided in | 2416 |
| this division shall be granted in an amount up to ten per cent of | 2417 |
| the employee's classification salary base and shall remain in | 2418 |
| effect as long as the mandate exists. | 2419 |
| | 2420 |
| principal, assistant principal, or superintendent positions who | 2421 |
| have attained a higher educational level than a basic bachelor's | 2422 |
| degree may receive an educational pay supplement to remain in | 2423 |
| effect as long as the employee's assignment and classification | 2424 |
| remain the same. | 2425 |
| (1) An educational pay supplement of two and one-half per | 2426 |
| cent of the employee's classification salary base may be applied | 2427 |
| upon the achievement of a bachelor's degree plus twenty quarter | 2428 |
| hours of postgraduate work. | 2429 |
| (2) An educational pay supplement of an additional five per | 2430 |
| cent of the employee's classification salary base may be applied | 2431 |
| upon achievement of a master's degree. | 2432 |
| (3) An educational pay supplement of an additional two and | 2433 |
| one-half per cent of the employee's classification salary base may | 2434 |
| be applied upon achievement of a master's degree plus thirty | 2435 |
| quarter hours of postgraduate work. | 2436 |
| (4) An educational pay supplement of five per cent of the | 2437 |
| employee's classification salary base may be applied when the | 2438 |
| employee is performing as a master teacher. | 2439 |
| (5) An educational pay supplement of five per cent of the | 2440 |
| employee's classification salary base may be applied when the | 2441 |
| employee is performing as a special education teacher. | 2442 |
| (6) Those employees in teaching supervisory, principal, | 2443 |
| assistant principal, or superintendent positions who are | 2444 |
| responsible for specific extracurricular activity programs shall | 2445 |
| receive overtime pay for those hours worked in excess of their | 2446 |
| normal schedule, at their straight time hourly rate up to a | 2447 |
| maximum of five per cent of their regular base salary in any | 2448 |
| calendar year. | 2449 |
| | 2450 |
| a supplementary compensation schedule based upon performance for | 2451 |
| those licensed physicians employed by the agency, board, or | 2452 |
| commission in positions requiring a licensed physician. The | 2453 |
| supplementary compensation schedule, together with the | 2454 |
| compensation otherwise authorized by this chapter, shall provide | 2455 |
| for the total compensation for these employees to range | 2456 |
| appropriately, but not necessarily uniformly, for each | 2457 |
| classification title requiring a licensed physician, in accordance | 2458 |
| with a schedule approved by the state controlling board. The | 2459 |
| individual salary levels recommended for each such physician | 2460 |
| employed shall be approved by the director. Notwithstanding | 2461 |
| section 124.11 of the Revised Code, such personnel are in the | 2462 |
| unclassified civil service. | 2463 |
| (2) The director of administrative services may approve | 2464 |
| supplementary compensation for the director of health, if the | 2465 |
| director is a licensed physician, in accordance with a | 2466 |
| supplementary compensation schedule approved under division | 2467 |
| 2468 | |
| supplementary compensation schedule the director of administrative | 2469 |
| services considers appropriate. The supplementary compensation | 2470 |
| shall not exceed twenty per cent of the director of health's base | 2471 |
| rate of pay. | 2472 |
| | 2473 |
| 2474 | |
| 2475 | |
| 2476 | |
| 2477 | |
| 2478 | |
| 2479 |
| | 2480 |
| are exempt from collective bargaining coverage may be granted a | 2481 |
| 2482 | |
|
cent of their
| 2483 |
| supplement is granted shall be based on performance standards | 2484 |
| established by the treasurer of state. Any supplements granted | 2485 |
| under this division shall be administered on an annual basis. | 2486 |
| | 2487 |
| of the Revised Code are not eligible for the pay supplements | 2488 |
| provided by this section. | 2489 |
| | 2490 |
| are exempt from collective bargaining and who are paid in | 2491 |
|
accordance with | 2492 |
| 2493 | |
| 2494 | |
| the Revised Code shall receive a reduction of two per cent in | 2495 |
| their hourly and annual pay calculation beginning with the pay | 2496 |
| period that immediately follows July 1, 2009. | 2497 |
| Sec. 124.322. Whenever a reduction in the work force is | 2498 |
| necessary, the appointing authority of an agency shall decide in | 2499 |
| which classification or classifications the layoff or layoffs will | 2500 |
| occur and the number of employees to be laid off within each | 2501 |
| affected classification. The director of administrative services | 2502 |
| shall adopt rules, under Chapter 119. of the Revised Code, | 2503 |
| establishing a method for determining layoff procedures and an | 2504 |
| order of layoff of, and the displacement and recall of, laid-off | 2505 |
| state and county employees. Layoffs, job abolishments, and | 2506 |
| displacements shall be governed by the Revised Code or the rules | 2507 |
| adopted pursuant to it that are in effect at the time the | 2508 |
| appointing authority files the statement of rationale and | 2509 |
| supporting documentation in accordance with section 124.321 of the | 2510 |
| Revised Code, as applicable. Otherwise, layoffs, job abolishments, | 2511 |
| and displacements shall be governed by the Revised Code or the | 2512 |
| rules adopted pursuant to it that are in effect at the time of | 2513 |
| notification of layoff or displacement to the employee. | 2514 |
| The order of layoff in those rules shall be based in part on | 2515 |
|
length of service | 2516 |
| 2517 | |
| 2518 | |
| using an employee's length of service as the only factor to | 2519 |
|
determine whether to lay off the employee. | 2520 |
| 2521 | |
| 2522 | |
| 2523 | |
| 2524 |
| Sec. 124.325. (A) An appointing authority shall calculate an | 2525 |
| employee's retention points based upon length of service, | 2526 |
| efficiency of service, and other similar factors the director of | 2527 |
| administrative services, in the rules the director adopts for | 2528 |
| state or county employees under section 124.322 of the Revised | 2529 |
| Code, or the appointing authority, as applicable, determines is | 2530 |
|
appropriate. Retention points | 2531 |
| 2532 | |
| layoff shall be verified by the director of administrative | 2533 |
| services for positions in the service of the state. | 2534 |
| (B) An employee's length of continuous service will be | 2535 |
| carried from one layoff jurisdiction to another so long as no | 2536 |
| break in service occurs between transfers or appointments. | 2537 |
| (C) | 2538 |
| this section, an appointing authority shall adopt rules to | 2539 |
| determine which employee the appointing authority shall lay off | 2540 |
| first if two or more employees have an identical number of | 2541 |
|
retention points | 2542 |
| 2543 |
| (2) The director shall adopt rules in accordance with Chapter | 2544 |
| 119. of the Revised Code to establish a system for the assignment | 2545 |
| of retention points for each employee in the service of the state | 2546 |
| in a classification affected by a layoff and for determining, in | 2547 |
| those instances where employees in the service of the state have | 2548 |
| identical retention points, which employee shall be laid off | 2549 |
| first. The rules shall permit an appointing authority to consider | 2550 |
| the number of management and nonmanagement employees when | 2551 |
| determining which employees to lay off. | 2552 |
| (D)(1) As used in this division, "affected employee" means a | 2553 |
| city employee who becomes a county employee, or a county employee | 2554 |
| who becomes a city employee, as the result of any of the | 2555 |
| following: | 2556 |
| (a) The merger of a city and a county office; | 2557 |
| (b) The merger of city and county functions or duties; | 2558 |
| (c) The transfer of functions or duties between a city and | 2559 |
| county. | 2560 |
| (2) For purposes of this section, the new employer of any | 2561 |
| affected employee shall treat the employee's prior service with a | 2562 |
| former employer as if it had been served with the new employer. | 2563 |
| | 2564 |
| 2565 | |
| 2566 | |
| 2567 | |
| 2568 | |
| 2569 | |
| 2570 |
| Sec. 124.34. (A) The tenure of every officer or employee in | 2571 |
| the classified service of the state and the counties, civil | 2572 |
| service townships, cities, city health districts, general health | 2573 |
| districts, and city school districts of the state, holding a | 2574 |
| position under this chapter, shall be during good behavior and | 2575 |
| efficient service. No officer or employee shall be reduced in pay | 2576 |
|
or position, fined, suspended, or removed | 2577 |
| 2578 | |
| in section 124.32 of the Revised Code, and for incompetency, | 2579 |
| inefficiency, dishonesty, drunkenness, immoral conduct, | 2580 |
| insubordination, discourteous treatment of the public, neglect of | 2581 |
| duty, violation of any policy or work rule of the officer's or | 2582 |
| employee's appointing authority, violation of this chapter or the | 2583 |
| rules of the director of administrative services or the | 2584 |
| commission, any other failure of good behavior, any other acts of | 2585 |
| misfeasance, malfeasance, or nonfeasance in office, or conviction | 2586 |
| of a felony. The denial of a one-time pay supplement or a bonus to | 2587 |
| an officer or employee is not a reduction in pay for purposes of | 2588 |
| this section. | 2589 |
| This section does not apply to any modifications or | 2590 |
|
reductions in pay authorized by division | 2591 |
| or section 124.392 or 124.393 of the Revised Code. | 2592 |
| An appointing authority may require an employee who is | 2593 |
| suspended to report to work to serve the suspension. An employee | 2594 |
| serving a suspension in this manner shall continue to be | 2595 |
| compensated at the employee's regular rate of pay for hours | 2596 |
| worked. The disciplinary action shall be recorded in the | 2597 |
| employee's personnel file in the same manner as other disciplinary | 2598 |
| actions and has the same effect as a suspension without pay for | 2599 |
| the purpose of recording disciplinary actions. | 2600 |
| A finding by the appropriate ethics commission, based upon a | 2601 |
| preponderance of the evidence, that the facts alleged in a | 2602 |
| complaint under section 102.06 of the Revised Code constitute a | 2603 |
| violation of Chapter 102., section 2921.42, or section 2921.43 of | 2604 |
| the Revised Code may constitute grounds for dismissal. Failure to | 2605 |
| file a statement or falsely filing a statement required by section | 2606 |
| 102.02 of the Revised Code may also constitute grounds for | 2607 |
| dismissal. The tenure of an employee in the career professional | 2608 |
| service of the department of transportation is subject to section | 2609 |
| 5501.20 of the Revised Code. | 2610 |
| Conviction of a felony is a separate basis for reducing in | 2611 |
| pay or position, suspending, or removing an officer or employee, | 2612 |
| even if the officer or employee has already been reduced in pay or | 2613 |
| position, suspended, or removed for the same conduct that is the | 2614 |
| basis of the felony. An officer or employee may not appeal to the | 2615 |
| state personnel board of review or the commission any disciplinary | 2616 |
| action taken by an appointing authority as a result of the | 2617 |
| officer's or employee's conviction of a felony. If an officer or | 2618 |
| employee removed under this section is reinstated as a result of | 2619 |
| an appeal of the removal, any conviction of a felony that occurs | 2620 |
| during the pendency of the appeal is a basis for further | 2621 |
| disciplinary action under this section upon the officer's or | 2622 |
| employee's reinstatement. | 2623 |
| A person convicted of a felony immediately forfeits the | 2624 |
| person's status as a classified employee in any public employment | 2625 |
| on and after the date of the conviction for the felony. If an | 2626 |
| officer or employee is removed under this section as a result of | 2627 |
| being convicted of a felony or is subsequently convicted of a | 2628 |
| felony that involves the same conduct that was the basis for the | 2629 |
| removal, the officer or employee is barred from receiving any | 2630 |
| compensation after the removal notwithstanding any modification or | 2631 |
| disaffirmance of the removal, unless the conviction for the felony | 2632 |
| is subsequently reversed or annulled. | 2633 |
| Any person removed for conviction of a felony is entitled to | 2634 |
| a cash payment for any accrued but unused sick, personal, and | 2635 |
| vacation leave as authorized by law. If subsequently reemployed in | 2636 |
| the public sector, the person shall qualify for and accrue these | 2637 |
| forms of leave in the manner specified by law for a newly | 2638 |
| appointed employee and shall not be credited with prior public | 2639 |
| service for the purpose of receiving these forms of leave. | 2640 |
| As used in this division, "felony" means any of the | 2641 |
| following: | 2642 |
| (1) A felony that is an offense of violence as defined in | 2643 |
| section 2901.01 of the Revised Code; | 2644 |
| (2) A felony that is a felony drug abuse offense as defined | 2645 |
| in section 2925.01 of the Revised Code; | 2646 |
| (3) A felony under the laws of this or any other state or the | 2647 |
| United States that is a crime of moral turpitude; | 2648 |
| (4) A felony involving dishonesty, fraud, or theft; | 2649 |
| (5) A felony that is a violation of section 2921.05, 2921.32, | 2650 |
| or 2921.42 of the Revised Code. | 2651 |
| (B) In case of a reduction, a suspension of more than forty | 2652 |
| work hours in the case of an employee exempt from the payment of | 2653 |
| overtime compensation, a suspension of more than twenty-four work | 2654 |
| hours in the case of an employee required to be paid overtime | 2655 |
| compensation, a fine of more than forty hours' pay in the case of | 2656 |
| an employee exempt from the payment of overtime compensation, a | 2657 |
| fine of more than twenty-four hours' pay in the case of an | 2658 |
| employee required to be paid overtime compensation, or removal, | 2659 |
| except for the reduction or removal of a probationary employee, | 2660 |
| the appointing authority shall serve the employee with a copy of | 2661 |
| the order of reduction, fine, suspension, or removal, which order | 2662 |
| shall state the reasons for the action. | 2663 |
| Within ten days following the date on which the order is | 2664 |
| served or, in the case of an employee in the career professional | 2665 |
| service of the department of transportation, within ten days | 2666 |
| following the filing of a removal order, the employee, except as | 2667 |
| otherwise provided in this section, may file an appeal of the | 2668 |
| order in writing with the state personnel board of review or the | 2669 |
| commission. For purposes of this section, the date on which an | 2670 |
| order is served is the date of hand delivery of the order or the | 2671 |
| date of delivery of the order by certified United States mail, | 2672 |
| whichever occurs first. If an appeal is filed, the board or | 2673 |
| commission shall forthwith notify the appointing authority and | 2674 |
| shall hear, or appoint a trial board to hear, the appeal within | 2675 |
| thirty days from and after its filing with the board or | 2676 |
| commission. The board, commission, or trial board may affirm, | 2677 |
| disaffirm, or modify the judgment of the appointing authority. | 2678 |
| However, in an appeal of a removal order based upon a violation of | 2679 |
| a last chance agreement, the board, commission, or trial board may | 2680 |
| only determine if the employee violated the agreement and thus | 2681 |
| affirm or disaffirm the judgment of the appointing authority. | 2682 |
| In cases of removal or reduction in pay for disciplinary | 2683 |
| reasons, either the appointing authority or the officer or | 2684 |
| employee may appeal from the decision of the state personnel board | 2685 |
| of review or the commission, and any such appeal shall be to the | 2686 |
| court of common pleas of the county in which the appointing | 2687 |
| authority is located, or to the court of common pleas of Franklin | 2688 |
| county, as provided by section 119.12 of the Revised Code. | 2689 |
| (C) In the case of the suspension for any period of time, or | 2690 |
| a fine, demotion, or removal, of a chief of police, a chief of a | 2691 |
| fire department, or any member of the police or fire department of | 2692 |
| a city or civil service township, who is in the classified civil | 2693 |
| service, the appointing authority shall furnish the chief or | 2694 |
| member with a copy of the order of suspension, fine, demotion, or | 2695 |
| removal, which order shall state the reasons for the action. The | 2696 |
| order shall be filed with the municipal or civil service township | 2697 |
| civil service commission. Within ten days following the filing of | 2698 |
| the order, the chief or member may file an appeal, in writing, | 2699 |
| with the commission. If an appeal is filed, the commission shall | 2700 |
| forthwith notify the appointing authority and shall hear, or | 2701 |
| appoint a trial board to hear, the appeal within thirty days from | 2702 |
| and after its filing with the commission, and it may affirm, | 2703 |
| disaffirm, or modify the judgment of the appointing authority. An | 2704 |
| appeal on questions of law and fact may be had from the decision | 2705 |
| of the commission to the court of common pleas in the county in | 2706 |
| which the city or civil service township is situated. The appeal | 2707 |
| shall be taken within thirty days from the finding of the | 2708 |
| commission. | 2709 |
| (D) A violation of division (A)(7) of section 2907.03 of the | 2710 |
| Revised Code is grounds for termination of employment of a | 2711 |
| nonteaching employee under this section. | 2712 |
| (E) As used in this section, "last chance agreement" means an | 2713 |
| agreement signed by both an appointing authority and an officer or | 2714 |
| employee of the appointing authority that describes the type of | 2715 |
| behavior or circumstances that, if it occurs, will automatically | 2716 |
| lead to removal of the officer or employee without the right of | 2717 |
| appeal to the state personnel board of review or the appropriate | 2718 |
| commission. | 2719 |
| Sec. 124.38. Each of the following shall be entitled for | 2720 |
|
each completed eighty hours of service to sick leave of | 2721 |
|
and
| 2722 |
| (A) Employees in the various offices of the county, | 2723 |
| municipal, and civil service township service, other than | 2724 |
| superintendents and management employees, as defined in section | 2725 |
| 5126.20 of the Revised Code, of county boards of developmental | 2726 |
| disabilities; | 2727 |
| (B) Employees of any state college or university | 2728 |
| | 2729 |
| 2730 |
| Employees may use sick leave, upon approval of the | 2731 |
| responsible administrative officer of the employing unit, for | 2732 |
| absence due to personal illness, pregnancy, injury, exposure to | 2733 |
| contagious disease that could be communicated to other employees, | 2734 |
| and illness, injury, or death in the employee's immediate family. | 2735 |
| Unused sick leave shall be cumulative without limit. When sick | 2736 |
| leave is used, it shall be deducted from the employee's credit on | 2737 |
| the basis of one hour for every one hour of absence from | 2738 |
| previously scheduled work. | 2739 |
| The previously accumulated sick leave of an employee who has | 2740 |
| been separated from the public service shall be placed to the | 2741 |
| employee's credit upon the employee's re-employment in the public | 2742 |
| service, provided that the re-employment takes place within ten | 2743 |
| years of the date on which the employee was last terminated from | 2744 |
| public service. This ten-year period shall be tolled for any | 2745 |
| period during which the employee holds elective public office, | 2746 |
| whether by election or by appointment. | 2747 |
| An employee who transfers from one public agency to another | 2748 |
| shall be credited with the unused balance of the employee's | 2749 |
| accumulated sick leave up to the maximum of the sick leave | 2750 |
| accumulation permitted in the public agency to which the employee | 2751 |
| transfers. | 2752 |
| The appointing authorities of the various offices of the | 2753 |
| county service may permit all or any part of a person's accrued | 2754 |
| but unused sick leave acquired during service with any regional | 2755 |
| council of government established in accordance with Chapter 167. | 2756 |
| of the Revised Code to be credited to the employee upon a transfer | 2757 |
| as if the employee were transferring from one public agency to | 2758 |
| another under this section. | 2759 |
| The appointing authority of each employing unit shall require | 2760 |
| an employee to furnish a satisfactory written, signed statement to | 2761 |
| justify the use of sick leave. If medical attention is required, a | 2762 |
| certificate stating the nature of the illness from a licensed | 2763 |
| physician shall be required to justify the use of sick leave. | 2764 |
| Falsification of either a written, signed statement or a | 2765 |
| physician's certificate shall be grounds for disciplinary action, | 2766 |
| including dismissal. | 2767 |
| This section does not interfere with existing unused sick | 2768 |
| leave credit in any agency of government where attendance records | 2769 |
| are maintained and credit has been given employees for unused sick | 2770 |
| leave. | 2771 |
| Notwithstanding this section or any other section of the | 2772 |
| Revised Code, any appointing authority of a county office, | 2773 |
| department, commission, board, or body may, upon notification to | 2774 |
| the board of county commissioners, establish alternative schedules | 2775 |
| of sick leave for employees of the appointing authority for whom | 2776 |
| the state employment relations board has not established an | 2777 |
| appropriate bargaining unit pursuant to section 4117.06 of the | 2778 |
| Revised Code, as long as the alternative schedules are not | 2779 |
| inconsistent with the provisions of at least one collective | 2780 |
| bargaining agreement covering other employees of that appointing | 2781 |
| authority, if such a collective bargaining agreement exists. If no | 2782 |
| such collective bargaining agreement exists, an appointing | 2783 |
| authority may, upon notification to the board of county | 2784 |
| commissioners, establish an alternative schedule of sick leave for | 2785 |
| its employees that does not diminish the sick leave benefits | 2786 |
| granted by this section. | 2787 |
| Any sick leave that a board of education awards shall be | 2788 |
| awarded in accordance with the leave policy the board adopts | 2789 |
| pursuant to section 3319.141 of the Revised Code. | 2790 |
| Sec. 124.382. (A) As used in this section and sections | 2791 |
| 124.383, 124.386, 124.387, and 124.388 of the Revised Code: | 2792 |
| (1) "Pay period" means the fourteen-day period of time during | 2793 |
| which the payroll is accumulated, as determined by the director of | 2794 |
| administrative services. | 2795 |
| (2) "Active pay status" means the conditions under which an | 2796 |
| employee is eligible to receive pay, and includes, but is not | 2797 |
| limited to, vacation leave, sick leave, personal leave, | 2798 |
| bereavement leave, and administrative leave. | 2799 |
| (3) "No pay status" means the conditions under which an | 2800 |
| employee is ineligible to receive pay and includes, but is not | 2801 |
| limited to, leave without pay, leave of absence, and disability | 2802 |
| leave. | 2803 |
| (4) "Disability leave" means the leave granted pursuant to | 2804 |
| section 124.385 of the Revised Code. | 2805 |
| (5) "Full-time permanent employee" means an employee whose | 2806 |
| regular hours of duty total eighty hours in a pay period in a | 2807 |
| state agency and whose appointment is not for a limited period of | 2808 |
| time. | 2809 |
| (6) "Base rate of pay" means the rate of pay established | 2810 |
|
under | 2811 |
|
Revised Code | 2812 |
| 2813 | |
|
any supplement provided under section 124.181 of the Revised Code | 2814 |
| 2815 | |
| 2816 | |
| 2817 | |
| 2818 |
| (7) "Part-time permanent employee" means an employee whose | 2819 |
| regular hours of duty total less than eighty hours in a pay period | 2820 |
| in a state agency and whose appointment is not for a limited | 2821 |
| period of time. | 2822 |
| (B) Each full-time permanent and part-time permanent employee | 2823 |
| whose salary or wage is paid directly by warrant of the director | 2824 |
| of budget and management shall be credited with sick leave of | 2825 |
| three and one-tenth hours for each completed eighty hours of | 2826 |
| service, excluding overtime hours worked. Sick leave is not | 2827 |
| available for use until it appears on the employee's earning | 2828 |
| statement and the compensation described in the earning statement | 2829 |
| is available to the employee. | 2830 |
| (C) Any sick leave credit provided pursuant to division (B) | 2831 |
| of this section, remaining as of the last day of the pay period | 2832 |
| preceding the first paycheck the employee receives in December, | 2833 |
| shall be converted pursuant to section 124.383 of the Revised | 2834 |
| Code. | 2835 |
| (D) Employees may use sick leave, provided a credit balance | 2836 |
| is available, upon approval of the responsible administrative | 2837 |
| officer of the employing unit, for absence due to personal | 2838 |
| illness, pregnancy, injury, exposure to contagious disease that | 2839 |
| could be communicated to other employees, and illness, injury, or | 2840 |
| death in the employee's immediate family. When sick leave is used, | 2841 |
| it shall be deducted from the employee's credit on the basis of | 2842 |
| absence from previously scheduled work in such increments of an | 2843 |
| hour and at such a compensation rate as the director of | 2844 |
| administrative services determines. The appointing authority of | 2845 |
| each employing unit may require an employee to furnish a | 2846 |
| satisfactory, signed statement to justify the use of sick leave. | 2847 |
| If, after having utilized the credit provided by this | 2848 |
| section, an employee utilizes sick leave that was accumulated | 2849 |
| prior to November 15, 1981, compensation for such sick leave used | 2850 |
| shall be at a rate as the director determines. | 2851 |
| (E)(1) The previously accumulated sick leave balance of an | 2852 |
| employee who has been separated from the public service, for which | 2853 |
| separation payments pursuant to section 124.384 of the Revised | 2854 |
| Code have not been made, shall be placed to the employee's credit | 2855 |
| upon the employee's reemployment in the public service, if the | 2856 |
| reemployment takes place within ten years of the date on which the | 2857 |
| employee was last terminated from public service. | 2858 |
| (2) The previously accumulated sick leave balance of an | 2859 |
| employee who has separated from a school district shall be placed | 2860 |
| to the employee's credit upon the employee's appointment as an | 2861 |
| unclassified employee of the state department of education, if all | 2862 |
| of the following apply: | 2863 |
| (a) The employee accumulated the sick leave balance while | 2864 |
| employed by the school district. | 2865 |
| (b) The employee did not receive any separation payments for | 2866 |
| the sick leave balance. | 2867 |
| (c) The employee's employment with the department takes place | 2868 |
| within ten years after the date on which the employee separated | 2869 |
| from the school district. | 2870 |
| (F) An employee who transfers from one public agency to | 2871 |
| another shall be credited with the unused balance of the | 2872 |
| employee's accumulated sick leave. | 2873 |
| (G) The director of administrative services shall establish | 2874 |
| procedures to uniformly administer this section. No sick leave may | 2875 |
| be granted to a state employee upon or after the employee's | 2876 |
| retirement or termination of employment. | 2877 |
| (H) As used in this division, "active payroll" means | 2878 |
| conditions under which an employee is in active pay status or | 2879 |
| eligible to receive pay for an approved leave of absence, | 2880 |
| including, but not limited to, occupational injury leave, | 2881 |
| disability leave, or workers' compensation. | 2882 |
| (1) Employees who are in active payroll status on June 18, | 2883 |
| 2011, shall receive a one-time credit of additional sick leave in | 2884 |
| the pay period that begins on July 1, 2011. Full-time employees | 2885 |
| shall receive the lesser of either a one-time credit of thirty-two | 2886 |
| hours of additional sick leave or a one-time credit of additional | 2887 |
| sick leave equivalent to half the hours of personal leave the | 2888 |
| employee lost during the moratorium established under either | 2889 |
| division (A) of section 124.386 of the Revised Code or pursuant to | 2890 |
| a rule of the director of administrative services. Part-time | 2891 |
| employees shall receive a one-time credit of sixteen hours of | 2892 |
| additional sick leave. | 2893 |
| (2) Employees who are not in active payroll status due to | 2894 |
| military leave or an absence taken in accordance with the federal | 2895 |
| "Family and Medical Leave Act" are eligible to receive the | 2896 |
| one-time additional sick leave credit. | 2897 |
| (3) The one-time additional sick leave credit does not apply | 2898 |
| to employees of the supreme court, general assembly, legislative | 2899 |
| service commission, secretary of state, auditor of state, | 2900 |
| treasurer of state, or attorney general unless the supreme court, | 2901 |
| general assembly, legislative service commission, secretary of | 2902 |
| state, auditor of state, treasurer of state, or attorney general | 2903 |
| participated in the moratorium under division (H) or (I) of | 2904 |
| section 124.386 of the Revised Code and notifies in writing the | 2905 |
| director of administrative services on or before June 1, 2011, of | 2906 |
| the decision to participate in the one-time additional sick leave | 2907 |
| credit. Written notice under this division shall be signed by the | 2908 |
| appointing authority for employees of the supreme court, general | 2909 |
| assembly, or legislative service commission, as the case may be. | 2910 |
| Sec. 124.388. (A) | 2911 |
| division (C) of this section, an appointing authority may, in its | 2912 |
| discretion, place an employee on administrative leave with pay. | 2913 |
| Administrative leave with pay is to be used only in circumstances | 2914 |
| where the health or safety of an employee or of any person or | 2915 |
| property entrusted to the employee's care could be adversely | 2916 |
| affected. Compensation for administrative leave with pay shall be | 2917 |
| equal to the employee's base rate of pay. The length of | 2918 |
| administrative leave with pay is solely at the discretion of the | 2919 |
| appointing authority, but shall not exceed the length of the | 2920 |
| situation for which the leave was granted. An appointing authority | 2921 |
| may also grant administrative leave with pay of two days or less | 2922 |
| for employees who are moved in accordance with section 124.33 of | 2923 |
| the Revised Code. | 2924 |
| (B) | 2925 |
| section, an appointing authority may, in its discretion, place an | 2926 |
| employee on administrative leave without pay for a period not to | 2927 |
| exceed two months, if the employee has been charged with a | 2928 |
| violation of law that is punishable as a felony. If the employee | 2929 |
| subsequently does not plead guilty to or is not found guilty of a | 2930 |
| felony with which the employee is charged or any other felony, the | 2931 |
| appointing authority shall pay the employee at the employee's base | 2932 |
| rate of pay, plus interest, for the period the employee was on the | 2933 |
| unpaid administrative leave. | 2934 |
| (C) An appointing authority that is a city school district | 2935 |
| may place an employee on administrative leave in accordance with | 2936 |
| the policy the board of education of the district adopts pursuant | 2937 |
| to section 3319.141 of the Revised Code. | 2938 |
| Sec. 124.39. As used in this section, "retirement" means | 2939 |
| disability or service retirement under any state or municipal | 2940 |
| retirement system in this state. | 2941 |
| (A)(1) Except as provided in division (A)(3) of this section, | 2942 |
| an employee of a state college or university may elect, at the | 2943 |
| time of retirement from active service and with ten or more years | 2944 |
| of service with the state or any of its political subdivisions, to | 2945 |
| be paid in cash for one-fourth of the value of the employee's | 2946 |
| accrued but unused sick leave credit. Such payment shall be based | 2947 |
| on the employee's rate of pay at the time of retirement. Payment | 2948 |
| for sick leave on this basis shall be considered to eliminate all | 2949 |
| sick leave credit accrued by the employee at that time. Such | 2950 |
| payment shall be made only once to any employee. The maximum | 2951 |
| payment which may be made under this division shall be for | 2952 |
| one-fourth of one hundred twenty days. | 2953 |
| (2) A state college or university may adopt a policy allowing | 2954 |
| an employee to receive payment for more than one-fourth the value | 2955 |
| of the employee's unused sick leave or for more than the aggregate | 2956 |
| value of thirty days of the employee's unused sick leave, or | 2957 |
| allowing the number of years of service to be less than ten. | 2958 |
| (3) Notwithstanding the provisions of division (A)(1) of this | 2959 |
| section, any employee who retired from the university of | 2960 |
| Cincinnati on or after September 25, 1978, and on or before | 2961 |
| November 15, 1981, may be paid in cash for up to one-half of the | 2962 |
| value of the employee's accrued but unused sick leave credit up to | 2963 |
| a maximum of sixty days if the employee otherwise meets the | 2964 |
| service and other requirements necessary to receive such payment | 2965 |
| and if any such payment has deducted from it any amount previously | 2966 |
| paid to the employee from the employee's accrued but unused sick | 2967 |
| leave credit at the time of the employee's retirement. | 2968 |
| (B) Except as provided in division (C) of this section, an | 2969 |
| employee of a political subdivision covered by section 124.38 or | 2970 |
| 3319.141 of the Revised Code may elect, at the time of retirement | 2971 |
| from active service with the political subdivision, and with ten | 2972 |
| or more years of service with the state, any political | 2973 |
| subdivisions, or any combination thereof, to be paid in cash for | 2974 |
| one-fourth the value of the employee's accrued but unused sick | 2975 |
| leave credit. The payment shall be based on the employee's rate of | 2976 |
| pay at the time of retirement and eliminates all sick leave credit | 2977 |
| accrued but unused by the employee at the time payment is made. An | 2978 |
| employee may receive one or more payments under this division, but | 2979 |
| the aggregate value of accrued but unused sick leave credit that | 2980 |
| is paid shall not exceed, for all payments, the value of thirty | 2981 |
| days of accrued but unused sick leave. | 2982 |
| (C) A political subdivision may adopt a policy allowing an | 2983 |
| employee to receive payment for more than one-fourth the value of | 2984 |
| the employee's unused sick leave or for more than the aggregate | 2985 |
| value of thirty days of the employee's unused sick leave, or | 2986 |
| allowing the number of years of service to be less than ten. The | 2987 |
| political subdivision may also adopt a policy permitting an | 2988 |
| employee to receive payment upon a termination of employment other | 2989 |
| than retirement or permitting more than one payment to any | 2990 |
| employee. Any policy adopted under this division by a political | 2991 |
| subdivision that is a city school district shall comply with the | 2992 |
| policy the board of education of the district adopts pursuant to | 2993 |
| section 3319.141 of the Revised Code. | 2994 |
| Notwithstanding section 325.17 or any other section of the | 2995 |
| Revised Code authorizing any appointing authority of a county | 2996 |
| office, department, commission, or board to set compensation, any | 2997 |
| modification of the right provided by division (B) of this | 2998 |
| section, and any policy adopted under division (C) of this | 2999 |
| section, shall only apply to a county office, department, | 3000 |
| commission, or board if it is adopted in one of the following | 3001 |
| ways: | 3002 |
| (1) By resolution of the board of county commissioners for | 3003 |
| any office, department, commission, or board that receives at | 3004 |
| least one-half of its funding from the county general revenue | 3005 |
| fund; | 3006 |
| (2) By order of any appointing authority of a county office, | 3007 |
| department, commission, or board that receives less than one-half | 3008 |
| of its funding from the county general revenue fund. Such office, | 3009 |
| department, commission, or board shall provide written notice to | 3010 |
| the board of county commissioners of such order. | 3011 |
| (3) As part of a collective bargaining agreement. | 3012 |
| A political subdivision may adopt policies similar to the | 3013 |
| provisions contained in sections 124.382 to 124.386 of the Revised | 3014 |
| Code. | 3015 |
| Sec. 124.81. (A) Except as provided in division (F) of this | 3016 |
| section, the department of administrative services in consultation | 3017 |
| with the superintendent of insurance shall negotiate with and, in | 3018 |
| accordance with the competitive selection procedures of Chapter | 3019 |
| 125. of the Revised Code, contract with one or more insurance | 3020 |
| companies authorized to do business in this state, for the | 3021 |
| issuance of one of the following: | 3022 |
| (1) A policy of group life insurance covering all state | 3023 |
| employees who are paid directly by warrant of the state auditor, | 3024 |
| including elected state officials; | 3025 |
| (2) A combined policy, or coordinated policies of one or more | 3026 |
| insurance companies or health insuring corporations in combination | 3027 |
| with one or more insurance companies providing group life and | 3028 |
| health, medical, hospital, dental, or surgical insurance, or any | 3029 |
| combination thereof, covering all such employees; | 3030 |
| (3) A policy that may include, but is not limited to, | 3031 |
| 3032 | |
| 3033 | |
| benefits, group life, life, sickness, and accident insurance, | 3034 |
| group legal services, or a combination of the above benefits for | 3035 |
| some or all of the employees paid in accordance with section | 3036 |
| 124.152 of the Revised Code and for some or all of the employees | 3037 |
| listed in divisions (B)(2) and (4) of section 124.14 of the | 3038 |
| Revised Code, and their immediate dependents. | 3039 |
| (B) The department of administrative services in consultation | 3040 |
| with the superintendent of insurance shall negotiate with and, in | 3041 |
| accordance with the competitive selection procedures of Chapter | 3042 |
| 125. of the Revised Code, contract with one or more insurance | 3043 |
| companies authorized to do business in this state, for the | 3044 |
| issuance of a policy of group life insurance covering all | 3045 |
| municipal and county court judges. The amount of such coverage | 3046 |
| shall be an amount equal to the aggregate salary set forth for | 3047 |
| each municipal court judge in sections 141.04 and 1901.11 of the | 3048 |
| Revised Code, and set forth for each county court judge in | 3049 |
| sections 141.04 and 1907.16 of the Revised Code. | 3050 |
| (C) If a state employee uses all accumulated sick leave and | 3051 |
| then goes on an extended medical disability, the policyholder | 3052 |
| shall continue at no cost to the employee the coverage of the | 3053 |
| group life insurance for such employee for the period of such | 3054 |
| extended leave, but not beyond three years. | 3055 |
| (D) If a state employee insured under a group life insurance | 3056 |
| policy as provided in division (A) of this section is laid off | 3057 |
| pursuant to section 124.32 of the Revised Code, such employee by | 3058 |
| request to the policyholder, made no later than the effective date | 3059 |
| of the layoff, may elect to continue the employee's group life | 3060 |
| insurance for the one-year period through which the employee may | 3061 |
| be considered to be on laid-off status by paying the policyholder | 3062 |
| through payroll deduction or otherwise twelve times the monthly | 3063 |
| premium computed at the existing average rate for the group life | 3064 |
| case for the amount of the employee's insurance thereunder at the | 3065 |
| time of the employee's layoff. The policyholder shall pay the | 3066 |
| premiums to the insurance company at the time of the next regular | 3067 |
| monthly premium payment for the actively insured employees and | 3068 |
| furnish the company appropriate data as to such laid-off | 3069 |
| employees. At the time an employee receives written notice of a | 3070 |
| layoff, the policyholder shall also give such employee written | 3071 |
| notice of the opportunity to continue group life insurance in | 3072 |
| accordance with this division. When such laid-off employee is | 3073 |
| reinstated for active work before the end of the one-year period, | 3074 |
| the employee shall be reclassified as insured again as an active | 3075 |
| employee under the group and appropriate refunds for the number of | 3076 |
| full months of unearned premium payment shall be made by the | 3077 |
| policyholder. | 3078 |
| (E) This section does not affect the conversion rights of an | 3079 |
| insured employee when the employee's group insurance terminates | 3080 |
| under the policy. | 3081 |
| (F) Notwithstanding division (A) of this section, the | 3082 |
| department may provide benefits equivalent to those that may be | 3083 |
| paid under a policy issued by an insurance company, or the | 3084 |
| department may, to comply with a collectively bargained contract, | 3085 |
| enter into an agreement with a jointly administered trust fund | 3086 |
| which receives contributions pursuant to a collective bargaining | 3087 |
| agreement entered into between this state, or any of its political | 3088 |
| subdivisions, and any collective bargaining representative of the | 3089 |
| employees of this state or any political subdivision for the | 3090 |
| purpose of providing for self-insurance of all risk in the | 3091 |
| provision of fringe benefits similar to those that may be paid | 3092 |
| pursuant to division (A) of this section, and the jointly | 3093 |
| administered trust fund may provide through the self-insurance | 3094 |
| method specific fringe benefits as authorized by the rules of the | 3095 |
| board of trustees of the jointly administered trust fund. Any | 3096 |
| health care benefits provided through the fund shall be the same | 3097 |
| as those health care benefits provided under a contract entered | 3098 |
| into under division (A) of this section. The director shall make | 3099 |
| any contract entered into under division (A) of this section that | 3100 |
| provides health care benefits available to the board of trustees | 3101 |
| of the jointly administered trust fund. Amounts from the fund may | 3102 |
| be used to pay direct and indirect costs that are attributable to | 3103 |
| consultants or a third-party administrator and that are necessary | 3104 |
| to administer this section. Benefits provided under this section | 3105 |
|
include | 3106 |
| 3107 | |
| health care | 3108 |
| insurance, sickness and accident insurance, group legal services, | 3109 |
| or a combination of the above benefits, for the employees and | 3110 |
| their immediate dependents. | 3111 |
| (G) Notwithstanding any other provision of the Revised Code, | 3112 |
| any public employer, including the state, and any of its political | 3113 |
| subdivisions, including, but not limited to, any county, county | 3114 |
| hospital, municipal corporation, township, park district, school | 3115 |
| district, state institution of higher education, public or special | 3116 |
| district, state agency, authority, commission, or board, or any | 3117 |
| other branch of public employment, and any collective bargaining | 3118 |
| representative of employees of the state or any political | 3119 |
| subdivision may agree in a collective bargaining agreement that | 3120 |
|
any mutually agreed fringe benefit including | 3121 |
| 3122 | |
| 3123 | |
| 3124 | |
| accident insurance, group legal services, or a combination | 3125 |
| thereof, for employees and their dependents be provided through a | 3126 |
| mutually agreed upon contribution to a jointly administered trust | 3127 |
| fund. Amounts from the fund may be used to pay direct and indirect | 3128 |
| costs that are attributable to consultants or a third-party | 3129 |
| administrator and that are necessary to administer this section. | 3130 |
| The amount, type, and structure of fringe benefits provided under | 3131 |
| this division is subject to the determination of the board of | 3132 |
| trustees of the jointly administered trust fund, except that any | 3133 |
| health care benefits provided through the fund shall be the same | 3134 |
| as those health care benefits provided under a contract entered | 3135 |
| into between the public employer and the insurance company | 3136 |
| providing those benefits. The public employer shall make that | 3137 |
| contract available to the board of trustees of the jointly | 3138 |
| administered trust fund. Notwithstanding any other provision of | 3139 |
| the Revised Code, competitive bidding does not apply to the | 3140 |
| purchase of fringe benefits for employees under this division | 3141 |
| through a jointly administered trust fund. | 3142 |
| (H) The health care benefits provided to a management level | 3143 |
| employee, as defined in section 4117.01 of the Revised Code, under | 3144 |
| a contract entered into under this section shall be the same as | 3145 |
| any health care benefits provided to other employees of the same | 3146 |
| public employer. | 3147 |
| (I) A public employer, including the state and any of its | 3148 |
| political subdivisions, shall not pay more than eighty-five per | 3149 |
| cent of the cost of the provision of health care benefits pursuant | 3150 |
| to this section. | 3151 |
| (J) As used in this section and section 124.82 of the Revised | 3152 |
| Code, "health care benefits" includes hospitalization, surgical, | 3153 |
| major medical, dental, vision, and medical care, disability, | 3154 |
| hearing aids, prescription drugs, or a combination of these | 3155 |
| benefits. | 3156 |
| Sec. 124.82. (A) Except as provided in division (D) of this | 3157 |
| section, the department of administrative services, in | 3158 |
| consultation with the superintendent of insurance, shall, in | 3159 |
| accordance with competitive selection procedures of Chapter 125. | 3160 |
| of the Revised Code, contract with an insurance company or a | 3161 |
| health plan in combination with an insurance company, authorized | 3162 |
| to do business in this state, for the issuance of a policy or | 3163 |
| contract of health, medical, hospital, dental, or surgical | 3164 |
| benefits, or any combination of those benefits, covering state | 3165 |
| employees who are paid directly by warrant of the director of | 3166 |
| budget and management, including elected state officials. The | 3167 |
| department may fulfill its obligation under this division by | 3168 |
| exercising its authority under division (A)(2) of section 124.81 | 3169 |
| of the Revised Code. | 3170 |
| (B) The department may, in addition, in consultation with the | 3171 |
| superintendent of insurance, negotiate and contract with health | 3172 |
| insuring corporations holding a certificate of authority under | 3173 |
| Chapter 1751. of the Revised Code, in their approved service areas | 3174 |
| only, for issuance of a contract or contracts of health care | 3175 |
| services, covering state employees who are paid directly by | 3176 |
| warrant of the director of budget and management, including | 3177 |
| elected state officials. The department may enter into contracts | 3178 |
| with one or more insurance carriers or health plans to provide the | 3179 |
| same plan of benefits, provided that: | 3180 |
| (1) The amount of the premium or cost for such coverage | 3181 |
| contributed by the state, for an individual or for an individual | 3182 |
| and the individual's family, does not exceed that same amount of | 3183 |
| the premium or cost contributed by the state under division (A) of | 3184 |
| this section; | 3185 |
| (2) The employee be permitted to exercise the option as to | 3186 |
| which plan the employee will select under division (A) or (B) of | 3187 |
| this section, at a time that shall be determined by the | 3188 |
| department; | 3189 |
| (3) The health insuring corporations do not refuse to accept | 3190 |
| the employee, or the employee and the employee's family, if the | 3191 |
| employee exercises the option to select care provided by the | 3192 |
| corporations; | 3193 |
| (4) The employee may choose participation in only one of the | 3194 |
| plans sponsored by the department; | 3195 |
| (5) The director of health examines and certifies to the | 3196 |
| department that the quality and adequacy of care rendered by the | 3197 |
| health insuring corporations meet at least the standards of care | 3198 |
| provided by hospitals and physicians in that employee's community, | 3199 |
| who would be providing such care as would be covered by a contract | 3200 |
| awarded under division (A) of this section. | 3201 |
| (C) | 3202 |
| all or any portion of the cost, premium, or charge for the | 3203 |
| coverage in divisions (A) and (B) of this section may be paid in | 3204 |
| such manner or combination of manners as the department determines | 3205 |
| and may include the proration of health care costs, premiums, or | 3206 |
| charges for part-time employees. | 3207 |
| (D) Notwithstanding division (A) of this section, the | 3208 |
| department may provide benefits equivalent to those that may be | 3209 |
| paid under a policy or contract issued by an insurance company or | 3210 |
| a health plan pursuant to division (A) of this section. | 3211 |
| (E) This section does not prohibit the state office of | 3212 |
| collective bargaining from entering into an agreement with an | 3213 |
| employee representative for the purposes of providing fringe | 3214 |
|
benefits, including, | 3215 |
| 3216 | |
| 3217 | |
| group life insurance, sickness and accident insurance, group legal | 3218 |
| services or other benefits, or any combination of those benefits, | 3219 |
| to employees paid directly by warrant of the director of budget | 3220 |
| and management through a jointly administered trust fund. The | 3221 |
| employer's contribution for the cost of the benefit care shall be | 3222 |
| mutually agreed to in the collectively bargained agreement. The | 3223 |
| amount, type, and structure of fringe benefits provided under this | 3224 |
| division is subject to the determination of the board of trustees | 3225 |
| of the jointly administered trust fund. Any health care benefits | 3226 |
| provided through the fund shall be the same as those health care | 3227 |
| benefits provided under a contract entered into under division (A) | 3228 |
| of section 124.81 of the Revised Code. The director of | 3229 |
| administrative services shall make any contract entered into under | 3230 |
| that division that provides health care benefits available to the | 3231 |
| board of trustees of the jointly administered trust fund. | 3232 |
| Notwithstanding any other provision of the Revised Code, | 3233 |
| competitive bidding does not apply to the purchase of fringe | 3234 |
| benefits for employees under this division when those benefits are | 3235 |
| provided through a jointly administered trust fund. | 3236 |
| (F) Members of state boards or commissions may be covered by | 3237 |
| any policy, contract, or plan of benefits or services described in | 3238 |
| division (A) or (B) of this section. Board or commission members | 3239 |
| who are appointed for a fixed term and who are compensated on a | 3240 |
| per meeting basis, or paid only for expenses, or receive a | 3241 |
| combination of per diem payments and expenses shall pay the entire | 3242 |
| amount of the premiums, costs, or charges for that coverage. | 3243 |
| (G) The health care benefits provided to a management level | 3244 |
| employee, as defined in section 4117.01 of the Revised Code, under | 3245 |
| a contract entered into under this section shall be the same as | 3246 |
| any health care benefits provided to other employees of the same | 3247 |
| public employer. | 3248 |
| (H) A state employee who receives insurance under this | 3249 |
| section shall pay at least fifteen per cent of the cost of the | 3250 |
| premium assessed for any insurance policy issued pursuant to this | 3251 |
| section that covers health, medical, hospital, or surgical | 3252 |
| benefits. | 3253 |
| Sec. 124.94. (A) There is hereby created the Ohio commission | 3254 |
| for excellence in public service, which shall consist of at least | 3255 |
| seven and not more than eleven voting members. The director may | 3256 |
| appoint additional participants and establish advisory committees | 3257 |
| for the commission, but any additional participants shall not be | 3258 |
| voting members. | 3259 |
| (B) Within forty days after the effective date of this | 3260 |
| section, the director of administrative services shall appoint the | 3261 |
| voting members of the commission. In making the appointments, the | 3262 |
| director shall consult with organizations that have both of the | 3263 |
| following: | 3264 |
| (1) Memberships consisting of, and that represent the | 3265 |
| professional or labor interests of, employees of state agencies, | 3266 |
| state institutions of higher education, or political subdivisions | 3267 |
| of this state; | 3268 |
| (2) Memberships that employ public service employees, | 3269 |
| including municipal leagues and municipal league organizations, | 3270 |
| which include mayors' associations and municipal finance officers, | 3271 |
| county auditors, judges, county commissioners, county prosecutors, | 3272 |
| county sheriffs, township trustees, school boards, and school | 3273 |
| superintendents. | 3274 |
| (C) The commission shall consult with public and private | 3275 |
| organizations located internationally, nationally, and within this | 3276 |
| state and with members or employees in this state that have been | 3277 |
| recognized as having expertise and competencies in best practices | 3278 |
| that foster healthy workplace conditions for both employees and | 3279 |
| employers. | 3280 |
| (D) The commission may partner with existing organizations to | 3281 |
| perform its functions in order to maximize resources and | 3282 |
| demonstrate lean and efficient practices. The commission may | 3283 |
| organize itself with capability to contract or employ and to have | 3284 |
| fiscal authority to receive funds from private or public entities, | 3285 |
| contract for services, provide grants, and establish cost matching | 3286 |
| or gain sharing programs. Members of the commission shall receive | 3287 |
| no compensation but shall be reimbursed for the actual and | 3288 |
| necessary expenses incurred in the performance of their duties. | 3289 |
| (E) The commission shall do all of the following: | 3290 |
| (1) Establish and guide programs that foster best practices | 3291 |
| for developing and maintaining healthy working relationships in | 3292 |
| public service workplaces in state and local governments in this | 3293 |
| state; | 3294 |
| (2) Emphasize approaches that encourage involvement of | 3295 |
| direct-service employees and their supervisors in identifying and | 3296 |
| implementing division (E)(1) of this section. | 3297 |
| (3) Promote programs that offer scholarships or other | 3298 |
| financial aid, provide certification or other accreditation, and | 3299 |
| provide recognition through awards or other means to individuals | 3300 |
| and organizations that achieve excellence in division (E)(1) of | 3301 |
| this section. | 3302 |
| (F) The programs described in division (E)(3) of this section | 3303 |
| shall be promoted in public and private high schools, colleges and | 3304 |
| universities, amongst associations of governmental officials, and | 3305 |
| amongst public employee organizations in order to teach best | 3306 |
| practices under division (E)(1) of this section. | 3307 |
| (G) The commission annually shall prepare a report on the | 3308 |
| activities and finances of the commission beginning not later than | 3309 |
| one year and three months after a majority of the initial | 3310 |
| membership of the commission is appointed. The commission shall | 3311 |
| post the report in a conspicuous location on the commission's web | 3312 |
| site. | 3313 |
| Sec. 126.32. (A) Any officer of any state agency may | 3314 |
| authorize reimbursement for travel, including the costs of | 3315 |
| transportation, for lodging, and for meals to any person who is | 3316 |
|
interviewing for a position that | 3317 |
|
range 13 or above in schedule E-1 | 3318 |
| 3319 | |
| Revised Code in effect immediately prior to the effective date of | 3320 |
|
this amendment, or is otherwise classified | 3321 |
| under section 124.152 of the Revised Code. | 3322 |
| (B) If a person is appointed to a position listed in section | 3323 |
| 121.03 of the Revised Code, to the position of chairperson of the | 3324 |
| industrial commission, adjutant general, chancellor of the Ohio | 3325 |
| board of regents, superintendent of public instruction, | 3326 |
| chairperson of the public utilities commission of Ohio, or | 3327 |
| director of the state lottery commission, to a position holding a | 3328 |
| fiduciary relationship to the governor, to a position of an | 3329 |
| appointing authority of the department of mental health, | 3330 |
| developmental disabilities, or rehabilitation and correction, to a | 3331 |
| position of superintendent in the department of youth services, or | 3332 |
| to a position under section 122.05 of the Revised Code, and if | 3333 |
| that appointment requires a permanent change of residence, the | 3334 |
| appropriate state agency may reimburse the person for the person's | 3335 |
| actual and necessary expenses, including the cost of in-transit | 3336 |
| storage of household goods and personal effects, of moving the | 3337 |
| person and members of the person's immediate family residing in | 3338 |
| the person's household, and of moving their household goods and | 3339 |
| personal effects, to the person's new location. | 3340 |
| Until that person moves the person's permanent residence to | 3341 |
| the new location, but not for a period that exceeds thirty | 3342 |
| consecutive days, the state agency may reimburse the person for | 3343 |
| the person's temporary living expenses at the new location that | 3344 |
| the person has incurred on behalf of the person and members of the | 3345 |
| person's immediate family residing in the person's household. In | 3346 |
| addition, the state agency may reimburse that person for the | 3347 |
| person's travel expenses between the new location and the person's | 3348 |
| former residence during this period for a maximum number of trips | 3349 |
| specified by rule of the director of budget and management, but | 3350 |
| the state agency shall not reimburse the person for travel | 3351 |
| expenses incurred for those trips by members of the person's | 3352 |
| immediate family. With the prior written approval of the director, | 3353 |
| the maximum thirty-day period for temporary living expenses may be | 3354 |
| extended for a person appointed to a position under section 122.05 | 3355 |
| of the Revised Code. | 3356 |
| The director of development may reimburse a person appointed | 3357 |
| to a position under section 122.05 of the Revised Code for the | 3358 |
| person's actual and necessary expenses of moving the person and | 3359 |
| members of the person's immediate family residing in the person's | 3360 |
| household back to the United States and may reimburse a person | 3361 |
| appointed to such a position for the cost of storage of household | 3362 |
| goods and personal effects of the person and the person's | 3363 |
| immediate family while the person is serving outside the United | 3364 |
| States, if the person's office outside the United States is the | 3365 |
| person's primary job location. | 3366 |
| (C) All reimbursement under division (A) or (B) of this | 3367 |
| section shall be made in the manner, and at rates that do not | 3368 |
| exceed those, provided by rule of the director of budget and | 3369 |
| management in accordance with section 111.15 of the Revised Code. | 3370 |
| Reimbursements may be made under division (B) of this section | 3371 |
| directly to the persons who incurred the expenses or directly to | 3372 |
| the providers of goods or services the persons receive, as | 3373 |
| determined by the director of budget and management. | 3374 |
| Sec. 141.01. Except as provided in section 141.011 of the | 3375 |
| Revised Code, the annual salaries of the elective executive | 3376 |
| officers of the state are as follows: | 3377 |
| (A) Governor, one hundred twenty-two thousand eight hundred | 3378 |
| twelve dollars; | 3379 |
| (B) Lieutenant governor, sixty-four thousand three hundred | 3380 |
| seventy-five dollars; | 3381 |
| (C) Secretary of state, ninety thousand seven hundred | 3382 |
| twenty-five dollars; | 3383 |
| (D) Auditor of state, ninety thousand seven hundred | 3384 |
| twenty-five dollars; | 3385 |
| (E) Treasurer of state, ninety thousand seven hundred | 3386 |
| twenty-five dollars; | 3387 |
| (F) Attorney general, ninety thousand seven hundred | 3388 |
| twenty-five dollars. | 3389 |
| These salaries shall be paid according to | 3390 |
| 3391 | |
| administrative services under section 124.15 of the Revised Code. | 3392 |
| Upon the death of an elected executive officer of the state listed | 3393 |
| in divisions (A) to (F) of this section during the officer's term | 3394 |
| of office, an amount shall be paid in accordance with section | 3395 |
| 2113.04 of the Revised Code, or to the officer's estate. The | 3396 |
| amount shall equal the amount of the salary that the officer would | 3397 |
| have received during the remainder of the officer's unexpired term | 3398 |
| or an amount equal to the salary of the office held for two years, | 3399 |
| whichever is less. | 3400 |
| Unless a higher salary is explicitly established by statute, | 3401 |
| no officer or employee elected or appointed, and no officer or | 3402 |
| employee of any state agency or state-assisted institution except | 3403 |
| a state institution of higher education or the Ohio board of | 3404 |
| regents for the positions of chancellor and vice chancellor for | 3405 |
| health affairs, shall be paid as an officer or employee, whether | 3406 |
| from appropriated or nonappropriated funds, a total salary that | 3407 |
| exceeds fifty-five thousand dollars per calendar year. This | 3408 |
| paragraph does not apply to the salaries of individuals holding or | 3409 |
| appointed to endowed academic chairs or endowed academic | 3410 |
| professorships at a state-supported institution of higher | 3411 |
|
education or to the salaries of individuals paid under | 3412 |
| 3413 | |
| Revised Code. | 3414 |
| Sec. 141.02. (A) The salaries of the adjutant general, the | 3415 |
| assistant adjutant general for army, the assistant adjutant | 3416 |
| general for air, and the assistant quartermaster general shall be | 3417 |
|
paid according to | 3418 |
| director of administrative services under section 124.15 of the | 3419 |
| Revised Code. | 3420 |
| (B) The adjutant general, the assistant adjutant general for | 3421 |
| army, the assistant adjutant general for air, and the assistant | 3422 |
| quartermaster general shall receive the basic allowances for | 3423 |
| quarters and for subsistence of their rank according to the pay at | 3424 |
| the time prescribed for the armed forces of the United States, | 3425 |
| except that the assistant adjutant general for air shall not | 3426 |
| receive flying pay. The adjutant general shall not receive any | 3427 |
| flying pay, even if the adjutant general is an officer in the air | 3428 |
| national guard. | 3429 |
| (C) The adjutant general, assistant adjutant general for | 3430 |
| army, and the assistant adjutant general for air may take a leave | 3431 |
| of absence from their respective positions without loss of pay for | 3432 |
| the time they are performing service in the uniformed service as | 3433 |
| required by their federally recognized officer status. These | 3434 |
| positions shall not accrue leave as other permanent state | 3435 |
| employees do but shall accrue leave and record usage of leave as | 3436 |
| if these positions were those of the administrative department | 3437 |
| heads listed in section 121.03 of the Revised Code. | 3438 |
| (D) If the assistant quartermaster general is a federally | 3439 |
| recognized officer, the assistant quartermaster general may take a | 3440 |
| leave of absence from the position without loss of pay for the | 3441 |
| time the assistant quartermaster general is performing service in | 3442 |
| the uniformed service as required by the person's federally | 3443 |
| recognized officer status and the assistant quartermaster general | 3444 |
| shall not accrue leave as other permanent state employees do but | 3445 |
| shall accrue leave and record usage of leave as if the assistant | 3446 |
| quartermaster general were an administrative department head | 3447 |
| listed in section 121.03 of the Revised Code. If the assistant | 3448 |
| quartermaster general is not a federally recognized officer, the | 3449 |
| assistant quartermaster general shall accrue leave as other | 3450 |
| permanent state employees do. | 3451 |
| (E) Notwithstanding Chapter 102. of the Revised Code and any | 3452 |
| other provision of law, the adjutant general, assistant adjutant | 3453 |
| general for army, assistant adjutant general for air, and | 3454 |
| assistant quartermaster general may retain, in addition to any | 3455 |
| state compensation, any federal pay, allowances, and compensation | 3456 |
| received because of any federally recognized officer status. | 3457 |
| Sec. 145.012. (A) "Public employee," as defined in division | 3458 |
| (A) of section 145.01 of the Revised Code, does not include any | 3459 |
| person: | 3460 |
| (1) Who is employed by a private, temporary-help service and | 3461 |
| performs services under the direction of a public employer or is | 3462 |
| employed on a contractual basis as an independent contractor under | 3463 |
| a personal service contract with a public employer; | 3464 |
| (2) Who is an emergency employee serving on a temporary basis | 3465 |
| in case of fire, snow, earthquake, flood, or other similar | 3466 |
| emergency; | 3467 |
| (3) Who is employed in a program established pursuant to the | 3468 |
| "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A. | 3469 |
| 1501; | 3470 |
| (4) Who is an appointed member of either the motor vehicle | 3471 |
| salvage dealers board or the motor vehicle dealer's board whose | 3472 |
| rate and method of payment are determined pursuant to division | 3473 |
| 3474 |
| (5) Who is employed as an election worker and paid less than | 3475 |
| five hundred dollars per calendar year for that service; | 3476 |
| (6) Who is employed as a firefighter in a position requiring | 3477 |
| satisfactory completion of a firefighter training course approved | 3478 |
| under former section 3303.07 or section 4765.55 of the Revised | 3479 |
| Code or conducted under section 3737.33 of the Revised Code except | 3480 |
| for the following: | 3481 |
| (a) Any firefighter who has elected under section 145.013 of | 3482 |
| the Revised Code to remain a contributing member of the public | 3483 |
| employees retirement system; | 3484 |
| (b) Any firefighter who was eligible to transfer from the | 3485 |
| public employees retirement system to the Ohio police and fire | 3486 |
| pension fund under section 742.51 or 742.515 of the Revised Code | 3487 |
| and did not elect to transfer; | 3488 |
| (c) Any firefighter who has elected under section 742.516 of | 3489 |
| the Revised Code to transfer from the Ohio police and fire pension | 3490 |
| fund to the public employees retirement system. | 3491 |
| (7) Who is a member of the board of health of a city or | 3492 |
| general health district, which pursuant to sections 3709.051 and | 3493 |
| 3709.07 of the Revised Code includes a combined health district, | 3494 |
| and whose compensation for attendance at meetings of the board is | 3495 |
| set forth in division (B) of section 3709.02 or division (B) of | 3496 |
| section 3709.05 of the Revised Code, as appropriate; | 3497 |
| (8) Who participates in an alternative retirement plan | 3498 |
| established under Chapter 3305. of the Revised Code; | 3499 |
| (9) Who is a member of the board of directors of a sanitary | 3500 |
| district established under Chapter 6115. of the Revised Code; | 3501 |
| (10) Who is a member of the unemployment compensation | 3502 |
| advisory council; | 3503 |
| (11) Who is an employee, officer, or governor-appointed | 3504 |
| member of the board of directors of the nonprofit corporation | 3505 |
| formed under section 187.01 of the Revised Code. | 3506 |
| (B) No inmate of a correctional institution operated by the | 3507 |
| department of rehabilitation and correction, no patient in a | 3508 |
| hospital for the mentally ill or criminally insane operated by the | 3509 |
| department of mental health, no resident in an institution for the | 3510 |
| mentally retarded operated by the department of developmental | 3511 |
| disabilities, no resident admitted as a patient of a veterans' | 3512 |
| home operated under Chapter 5907. of the Revised Code, and no | 3513 |
| resident of a county home shall be considered as a public employee | 3514 |
| for the purpose of establishing membership or calculating service | 3515 |
| credit or benefits under this chapter. Nothing in this division | 3516 |
| shall be construed to affect any service credit attained by any | 3517 |
| person who was a public employee before becoming an inmate, | 3518 |
| patient, or resident at any institution listed in this division, | 3519 |
| or the payment of any benefit for which such a person or such a | 3520 |
| person's beneficiaries otherwise would be eligible. | 3521 |
| Sec. 145.47. (A) Each public employee who is a contributor | 3522 |
| to the public employees retirement system shall contribute eight | 3523 |
| per cent of the contributor's earnable salary to the employees' | 3524 |
| savings fund, except that the public employees retirement board | 3525 |
| may raise the contribution rate to a rate not greater than ten per | 3526 |
| cent of the employee's earnable salary. | 3527 |
| The contributions required under this section shall not be | 3528 |
| paid by an employer on an employee's behalf, but may be treated as | 3529 |
| employer contributions for purposes of state and federal income | 3530 |
| tax deferred income provisions. | 3531 |
| (B) The head of each state department, institution, board, | 3532 |
| and commission, and the fiscal officer of each local authority | 3533 |
| subject to this chapter, shall deduct from the earnable salary of | 3534 |
| each contributor on every payroll of such contributor for each | 3535 |
| payroll period subsequent to the date of coverage, an amount equal | 3536 |
| to the applicable per cent of the contributor's earnable salary. | 3537 |
| The head of each state department and the fiscal officer of each | 3538 |
| local authority subject to this chapter shall transmit promptly to | 3539 |
| the system a report of contributions at such intervals and in such | 3540 |
| form as the system shall require, showing thereon all deductions | 3541 |
| for the system made from the earnable salary of each contributor | 3542 |
| employed, together with warrants, checks, or electronic payments | 3543 |
| covering the total of such deductions. A penalty shall be added | 3544 |
| when such report, together with warrants, checks, or electronic | 3545 |
| payments to cover the total amount due from the earnable salary of | 3546 |
| all amenable employees of such employer, is filed thirty or more | 3547 |
| days after the last day of such reporting period. The system, | 3548 |
| after making a record of all receipts under this division, shall | 3549 |
| deposit the receipts with the treasurer of state for use as | 3550 |
| provided by this chapter. | 3551 |
| (C) Unless the board adopts a rule under division (D) of this | 3552 |
| section, the penalty described in division (B) of this section for | 3553 |
| failing to timely transmit a report, pay the total amount due, or | 3554 |
| both is as follows: | 3555 |
| (1) At least one but not more than ten days past due, an | 3556 |
| amount equal to one per cent of the total amount due; | 3557 |
| (2) At least eleven but not more than thirty days past due, | 3558 |
| an amount equal to two and one-half per cent of the total amount | 3559 |
| due; | 3560 |
| (3) Thirty-one or more days past due, an amount equal to five | 3561 |
| per cent of the total amount due. | 3562 |
| The penalty described in this division shall be added to and | 3563 |
| collected on the next succeeding regular employer billing. | 3564 |
| Interest at a rate set by the retirement board shall be charged on | 3565 |
| the amount of the penalty in case such penalty is not paid within | 3566 |
| thirty days after it is added to the regular employer billing. | 3567 |
| (D) The board may adopt rules to establish penalties in | 3568 |
| amounts that do not exceed the amounts specified in divisions | 3569 |
| (C)(1) to (3) of this section. | 3570 |
| (E) In addition to the periodical reports of deduction | 3571 |
| required by this section, the fiscal officer of each local | 3572 |
| authority subject to this chapter shall submit to the system at | 3573 |
| least once each year a complete listing of all noncontributing | 3574 |
| appointive employees. Where an employer fails to transmit | 3575 |
| contributions to the system, the system may make a determination | 3576 |
| of the employees' liability for contributions and certify to the | 3577 |
| employer the amounts due for collection in the same manner as | 3578 |
| payments due the employers' accumulation fund. Any amounts so | 3579 |
| collected shall be held in trust pending receipt of a report of | 3580 |
| contributions for such public employees for the period involved as | 3581 |
| provided by law and, thereafter, the amount in trust shall be | 3582 |
| transferred to the employees' savings fund to the credit of the | 3583 |
| employees. Any amount remaining after the transfer to the | 3584 |
| employees' savings fund shall be transferred to the employers' | 3585 |
| accumulation fund as a credit of such employer. | 3586 |
| (F) The fiscal officer of each local authority subject to | 3587 |
| this chapter shall require each new contributor to submit to the | 3588 |
| system a detailed report of all the contributor's previous service | 3589 |
| as a public employee along with such other facts as the board | 3590 |
| requires for the proper operation of the system. | 3591 |
| (G) Any member who, because of the member's own illness, | 3592 |
| injury, or other reason which may be approved by the member's | 3593 |
| employer is prevented from making the member's contribution to the | 3594 |
| system for any payroll period, may pay such deductions as a back | 3595 |
| payment within one year. | 3596 |
| Sec. 306.04. (A) Except as otherwise provided in division | 3597 |
| (B) of this section, employees of a county transit board or a | 3598 |
| board of county commissioners operating a transit system are | 3599 |
| employees of the county. If the system is operated by the board of | 3600 |
| county commissioners, the board shall appoint an executive | 3601 |
| director, who shall be in the unclassified service. | 3602 |
| (B) Any county transit board that established its own civil | 3603 |
|
service organization and procedure prior to | 3604 |
| 3605 | |
| that organization. Appointments and promotions in that system | 3606 |
| shall be made, as far as practicable, by competitive examination. | 3607 |
| A board that established its own civil service organization | 3608 |
|
prior to | 3609 |
| shall establish by rule the seniority provisions relating to | 3610 |
| street railway and motor bus employees in effect at the time of | 3611 |
| the acquisition of the transit system by the county. When a | 3612 |
| reduction in force is necessary, the board shall not use an | 3613 |
| employee's length of service as the only factor to determine | 3614 |
| whether to lay off the employee. The vacation, holiday, and sick | 3615 |
| leave privileges shall not be regulated by other provisions of law | 3616 |
| relating to public employees of the state or county, except that | 3617 |
| the transit board, its officers and employees, shall be subject to | 3618 |
| the public employees retirement system of the state and the | 3619 |
| transit board shall assume any pension obligations which have been | 3620 |
| assumed by any publicly owned transit system which the county may | 3621 |
| acquire. | 3622 |
| (C) A county transit board or board of county commissioners | 3623 |
| operating a transit system may: | 3624 |
| (1) Acquire in its name by gift, grant, purchase, or | 3625 |
| condemnation and hold and operate real estate and interests | 3626 |
| therein and personal property suitable for its purposes; | 3627 |
| (2) In its name purchase, acquire, construct, enlarge, | 3628 |
| improve, equip, repair, maintain, sell, exchange, lease as lessee | 3629 |
| or lessor, receive a right of use of, and manage, control, and | 3630 |
| operate, in or out of the county, a county transit system | 3631 |
| consisting of all real estate and interests therein, personal | 3632 |
| property, and a combination thereof, for or related to the | 3633 |
| movement of persons including but not limited to street railway, | 3634 |
| tramline, subways, rapid transits, monorails, and passenger bus | 3635 |
| systems but excluding therefrom trucks, the movement of property | 3636 |
| by truck, and facilities designed for use in the movement of | 3637 |
| property by truck for hire; | 3638 |
| (3) Issue, with the approval of the county commissioners when | 3639 |
| the issuance is made by the transit board, revenue bonds of the | 3640 |
| county as provided in division (B) of section 306.09 of the | 3641 |
| Revised Code, to secure funds to accomplish its purposes. The | 3642 |
| principal of and interest on such bonds, together with all other | 3643 |
| payments required to be made by the trust agreement or indenture | 3644 |
| securing such bonds, shall be paid solely from revenues or other | 3645 |
| income accruing to the board from facilities of the county transit | 3646 |
| system designated in said agreement or indenture. | 3647 |
| (4) Enter into contracts in the exercise of the rights, | 3648 |
| powers, and duties conferred upon it, and execute all instruments | 3649 |
| necessary in the conduct of its business; | 3650 |
| (5) Fix, alter, and charge rates and other charges for the | 3651 |
| use of its real estate and interests therein, personal property, | 3652 |
| and combinations thereof; | 3653 |
| (6) Employ such financial consultants, accountants, | 3654 |
| appraisers, consulting engineers, architects, construction | 3655 |
| experts, attorneys-at-law, managers and other supervisory | 3656 |
| personnel, and other officers, employees, and agents as it | 3657 |
| determines necessary to conduct its business, and fix their | 3658 |
| compensation and duties; | 3659 |
| (7) Pledge, hypothecate, or otherwise encumber its revenues | 3660 |
| and other income as security for its obligations and enter into | 3661 |
| trust agreements or indentures for the benefit of revenue | 3662 |
| bondholders; | 3663 |
| (8) Borrow money or accept or contract to accept advances, | 3664 |
| loans, gifts, grants, devises, or bequests from and enter into | 3665 |
| contracts or agreements with any federal, state, or other | 3666 |
| governmental or private source and hold and apply advances, loans, | 3667 |
| gifts, grants, devises, or bequests according to the terms thereof | 3668 |
| including provisions which are required by such federal, state, or | 3669 |
| other governmental or private source to protect the interest of | 3670 |
| employees affected by such advances, loans, gifts, grants, | 3671 |
| devises, or bequests. Such advances, loans, gifts, grants, or | 3672 |
| devises may be subject to any reasonable reservation and any gift, | 3673 |
| grant, or devise or real estate may be in fee simple or any lesser | 3674 |
| estate. Any advances or loans received from any federal, state, or | 3675 |
| other governmental or private source may be repaid in accordance | 3676 |
| with the terms of such advance or loan. | 3677 |
| (9) Conduct investigations and surveys into the needs of the | 3678 |
| public within or without the county for transportation services to | 3679 |
| provide for the movement of persons within, into, or from the area | 3680 |
| serviced or to be serviced by the county transit system; | 3681 |
| (10) Enter into lawful arrangements with the appropriate | 3682 |
| federal or state department or agency, county, township, municipal | 3683 |
| corporation, or other political subdivision or public agency for | 3684 |
| the planning and installation of any public facilities which are | 3685 |
| determined necessary in the conduct of its business; | 3686 |
| (11) Purchase fire, extended coverage, and liability | 3687 |
| insurance for the real estate and interests therein, personal | 3688 |
| property and any combination thereof, used by or in connection | 3689 |
| with the county transit system and insurance covering the board | 3690 |
| and the county transit system and its officers and employees for | 3691 |
| liability for damage or injury to persons or property; | 3692 |
| (12) Procure and pay all or any part of the cost of group | 3693 |
| hospitalization, surgical, major medical, or sickness and accident | 3694 |
| insurance, or a combination thereof, for the officers and | 3695 |
| employees of the county transit system and their immediate | 3696 |
| dependents, issued by an insurance company, duly authorized to do | 3697 |
| business in this state; | 3698 |
| (13) Sell, lease, release, or otherwise dispose of real | 3699 |
| estate or interests therein or personal property owned by it and | 3700 |
| grant such easements across its real estate and interests therein | 3701 |
| as will not interfere with its use by the county transit system; | 3702 |
| (14) Establish rules for the use and operation of the county | 3703 |
| transit system including the real estate or interests therein, | 3704 |
| personal property or a combination of the foregoing used by or in | 3705 |
| connection with such system; | 3706 |
| (15) Exercise the power of eminent domain to appropriate any | 3707 |
| real estate or interests therein, personal property, franchises, | 3708 |
| or any combination thereof, within or without the county, | 3709 |
| necessary or proper in the exercise of its powers provided in | 3710 |
| sections 306.01 to 306.13 of the Revised Code, as provided in | 3711 |
| sections 163.01 to 163.22 of the Revised Code, and subject to | 3712 |
| divisions (15)(a), (b), and (c) of this section, provided that a | 3713 |
| county transit board or a board of county commissioners operating | 3714 |
| a transit system shall not proceed to so appropriate real property | 3715 |
| outside its territorial boundaries, until it has served at the | 3716 |
| office of the county commissioners of the county in which it is | 3717 |
| proposed to appropriate real property, a notice describing the | 3718 |
| real property to be taken and the purpose for which it is proposed | 3719 |
| to be taken, and such county commissioners have entered on their | 3720 |
| journal within thirty days after such service a resolution | 3721 |
| approving such appropriation; | 3722 |
| (a) Nothing contained in this division authorizes a county | 3723 |
| transit board or a board of county commissioners to appropriate | 3724 |
| any land, rights, rights-of-way, franchises, or easements | 3725 |
| belonging to the state or to a municipal corporation without the | 3726 |
| consent of the state or of the municipal corporation, and no | 3727 |
| county transit board or board of county commissioners shall | 3728 |
| exercise the right of eminent domain to acquire any certificate of | 3729 |
| public convenience and necessity, or any part thereof, issued to a | 3730 |
| motor transportation company by the public utilities commission of | 3731 |
| Ohio or by the interstate commerce commission of the United | 3732 |
| States, or to take or disturb other real estate or interests | 3733 |
| therein, personal property, or any combination thereof belonging | 3734 |
| to any municipal corporation without the consent of the | 3735 |
| legislative authority of such municipal corporation, or take or | 3736 |
| disturb real estate or interests therein, personal property, or | 3737 |
| any combination thereof belonging to any other political | 3738 |
| subdivision, public corporation, public utility, or common | 3739 |
| carrier, which is necessary and convenient in the operation of | 3740 |
| such political subdivision, public corporation, public utility, or | 3741 |
| common carrier unless provision is made for the restoration, | 3742 |
| relocation, or duplication of that taken or upon the election of | 3743 |
| such political subdivision, public corporation, public utility, or | 3744 |
| common carrier for the payment of compensation, if any, at the | 3745 |
| sole cost of the county transit system. | 3746 |
| (b) If any restoration or duplication proposed to be made | 3747 |
| under this division involves a relocation, the new location shall | 3748 |
| have at least comparable utilitarian value and effectiveness, and | 3749 |
| such relocation shall not impair the ability of the public utility | 3750 |
| or common carrier to compete in its original area of operation. | 3751 |
| (c) If such restoration or duplication proposed to be made | 3752 |
| under this division involves a relocation, the county transit | 3753 |
| board or board of county commissioners shall acquire no interest | 3754 |
| or right in or to the appropriated property or facility until the | 3755 |
| relocated property or facility is available for use and until | 3756 |
| marketable title thereto has been transferred to the political | 3757 |
| subdivision, public corporation, public utility, or common | 3758 |
| carrier. Nothing in this division shall require any board of | 3759 |
| county commissioners or county transit board operating a county | 3760 |
| transit system to so restore, relocate, or duplicate, if all of | 3761 |
| the real estate and interests therein, personal property, and any | 3762 |
| combination of the foregoing which is owned by a public utility or | 3763 |
| common carrier and used by it or in connection with the movement | 3764 |
| of persons, is acquired by exercise of the power of eminent | 3765 |
| domain. | 3766 |
| (16) When real property is acquired that is located outside | 3767 |
| the county and is removed from the tax duplicate, the county | 3768 |
| transit board or board of county commissioners operating a transit | 3769 |
| system shall pay annually to the county treasurer of the county in | 3770 |
| which that property is located, commencing with the first tax year | 3771 |
| in which that property is removed from the tax duplicate, an | 3772 |
| amount of money in lieu of taxes equal to the smaller of the | 3773 |
| following: | 3774 |
| (a) The last annual installment of taxes due from the | 3775 |
| acquired property before removal from the tax duplicate; | 3776 |
| (b) An amount equal to the difference between the combined | 3777 |
| revenue from real estate taxes of all the taxing districts in | 3778 |
| which the property is located in the tax year immediately prior to | 3779 |
| the removal of the acquired property from the tax duplicate, and | 3780 |
| either: | 3781 |
| (i) The total revenue which would be produced by the tax rate | 3782 |
| of each such taxing district in the tax year immediately prior to | 3783 |
| the removal of the acquired property from the tax duplicate, | 3784 |
| applied to the real estate tax duplicate of each of such taxing | 3785 |
| districts in each tax year subsequent to the year of removal; or | 3786 |
| (ii) The combined revenue from real estate taxes of all such | 3787 |
| taxing districts in each tax year subsequent to the year of | 3788 |
| removal, whichever is the greater. | 3789 |
| The county transit board or board of county commissioners may | 3790 |
| be exempted from such payment by agreement of the affected taxing | 3791 |
| district or districts in the county in which the property is | 3792 |
| located. | 3793 |
| The county auditor of the county in which that property is | 3794 |
| located shall apportion each such annual payment to each taxing | 3795 |
| district as if the annual payment had been levied and collected as | 3796 |
| a tax. | 3797 |
| Those annual payments shall never again be made after they | 3798 |
| have ceased. | 3799 |
| (17) Sue or be sued, plead or be impleaded, and be held | 3800 |
| liable in any court of proper jurisdiction for damages received by | 3801 |
| reason of negligence, in the same manner and to the same extent as | 3802 |
| if the county transit system were privately operated, provided, | 3803 |
| that no funds of a county other than those of the county transit | 3804 |
| board or, if the transit system is operated by the board of county | 3805 |
| commissioners, other than those in the account for the county | 3806 |
| transit system created under division (C) of section 306.01 of the | 3807 |
| Revised Code, shall be available for the satisfaction of judgments | 3808 |
| rendered against that system; | 3809 |
| (18) Annually prepare and make available for public | 3810 |
| inspection a report in condensed form showing the financial | 3811 |
| results of the operation of the county transit system. For systems | 3812 |
| operated by a county transit board, copies of this report shall be | 3813 |
| furnished to the county commissioners as well as a monthly summary | 3814 |
| statement of revenues and expenses for the preceding month | 3815 |
| sufficient to show the exact financial condition of the county | 3816 |
| transit system as of the last day of the preceding month. | 3817 |
| (19) With the approval of the county commissioners when the | 3818 |
| action is taken by the transit board, and without competitive | 3819 |
| bidding, sell, lease, or grant the right of use of all or a | 3820 |
| portion of the county transit system to any other political | 3821 |
| subdivision, taxing district, or other public body or agency | 3822 |
| having the power to operate a transit system; | 3823 |
| (20) Enter into and supervise franchise agreements for the | 3824 |
| operation of a county transit system; | 3825 |
| (21) Accept the assignment of and then supervise an existing | 3826 |
| franchise agreement for the operation of a county transit system. | 3827 |
| Sec. 307.054. (A) The board of trustees of a joint emergency | 3828 |
| medical services district shall employ an executive director, who | 3829 |
|
shall be in the unclassified service, and fix | 3830 |
| director's compensation. In addition to that compensation, the | 3831 |
| director shall be reimbursed for actual and necessary expenses | 3832 |
|
incurred in the performance of | 3833 |
| official duties. The board may enter into an employment contract | 3834 |
| with the executive director for a period not to exceed three | 3835 |
| years. In the absence of contrary contractual provisions, the | 3836 |
| board may remove the director by a majority vote of the full | 3837 |
| membership, but only after holding a hearing on the matter if the | 3838 |
| director requests such a hearing. | 3839 |
| Except as otherwise provided in this division, the board | 3840 |
| shall prescribe the director's duties and may authorize the | 3841 |
| director to act on its behalf in the performance of its | 3842 |
| administrative duties. In addition to those duties prescribed by | 3843 |
| the board, the director shall do all the following: | 3844 |
| (1) Subject to the board's approval for each contract, | 3845 |
| execute contracts on the board's behalf; | 3846 |
| (2) Supervise all services provided or contracted for and all | 3847 |
| facilities operated or contracted for, and ensure that emergency | 3848 |
| medical services are being lawfully administered in conformity | 3849 |
| with the Revised Code and the resolution creating the district; | 3850 |
| (3) Recommend changes to the board that may increase the | 3851 |
| effectiveness of emergency medical services within the district; | 3852 |
| (4) Employ persons for all positions authorized by the board | 3853 |
| and approve all personnel actions that affect classified | 3854 |
| employees; | 3855 |
| (5) Approve compensation for employees within the limits set | 3856 |
| by the salary schedule and budget established by the board; | 3857 |
| (6) Prepare an annual report of the services provided by the | 3858 |
| district, including a fiscal accounting, for the board to approve. | 3859 |
| (B) Except as otherwise provided in this section, employees | 3860 |
| of the district shall be treated the same as county employees for | 3861 |
| the purposes of Chapter 124. of the Revised Code and any other | 3862 |
| provisions of state law applicable to county employees. Instead of | 3863 |
| or in addition to appointing employees of the district, the board | 3864 |
| of trustees may contract with one or more of the participating | 3865 |
| counties for county employees to serve the district and for the | 3866 |
| district to share in their compensation in any manner that may be | 3867 |
| agreed upon in the joint resolution creating the district. | 3868 |
| (C) For purposes of division (A)(5) of this section, the | 3869 |
| board, when establishing a salary schedule, shall require | 3870 |
| performance to be the only basis, and the executive director shall | 3871 |
| use performance as the only basis, for an employee's progression | 3872 |
| through the schedule. | 3873 |
| Sec. 339.06. (A) The board of county hospital trustees, upon | 3874 |
| completion of construction or leasing and equipping of a county | 3875 |
| hospital, shall assume and continue the operation of the hospital. | 3876 |
| (B) The board of county hospital trustees shall have the | 3877 |
| entire management and control of the county hospital. The board | 3878 |
| shall establish such rules for the hospital's government and the | 3879 |
| admission of persons as are expedient. | 3880 |
| (C) The board of county hospital trustees has control of the | 3881 |
| property of the county hospital, including management and disposal | 3882 |
| of surplus property other than real estate or an interest in real | 3883 |
| estate. | 3884 |
| (D) With respect to the use of funds by the board of county | 3885 |
| hospital trustees and its accounting for the use of funds, all of | 3886 |
| the following apply: | 3887 |
| (1) The board of county hospital trustees has control of all | 3888 |
| funds used in the county hospital's operation, including moneys | 3889 |
| received from the operation of the hospital, moneys appropriated | 3890 |
| for its operation by the board of county commissioners, and moneys | 3891 |
| resulting from special levies submitted by the board of county | 3892 |
| commissioners as provided for in section 5705.22 of the Revised | 3893 |
| Code. | 3894 |
| (2) Of the funds used in the county hospital's operation, all | 3895 |
| or part of any amount determined not to be necessary to meet | 3896 |
| current demands on the hospital may be invested by the board of | 3897 |
| county hospital trustees or its designee in any classifications of | 3898 |
| securities and obligations eligible for deposit or investment of | 3899 |
| county moneys pursuant to section 135.35 of the Revised Code, | 3900 |
| subject to the approval of the board's written investment policy | 3901 |
| by the county investment advisory committee established pursuant | 3902 |
| to section 135.341 of the Revised Code. | 3903 |
| (3) Annually, not later than sixty days before the end of the | 3904 |
| fiscal year used by the county hospital, the board of county | 3905 |
| hospital trustees shall submit its proposed budget for the ensuing | 3906 |
| fiscal year to the board of county commissioners for that board's | 3907 |
| review. The board of county commissioners shall review and approve | 3908 |
| the proposed budget by the first day of the fiscal year to which | 3909 |
| the budget applies. If the board of county commissioners has not | 3910 |
| approved the budget by the first day of the fiscal year to which | 3911 |
| the budget applies, the budget is deemed to have been approved by | 3912 |
| the board on the first day of that fiscal year. | 3913 |
| (4) The board of county hospital trustees shall not expend | 3914 |
| funds received from taxes collected pursuant to any tax levied | 3915 |
| under section 5705.22 of the Revised Code or the amount | 3916 |
| appropriated to the county hospital by the board of county | 3917 |
| commissioners in the annual appropriation measure for the county | 3918 |
| until its budget for the applicable fiscal year is approved in | 3919 |
| accordance with division (C)(3) of this section. At any time the | 3920 |
| amount received from those sources differs from the amount shown | 3921 |
| in the approved budget, the board of county commissioners may | 3922 |
| require the board of county hospital trustees to revise the county | 3923 |
| hospital budget accordingly. | 3924 |
| (5) Funds under the control of the board of county hospital | 3925 |
| trustees may be disbursed by the board, consistent with the | 3926 |
| approved budget, for the uses and purposes of the county hospital; | 3927 |
| for the replacement of necessary equipment; for the acquisition, | 3928 |
| leasing, or construction of permanent improvements to county | 3929 |
| hospital property; or for making a donation authorized by division | 3930 |
| (E) of this section. Each disbursement of funds shall be made on a | 3931 |
| voucher signed by signatories designated and approved by the board | 3932 |
| of county hospital trustees. | 3933 |
| (6) The head of a board of county hospital trustees is not | 3934 |
| required to file an estimate of contemplated revenue and | 3935 |
| expenditures for the ensuing fiscal year under section 5705.28 of | 3936 |
| the Revised Code unless the board of county commissioners levies a | 3937 |
| tax for the county hospital, or such a tax is proposed, or the | 3938 |
| board of county hospital trustees desires that the board of county | 3939 |
| commissioners make an appropriation to the county hospital for the | 3940 |
| ensuing fiscal year. | 3941 |
| (7) All moneys appropriated by the board of county | 3942 |
| commissioners or from special levies by the board of county | 3943 |
| commissioners for the operation of the hospital, when collected | 3944 |
| shall be paid to the board of county hospital trustees on a | 3945 |
| warrant of the county auditor and approved by the board of county | 3946 |
| commissioners. | 3947 |
| (8) The board of county hospital trustees shall provide for | 3948 |
| the conduct of an annual financial audit of the county hospital. | 3949 |
| Not later than thirty days after it receives the final report of | 3950 |
| an annual financial audit, the board shall file a copy of the | 3951 |
| report with the board of county commissioners. | 3952 |
| (E) For the public purpose of improving the health, safety, | 3953 |
| and general welfare of the community, the board of county hospital | 3954 |
| trustees may donate to a nonprofit entity any of the following: | 3955 |
| (1) Moneys and other financial assets determined not to be | 3956 |
| necessary to meet current demands on the hospital; | 3957 |
| (2) Surplus hospital property, including supplies, equipment, | 3958 |
| office facilities, and other property that is not real estate or | 3959 |
| an interest in real estate; | 3960 |
| (3) Services rendered by the hospital. | 3961 |
| (F)(1) For purposes of division (F)(2) of this section: | 3962 |
| (a) "Bank" has the same meaning as in section 1101.01 of the | 3963 |
| Revised Code. | 3964 |
| (b) "Savings and loan association" has the same meaning as in | 3965 |
| section 1151.01 of the Revised Code. | 3966 |
| (c) "Savings bank" has the same meaning as in section 1161.01 | 3967 |
| of the Revised Code. | 3968 |
| (2) The board of county hospital trustees may enter into a | 3969 |
| contract for a secured line of credit with a bank, savings and | 3970 |
| loan association, or savings bank if the contract meets all of the | 3971 |
| following requirements: | 3972 |
| (a) The term of the contract does not exceed one year, except | 3973 |
| that the contract may provide for the automatic renewal of the | 3974 |
| contract for up to four additional one-year periods if, on the | 3975 |
| date of automatic renewal, the aggregate outstanding draws | 3976 |
| remaining unpaid under the secured line of credit do not exceed | 3977 |
| fifty per cent of the maximum amount that can be drawn under the | 3978 |
| secured line of credit. | 3979 |
| (b) The contract provides that the bank, savings and loan | 3980 |
| association, or savings bank shall not commence a civil action | 3981 |
| against the board of county commissioners, any member of the | 3982 |
| board, or the county to recover the principal, interest, or any | 3983 |
| charges or other amounts that remain outstanding on the secured | 3984 |
| line of credit at the time of any default by the board of county | 3985 |
| hospital trustees. | 3986 |
| (c) The contract provides that no assets other than those of | 3987 |
| the county hospital can be used to secure the line of credit. | 3988 |
| (d) The terms and conditions of the contract comply with all | 3989 |
| state and federal statutes and rules governing the extension of a | 3990 |
| secured line of credit. | 3991 |
| (3) Any obligation incurred by a board of county hospital | 3992 |
| trustees under division (F)(2) of this section is an obligation of | 3993 |
| that board only and not a general obligation of the board of | 3994 |
| county commissioners or the county within the meaning of division | 3995 |
| (Q) of section 133.01 of the Revised Code. | 3996 |
| (4) Notwithstanding anything to the contrary in the Revised | 3997 |
| Code, the board of county hospital trustees may secure the line of | 3998 |
| credit authorized under division (F)(2) of this section by the | 3999 |
| grant of a security interest in any part or all of its tangible | 4000 |
| personal property and intangible personal property, including its | 4001 |
| deposit accounts, accounts receivable, or both. | 4002 |
| (5) No board of county hospital trustees shall at any time | 4003 |
| have more than one secured line of credit under division (F)(2) of | 4004 |
| this section. | 4005 |
| (G) The board of county hospital trustees shall establish a | 4006 |
| schedule of charges for all services and treatment rendered by the | 4007 |
| county hospital. It may provide for the free treatment in the | 4008 |
| hospital of soldiers, sailors, and marines of the county, under | 4009 |
| such conditions and rules as it prescribes. | 4010 |
| (H) The board of county hospital trustees may designate the | 4011 |
| amounts and forms of insurance protection to be provided, and the | 4012 |
| board of county commissioners shall assist in obtaining such | 4013 |
| protection. The expense of providing the protection shall be paid | 4014 |
| from hospital operating funds. | 4015 |
| (I) The board of county hospital trustees may authorize a | 4016 |
| county hospital and each of its units, hospital board members, | 4017 |
| designated hospital employees, and medical staff members to be a | 4018 |
| member of and maintain membership in any local, state, or national | 4019 |
| group or association organized and operated for the promotion of | 4020 |
| the public health and welfare or advancement of the efficiency of | 4021 |
| hospital administration and in connection therewith to use tax | 4022 |
| funds for the payment of dues and fees and related expenses but | 4023 |
| nothing in this section prohibits the board from using receipts | 4024 |
| from hospital operation, other than tax funds, for the payment of | 4025 |
| such dues and fees. | 4026 |
| (J) The following apply to the board of county hospital | 4027 |
| trustees in relation to its employees and the employees of the | 4028 |
| county hospital: | 4029 |
| (1) The board shall adopt the wage and salary schedule for | 4030 |
| employees. | 4031 |
| (2) The board may employ the hospital's administrator | 4032 |
| pursuant to section 339.07 of the Revised Code, and the | 4033 |
| administrator may employ individuals for the hospital in | 4034 |
| accordance with that section. | 4035 |
| (3) The board may employ assistants as necessary to perform | 4036 |
| its clerical work, superintend properly the construction of the | 4037 |
| county hospital, and pay the hospital's expenses. Such employees | 4038 |
| may be paid from funds provided for the county hospital. | 4039 |
| (4) The board may hire, by contract or as salaried employees, | 4040 |
| such management consultants, accountants, attorneys, engineers, | 4041 |
| architects, construction managers, and other professional advisors | 4042 |
| as it determines are necessary and desirable to assist in the | 4043 |
| management of the programs and operation of the county hospital. | 4044 |
| Such professional advisors may be paid from county hospital | 4045 |
| operating funds. | 4046 |
| (5) Notwithstanding section 325.19 of the Revised Code, the | 4047 |
| board may grant to employees any fringe benefits the board | 4048 |
| determines to be customary and usual in the nonprofit hospital | 4049 |
| field in its community, including, but not limited to: | 4050 |
| (a) Additional vacation leave with full pay for full-time | 4051 |
| employees, including full-time hourly rate employees, after | 4052 |
| service of one year; | 4053 |
| (b) Vacation leave and holiday pay for part-time employees on | 4054 |
| a pro rata basis; | 4055 |
| (c) Leave with full pay due to death in the employee's | 4056 |
| immediate family, which shall not be deducted from the employee's | 4057 |
| accumulated sick leave; | 4058 |
| (d) Premium pay for working on holidays listed in section | 4059 |
| 325.19 of the Revised Code; | 4060 |
| (e) Moving expenses for new employees; | 4061 |
| (f) Discounts on hospital supplies and services. | 4062 |
| (6) The board may provide holiday leave by observing Martin | 4063 |
| Luther King day, Washington-Lincoln day, Columbus day, and | 4064 |
| Veterans' day on days other than those specified in section 1.14 | 4065 |
| of the Revised Code. | 4066 |
| (7) The board may grant to employees the insurance benefits | 4067 |
| authorized by section 339.16 of the Revised Code. | 4068 |
| (8) Notwithstanding section 325.19 of the Revised Code, the | 4069 |
| board may grant to employees, including hourly rate employees, | 4070 |
| such personal holidays as the board determines to be customary and | 4071 |
| usual in the hospital field in its community. | 4072 |
| (9) The board may provide employee recognition awards and | 4073 |
| hold employee recognition dinners. | 4074 |
| (10) The board may grant to employees the recruitment and | 4075 |
|
retention benefits specified under division | 4076 |
| section. | 4077 |
| (K) For purposes of division (J)(1) of this section, the | 4078 |
| board of county hospital trustees, when establishing a wage and | 4079 |
| salary schedule, shall require performance to be the only basis | 4080 |
| for an employee's progression through the schedule. | 4081 |
| (L) Notwithstanding sections 325.191 and 325.20 of the | 4082 |
| Revised Code, the board of county hospital trustees may provide, | 4083 |
| without the prior authorization of the board of county | 4084 |
| commissioners, scholarships for education in the health care | 4085 |
| professions, tuition reimbursement, and other staff development | 4086 |
| programs to enhance the skills of health care professionals for | 4087 |
| the purpose of recruiting or retaining qualified employees. | 4088 |
| The board of county hospital trustees may pay reasonable | 4089 |
| expenses for recruiting or retaining physicians and other | 4090 |
| appropriate health care practitioners. | 4091 |
| | 4092 |
| counsel and institute legal action in its own name for the | 4093 |
| collection of delinquent accounts. The board may also employ any | 4094 |
| other lawful means for the collection of delinquent accounts. | 4095 |
| Sec. 339.07. (A) The board of county hospital trustees shall | 4096 |
| provide for the administration of the county hospital by directly | 4097 |
| employing a hospital administrator or by entering into a contract | 4098 |
| for the management of the hospital under which an administrator is | 4099 |
| provided. When an administrator is employed directly, the board | 4100 |
| shall adopt a job description delineating the administrator's | 4101 |
| powers and duties and the board may pay the administrator's salary | 4102 |
| and other benefits from funds provided for the hospital. | 4103 |
| (B) During the construction and equipping of the hospital, | 4104 |
| the administrator shall act in an advisory capacity to the board | 4105 |
| of county hospital trustees. After the hospital is completed, the | 4106 |
| administrator shall serve as the chief executive officer and shall | 4107 |
| carry out the administration of the county hospital according to | 4108 |
| the policies set forth by the board. | 4109 |
| The administrator shall administer the county hospital, make | 4110 |
| reports, and take any other action that the administrator | 4111 |
| determines is necessary for the operation of the hospital. | 4112 |
| At the end of each fiscal year, the administrator shall | 4113 |
| submit to the board a complete financial statement showing the | 4114 |
| receipts, revenues, and expenditures in detail for the entire | 4115 |
| fiscal year. | 4116 |
| The administrator shall ensure that the hospital has such | 4117 |
| physicians, nurses, and other employees as are necessary for the | 4118 |
| proper care, control, and management of the county hospital and | 4119 |
| its patients. The physicians, nurses, and other employees may be | 4120 |
| suspended or removed by the administrator at any time the welfare | 4121 |
| of the hospital warrants suspension or removal. The administrator | 4122 |
| may obtain physicians, nurses, and other employees by direct | 4123 |
| employment, entering into contracts, or granting authority to | 4124 |
| practice in the hospital. Persons employed directly shall be in | 4125 |
| the unclassified civil service, pursuant to section 124.11 of the | 4126 |
| Revised Code. If the board delegates to the administrator the | 4127 |
| authority to fix employee compensation in accordance with the wage | 4128 |
| and salary schedule established by the board under section 339.06 | 4129 |
| of the Revised Code, the administrator shall use performance as | 4130 |
| the only basis for an employee's progression through that | 4131 |
| schedule. | 4132 |
| Sec. 340.04. (A) In addition to such other duties as may be | 4133 |
| lawfully imposed, the executive director of a board of alcohol, | 4134 |
| drug addiction, and mental health services shall: | 4135 |
| | 4136 |
| the prior approval of the board for each contract, execute | 4137 |
| contracts on its behalf; | 4138 |
| | 4139 |
| contracted, or supported by the board to the extent of determining | 4140 |
| that programs are being administered in conformity with this | 4141 |
| chapter and rules of the director of mental health and the | 4142 |
| department of alcohol and drug addiction services; | 4143 |
| | 4144 |
| individuals providing services supported by the board; | 4145 |
| | 4146 |
| increase the effectiveness of mental health services and alcohol | 4147 |
| and drug addiction services and other matters necessary or | 4148 |
| desirable to carry out this chapter; | 4149 |
| | 4150 |
| consultants in the classified civil service and, subject to the | 4151 |
| approval of the board, employ and remove from office such other | 4152 |
| employees and consultants as may be necessary for the work of the | 4153 |
| board, and fix their compensation and reimbursement within the | 4154 |
| limits set by the salary schedule and the budget approved by the | 4155 |
| board; | 4156 |
| | 4157 |
| treatment, rehabilitative, and consultative programs in the field | 4158 |
| of mental health with emphasis on continuity of care; | 4159 |
| | 4160 |
| programs under the jurisdiction of the board, including a fiscal | 4161 |
| accounting of all services; | 4162 |
| | 4163 |
| practicable for the promotion of mental health and the prevention | 4164 |
| of mental illness, emotional disorders, and addiction to alcohol | 4165 |
| and drugs; | 4166 |
| | 4167 |
| district the county auditor designated as the auditor for the | 4168 |
| district, to issue warrants for the payment of board obligations | 4169 |
| approved by the board, provided that all payments are in | 4170 |
| accordance with the comprehensive community mental health plan, as | 4171 |
| approved by the department of mental health, or with the alcohol | 4172 |
| and drug addiction services plan as approved by the department of | 4173 |
| alcohol and drug addiction services. | 4174 |
| (B) For purposes of division (A)(5) of this section, a board | 4175 |
| of alcohol, drug addiction, and mental health services, when | 4176 |
| establishing a salary schedule, shall require performance to be | 4177 |
| the only basis, and the executive director shall use performance | 4178 |
| as the only basis, for an employee's progression through the | 4179 |
| schedule. | 4180 |
| Sec. 505.38. (A) In each township or fire district that has | 4181 |
| a fire department, the head of the department shall be a fire | 4182 |
| chief, appointed by the board of township trustees, except that, | 4183 |
| in a joint fire district, the fire chief shall be appointed by the | 4184 |
| board of fire district trustees. Neither this section nor any | 4185 |
| other section of the Revised Code requires, or shall be construed | 4186 |
| to require, that the fire chief be a resident of the township or | 4187 |
| fire district. | 4188 |
| The board shall provide for the employment of firefighters as | 4189 |
| it considers best and shall fix their compensation. No person | 4190 |
| shall be appointed as a permanent full-time paid member, whose | 4191 |
| duties include fire fighting, of the fire department of any | 4192 |
| township or fire district unless that person has received a | 4193 |
| certificate issued under former section 3303.07 or section 4765.55 | 4194 |
| of the Revised Code evidencing satisfactory completion of a | 4195 |
| firefighter training program. Those appointees shall continue in | 4196 |
| office until removed from office as provided by sections 733.35 to | 4197 |
| 733.39 of the Revised Code. To initiate removal proceedings, and | 4198 |
| for that purpose, the board shall designate the fire chief or a | 4199 |
| private citizen to investigate the conduct and prepare the | 4200 |
| necessary charges in conformity with those sections. | 4201 |
| In case of the removal of a fire chief or any member of the | 4202 |
| fire department of a township or fire district, an appeal may be | 4203 |
| had from the decision of the board to the court of common pleas of | 4204 |
| the county in which the township or fire district fire department | 4205 |
| is situated to determine the sufficiency of the cause of removal. | 4206 |
| The appeal from the findings of the board shall be taken within | 4207 |
| ten days. | 4208 |
| No person who is appointed as a volunteer firefighter of the | 4209 |
| fire department of any township or fire district shall remain in | 4210 |
| that position unless either of the following applies: | 4211 |
| (1) Within one year of the appointment, the person has | 4212 |
| received a certificate issued under former section 3303.07 of the | 4213 |
| Revised Code or section 4765.55 of the Revised Code evidencing | 4214 |
| satisfactory completion of a firefighter training program. | 4215 |
| (2) The person began serving as a permanent full-time paid | 4216 |
| firefighter with the fire department of a city or village prior to | 4217 |
| July 2, 1970, or as a volunteer firefighter with the fire | 4218 |
| department of a city, village, or other township or fire district | 4219 |
| prior to July 2, 1979, and receives a certificate issued under | 4220 |
| division (C)(3) of section 4765.55 of the Revised Code. | 4221 |
| No person shall receive an appointment under this section, in | 4222 |
| the case of a volunteer firefighter, unless the person has, not | 4223 |
| more than sixty days prior to receiving the appointment, passed a | 4224 |
| physical examination, given by a licensed physician, a physician | 4225 |
| assistant, a clinical nurse specialist, a certified nurse | 4226 |
| practitioner, or a certified nurse-midwife, showing that the | 4227 |
| person meets the physical requirements necessary to perform the | 4228 |
| duties of the position to which the person is appointed as | 4229 |
| established by the board of township trustees having jurisdiction | 4230 |
| over the appointment. The appointing authority, prior to making an | 4231 |
| appointment, shall file with the Ohio police and fire pension fund | 4232 |
| or the local volunteer fire fighters' dependents fund board a copy | 4233 |
| of the report or findings of that licensed physician, physician | 4234 |
| assistant, clinical nurse specialist, certified nurse | 4235 |
| practitioner, or certified nurse-midwife. The professional fee for | 4236 |
| the physical examination shall be paid for by the board of | 4237 |
| township trustees. | 4238 |
| (B) In each township not having a fire department, the board | 4239 |
| of township trustees shall appoint a fire prevention officer who | 4240 |
| shall exercise all of the duties of a fire chief except those | 4241 |
| involving the maintenance and operation of fire apparatus. The | 4242 |
| board may appoint one or more deputy fire prevention officers who | 4243 |
| shall exercise the duties assigned by the fire prevention officer. | 4244 |
| The board may fix the compensation for the fire prevention | 4245 |
| officer and the fire prevention officer's deputies as it considers | 4246 |
| best. The board shall appoint each fire prevention officer and | 4247 |
| deputy for a one-year term. An appointee may be reappointed at the | 4248 |
| end of a term to another one-year term. Any appointee may be | 4249 |
| removed from office during a term as provided by sections 733.35 | 4250 |
| to 733.39 of the Revised Code. Section 505.45 of the Revised Code | 4251 |
| extends to those officers. | 4252 |
| (C)(1) Division (A) of this section does not apply to any | 4253 |
| township that has a population of ten thousand or more persons | 4254 |
| residing within the township and outside of any municipal | 4255 |
| corporation, that has its own fire department employing ten or | 4256 |
| more full-time paid employees, and that has a civil service | 4257 |
| commission established under division (B) of section 124.40 of the | 4258 |
| Revised Code. The township shall comply with the procedures for | 4259 |
| the employment, promotion, and discharge of firefighters provided | 4260 |
| by Chapter 124. of the Revised Code, except as otherwise provided | 4261 |
| in divisions (C)(2) and (3) of this section. | 4262 |
| (2) The board of township trustees of the township may | 4263 |
| appoint the fire chief, and any person so appointed shall be in | 4264 |
| the unclassified service under section 124.11 of the Revised Code | 4265 |
| and shall serve at the pleasure of the board. Neither this section | 4266 |
| nor any other section of the Revised Code requires, or shall be | 4267 |
| construed to require, that the fire chief be a resident of the | 4268 |
| township. A person who is appointed fire chief under these | 4269 |
| conditions and who is removed by the board or resigns from the | 4270 |
| position is entitled to return to the classified service in the | 4271 |
| township fire department in the position held just prior to the | 4272 |
| appointment as fire chief. | 4273 |
| (3) The appointing authority of an urban township, as defined | 4274 |
| in section 504.01 of the Revised Code, may appoint to a vacant | 4275 |
| position any one of the three highest scorers on the eligible list | 4276 |
| for a promotional examination. | 4277 |
| (4) The board of township trustees shall determine the number | 4278 |
| of personnel required and establish salary schedules and | 4279 |
| conditions of employment not in conflict with Chapter 124. of the | 4280 |
| Revised Code. The board, when establishing a salary schedule, | 4281 |
| shall require performance to be the only basis for an employee's | 4282 |
| progression through the schedule. | 4283 |
| (5) No person shall receive an original appointment as a | 4284 |
| permanent full-time paid member of the fire department of the | 4285 |
| township described in this division unless the person has received | 4286 |
| a certificate issued under former section 3303.07 or section | 4287 |
| 4765.55 of the Revised Code evidencing the satisfactory completion | 4288 |
| of a firefighter training program. | 4289 |
| (6) Persons employed as firefighters in the township | 4290 |
| described in this division on the date a civil service commission | 4291 |
| is appointed pursuant to division (B) of section 124.40 of the | 4292 |
| Revised Code, without being required to pass a competitive | 4293 |
| examination or a firefighter training program, shall retain their | 4294 |
| employment and any rank previously granted them by action of the | 4295 |
| board of township trustees or otherwise, but those persons are | 4296 |
| eligible for promotion only by compliance with Chapter 124. of the | 4297 |
| Revised Code. | 4298 |
| Sec. 505.49. (A) As used in this section, "felony" has the | 4299 |
| same meaning as in section 109.511 of the Revised Code. | 4300 |
| (B)(1) The township trustees by a two-thirds vote of the | 4301 |
| board may adopt rules necessary for the operation of the township | 4302 |
| police district, including a determination of the qualifications | 4303 |
| of the chief of police, patrol officers, and others to serve as | 4304 |
| members of the district police force. | 4305 |
| (2) Except as otherwise provided in division (E) of this | 4306 |
| section and subject to division (D) of this section, the township | 4307 |
| trustees by a two-thirds vote of the board shall appoint a chief | 4308 |
| of police for the district, determine the number of patrol | 4309 |
| officers and other personnel required by the district, and | 4310 |
| establish salary schedules and other conditions of employment for | 4311 |
| the employees of the township police district. The township | 4312 |
| trustees, when establishing a salary schedule under this division, | 4313 |
| shall require performance to be the only basis for an employee's | 4314 |
| progression through the schedule. The township trustees shall | 4315 |
| prohibit, for purposes of determining performance, any | 4316 |
| consideration of the number or type of citations that the employee | 4317 |
| issues. The chief of police of the district shall serve at the | 4318 |
| pleasure of the township trustees and shall appoint patrol | 4319 |
| officers and other personnel that the district may require, | 4320 |
| subject to division (D) of this section and to the rules and | 4321 |
| limits as to qualifications, salary ranges, and numbers of | 4322 |
| personnel established by the board of township trustees. The chief | 4323 |
| of police shall use performance as the only basis for a patrol | 4324 |
| officer's or other personnel's progression through the salary | 4325 |
| schedule established by the township trustees. For purposes of | 4326 |
| determining performance, the chief of police shall not consider | 4327 |
| the number or type of citations that a person issues. The township | 4328 |
| trustees may include in the township police district and under the | 4329 |
| direction and control of the chief of police any constable | 4330 |
| appointed pursuant to section 509.01 of the Revised Code, or may | 4331 |
| designate the chief of police or any patrol officer appointed by | 4332 |
| the chief of police as a constable, as provided for in section | 4333 |
| 509.01 of the Revised Code, for the township police district. | 4334 |
| (3) Except as provided in division (D) of this section, a | 4335 |
| patrol officer, other police district employee, or police | 4336 |
| constable, who has been awarded a certificate attesting to the | 4337 |
| satisfactory completion of an approved state, county, or municipal | 4338 |
| police basic training program, as required by section 109.77 of | 4339 |
| the Revised Code, may be removed or suspended only under the | 4340 |
| conditions and by the procedures in sections 505.491 to 505.495 of | 4341 |
| the Revised Code. Any other patrol officer, police district | 4342 |
| employee, or police constable shall serve at the pleasure of the | 4343 |
| township trustees. In case of removal or suspension of an | 4344 |
| appointee by the board of township trustees, that appointee may | 4345 |
| appeal the decision of the board to the court of common pleas of | 4346 |
| the county in which the district is situated to determine the | 4347 |
| sufficiency of the cause of removal or suspension. The appointee | 4348 |
| shall take the appeal within ten days of written notice to the | 4349 |
| appointee of the decision of the board. | 4350 |
| (C)(1) Division (B) of this section does not apply to a | 4351 |
| township that has a population of ten thousand or more persons | 4352 |
| residing within the township and outside of any municipal | 4353 |
| corporation, that has its own police department employing ten or | 4354 |
| more full-time paid employees, and that has a civil service | 4355 |
| commission established under division (B) of section 124.40 of the | 4356 |
| Revised Code. The township shall comply with the procedures for | 4357 |
| the employment, promotion, and discharge of police personnel | 4358 |
| provided by Chapter 124. of the Revised Code, except as otherwise | 4359 |
| provided in divisions (C)(2) and (3) of this section. | 4360 |
| (2) The board of township trustees of the township may | 4361 |
| appoint the chief of police, and a person so appointed shall be in | 4362 |
| the unclassified service under section 124.11 of the Revised Code | 4363 |
| and shall serve at the pleasure of the board. A person appointed | 4364 |
| chief of police under these conditions who is removed by the board | 4365 |
| or who resigns from the position shall be entitled to return to | 4366 |
| the classified service in the township police department, in the | 4367 |
| position that person held previous to the person's appointment as | 4368 |
| chief of police. | 4369 |
| (3) The appointing authority of an urban township, as defined | 4370 |
| in section 504.01 of the Revised Code, may appoint to a vacant | 4371 |
| position any one of the three highest scorers on the eligible list | 4372 |
| for a promotional examination. | 4373 |
| (4) The board of township trustees shall determine the number | 4374 |
| of personnel required and establish salary schedules and | 4375 |
| conditions of employment not in conflict with Chapter 124. of the | 4376 |
| Revised Code. The board, when establishing a salary schedule under | 4377 |
| this division, shall require and use performance as the only basis | 4378 |
| for an employee's progression through the schedule. In no case | 4379 |
| shall performance be determined based on the number or type of | 4380 |
| citations that the employee issues. | 4381 |
| (5) Persons employed as police personnel in a township | 4382 |
| described in this division on the date a civil service commission | 4383 |
| is appointed pursuant to division (B) of section 124.40 of the | 4384 |
| Revised Code, without being required to pass a competitive | 4385 |
| examination or a police training program, shall retain their | 4386 |
| employment and any rank previously granted them by action of the | 4387 |
| township trustees or otherwise, but those persons are eligible for | 4388 |
| promotion only by compliance with Chapter 124. of the Revised | 4389 |
| Code. | 4390 |
| (6) This division does not apply to constables appointed | 4391 |
| pursuant to section 509.01 of the Revised Code. This division is | 4392 |
| subject to division (D) of this section. | 4393 |
| (D)(1) The board of township trustees shall not appoint or | 4394 |
| employ a person as a chief of police, and the chief of police | 4395 |
| shall not appoint or employ a person as a patrol officer or other | 4396 |
| peace officer of a township police district or a township police | 4397 |
| department, on a permanent basis, on a temporary basis, for a | 4398 |
| probationary term, or on other than a permanent basis if the | 4399 |
| person previously has been convicted of or has pleaded guilty to a | 4400 |
| felony. | 4401 |
| (2)(a) The board of township trustees shall terminate the | 4402 |
| appointment or employment of a chief of police, patrol officer, or | 4403 |
| other peace officer of a township police district or township | 4404 |
| police department who does either of the following: | 4405 |
| (i) Pleads guilty to a felony; | 4406 |
| (ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 4407 |
| plea agreement as provided in division (D) of section 2929.43 of | 4408 |
| the Revised Code in which the chief of police, patrol officer, or | 4409 |
| other peace officer of a township police district or township | 4410 |
| police department agrees to surrender the certificate awarded to | 4411 |
| that chief of police, patrol officer, or other peace officer under | 4412 |
| section 109.77 of the Revised Code. | 4413 |
| (b) The board shall suspend the appointment or employment of | 4414 |
| a chief of police, patrol officer, or other peace officer of a | 4415 |
| township police district or township police department who is | 4416 |
| convicted, after trial, of a felony. If the chief of police, | 4417 |
| patrol officer, or other peace officer of a township police | 4418 |
| district or township police department files an appeal from that | 4419 |
| conviction and the conviction is upheld by the highest court to | 4420 |
| which the appeal is taken or if no timely appeal is filed, the | 4421 |
| board shall terminate the appointment or employment of that chief | 4422 |
| of police, patrol officer, or other peace officer. If the chief of | 4423 |
| police, patrol officer, or other peace officer of a township | 4424 |
| police district or township police department files an appeal that | 4425 |
| results in that chief of police's, patrol officer's, or other | 4426 |
| peace officer's acquittal of the felony or conviction of a | 4427 |
| misdemeanor, or in the dismissal of the felony charge against the | 4428 |
| chief of police, patrol officer, or other peace officer, the board | 4429 |
| shall reinstate that chief of police, patrol officer, or other | 4430 |
| peace officer. A chief of police, patrol officer, or other peace | 4431 |
| officer of a township police district or township police | 4432 |
| department who is reinstated under division (D)(2)(b) of this | 4433 |
| section shall not receive any back pay unless the conviction of | 4434 |
| that chief of police, patrol officer, or other peace officer of | 4435 |
| the felony was reversed on appeal, or the felony charge was | 4436 |
| dismissed, because the court found insufficient evidence to | 4437 |
| convict the chief of police, patrol officer, or other peace | 4438 |
| officer of the felony. | 4439 |
| (3) Division (D) of this section does not apply regarding an | 4440 |
| offense that was committed prior to January 1, 1997. | 4441 |
| (4) The suspension or termination of the appointment or | 4442 |
| employment of a chief of police, patrol officer, or other peace | 4443 |
| officer under division (D)(2) of this section shall be in | 4444 |
| accordance with Chapter 119. of the Revised Code. | 4445 |
| (E) The board of township trustees may enter into a contract | 4446 |
| under section 505.43 or 505.50 of the Revised Code to obtain all | 4447 |
| police protection for the township police district from one or | 4448 |
| more municipal corporations, county sheriffs, or other townships. | 4449 |
| If the board enters into such a contract, subject to division (D) | 4450 |
| of this section, it may, but is not required to, appoint a police | 4451 |
| chief for the district. | 4452 |
| (F) The members of the police force of a township police | 4453 |
| district of a township that adopts the limited self-government | 4454 |
| form of township government shall serve as peace officers for the | 4455 |
| township territory included in the district. | 4456 |
| (G) A chief of police or patrol officer of a township police | 4457 |
| district, or of a township police department, may participate, as | 4458 |
| the director of an organized crime task force established under | 4459 |
| section 177.02 of the Revised Code or as a member of the | 4460 |
| investigatory staff of that task force, in an investigation of | 4461 |
| organized criminal activity in any county or counties in this | 4462 |
| state under sections 177.01 to 177.03 of the Revised Code. | 4463 |
| Sec. 505.60. (A) | 4464 |
| the Revised Code, and as provided in this section and section | 4465 |
| 505.601 of the Revised Code, the board of township trustees of any | 4466 |
| township may procure and pay all or any part of the cost of | 4467 |
| insurance policies that may provide benefits for hospitalization, | 4468 |
| surgical care, major medical care, disability, dental care, eye | 4469 |
| care, medical care, hearing aids, prescription drugs, or sickness | 4470 |
| and accident insurance, or a combination of any of the foregoing | 4471 |
| types of insurance for township officers and employees. The board | 4472 |
| of township trustees of any township may negotiate and contract | 4473 |
| for the purchase of a policy of long-term care insurance for | 4474 |
| township officers and employees pursuant to section 124.841 of the | 4475 |
| Revised Code. | 4476 |
| If the board procures any insurance policies under this | 4477 |
| section, the board shall provide uniform coverage under these | 4478 |
| policies for township officers and full-time township employees | 4479 |
| and their immediate dependents, and may provide coverage under | 4480 |
| these policies for part-time township employees and their | 4481 |
| immediate dependents, from the funds or budgets from which the | 4482 |
| officers or employees are compensated for services, such policies | 4483 |
| to be issued by an insurance company duly authorized to do | 4484 |
| business in this state. | 4485 |
| (B) The board may also provide coverage for any or all of the | 4486 |
| benefits described in division (A) of this section by entering | 4487 |
| into a contract for group health care services with health | 4488 |
| insuring corporations holding certificates of authority under | 4489 |
| Chapter 1751. of the Revised Code for township officers and | 4490 |
| employees and their immediate dependents. If the board so | 4491 |
| contracts, it shall provide uniform coverage under any such | 4492 |
| contracts for township officers and full-time township employees | 4493 |
| and their immediate dependents, from the funds or budgets from | 4494 |
| which the officers or employees are compensated for services, and | 4495 |
| may provide coverage under such contracts for part-time township | 4496 |
| employees and their immediate dependents, from the funds or | 4497 |
| budgets from which the officers or employees are compensated for | 4498 |
| services, provided that each officer and employee so covered is | 4499 |
| permitted to: | 4500 |
| (1) Choose between a plan offered by an insurance company and | 4501 |
| a plan offered by a health insuring corporation, and provided | 4502 |
| further that the officer or employee pays any amount by which the | 4503 |
| cost of the plan chosen exceeds the cost of the plan offered by | 4504 |
| the board under this section; | 4505 |
| (2) Change the choice made under this division at a time each | 4506 |
| year as determined in advance by the board. | 4507 |
| An addition of a class or change of definition of coverage to | 4508 |
| the plan offered under this division by the board may be made at | 4509 |
| any time that it is determined by the board to be in the best | 4510 |
| interest of the township. If the total cost to the township of the | 4511 |
| revised plan for any trustee's coverage does not exceed that cost | 4512 |
| under the plan in effect during the prior policy year, the | 4513 |
| revision of the plan does not cause an increase in that trustee's | 4514 |
| compensation. | 4515 |
| (C) Any township officer or employee may refuse to accept any | 4516 |
| coverage authorized by this section without affecting the | 4517 |
| availability of such coverage to other township officers and | 4518 |
| employees. | 4519 |
| (D) If any township officer or employee is denied coverage | 4520 |
| under a health care plan procured under this section or if any | 4521 |
| township officer or employee elects not to participate in the | 4522 |
| township's health care plan, the township may reimburse the | 4523 |
| officer or employee for each out-of-pocket premium attributable to | 4524 |
| the coverage provided for the officer or employee for insurance | 4525 |
| benefits described in division (A) of this section that the | 4526 |
| officer or employee otherwise obtains, but not to exceed an amount | 4527 |
| equal to the average premium paid by the township for its officers | 4528 |
| and employees under any health care plan it procures under this | 4529 |
| section. | 4530 |
| (E) The board may provide the benefits authorized under this | 4531 |
| section, without competitive bidding, by contributing to a health | 4532 |
| and welfare trust fund administered through or in conjunction with | 4533 |
| a collective bargaining representative of the township employees | 4534 |
| in the same manner as described in division (G) of section 124.81 | 4535 |
| of the Revised Code. | 4536 |
| The board may also provide the benefits described in this | 4537 |
| section through an individual self-insurance program or a joint | 4538 |
| self-insurance program as provided in section 9.833 of the Revised | 4539 |
| Code. | 4540 |
| (F) If a board of township trustees fails to pay one or more | 4541 |
| premiums for a policy, contract, or plan of insurance or health | 4542 |
| care services authorized under this section and the failure causes | 4543 |
| a lapse, cancellation, or other termination of coverage under the | 4544 |
| policy, contract, or plan, it may reimburse a township officer or | 4545 |
| employee for, or pay on behalf of the officer or employee, any | 4546 |
| expenses incurred that would have been covered under the policy, | 4547 |
| contract, or plan. | 4548 |
| (G) As used in this section and section 505.601 of the | 4549 |
| Revised Code: | 4550 |
| (1) "Part-time township employee" means a township employee | 4551 |
| who is hired with the expectation that the employee will work not | 4552 |
| more than one thousand five hundred hours in any year. | 4553 |
| (2) "Premium" does not include any deductible or health care | 4554 |
| costs paid directly by a township officer or employee. | 4555 |
| Sec. 709.012. When a municipal corporation annexes township | 4556 |
| territory which results in a reduction of the firefighting force | 4557 |
|
of the township or joint township fire district, | 4558 |
| 4559 | |
|
seniority | 4560 |
| 4561 | |
| dismissals. The annexing municipal corporation shall offer | 4562 |
|
employment | 4563 |
| 4564 | |
| fire department and if they: | 4565 |
| (A) Were full-time paid active members of the township or | 4566 |
| joint township firefighting force for at least six months prior to | 4567 |
| dismissal and have made application to the municipal corporation | 4568 |
| within sixty days after the effective date of dismissal; | 4569 |
| (B) Have passed a physical examination as prescribed by the | 4570 |
| physician of the annexing municipal corporation and meet the | 4571 |
| requirements necessary to perform firefighting duties; | 4572 |
| (C) Meet minimum standards of the municipal corporation with | 4573 |
| respect to moral character, literacy, and ability to understand | 4574 |
| oral and written instructions as determined by an interview | 4575 |
| conducted by the fire department of the municipal corporation. The | 4576 |
| applicant shall be at least twenty-one years of age on the date of | 4577 |
| application. | 4578 |
| (D) Are able to qualify for membership in the Ohio police and | 4579 |
| fire pension fund. | 4580 |
| A physical examination required by division (B) of this | 4581 |
| section may be conducted by any individual authorized by the | 4582 |
| Revised Code to conduct physical examinations, including a | 4583 |
| physician assistant, a clinical nurse specialist, a certified | 4584 |
| nurse practitioner, or a certified nurse-midwife. Any written | 4585 |
| documentation of the physical examination shall be completed by | 4586 |
| the individual who administered the examination. | 4587 |
| If no vacancy exists in the municipal fire department at the | 4588 |
| time of the application referred to in division (A) of this | 4589 |
| section, the application shall be held until a vacancy occurs. | 4590 |
| When such a vacancy occurs, the applicant shall be entitled to | 4591 |
| employment in accordance with the requirements of divisions (A), | 4592 |
| (B), (C), and (D) of this section. So long as any application for | 4593 |
| employment has been made and is being held under this section, the | 4594 |
| municipal corporation shall not fill any vacancy in its fire | 4595 |
| department by original appointment. If there are individuals who | 4596 |
| are entitled to reinstatement in the municipal fire department and | 4597 |
| the vacancies therein are insufficient to permit both such | 4598 |
| reinstatements and employment of all those applying for employment | 4599 |
| under division (A) of this section, the persons having the | 4600 |
| greatest length of service, whether with the municipal or township | 4601 |
| fire department, shall be entitled to fill the vacancies as they | 4602 |
| occur. | 4603 |
| A person employed under this section, upon acceptance into | 4604 |
| the municipal fire department, shall be given the rank of | 4605 |
| "firefighter" and entitled to full seniority credit for prior | 4606 |
| service in the township or joint township fire district. The | 4607 |
| person shall be entitled to the same salary, future benefits, | 4608 |
| vacations, earned time, sick leave, and other rights and | 4609 |
| privileges as the municipal fire department extends to other | 4610 |
| employees with the same amount of prior service. The person may | 4611 |
| take promotional examinations only after completion of one year of | 4612 |
| service with the municipal fire department and after meeting any | 4613 |
| applicable civil service requirements for such examination. | 4614 |
| Compliance with this section is in lieu of compliance with | 4615 |
| section 124.42 of the Revised Code or any other requirements for | 4616 |
| original appointment to a municipal fire district. | 4617 |
| Sec. 742.31. Each employee shall contribute an amount equal | 4618 |
| to ten per cent of the employee's salary to the Ohio police and | 4619 |
|
fire pension fund. | 4620 |
| section shall not be paid by an employer on an employee's behalf, | 4621 |
| but may be treated as employer contributions for purposes of state | 4622 |
| and federal income tax deferred income provisions. | 4623 |
| The amount shall be deducted by the employer from the | 4624 |
| employee's salary as defined in division (L) of section 742.01 of | 4625 |
| the Revised Code for each payroll period, irrespective of whether | 4626 |
| the minimum compensation provided by law for the employee is | 4627 |
| reduced thereby. Every employee shall be deemed to consent to the | 4628 |
| deductions, and payment to the employee less the deductions is a | 4629 |
| complete discharge and acquittance of all claims and demands for | 4630 |
| the services rendered by the employee during the period covered by | 4631 |
| such payment. | 4632 |
| Sec. 742.63. The board of trustees of the Ohio police and | 4633 |
| fire pension fund shall adopt rules for the management of the Ohio | 4634 |
| public safety officers death benefit fund and for disbursements of | 4635 |
| benefits as set forth in this section. | 4636 |
| (A) As used in this section: | 4637 |
| (1) "Member" means all of the following: | 4638 |
| (a) A member of the Ohio police and fire pension fund, | 4639 |
| including a member of the fund who has elected to participate in | 4640 |
| the deferred retirement option plan established under section | 4641 |
| 742.43 of the Revised Code or a member of or contributor to a | 4642 |
| police or firemen's relief and pension fund established under | 4643 |
| former Chapter 521. or 741. of the Revised Code; | 4644 |
| (b) A member of the state highway patrol retirement system, | 4645 |
| including a member who is participating in the deferred retirement | 4646 |
| option plan established under section 5505.50 of the Revised Code; | 4647 |
| (c) A member of the public employees retirement system who at | 4648 |
| the time of the member's death was one of the following: | 4649 |
| (i) A county sheriff or deputy sheriff; | 4650 |
| (ii) A full-time regular police officer in a municipal | 4651 |
| corporation or township; | 4652 |
| (iii) A full-time regular firefighter employed by the state, | 4653 |
| an instrumentality of the state, a municipal corporation, a | 4654 |
| township, a joint fire district, or another political subdivision; | 4655 |
| (iv) A full-time park district ranger or patrol trooper; | 4656 |
| (v) A full-time law enforcement officer of the department of | 4657 |
| natural resources; | 4658 |
| (vi) A full-time department of public safety enforcement | 4659 |
| agent; | 4660 |
| (vii) A full-time law enforcement officer of parks, waterway | 4661 |
| lands, or reservoir lands under the control of a municipal | 4662 |
| corporation; | 4663 |
| (viii) A full-time law enforcement officer of a conservancy | 4664 |
| district; | 4665 |
| (ix) A correction officer at an institution under the control | 4666 |
| of a county, a group of counties, a municipal corporation, or the | 4667 |
| department of rehabilitation and correction; | 4668 |
| (x) A state university law enforcement officer; | 4669 |
| (xi) An investigator, as defined in section 109.541 of the | 4670 |
| Revised Code, or an investigator commissioned as a special agent | 4671 |
| of the bureau of criminal identification and investigation. | 4672 |
| (xii) A drug agent, as defined in section 145.01 of the | 4673 |
| Revised Code. | 4674 |
| (d) A member of a retirement system operated by a municipal | 4675 |
| corporation who at the time of death was a full-time law | 4676 |
| enforcement officer of parks, waterway lands, or reservoir lands | 4677 |
| under the control of the municipal corporation. | 4678 |
| (2) Notwithstanding section 742.01 of the Revised Code, "fire | 4679 |
| or police department" includes a fire department of the state or | 4680 |
| an instrumentality of the state or of a municipal corporation, | 4681 |
| township, joint fire district, or other political subdivision, the | 4682 |
| state highway patrol, a county sheriff's office, the security | 4683 |
| force of an institution under the control of the department of | 4684 |
| rehabilitation and correction, the security force of a jail or | 4685 |
| workhouse under the control of a county, group of counties, or | 4686 |
| municipal corporation, the security force of a metropolitan, | 4687 |
| county, or township park district, the security force of lands | 4688 |
| under the control of the department of natural resources, | 4689 |
| department of public safety enforcement agents, the security force | 4690 |
| of parks, waterway lands, or reservoir lands under the control of | 4691 |
| a municipal corporation, the security force of a conservancy | 4692 |
| district, the police department of a township or municipal | 4693 |
| corporation, and the police force of a state university. | 4694 |
| (3) "Firefighter or police officer" includes a state highway | 4695 |
| patrol trooper, a county sheriff or deputy sheriff, a correction | 4696 |
| officer at an institution under the control of a county, a group | 4697 |
| of counties, a municipal corporation, or the department of | 4698 |
| rehabilitation and correction, a police officer employed by a | 4699 |
| township or municipal corporation, a firefighter employed by the | 4700 |
| state, an instrumentality of the state, a municipal corporation, a | 4701 |
| township, a joint fire district, or another political subdivision, | 4702 |
| a full-time park district ranger or patrol trooper, a full-time | 4703 |
| law enforcement officer of the department of natural resources, a | 4704 |
| full-time department of public safety enforcement agent, a | 4705 |
| full-time law enforcement officer of parks, waterway lands, or | 4706 |
| reservoir lands under the control of a municipal corporation, a | 4707 |
| full-time law enforcement officer of a conservancy district, and a | 4708 |
| state university law enforcement officer. | 4709 |
| (4) "Correction officer" includes, in addition to any | 4710 |
| correction officer, any correction corporal, sergeant, lieutenant, | 4711 |
| or captain, and the equivalents of all such persons. | 4712 |
| (5) "A park district ranger or patrol trooper" means a peace | 4713 |
| officer commissioned to make arrests, execute warrants, and | 4714 |
| preserve the peace upon lands under the control of a board of park | 4715 |
| commissioners of a metropolitan, county, or township park | 4716 |
| district. | 4717 |
| (6) "Metropolitan, county, or township park district" means a | 4718 |
| park district created under the authority of Chapter 511. or 1545. | 4719 |
| of the Revised Code. | 4720 |
| (7) "Conservancy district" means a conservancy district | 4721 |
| created under the authority of Chapter 6101. of the Revised Code. | 4722 |
| (8) "Law enforcement officer" means an officer commissioned | 4723 |
| to make arrests, execute warrants, and preserve the peace upon | 4724 |
| lands under the control of the governmental entity granting the | 4725 |
| commission. | 4726 |
| (9) "Department of natural resources law enforcement officer" | 4727 |
| includes a forest officer designated pursuant to section 1503.29 | 4728 |
| of the Revised Code, a preserve officer designated pursuant to | 4729 |
| section 1517.10 of the Revised Code, a wildlife officer designated | 4730 |
| pursuant to section 1531.13 of the Revised Code, a park officer | 4731 |
| designated pursuant to section 1541.10 of the Revised Code, and a | 4732 |
| state watercraft officer designated pursuant to section 1547.521 | 4733 |
| of the Revised Code. | 4734 |
| (10) "Retirement eligibility date" means the last day of the | 4735 |
| month in which a deceased member would have first become eligible, | 4736 |
| had the member lived, for the retirement pension provided under | 4737 |
| section 145.33, Chapter 521. or 741., division (C)(1) of section | 4738 |
| 742.37, or division (A)(1) of section 5505.17 of the Revised Code | 4739 |
| or provided by a retirement system operated by a municipal | 4740 |
| corporation. | 4741 |
| (11) "Death benefit amount" means an amount equal to the full | 4742 |
| monthly salary in effect immediately prior to the effective date | 4743 |
| of this amendment that was received by a deceased member prior to | 4744 |
| death, minus an amount equal to the benefit received under section | 4745 |
| 145.45, 742.37, 742.3714, or 5505.17 of the Revised Code or the | 4746 |
| benefit received from a retirement system operated by a municipal | 4747 |
| corporation, plus any increases in salary permitted by law in | 4748 |
| effect immediately prior to the effective date of this amendment | 4749 |
| that would have been granted the deceased member. | 4750 |
| (12) "Killed in the line of duty" means either of the | 4751 |
| following: | 4752 |
| (a) Death in the line of duty; | 4753 |
| (b) Death from injury sustained in the line of duty, | 4754 |
| including heart attack or other fatal injury or illness caused | 4755 |
| while in the line of duty. | 4756 |
| (B) A spouse of a deceased member shall receive a death | 4757 |
| benefit each month equal to the full death benefit amount, | 4758 |
| provided that the deceased member was a firefighter or police | 4759 |
| officer killed in the line of duty and there are no surviving | 4760 |
| children eligible for a benefit under this section. The spouse | 4761 |
| shall receive this benefit during the spouse's natural life until | 4762 |
| the deceased member's retirement eligibility date, on which date | 4763 |
| the benefit provided under this division shall terminate. | 4764 |
| (C)(1) If a member killed in the line of duty as a | 4765 |
| firefighter or police officer is survived only by a child or | 4766 |
| children, the child or children shall receive a benefit each month | 4767 |
| equal to the full death benefit amount. If there is more than one | 4768 |
| surviving child, the benefit shall be divided equally among these | 4769 |
| children. | 4770 |
| (2) If the death benefit paid under this division is divided | 4771 |
| among two or more surviving children and any of the children | 4772 |
| become ineligible to continue receiving a portion of the benefit | 4773 |
| as provided in division (H) of this section, the full death | 4774 |
| benefit amount shall be paid to the remaining eligible child or | 4775 |
| divided among the eligible children so that the benefit paid to | 4776 |
| the remaining eligible child or children equals the full death | 4777 |
| benefit amount. | 4778 |
| (3) Notwithstanding divisions (C)(1) and (2) of this section, | 4779 |
| all death benefits paid under this division shall terminate on the | 4780 |
| deceased member's retirement eligibility date. | 4781 |
| (D) If a member killed in the line of duty as a firefighter | 4782 |
| or police officer is survived by both a spouse and a child or | 4783 |
| children, the monthly benefit provided shall be as follows: | 4784 |
| (1)(a) If there is a surviving spouse and one surviving | 4785 |
| child, the spouse shall receive an amount each month equal to | 4786 |
| one-half of the full death benefit amount and the child shall | 4787 |
| receive an amount equal to one-half of the full death benefit | 4788 |
| amount. | 4789 |
| (b) If the surviving spouse dies or the child becomes | 4790 |
| ineligible as provided in division (H) of this section, the | 4791 |
| surviving spouse or child remaining eligible shall receive the | 4792 |
| full death benefit amount. | 4793 |
| (2)(a) If there is a surviving spouse and more than one | 4794 |
| child, the spouse shall receive an amount each month equal to | 4795 |
| one-third of the full death benefit amount and the children shall | 4796 |
| receive an amount, equally divided among them, equal to two-thirds | 4797 |
| of the full death benefit amount. | 4798 |
| (b) If a spouse and more than one child each are receiving a | 4799 |
| death benefit under division (D)(2)(a) of this section and the | 4800 |
| spouse dies, the children shall receive an amount each month, | 4801 |
| equally divided among them, equal to the full death benefit | 4802 |
| amount. | 4803 |
| (c) If a spouse and more than one child each are receiving a | 4804 |
| benefit under division (D)(2)(a) of this section and any of the | 4805 |
| children becomes ineligible to receive a benefit as provided in | 4806 |
| division (H) of this section, the spouse and remaining eligible | 4807 |
| child or children shall receive a death benefit as follows: | 4808 |
| (i) If there are two or more remaining eligible children, the | 4809 |
| spouse shall receive an amount each month equal to one-third of | 4810 |
| the full death benefit amount and the children shall receive an | 4811 |
| amount each month, equally divided among them, equal to two-thirds | 4812 |
| of the full death benefit amount; | 4813 |
| (ii) If there is one remaining eligible child, the spouse | 4814 |
| shall receive an amount each month equal to one-half of the full | 4815 |
| death benefit amount, and the child shall receive an amount each | 4816 |
| month equal to one-half of the full death benefit amount. | 4817 |
| (d) If a spouse and more than one child each are receiving a | 4818 |
| benefit under division (D)(2)(a) of this section and all of the | 4819 |
| children become ineligible to receive a benefit as provided in | 4820 |
| division (H) of this section, the spouse shall receive the full | 4821 |
| death benefit amount. | 4822 |
| (3) Notwithstanding divisions (D)(1) and (2) of this section, | 4823 |
| death benefits paid under this division to a surviving spouse | 4824 |
| shall terminate on the member's retirement eligibility date. Death | 4825 |
| benefits paid to a surviving child or children shall terminate on | 4826 |
| the deceased member's retirement eligibility date unless earlier | 4827 |
| terminated pursuant to division (H) of this section. | 4828 |
| (E) If a member, on or after January 1, 1980, is killed in | 4829 |
| the line of duty as a firefighter or police officer and is | 4830 |
| survived by only a parent or parents dependent upon the member for | 4831 |
| support, the parent or parents shall receive an amount each month | 4832 |
| equal to the full death benefit amount. If there is more than one | 4833 |
| surviving parent dependent upon the deceased member for support, | 4834 |
| the death benefit amount shall be divided equally among the | 4835 |
| surviving parents. On the death of one of the surviving parents, | 4836 |
| the full death benefit amount shall be paid to the other parent. | 4837 |
| (F)(1) The following shall receive a monthly death benefit | 4838 |
| under this division: | 4839 |
| (a) A surviving spouse whose benefits are terminated in | 4840 |
| accordance with division (B) or (D)(3) of this section on the | 4841 |
| deceased member's retirement eligibility date, or who would | 4842 |
| qualify for a benefit under division (B) or (D) of this section | 4843 |
| except that the deceased member reached the member's retirement | 4844 |
| eligibility date prior to the member's death; | 4845 |
| (b) A qualified surviving spouse of a deceased member of or | 4846 |
| contributor to a police or firemen's relief and pension fund | 4847 |
| established under former Chapter 521. or 741. of the Revised Code | 4848 |
| who was a firefighter or police officer killed in the line of | 4849 |
| duty. | 4850 |
| (2) The monthly death benefit shall be one-half of an amount | 4851 |
| equal to the monthly salary received by the deceased member prior | 4852 |
| to the member's death, plus any salary increases the deceased | 4853 |
| member would have received prior to the member's retirement | 4854 |
| eligibility date. The benefit shall terminate on the surviving | 4855 |
| spouse's death. A death benefit payable under this division shall | 4856 |
| be reduced by an amount equal to any allowance or benefit payable | 4857 |
| to the surviving spouse under section 742.3714 of the Revised | 4858 |
| Code. | 4859 |
| (3) A benefit granted to a surviving spouse under division | 4860 |
| (F)(1)(b) of this section shall commence on the first day of the | 4861 |
| month immediately following receipt by the board of a completed | 4862 |
| application on a form provided by the board and any evidence the | 4863 |
| board may require to establish that the deceased spouse was killed | 4864 |
| in the line of duty. | 4865 |
| (G)(1) If there is not a surviving spouse eligible to receive | 4866 |
| a death benefit under division (F) of this section or the | 4867 |
| surviving spouse receiving a death benefit under that division | 4868 |
| dies, a surviving child or children whose benefits under division | 4869 |
| (C) or (D) of this section are or have been terminated pursuant to | 4870 |
| division (C)(3) or (D)(3) of this section or who would qualify for | 4871 |
| a benefit under division (C) or (D) of this section except that | 4872 |
| the deceased member reached the member's retirement eligibility | 4873 |
| date prior to the member's death shall receive a monthly death | 4874 |
| benefit under this division. The monthly death benefit shall be | 4875 |
| one-half of an amount equal to the monthly salary received by the | 4876 |
| deceased member prior to the member's death, plus any salary | 4877 |
| increases the member would have received prior to the member's | 4878 |
| retirement eligibility date. If there is more than one surviving | 4879 |
| child, the benefit shall be divided equally among the surviving | 4880 |
| children. | 4881 |
| (2) If two or more surviving children each are receiving a | 4882 |
| benefit under this division and any of those children becomes | 4883 |
| ineligible to continue receiving a benefit as provided in division | 4884 |
| (H) of this section, the remaining eligible child or children | 4885 |
| shall receive an amount equal to one-half of the monthly salary | 4886 |
| received by the deceased member prior to death, plus any salary | 4887 |
| increases the deceased member would have received prior to the | 4888 |
| retirement eligibility date. If there is more than one remaining | 4889 |
| eligible child, the benefit shall be divided equally among the | 4890 |
| eligible children. | 4891 |
| (3) A death benefit, or portion of a death benefit, payable | 4892 |
| to a surviving child under this division shall be reduced by an | 4893 |
| amount equal to any allowance or benefit payable to that child | 4894 |
| under section 742.3714 of the Revised Code, but the reduction in | 4895 |
| that child's benefit shall not affect the amount payable to any | 4896 |
| other surviving child entitled to a portion of the death benefit. | 4897 |
| (H) A death benefit paid to a surviving child under division | 4898 |
| (C), (D), or (G) of this section shall terminate on the death of | 4899 |
| the child or, unless one of the following is the case, when the | 4900 |
| child reaches age eighteen: | 4901 |
| (1) The child, because of physical or mental disability, is | 4902 |
| unable to provide the child's own support, in which case the death | 4903 |
| benefit shall terminate when the disability is removed; | 4904 |
| (2) The child is unmarried, under age twenty-two, and a | 4905 |
| student in and attending an institution of learning or training | 4906 |
| pursuant to a program designed to complete in each school year the | 4907 |
| equivalent of at least two-thirds of the full-time curriculum | 4908 |
| requirements of the institution, as determined by the trustees of | 4909 |
| the fund. | 4910 |
| (I) Acceptance of any death benefit under this section does | 4911 |
| not prohibit a spouse or child from receiving other benefits | 4912 |
| provided under the Ohio police and fire pension fund, the state | 4913 |
| highway patrol retirement system, the public employees retirement | 4914 |
| system, or a retirement system operated by a municipal | 4915 |
| corporation. | 4916 |
| (J) No person shall receive a benefit under this section if | 4917 |
| any of the following occur: | 4918 |
| (1) The person fails to exercise the right to a monthly | 4919 |
| survivor benefit under division (A) or (B) of section 145.45, | 4920 |
| division (D), (E), or (F) of section 742.37, or division (A)(3), | 4921 |
| (4), or (7) of section 5505.17 of the Revised Code; to a monthly | 4922 |
| survivor benefit from a retirement system operated by a municipal | 4923 |
| corporation; or to a retirement allowance under section 742.3714 | 4924 |
| of the Revised Code. | 4925 |
| (2) The member's accumulated contributions under this chapter | 4926 |
| or Chapter 145. or 5505. of the Revised Code are refunded unless | 4927 |
| the member had been a member of the public employees retirement | 4928 |
| system and had fewer than eighteen months of total service credit | 4929 |
| at the time of death. | 4930 |
| (3) In the case of a full-time park district ranger or patrol | 4931 |
| trooper, a full-time law enforcement officer of the department of | 4932 |
| natural resources, a full-time law enforcement officer of parks, | 4933 |
| waterway lands, or reservoir lands under the control of a | 4934 |
| municipal corporation, a full-time law enforcement officer of a | 4935 |
| conservancy district, a correction officer at an institution under | 4936 |
| the control of a county, group of counties, or municipal | 4937 |
| corporation, or a member of a retirement system operated by a | 4938 |
| municipal corporation who at the time of the member's death was a | 4939 |
| full-time law enforcement officer of parks, waterway lands, or | 4940 |
| reservoir lands under the control of the municipal corporation, | 4941 |
| the member died prior to April 9, 1981, in the case of a benefit | 4942 |
| under division (B), (C), or (D) of this section, or prior to | 4943 |
| January 1, 1980, in the case of a benefit under division (E) of | 4944 |
| this section. | 4945 |
| (4) In the case of a full-time department of public safety | 4946 |
| enforcement agent who prior to June 30, 1999, was a liquor control | 4947 |
| investigator of the department of public safety, the member died | 4948 |
| prior to December 23, 1986; | 4949 |
| (5) In the case of a full-time department of public safety | 4950 |
| enforcement agent other than an enforcement agent who, prior to | 4951 |
| June 30, 1999, was a liquor control investigator, the member died | 4952 |
| prior to June 30, 1999. | 4953 |
| (K) A surviving spouse whose benefit was terminated prior to | 4954 |
| June 30, 1999, due to remarriage shall receive a benefit under | 4955 |
| division (B), (D), or (F) of this section beginning on the first | 4956 |
| day of the month following receipt by the board of an application | 4957 |
| on a form provided by the board. The benefit amount shall be | 4958 |
| determined as of that date. | 4959 |
| (1) If the benefit will begin prior to the deceased member's | 4960 |
| retirement eligibility date, it shall be paid under division (B) | 4961 |
| or (D) of this section and shall terminate as provided in those | 4962 |
| divisions. A benefit paid to a surviving spouse under division (D) | 4963 |
| of this section shall be determined in accordance with that | 4964 |
| division, even if benefits paid to surviving children are reduced | 4965 |
| as a result. | 4966 |
| (2) If the benefit will begin on or after the deceased | 4967 |
| member's retirement eligibility date, it shall be paid under | 4968 |
| division (F) of this section and shall terminate as provided in | 4969 |
| that division. A benefit paid to a surviving spouse under division | 4970 |
| (F) of this section shall be determined in accordance with that | 4971 |
| division, even if benefits paid to surviving children are | 4972 |
| terminated as a result. | 4973 |
| Sec. 749.082. (A) The following apply to the board of | 4974 |
| hospital commissioners in relation to its employees and the | 4975 |
| employees of a hospital erected under sections 749.02 to 749.14 of | 4976 |
| the Revised Code, subject to the ordinances of the legislative | 4977 |
| authority of the municipal corporation: | 4978 |
| (1) The board may adopt the wage and salary schedule for | 4979 |
| employees. If the board establishes a salary schedule, the board | 4980 |
| shall require performance to be the only basis for an employee's | 4981 |
| progression through the schedule. | 4982 |
| (2) The board may employ the hospital's administrator | 4983 |
| pursuant to section 749.083 of the Revised Code, and the | 4984 |
| administrator may employ individuals for the hospital in | 4985 |
| accordance with that section. | 4986 |
| (3) The board may employ assistants as necessary to perform | 4987 |
| its clerical work, superintend properly the construction of the | 4988 |
| hospital, and pay the hospital's expenses. The employees may be | 4989 |
| paid from funds provided for the hospital. | 4990 |
| (4) The board may enter into a contract with an employer or | 4991 |
| other entity whereby the services of any employee of the board or | 4992 |
| hospital are rendered to or on behalf of the employer or other | 4993 |
| entity for a fee paid to the board or hospital. | 4994 |
| (5) The board may grant to employees any fringe benefits the | 4995 |
| board determines to be customary and usual in the nonprofit | 4996 |
| hospital field in the community, including the following: | 4997 |
| (a) Additional vacation leave with full pay for full-time | 4998 |
| employees, including hourly rate employees, after service of one | 4999 |
| year; | 5000 |
| (b) Vacation leave and holiday pay for part-time employees on | 5001 |
| a pro rata basis; | 5002 |
| (c) Leave with full pay, which shall not be deducted from the | 5003 |
| employee's accumulated sick leave, due to death in the employee's | 5004 |
| immediate family; | 5005 |
| (d) Moving expenses for new employees; | 5006 |
| (e) Premium pay for working on holidays observed by other | 5007 |
| municipal agencies; | 5008 |
| (f) Discounts on purchases from the hospital pharmacy. | 5009 |
| (6) The board may provide holiday leave by observing Martin | 5010 |
| Luther King day, Washington-Lincoln day, Columbus day, and | 5011 |
| Veterans' day on days other than those specified in section 1.14 | 5012 |
| of the Revised Code. | 5013 |
| (7) The board may grant to employees the insurance benefits | 5014 |
| authorized by division (B) of this section. | 5015 |
| (8) The board may provide employee recognition awards and may | 5016 |
| hold employee recognition dinners. | 5017 |
| (9) The board may provide scholarships for education in the | 5018 |
| health care professions, tuition reimbursement, and other staff | 5019 |
| development programs for the purpose of recruiting or retaining | 5020 |
| qualified employees. | 5021 |
| (10) The board may pay reasonable expenses for recruiting | 5022 |
| physicians into the city or for retaining them if all or part of | 5023 |
| the city has been designated as an area with a shortage of | 5024 |
| personal health services under the "Health Maintenance | 5025 |
| Organization Act of 1973," 87 Stat. 914, 42 U.S.C. 300e, as | 5026 |
| amended. | 5027 |
| (B)(1) The board of hospital commissioners may contract for, | 5028 |
| purchase, or otherwise procure on behalf of any or all of its | 5029 |
| employees, the employees of the hospital, or such employees and | 5030 |
| their immediate dependents the following types of fringe benefits: | 5031 |
| (a) Group or individual insurance contracts which may include | 5032 |
| life, sickness, accident, disability, annuities, endowment, | 5033 |
| health, medical expense, hospital, dental, surgical and related | 5034 |
| coverage or any combination thereof; | 5035 |
| (b) Group or individual contracts with health insuring | 5036 |
| corporations or other providers of professional services, care, or | 5037 |
| benefits duly authorized to do business in this state. | 5038 |
| (2) The board of hospital commissioners may contract for, | 5039 |
| purchase, or otherwise procure insurance contracts which provide | 5040 |
| protection for the commissioners, the board's employees, and the | 5041 |
| employees of the hospital against liability, including | 5042 |
| professional liability, provided that this section or any | 5043 |
| insurance contract issued pursuant to this section shall not be | 5044 |
| construed as a waiver of or in any manner affect the immunity of | 5045 |
| the hospital or municipal corporation. | 5046 |
| (3) All or any portion of the cost, premium, fees, or charges | 5047 |
| for the insurance benefits specified in divisions (B)(1) and (2) | 5048 |
| of this section may be paid in such manner or combination of | 5049 |
| manners as the board may determine, including direct payment by an | 5050 |
| employee, and, if authorized in writing by an employee, by the | 5051 |
| board with moneys made available by deduction from or reduction in | 5052 |
| salary or wages or by the foregoing of a salary or wage increase. | 5053 |
| Notwithstanding sections 3917.01 and 3917.06 of the Revised | 5054 |
| Code, the board may purchase group life insurance authorized by | 5055 |
| this section by reason of payment of premiums therefor by the | 5056 |
| board from its funds, and such group life insurance may be issued | 5057 |
| and purchased if otherwise consistent with sections 3917.01 to | 5058 |
| 3917.06 of the Revised Code. | 5059 |
| (C) The board with the approval of the legislative authority | 5060 |
| may retain counsel to bring actions for the collection of | 5061 |
| delinquent accounts. | 5062 |
| Sec. 749.083. (A) The board of hospital commissioners shall | 5063 |
| provide for the administration of the hospital by directly | 5064 |
| employing a hospital administrator or by entering into a contract | 5065 |
| for the management of the hospital under which an administrator is | 5066 |
| provided. When an administrator is employed directly, the board | 5067 |
| shall adopt a job description delineating the administrator's | 5068 |
| powers and duties and the board may pay the administrator's salary | 5069 |
| and other benefits from funds provided for the hospital. | 5070 |
| (B) During the construction and equipping of the hospital, | 5071 |
| the administrator shall act in an advisory capacity to the board. | 5072 |
| After the hospital is completed, the administrator shall serve as | 5073 |
| the chief executive officer and shall carry out the administration | 5074 |
| of the hospital according to the policies set forth by the board. | 5075 |
| The administrator shall administer the hospital, make | 5076 |
| reports, and take any other action that the administrator | 5077 |
| determines is necessary for the operation of the hospital. | 5078 |
| At the end of each fiscal year, the administrator shall | 5079 |
| submit to the board a complete financial statement showing the | 5080 |
| receipts, revenues, and expenditures in detail for the entire | 5081 |
| fiscal year. | 5082 |
| The administrator shall ensure that the hospital has such | 5083 |
| physicians, nurses, and other employees as are necessary for the | 5084 |
| proper care, control, and management of the hospital and its | 5085 |
| patients. The physicians, nurses, and other employees may be | 5086 |
| suspended or removed by the administrator at any time the welfare | 5087 |
| of the hospital warrants suspension or removal. The administrator | 5088 |
| may obtain physicians, nurses, and other employees by direct | 5089 |
| employment, entering into contracts, or granting authority to | 5090 |
| practice in the hospital. If the board delegates to the | 5091 |
| administrator the authority to fix employee compensation in | 5092 |
| accordance with the wage and salary schedule established by the | 5093 |
| board under section 749.082 of the Revised Code, the administrator | 5094 |
| shall use performance as the only basis for an employee's | 5095 |
| progression through that schedule. | 5096 |
| Sec. 917.03. There is hereby created a milk sanitation board | 5097 |
| consisting of the director of agriculture or the director's | 5098 |
| authorized representative, the director of health or the | 5099 |
| director's authorized representative, and the following members to | 5100 |
| be appointed by the director of agriculture: | 5101 |
| (A) Two grade A milk producers; | 5102 |
| (B) One manufacture milk producer; | 5103 |
| (C) Three milk processors, one of whom shall be a grade A | 5104 |
| milk processor and one of whom shall be a manufacture milk | 5105 |
| processor; | 5106 |
| (D) One milk hauler. | 5107 |
| The three members who are milk producers shall not be members | 5108 |
| or representatives of the same co-operative association. | 5109 |
| The director of agriculture or the director's authorized | 5110 |
| representative shall serve as chairperson of the board. | 5111 |
| Before making the appointments to the board required under | 5112 |
| this section, the director of agriculture shall consult the | 5113 |
| respective statewide trade organizations that represent grade A | 5114 |
| milk producers, manufacture milk producers, milk processors, and | 5115 |
| milk haulers. | 5116 |
| Of the initial appointments, one grade A milk producer, one | 5117 |
| milk processor, and the milk hauler shall serve for a term ending | 5118 |
| December 31, 1998, one grade A milk producer and the manufacture | 5119 |
| milk processor shall serve for a term ending December 31, 1999, | 5120 |
| and the manufacture milk producer and a grade A milk processor | 5121 |
| shall serve for a term ending December 31, 2000. Thereafter, | 5122 |
| members shall serve three-year terms that expire on the | 5123 |
| thirty-first day of December. | 5124 |
| Each member shall hold office from the date of appointment | 5125 |
| until the end of the term for which the member was appointed. A | 5126 |
| member appointed to fill a vacancy occurring prior to the | 5127 |
| expiration of the term for which the member's predecessor was | 5128 |
| appointed shall hold office for the remainder of the term. A | 5129 |
| member shall continue in office subsequent to the expiration date | 5130 |
| of the member's term until the member's successor takes office or | 5131 |
| a period of sixty days has elapsed, whichever occurs first. A | 5132 |
| member shall continue in office for the entirety of the member's | 5133 |
| term unless removed for misfeasance, malfeasance, or nonfeasance. | 5134 |
| The director shall provide the board with the personnel, | 5135 |
| office space, and incidentals necessary for it to perform its | 5136 |
| duties and exercise its powers. Members shall be reimbursed for | 5137 |
| their actual and necessary expenses incurred in the performance of | 5138 |
| their duties. Appointed members shall receive compensation in an | 5139 |
|
amount determined pursuant to division
| 5140 |
| the Revised Code. | 5141 |
| Sec. 927.69. To effect the purpose of sections 927.51 to | 5142 |
| 927.73 of the Revised Code, the director of agriculture or the | 5143 |
| director's authorized representative may: | 5144 |
| (A) Make reasonable inspection of any premises in this state | 5145 |
| and any property therein or thereon; | 5146 |
| (B) Stop and inspect in a reasonable manner, any means of | 5147 |
| conveyance moving within this state upon probable cause to believe | 5148 |
| it contains or carries any pest, host, commodity, or other article | 5149 |
| that is subject to sections 927.51 to 927.72 of the Revised Code; | 5150 |
| (C) Conduct inspections of agricultural products that are | 5151 |
| required by other states, the United States department of | 5152 |
| agriculture, other federal agencies, or foreign countries to | 5153 |
| determine whether the products are infested. If, upon making such | 5154 |
| an inspection, the director or the director's authorized | 5155 |
| representative determines that an agricultural product is not | 5156 |
| infested, the director or the director's authorized representative | 5157 |
| may issue a certificate, as required by other states, the United | 5158 |
| States department of agriculture, other federal agencies, or | 5159 |
| foreign countries, indicating that the product is not infested. | 5160 |
| If the director charges fees for any of the certificates, | 5161 |
| agreements, or inspections specified in this section, the fees | 5162 |
| shall be as follows: | 5163 |
| (1) Phyto sanitary certificates, twenty-five dollars for | 5164 |
| those collectors or dealers that are licensed under section 927.53 | 5165 |
| of the Revised Code; | 5166 |
| (2) Phyto sanitary certificates, one hundred dollars for all | 5167 |
| others; | 5168 |
| (3) Compliance agreements, forty dollars; | 5169 |
| (4) Agricultural products and their conveyances inspections, | 5170 |
| an hourly amount set by the director equal to the highest hourly | 5171 |
|
rate of pay | 5172 |
| benefits, of a plant pest control specialist multiplied by the | 5173 |
| number of hours worked by such a specialist in conducting an | 5174 |
| inspection. | 5175 |
| The director may adopt rules under section 927.52 of the | 5176 |
| Revised Code that define the certificates, agreements, and | 5177 |
| inspections. | 5178 |
| The fees shall be credited to the plant pest program fund | 5179 |
| created in section 927.54 of the Revised Code. | 5180 |
| Sec. 991.02. (A) There is hereby created the Ohio | 5181 |
| expositions commission which shall consist of the following | 5182 |
| thirteen members: nine members appointed by the governor with the | 5183 |
| advice and consent of the senate; the director of development and | 5184 |
| the director of agriculture, or their designated representatives, | 5185 |
| who shall be ex officio members with voting rights of such | 5186 |
|
commission; and the | 5187 |
| in the house of representatives to which matters dealing with | 5188 |
|
agriculture are generally referred and the | 5189 |
| the standing committee in the senate to which matters dealing with | 5190 |
| agriculture are generally referred, who shall be nonvoting | 5191 |
| members. If the senate is not in session, recess appointments | 5192 |
| shall be made by the governor. | 5193 |
| (B) Of the nine members of the commission appointed by the | 5194 |
| governor, not more than five shall be from one political party, at | 5195 |
| least three members shall receive the major portion of their | 5196 |
| income from farming, and at least one member shall, at the time of | 5197 |
| 5198 | |
| agricultural society which was organized in compliance with | 5199 |
| section 1711.01 or 1711.02 of the Revised Code. Terms of office | 5200 |
| shall be for six years, commencing on the second day of December | 5201 |
| and ending on the first day of December. Each member shall hold | 5202 |
|
office from the date of | 5203 |
|
for which | 5204 |
|
occurring prior to the expiration of the term for which
| 5205 |
| member's predecessor was appointed shall hold office for the | 5206 |
| remainder of such term. Any member shall continue in office | 5207 |
|
subsequent to the expiration date of | 5208 |
| 5209 | |
| sixty days has elapsed, whichever occurs first. | 5210 |
| The term of each nonvoting, legislative member of the | 5211 |
| commission shall be for two years or until the end of the member's | 5212 |
| legislative term, whichever occurs first. | 5213 |
| (C) The commission shall annually, during the month of | 5214 |
|
December, select from among its members a | 5215 |
| 5216 | |
| chairperson shall carry out | 5217 |
| secretary, who may be a member or employee of the commission, to | 5218 |
| record the minutes of its meetings and to carry out such other | 5219 |
|
duties as may be assigned by the commission, its
| 5220 |
| chairperson, or | 5221 |
| (D) The director of agriculture and the director of | 5222 |
| development, or their designated representatives, and the two | 5223 |
| legislators appointed to the commission, as members of the | 5224 |
| commission shall serve without compensation. | 5225 |
| (E) Each of the members of the commission appointed by the | 5226 |
| governor shall be paid the rate established pursuant to division | 5227 |
| 5228 | |
| commission are entitled to their actual and necessary expenses | 5229 |
| incurred in the performance of their duties as such members, | 5230 |
| payable from the appropriations for the commission. | 5231 |
| (F) The commission shall hold at least one regular meeting in | 5232 |
| each quarter of each calendar year, and shall keep a record of its | 5233 |
| proceedings which shall be open to the public for inspection. | 5234 |
|
Special meetings may be called by the | 5235 |
|
shall be called by | 5236 |
| request therefor signed by two or more members of the commission. | 5237 |
| Written notice of the time and place of each meeting shall be sent | 5238 |
| to each member of the commission. Six of the voting members of the | 5239 |
| commission shall constitute a quorum. | 5240 |
| (G) The commission shall employ and prescribe the powers and | 5241 |
| duties of a general manager who shall serve in the unclassified | 5242 |
| civil service at a salary fixed pursuant to section 124.14 of the | 5243 |
| Revised Code. The general manager may employ such assistant | 5244 |
|
managers as | 5245 |
| At no time shall such assistant managers exceed four in number, | 5246 |
| one of whom shall be appointed in the classified civil service. | 5247 |
| The general manager may, subject to the approval of the | 5248 |
| commission, employ a fiscal officer and such other officers, | 5249 |
| employees, and consultants with such powers and duties as are | 5250 |
| necessary to carry out sections 991.01 to 991.07 of the Revised | 5251 |
| Code. With the approval of the commission and in order to | 5252 |
| implement this chapter, the general manager may employ and fix the | 5253 |
| compensation of seasonal employees; these employees shall be in | 5254 |
| the unclassified civil service, and the overtime pay requirements | 5255 |
| of section 124.18 of the Revised Code do not apply to them. The | 5256 |
| general manager shall be considered the appointing authority of | 5257 |
| the commission for purposes of Chapter 124. of the Revised Code. | 5258 |
| (H) The governor may remove any appointed voting member of | 5259 |
| the commission at any time for inefficiency, neglect of duty, or | 5260 |
| malfeasance in office. | 5261 |
| Sec. 1349.71. (A) There is hereby created a consumer finance | 5262 |
| education board, consisting of the following twelve members: | 5263 |
| (1) An employee of the Ohio attorney general's office, | 5264 |
| appointed by the governor; | 5265 |
| (2) An employee of the department of commerce, appointed by | 5266 |
| the governor; | 5267 |
| (3) An employee of the Ohio housing finance agency, appointed | 5268 |
| by the governor; | 5269 |
| (4) A representative of Ohio minority advocacy groups, | 5270 |
| appointed by the governor; | 5271 |
| (5) A member of the Ohio bankers league, appointed by the | 5272 |
| speaker of the house of representatives; | 5273 |
| (6) A member of the Ohio mortgage bankers association, | 5274 |
| appointed by the speaker of the house of representatives; | 5275 |
| (7) A member of the Ohio credit union league, appointed by | 5276 |
| the speaker of the house of representatives; | 5277 |
| (8) A member of the Ohio community bankers association, | 5278 |
| appointed by the speaker of the house of representatives; | 5279 |
| (9) A representative of the Ohio real estate industry, | 5280 |
| appointed by the president of the senate; | 5281 |
| (10) A member of the Ohio mortgage brokers association, | 5282 |
| appointed by the president of the senate; | 5283 |
| (11) A representative of the financial services industry, | 5284 |
| appointed by the president of the senate; | 5285 |
| (12) A representative of consumer advocacy organizations, | 5286 |
| appointed by the president of the senate. | 5287 |
| (B) Geographically diverse representation of the state shall | 5288 |
| be considered in making appointments. Of the initial appointments | 5289 |
| to the board, four shall be for a term ending December 31, 2008, | 5290 |
| four shall be for a term ending December 31, 2009, and four shall | 5291 |
| be for a term ending December 31, 2010. Thereafter, terms of | 5292 |
| office are for three years, commencing on the first day of January | 5293 |
| and ending on the thirty-first day of December. Each member shall | 5294 |
| hold office from the date of the member's appointment until the | 5295 |
| end of the term for which the member is appointed. Prior to | 5296 |
| assuming the duties of office, each member shall subscribe to, and | 5297 |
| file with the secretary of state, the constitutional oath of | 5298 |
| office. Vacancies that occur on the board shall be filled in the | 5299 |
| manner prescribed for regular appointments to the board. A member | 5300 |
| appointed to fill a vacancy occurring prior to the expiration of | 5301 |
| the term for which the member's predecessor was appointed shall | 5302 |
| hold office for the remainder of that predecessor's term. A member | 5303 |
| shall continue in office subsequent to the expiration date of the | 5304 |
| member's term until the member's successor takes office or until | 5305 |
| sixty days have elapsed, whichever occurs first. No person shall | 5306 |
| serve as a member of the board for more than two consecutive | 5307 |
| terms. The governor may remove a member pursuant to section 3.04 | 5308 |
| of the Revised Code. | 5309 |
| (C) Annually, upon the qualification of the members appointed | 5310 |
| in that year, the board shall organize by selecting from its | 5311 |
| members a chairperson. The board shall meet at least once each | 5312 |
| calendar quarter to conduct its business with the place of future | 5313 |
| meetings to be decided by a vote of its members. Each member shall | 5314 |
| be provided with written notice of the time and place of each | 5315 |
| board meeting at least ten days prior to the scheduled date of the | 5316 |
| meeting. A majority of the members of the board constitutes a | 5317 |
| quorum to transact and vote on all business coming before the | 5318 |
| board. | 5319 |
| (D)(1) The governor shall call the first meeting of the | 5320 |
| consumer finance education board. At that meeting, and annually | 5321 |
| thereafter, the board shall elect a chairperson for a one-year | 5322 |
| term and may elect members to other positions on the board as the | 5323 |
| board considers necessary or appropriate. | 5324 |
| (2) Each member of the board shall receive an amount fixed | 5325 |
|
pursuant to division | 5326 |
| for each day employed in the discharge of the member's official | 5327 |
| duties, and the member's actual and necessary expenses incurred in | 5328 |
| the discharge of those duties. | 5329 |
| (E) The board may obtain services from any state agency, | 5330 |
| including, but not limited to, the department of commerce or its | 5331 |
| successor agency. | 5332 |
| (F) The board shall assemble an advisory committee of | 5333 |
| representatives from the following organizations or groups for the | 5334 |
| purpose of receiving recommendations on policy, rules, and | 5335 |
| activities of the board: | 5336 |
| (1) The department of aging; | 5337 |
| (2) The department of rehabilitation and correction; | 5338 |
| (3) The department of development; | 5339 |
| (4) The department of job and family services; | 5340 |
| (5) The Ohio treasurer of state's office; | 5341 |
| (6) The county treasurers association of Ohio; | 5342 |
| (7) Ohio college professors; | 5343 |
| (8) Ohio university professors; | 5344 |
| (9) The Ohio board of regents; | 5345 |
| (10) The Ohio community development corporations association; | 5346 |
| (11) The Ohio council for economic education; | 5347 |
| (12) The Ohio state university extension service. | 5348 |
| Sec. 1509.35. (A) There is hereby created an oil and gas | 5349 |
| commission consisting of five members appointed by the governor. | 5350 |
| Terms of office shall be for five years, commencing on the | 5351 |
| fifteenth day of October and ending on the fourteenth day of | 5352 |
| October, except that the terms of the first five members of the | 5353 |
| board shall be for one, two, three, four, and five years, | 5354 |
| respectively, as designated by the governor at the time of the | 5355 |
| appointment. Each member shall hold office from the date of | 5356 |
| appointment until the end of the term for which the member was | 5357 |
| appointed. Any member appointed to fill a vacancy occurring prior | 5358 |
| to the expiration of the term for which the member's predecessor | 5359 |
| was appointed shall hold office for the remainder of that term. | 5360 |
| Any member shall continue in office subsequent to the expiration | 5361 |
| date of the member's term until a successor takes office, or until | 5362 |
| a period of sixty days has elapsed, whichever occurs first. Each | 5363 |
| vacancy occurring on the commission shall be filled by appointment | 5364 |
| within sixty days after the vacancy occurs. One of the appointees | 5365 |
| to the commission shall be a person who, by reason of the person's | 5366 |
| previous vocation, employment, or affiliations, can be classed as | 5367 |
| a representative of a major petroleum company. One of the | 5368 |
| appointees to the commission shall be a person who, by reason of | 5369 |
| the person's previous vocation, employment, or affiliations, can | 5370 |
| be classed as a representative of the public. One of the | 5371 |
| appointees to the commission shall be a person who, by reason of | 5372 |
| the person's previous training and experience, can be classed as a | 5373 |
| representative of independent petroleum operators. One of the | 5374 |
| appointees to the commission shall be a person who, by reason of | 5375 |
| the person's previous training and experience, can be classed as | 5376 |
| one learned and experienced in oil and gas law. One of the | 5377 |
| appointees to the commission shall be a person who, by reason of | 5378 |
| the person's previous training and experience, can be classed as | 5379 |
| one learned and experienced in geology or petroleum engineering. | 5380 |
| Not more than three members shall be members of the same political | 5381 |
| party. This division does not apply to temporary members appointed | 5382 |
| under division (C) of this section. | 5383 |
| (B) Three members constitute a quorum and no action of the | 5384 |
| commission is valid unless it has the concurrence of at least a | 5385 |
| majority of the members voting on that action. The commission | 5386 |
| shall keep a record of its proceedings. | 5387 |
| (C) If the chairperson of the commission determines that a | 5388 |
| quorum cannot be obtained for the purpose of considering a matter | 5389 |
| that will be before the commission because of vacancies or recusal | 5390 |
| of its members, the chairperson may contact the technical advisory | 5391 |
| council on oil and gas created in section 1509.38 of the Revised | 5392 |
| Code and request a list of members of the council who may serve as | 5393 |
| temporary members of the commission. Using the list provided by | 5394 |
| the council, the chairperson may appoint temporary members to the | 5395 |
| commission. The appointment of temporary members shall be for only | 5396 |
| the matter for which a quorum cannot be obtained. The number of | 5397 |
| temporary members appointed by the chairperson shall not exceed | 5398 |
| the number that is necessary to obtain a quorum for the matter. A | 5399 |
| temporary member of the commission has the same authority, rights, | 5400 |
| and obligations as a member of the commission, including the right | 5401 |
| to compensation and other expenses as provided in this section. | 5402 |
| The authority, rights, and obligations of a temporary member cease | 5403 |
| when the temporary member's service on the commission ends. | 5404 |
| (D) Each member shall be paid an amount fixed pursuant to | 5405 |
|
division | 5406 |
| when actually engaged in the performance of work as a member and | 5407 |
| when engaged in travel necessary in connection with that work. In | 5408 |
| addition to such compensation each member shall be reimbursed for | 5409 |
| all traveling, hotel, and other expenses necessarily incurred in | 5410 |
| the performance of work as a member. | 5411 |
| (E) The commission shall select from among its members a | 5412 |
| chairperson, a vice-chairperson, and a secretary. These officers | 5413 |
| shall serve for terms of one year. | 5414 |
| (F) The governor may remove any member of the commission from | 5415 |
| office for inefficiency, neglect of duty, malfeasance, | 5416 |
| misfeasance, or nonfeasance. | 5417 |
| (G) The commission, in accordance with Chapter 119. of the | 5418 |
| Revised Code, shall adopt rules to govern its procedure. | 5419 |
| Sec. 1513.182. (A) There is hereby created the reclamation | 5420 |
| forfeiture fund advisory board consisting of the director of | 5421 |
| natural resources, the director of insurance, and seven members | 5422 |
| appointed by the governor with the advice and consent of the | 5423 |
| senate. Of the governor's appointments, one shall be a certified | 5424 |
| public accountant, one shall be a registered professional engineer | 5425 |
| with experience in reclamation of mined land, two shall represent | 5426 |
| agriculture, agronomy, or forestry, one shall be a representative | 5427 |
| of operators of coal mining operations that have valid permits | 5428 |
| issued under this chapter and that have provided performance | 5429 |
| security under division (C)(1) of section 1513.08 of the Revised | 5430 |
| Code, one shall be a representative of operators of coal mining | 5431 |
| operations that have valid permits issued under this chapter and | 5432 |
| that have provided performance security under division (C)(2) of | 5433 |
| section 1513.08 of the Revised Code, and one shall be a | 5434 |
| representative of the public. | 5435 |
| Of the original members appointed by the governor, two shall | 5436 |
| serve an initial term of two years, three an initial term of three | 5437 |
| years, and two an initial term of four years. Thereafter, terms of | 5438 |
| appointed members shall be for four years, with each term ending | 5439 |
| on the same date as the original date of appointment. An appointed | 5440 |
| member shall hold office from the date of appointment until the | 5441 |
| end of the term for which the member was appointed. Vacancies | 5442 |
| shall be filled in the same manner as original appointments. A | 5443 |
| member appointed to fill a vacancy occurring prior to the | 5444 |
| expiration of the term for which the member's predecessor was | 5445 |
| appointed shall hold office for the remainder of that term. A | 5446 |
| member shall continue in office subsequent to the expiration date | 5447 |
| of the member's term until the member's successor takes office or | 5448 |
| until a period of sixty days has elapsed, whichever occurs first. | 5449 |
| The governor may remove an appointed member of the board for | 5450 |
| misfeasance, nonfeasance, or malfeasance. | 5451 |
| The directors of natural resources and insurance shall not | 5452 |
| receive compensation for serving on the board, but shall be | 5453 |
| reimbursed for the actual and necessary expenses incurred in the | 5454 |
| performance of their duties as members of the board. The members | 5455 |
| appointed by the governor shall receive per diem compensation | 5456 |
|
fixed pursuant to division | 5457 |
| Code and reimbursement for the actual and necessary expenses | 5458 |
| incurred in the performance of their duties. | 5459 |
| (B) The board annually shall elect from among its members a | 5460 |
| chairperson, a vice-chairperson, and a secretary to record the | 5461 |
| board's meetings. | 5462 |
| (C) The board shall hold meetings as often as necessary as | 5463 |
| the chairperson or a majority of the members determines. | 5464 |
| (D) The board shall establish procedures for conducting | 5465 |
| meetings and for the election of its chairperson, | 5466 |
| vice-chairperson, and secretary. | 5467 |
| (E) The board shall do all of the following: | 5468 |
| (1) Review the deposits into and expenditures from the | 5469 |
| reclamation forfeiture fund created in section 1513.18 of the | 5470 |
| Revised Code; | 5471 |
| (2) Retain periodically a qualified actuary to perform an | 5472 |
| actuarial study of the reclamation forfeiture fund; | 5473 |
| (3) Based on an actuarial study and as determined necessary | 5474 |
| by the board, adopt rules in accordance with Chapter 119. of the | 5475 |
| Revised Code to adjust the rate of the tax levied under division | 5476 |
| (A)(8) of section 5749.02 of the Revised Code and the balance of | 5477 |
| the reclamation forfeiture fund that pertains to that rate; | 5478 |
| (4) Evaluate any rules, procedures, and methods for | 5479 |
| estimating the cost of reclamation for purposes of determining the | 5480 |
| amount of performance security that is required under section | 5481 |
| 1513.08 of the Revised Code; the collection of forfeited | 5482 |
| performance security; payments to the reclamation forfeiture fund; | 5483 |
| reclamation of sites for which operators have forfeited the | 5484 |
| performance security; and the compliance of operators with their | 5485 |
| reclamation plans; | 5486 |
| (5) Provide a forum for discussion of issues related to the | 5487 |
| reclamation forfeiture fund and the performance security that is | 5488 |
| required under section 1513.08 of the Revised Code; | 5489 |
| (6) Submit a report biennially to the governor that describes | 5490 |
| the financial status of the reclamation forfeiture fund and the | 5491 |
| adequacy of the amount of money in the fund to accomplish the | 5492 |
| purposes of the fund and that may discuss any matter related to | 5493 |
| the performance security that is required under section 1513.08 of | 5494 |
| the Revised Code; | 5495 |
| (7) Make recommendations to the governor, if necessary, of | 5496 |
| alternative methods of providing money for or using money in the | 5497 |
| reclamation forfeiture fund and issues related to the reclamation | 5498 |
| of land or water resources that have been adversely affected by | 5499 |
| past coal mining for which the performance security was forfeited; | 5500 |
| (8) Adopt rules in accordance with Chapter 119. of the | 5501 |
| Revised Code that are necessary to administer this section. | 5502 |
| Sec. 1513.29. There is hereby created the council on | 5503 |
| unreclaimed strip mined lands. Its members are the chief of the | 5504 |
| division of mineral resources management, four persons appointed | 5505 |
| by the director of natural resources, two members of the house of | 5506 |
| representatives appointed by the speaker of the house of | 5507 |
| representatives, one member of the house of representatives | 5508 |
| appointed by the minority leader of the house of representatives, | 5509 |
| two members of the senate appointed by the president of the | 5510 |
| senate, and one member of the senate appointed by the minority | 5511 |
| leader of the senate. | 5512 |
| Members who are members of the general assembly shall serve | 5513 |
| terms of four years or until their legislative terms end, | 5514 |
| whichever is sooner. Members appointed by the director shall serve | 5515 |
| terms of four years, except that the terms of the first four | 5516 |
| members shall be for two and four years, as designated by the | 5517 |
| director. Any vacancy in the office of a member of the council | 5518 |
| shall be filled by the appointing authority for the unexpired term | 5519 |
| of the member whose office will be vacant. The appointing | 5520 |
| authority may at any time remove a member of the council for | 5521 |
| misfeasance, nonfeasance, malfeasance, or conflict of interest in | 5522 |
| office. | 5523 |
| The council shall hold meetings as necessary at the call of | 5524 |
| the chairperson or a majority of the members. The council shall | 5525 |
| annually elect from among its members a chairperson, a | 5526 |
| vice-chairperson, and a secretary to keep a record of its | 5527 |
| proceedings. | 5528 |
| The council shall gather information, study, and make | 5529 |
| recommendations concerning the number of acres, location, | 5530 |
| ownership, condition, environmental damage resulting from the | 5531 |
| condition, cost of acquiring, reclaiming, and possible future uses | 5532 |
| and value of eroded lands within the state, including land | 5533 |
| affected by strip mining for which no cash is held in the | 5534 |
| reclamation forfeiture fund created in section 1513.18 of the | 5535 |
| Revised Code. | 5536 |
| The council may employ such staff and hire such consultants | 5537 |
| as necessary to perform its duties. Members appointed by the | 5538 |
| director and, notwithstanding section 101.26 of the Revised Code, | 5539 |
| members who are members of the general assembly, when engaged in | 5540 |
| their official duties as members of the council, shall be | 5541 |
|
compensated on a per diem basis in accordance with division | 5542 |
| of section 124.15 of the Revised Code. Members shall be reimbursed | 5543 |
| for their necessary expenses. Expenses incurred by the council and | 5544 |
| compensation provided under this section shall be paid by the | 5545 |
| chief from the unreclaimed lands fund created in section 1513.30 | 5546 |
| of the Revised Code. | 5547 |
| The council shall report its findings and recommendations to | 5548 |
| the governor and the general assembly not later than January 1, | 5549 |
| 1974, and biennially thereafter. | 5550 |
| Sec. 1545.071. | 5551 |
| the Revised Code, the board of park commissioners of any park | 5552 |
| district may procure and pay all or any part of the cost of group | 5553 |
| insurance policies that may provide benefits for hospitalization, | 5554 |
| surgical care, major medical care, disability, dental care, eye | 5555 |
| care, medical care, hearing aids, or prescription drugs, or | 5556 |
| sickness and accident insurance or a combination of any of the | 5557 |
| foregoing types of insurance or coverage for park district | 5558 |
| officers and employees and their immediate dependents issued by an | 5559 |
| insurance company duly authorized to do business in this state. | 5560 |
| The board may procure and pay all or any part of the cost of | 5561 |
| group life insurance to insure the lives of park district | 5562 |
| employees. | 5563 |
| The board also may contract for group health care services | 5564 |
| with health insuring corporations holding a certificate of | 5565 |
| authority under Chapter 1751. of the Revised Code provided that | 5566 |
| each officer or employee is permitted to: | 5567 |
| (A) Choose between a plan offered by an insurance company and | 5568 |
| a plan offered by a health insuring corporation and provided | 5569 |
| further that the officer or employee pays any amount by which the | 5570 |
| cost of the plan chosen by the officer or employee exceeds the | 5571 |
| cost of the plan offered by the board under this section; | 5572 |
| (B) Change the choice made under division (A) of this section | 5573 |
| at a time each year as determined in advance by the board. | 5574 |
| Any appointed member of the board of park commissioners and | 5575 |
| the spouse and dependent children of the member may be covered, at | 5576 |
| the option and expense of the member, as a noncompensated employee | 5577 |
| of the park district under any benefit plan described in division | 5578 |
| (A) of this section. The member shall pay to the park district the | 5579 |
| amount certified to it by the benefit provider as the provider's | 5580 |
| charge for the coverage the member has chosen under division (A) | 5581 |
| of this section. Payments for coverage shall be made, in advance, | 5582 |
| in a manner prescribed by the board. The member's exercise of an | 5583 |
| option to be covered under this section shall be in writing, | 5584 |
| announced at a regular public meeting of the board, and recorded | 5585 |
| as a public record in the minutes of the board. | 5586 |
| The board may provide the benefits authorized in this section | 5587 |
| by contributing to a health and welfare trust fund administered | 5588 |
| through or in conjunction with a collective bargaining | 5589 |
| representative of the park district employees in the same manner | 5590 |
| as described in division (G) of section 124.81 of the Revised | 5591 |
| Code. | 5592 |
| The board may provide the benefits described in this section | 5593 |
| through an individual self-insurance program or a joint | 5594 |
| self-insurance program as provided in section 9.833 of the Revised | 5595 |
| Code. | 5596 |
| Sec. 1551.35. (A) There is hereby established a technical | 5597 |
| advisory committee to assist the director of the Ohio coal | 5598 |
| development office in achieving the office's purposes. The | 5599 |
| director shall appoint to the committee one member of the public | 5600 |
| utilities commission and one representative each of coal | 5601 |
| production companies, the united mine workers of America, electric | 5602 |
| utilities, manufacturers that use Ohio coal, and environmental | 5603 |
| organizations, as well as two people with a background in coal | 5604 |
| research and development technology, one of whom is employed at | 5605 |
| the time of the member's appointment by a state university, as | 5606 |
| defined in section 3345.011 of the Revised Code. In addition, the | 5607 |
| committee shall include four legislative members. The speaker and | 5608 |
| minority leader of the house of representatives each shall appoint | 5609 |
| one member of the house of representatives, and the president and | 5610 |
| minority leader of the senate each shall appoint one member of the | 5611 |
| senate, to the committee. The director of environmental protection | 5612 |
| and the director of development shall serve on the committee as ex | 5613 |
| officio members. Any member of the committee may designate in | 5614 |
| writing a substitute to serve in the member's absence on the | 5615 |
| committee. The director of environmental protection may designate | 5616 |
| in writing the chief of the air pollution control division of the | 5617 |
| agency to represent the agency. Members shall serve on the | 5618 |
| committee at the pleasure of their appointing authority. Members | 5619 |
| of the committee appointed by the director of the office and, | 5620 |
| notwithstanding section 101.26 of the Revised Code, legislative | 5621 |
| members of the committee, when engaged in their official duties as | 5622 |
| members of the committee, shall be compensated on a per diem basis | 5623 |
|
in accordance with division | 5624 |
| Revised Code, except that the member of the public utilities | 5625 |
| commission and, while employed by a state university, the member | 5626 |
| with a background in coal research, shall not be so compensated. | 5627 |
| Members shall receive their actual and necessary expenses incurred | 5628 |
| in the performance of their duties. | 5629 |
| (B) The technical advisory committee shall review and make | 5630 |
| recommendations concerning the Ohio coal development agenda | 5631 |
| required under section 1551.34 of the Revised Code, project | 5632 |
| proposals, research and development projects submitted to the | 5633 |
| office by public utilities for the purpose of section 4905.304 of | 5634 |
| the Revised Code, proposals for grants, loans, and loan guarantees | 5635 |
| for purposes of sections 1555.01 to 1555.06 of the Revised Code, | 5636 |
| and such other topics as the director of the office considers | 5637 |
| appropriate. | 5638 |
| (C) The technical advisory committee may hold an executive | 5639 |
| session at any regular or special meeting for the purpose of | 5640 |
| considering research and development project proposals or | 5641 |
| applications for assistance submitted to the Ohio coal development | 5642 |
| office under section 1551.33, or sections 1555.01 to 1555.06, of | 5643 |
| the Revised Code, to the extent that the proposals or applications | 5644 |
| consist of trade secrets or other proprietary information. | 5645 |
| Any materials or data submitted to, made available to, or | 5646 |
| received by the Ohio air quality development authority or the | 5647 |
| director of the Ohio coal development office in connection with | 5648 |
| agreements for assistance entered into under this chapter or | 5649 |
| Chapter 1555. of the Revised Code, or any information taken from | 5650 |
| those materials or data for any purpose, to the extent that the | 5651 |
| materials or data consist of trade secrets or other proprietary | 5652 |
| information, are not public records for the purposes of section | 5653 |
| 149.43 of the Revised Code. | 5654 |
| As used in this division, "trade secrets" has the same | 5655 |
| meaning as in section 1333.61 of the Revised Code. | 5656 |
| Sec. 1707.36. (A) There is hereby created in the division of | 5657 |
| securities a position to be known as attorney-inspector, which | 5658 |
| shall be held only by an attorney at law. The duties of this | 5659 |
| position are to investigate and report upon all complaints and | 5660 |
| alleged violations of this chapter or rules adopted under this | 5661 |
| chapter by the division and to represent the division in | 5662 |
| prosecutions and other matters arising from such complaints and | 5663 |
| alleged violations. | 5664 |
| The office of the attorney-inspector is hereby designated a | 5665 |
| criminal justice agency in investigating reported violations of | 5666 |
| law relating to securities and investment advice, and as such is | 5667 |
| authorized by this state to apply for access to the computerized | 5668 |
| databases administered by the national crime information center or | 5669 |
| the law enforcement automated data system in Ohio, and to other | 5670 |
| computerized databases administered for the purpose of making | 5671 |
| criminal justice information accessible to state criminal justice | 5672 |
| agencies. | 5673 |
| (B) There is hereby created in the division of securities two | 5674 |
| positions to be known as control-bid attorneys, which shall be | 5675 |
| held only by attorneys at law. The duties of these positions are | 5676 |
| to investigate and report upon all matters relating to | 5677 |
| control-bids and related matters and to represent the division in | 5678 |
| the regulatory matters arising under the Ohio control-bid law. | 5679 |
| (C) The attorney-inspector and each control-bid attorney | 5680 |
| shall be paid at a rate not less than pay range 47 set out in | 5681 |
| schedule E-2 prescribed in the version of section 124.152 of the | 5682 |
| Revised Code in effect immediately prior to the effective date of | 5683 |
| this amendment, to be paid as other operating expenses of the | 5684 |
| division. | 5685 |
| Sec. 1707.46. The principal executive officer of the | 5686 |
| division of securities shall be the commissioner of securities, | 5687 |
| who shall be appointed by the director of commerce. The | 5688 |
| commissioner of securities shall enforce all the laws and | 5689 |
| administrative rules enacted or adopted to regulate the sale of | 5690 |
| bonds, stocks, and other securities and to prevent fraud in such | 5691 |
| sales. The commissioner also shall enforce all the laws and | 5692 |
| administrative rules enacted or adopted to regulate investment | 5693 |
| advisers, investment adviser representatives, state retirement | 5694 |
| system investment officers, and the bureau of workers' | 5695 |
| compensation chief investment officer and to prevent fraud in | 5696 |
| their acts, practices, and transactions. | 5697 |
| The commissioner shall be paid at a rate not less than pay | 5698 |
| range 47 set out in schedule E-2 prescribed in the version of | 5699 |
| section 124.152 of the Revised Code in effect immediately prior to | 5700 |
| the effective date of this amendment, to be paid as other | 5701 |
| operating expenses of the division. | 5702 |
| Sec. 3301.03. Each elected voting member of the state board | 5703 |
| of education shall be a qualified elector residing in the | 5704 |
| territory composing the district from which the member is elected, | 5705 |
| and shall be nominated and elected to office as provided by Title | 5706 |
| XXXV of the Revised Code. Each appointed voting member of the | 5707 |
| board shall be a qualified elector residing in the state. At least | 5708 |
| four of the appointed voting members shall represent rural school | 5709 |
| districts in the state, as evidenced by the member's current place | 5710 |
| of residence and at least one of the following: | 5711 |
| (A) The member's children attend, or at one time attended, | 5712 |
| school in a rural district; | 5713 |
| (B) The member's past or present occupation is associated | 5714 |
| with rural areas of the state; | 5715 |
| (C) The member possesses other credentials or experience | 5716 |
| demonstrating knowledge and familiarity with rural school | 5717 |
| districts. | 5718 |
| No elected or appointed voting member of the board shall, | 5719 |
| during the member's term of office, hold any other public position | 5720 |
| of trust or profit or be an employee or officer of any public or | 5721 |
| private elementary or secondary school. Before entering on the | 5722 |
| duties of office, each elected and appointed voting member shall | 5723 |
| subscribe to the official oath of office. | 5724 |
| Each voting member of the state board of education shall be | 5725 |
|
paid a salary fixed pursuant to division | 5726 |
| of the Revised Code, together with the member's actual and | 5727 |
| necessary expenses incurred while engaged in the performance of | 5728 |
| the member's official duties or in the conduct of authorized board | 5729 |
| business, and while en route to and from the member's home for | 5730 |
| such purposes. | 5731 |
| Sec. 3304.12. (A) The governor, with the advice and consent | 5732 |
| of the senate, shall appoint a rehabilitation services commission | 5733 |
| consisting of seven members, no more than four of whom shall be | 5734 |
| members of the same political party and who shall include at least | 5735 |
| three from rehabilitation professions, including at least one | 5736 |
| member from the field of services to the blind, and at least four | 5737 |
| handicapped individuals, no less than two nor more than three of | 5738 |
| whom have received vocational rehabilitation services offered by a | 5739 |
| state vocational rehabilitation agency or the veterans' | 5740 |
| administration. Such handicapped members shall be representative | 5741 |
| of several major categories of handicapped persons served by the | 5742 |
| commission. | 5743 |
| (B) Of the members first appointed to the commission, one | 5744 |
| shall be appointed for a term of seven years, one for a term of | 5745 |
| six years, one for a term of five years, one for a term of four | 5746 |
| years, one for a term of three years, one for a term of two years, | 5747 |
| and one for a term of one year. Thereafter, terms of office shall | 5748 |
| be for seven years, commencing on the ninth day of September and | 5749 |
| ending on the eighth day of September, with no person eligible to | 5750 |
| serve more than two seven-year terms. Each member shall hold | 5751 |
|
office from the date of | 5752 |
|
for which | 5753 |
| fill a vacancy occurring prior to the expiration of the term for | 5754 |
|
which | 5755 |
| for the remainder of such term. Any member shall continue in | 5756 |
|
office subsequent to the expiration date of | 5757 |
|
until | 5758 |
| days has elapsed, whichever occurs first. Members appointed to the | 5759 |
| commission after September 1, 1977, shall be handicapped | 5760 |
| individuals representing those who have received vocational | 5761 |
| rehabilitation services offered by a state vocational | 5762 |
| 5763 | |
| administration until the commission membership includes at least | 5764 |
| four such individuals. Members who fail to perform their duties or | 5765 |
| who are guilty of misconduct may be removed on written charges | 5766 |
| preferred by the governor or by a majority of the commission. | 5767 |
| (C) Members of the commission shall be reimbursed for travel | 5768 |
| and necessary expenses incurred in the conduct of their duties, | 5769 |
|
and shall receive an amount fixed pursuant to division
| 5770 |
| section 124.15 of the Revised Code while actually engaged in | 5771 |
| attendance at meetings or in the performance of their duties. | 5772 |
| Sec. 3306.01. This chapter shall be administered by the | 5773 |
| state board of education. The superintendent of public instruction | 5774 |
| shall calculate the amounts payable to each school district and | 5775 |
| shall certify the amounts payable to each eligible district to the | 5776 |
| treasurer of the district as determined under this chapter. As | 5777 |
| soon as possible after such amounts are calculated, the | 5778 |
| superintendent shall certify to the treasurer of each school | 5779 |
| district the district's adjusted charge-off increase, as defined | 5780 |
| in section 5705.211 of the Revised Code. No moneys shall be | 5781 |
| distributed pursuant to this chapter without the approval of the | 5782 |
| controlling board. | 5783 |
| The state board of education shall, in accordance with | 5784 |
| appropriations made by the general assembly, meet the financial | 5785 |
| obligations of this chapter. | 5786 |
| Annually, the department of education shall calculate and | 5787 |
| report to each school district the district's adequacy amount | 5788 |
| utilizing the calculations in sections 3306.03 and 3306.13 of the | 5789 |
| Revised Code. The department shall calculate and report separately | 5790 |
| for each school district the district's total state and local | 5791 |
| funds for its students with disabilities, utilizing the | 5792 |
| calculations in sections 3306.05, 3306.11, and 3306.13 of the | 5793 |
| Revised Code. The department shall calculate and report separately | 5794 |
| for each school district the amount of funding calculated for each | 5795 |
| factor of the district's adequacy amount. | 5796 |
| Not later than the thirty-first day of August of each fiscal | 5797 |
| year, the department of education shall provide to each school | 5798 |
| district a preliminary estimate of the amount of funding that the | 5799 |
| department calculates the district will receive under section | 5800 |
| 3306.13 of the Revised Code. Not later than the first day of | 5801 |
| December of each fiscal year, the department shall update that | 5802 |
| preliminary estimate. | 5803 |
| Moneys distributed pursuant to this chapter shall be | 5804 |
| calculated and paid on a fiscal year basis, beginning with the | 5805 |
| first day of July and extending through the thirtieth day of June. | 5806 |
| Unless otherwise provided, the moneys appropriated for each fiscal | 5807 |
| year shall be distributed at least monthly to each school | 5808 |
| district. The state board shall submit a yearly distribution plan | 5809 |
| to the controlling board at its first meeting in July. The state | 5810 |
| board shall submit any proposed midyear revision of the plan to | 5811 |
| the controlling board in January. Any year-end revision of the | 5812 |
| plan shall be submitted to the controlling board in June. If | 5813 |
| moneys appropriated for each fiscal year are distributed other | 5814 |
| than monthly, such distribution shall be on the same basis for | 5815 |
| each school district. | 5816 |
| The total amounts paid each month shall constitute, as nearly | 5817 |
| as possible, one-twelfth of the total amount payable for the | 5818 |
| entire year. | 5819 |
| Payments shall be calculated to reflect the reporting of | 5820 |
| formula ADM. Annualized periodic payments for each school district | 5821 |
| shall be based on the district's final student counts verified by | 5822 |
| the superintendent of public instruction based on reports under | 5823 |
| section 3317.03 of the Revised Code, as adjusted, if so ordered, | 5824 |
| under division (K) of that section. | 5825 |
| (A) Except as otherwise provided, payments under this chapter | 5826 |
| shall be made only to those school districts that comply with | 5827 |
| divisions (A)(1) to (3) of this section. | 5828 |
| (1) Each city, exempted village, and local school district | 5829 |
| shall levy for current operating expenses at least twenty mills. | 5830 |
| Levies for joint vocational or cooperative education school | 5831 |
| districts or county school financing districts, limited to or to | 5832 |
| the extent apportioned to current expenses, shall be included in | 5833 |
| this qualification requirement. School district income tax levies | 5834 |
| under Chapter 5748. of the Revised Code, limited to or to the | 5835 |
| extent apportioned to current operating expenses, shall be | 5836 |
| included in this qualification requirement to the extent | 5837 |
| determined by the tax commissioner under division (D) of section | 5838 |
| 3317.021 of the Revised Code. | 5839 |
| (2) Each city, exempted village, local, and joint vocational | 5840 |
| school district, during the school year next preceding the fiscal | 5841 |
| year for which payments are calculated under this chapter, shall | 5842 |
| meet the requirement of section 3313.48 or 3313.481 of the Revised | 5843 |
| Code, with regard to the minimum number of days or hours school | 5844 |
| must be open for instruction with pupils in attendance, for | 5845 |
| individualized parent-teacher conference and reporting periods, | 5846 |
| and for professional meetings of teachers. The superintendent of | 5847 |
| public instruction shall waive a number of days in accordance with | 5848 |
| section 3317.01 of the Revised Code on which it had been necessary | 5849 |
| for a school to be closed because of disease epidemic, hazardous | 5850 |
| weather conditions, inoperability of school buses or other | 5851 |
| equipment necessary to the school's operation, damage to a school | 5852 |
| building, or other temporary circumstances due to utility failure | 5853 |
| rendering the school building unfit for school use. | 5854 |
| A school district shall not be considered to have failed to | 5855 |
| comply with this division or section 3313.481 of the Revised Code | 5856 |
| because schools were open for instruction but either twelfth grade | 5857 |
| students were excused from attendance for up to three days or only | 5858 |
| a portion of the kindergarten students were in attendance for up | 5859 |
| to three days in order to allow for the gradual orientation to | 5860 |
| school of such students. | 5861 |
| The superintendent of public instruction shall waive the | 5862 |
| requirements of this section with reference to the minimum number | 5863 |
| of days or hours a school must be open for instruction with pupils | 5864 |
| in attendance for the school year succeeding the school year in | 5865 |
| which a board of education initiates a plan of operation pursuant | 5866 |
| to section 3313.481 of the Revised Code. The minimum requirements | 5867 |
| of this section shall again be applicable to the district | 5868 |
| beginning with the school year commencing the second July | 5869 |
| succeeding the initiation of the plan, and for each school year | 5870 |
| thereafter. | 5871 |
| A school district shall not be considered to have failed to | 5872 |
| comply with this division or section 3313.48 or 3313.481 of the | 5873 |
| Revised Code because schools were open for instruction but the | 5874 |
| length of the regularly scheduled learning day, for any number of | 5875 |
| days during the school year, was reduced by not more than two | 5876 |
| hours due to hazardous weather conditions. | 5877 |
| (3) Each city, exempted village, local, and joint vocational | 5878 |
|
school district | 5879 |
| 5880 | |
| based upon performance as required under section 3317.13 of the | 5881 |
| Revised Code. | 5882 |
| (B) A school district board of education or educational | 5883 |
| service center governing board that has not conformed with other | 5884 |
| law, and the rules pursuant thereto, shall not participate in the | 5885 |
| distribution of funds authorized by this chapter, except for good | 5886 |
| and sufficient reason established to the satisfaction of the state | 5887 |
| board of education and the state controlling board. | 5888 |
| (C) All funds allocated to school districts under this | 5889 |
| chapter, except those specifically allocated for other purposes, | 5890 |
| shall be used only to pay current operating expenses or for either | 5891 |
| of the following purposes: | 5892 |
| (1) The modification or purchase of classroom space to | 5893 |
| provide all-day kindergarten as required by section 3321.05 of the | 5894 |
| Revised Code, provided the district certifies its shortage of | 5895 |
| space for providing all-day kindergarten to the department of | 5896 |
| education, in a manner specified by the department; | 5897 |
| (2) The modification or purchase of classroom space to reduce | 5898 |
| class sizes in grades kindergarten through three to attain the | 5899 |
| goal of fifteen students per core teacher, provided the district | 5900 |
| certifies its need for additional classroom space to the | 5901 |
| department, in a manner specified by the department. | 5902 |
| (D) On or before the last day of each month, the department | 5903 |
| of education shall certify to the director of budget and | 5904 |
| management for payment, for each county: | 5905 |
| (1)(a) That portion of the allocation of money under section | 5906 |
| 3306.13 of the Revised Code that is required to be paid in that | 5907 |
| month to each school district located wholly within the county | 5908 |
| subsequent to the deductions described in division (D)(1)(b) of | 5909 |
| this section; | 5910 |
| (b) The amounts deducted from such allocation under sections | 5911 |
| 3307.31 and 3309.51 of the Revised Code for payment directly to | 5912 |
| the school employees and state teachers retirement systems under | 5913 |
| such sections. | 5914 |
| (2) If the district is located in more than one county, an | 5915 |
| apportionment of the amounts that would otherwise be certified | 5916 |
| under division (D)(1) of this section. The amounts apportioned to | 5917 |
| the county shall equal the amounts certified under division (D)(1) | 5918 |
| of this section times the percentage of the district's resident | 5919 |
| pupils who reside both in the district and in the county, based on | 5920 |
| the average daily membership reported under division (A) of | 5921 |
| section 3317.03 of the Revised Code in October of the prior fiscal | 5922 |
| year. | 5923 |
| Sec. 3307.27. The contributions required under section | 5924 |
| 3307.26 of the Revised Code shall not be made by an employer on a | 5925 |
| teacher's behalf, but may be treated as paid by the employer in | 5926 |
| accordance with division (h) of section 414 of the "Internal | 5927 |
| Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 414(h), as | 5928 |
| amended. | 5929 |
| Sec. 3307.77. (A) As used in this section, "employer" means | 5930 |
| the employer employing a member of the state teachers retirement | 5931 |
| system at the time the member commences an absence, or is granted | 5932 |
| a leave described in this section. | 5933 |
| (B) Any member of the state teachers retirement system | 5934 |
| participating in the plan described in sections 3307.50 to 3307.79 | 5935 |
| of the Revised Code who is, or has been, prevented from making | 5936 |
| contributions under section 3307.26 of the Revised Code because of | 5937 |
| an absence due to the member's own illness or injury, or who is, | 5938 |
| or has been, granted a leave for educational, professional, or | 5939 |
|
other purposes pursuant to section 3319.13, | 5940 |
| 3345.28 of the Revised Code or for any other reason approved by | 5941 |
| the state teachers retirement board, may purchase service credit, | 5942 |
| not to exceed two years for each such period of absence or leave, | 5943 |
| either by having deductions made in accordance with division (C) | 5944 |
| of this section or by making the payment required by division (D) | 5945 |
| or (E) of this section. | 5946 |
| (C) If the absence or leave begins and ends in the same year, | 5947 |
| the member may purchase credit for the absence or leave by having | 5948 |
| the employer deduct and transmit to the system from payrolls in | 5949 |
| that year employee contributions on the amount certified by the | 5950 |
| employer as the compensation the member would have received had | 5951 |
| the member remained employed in the position held when the absence | 5952 |
| or leave commenced. The deductions may be made even though the | 5953 |
| minimum compensation provided by law for the member is reduced | 5954 |
| thereby, unless the amount to be deducted exceeds the compensation | 5955 |
| to be paid the member from the time deductions begin until the end | 5956 |
| of the year, in which case credit may not be purchased under this | 5957 |
| division. The employer shall pay the system the employer | 5958 |
| contributions on the compensation amount certified under this | 5959 |
| division. Employee and employer contributions shall be made at the | 5960 |
| rates in effect at the time the absence or leave occurred. If the | 5961 |
| employee or employer rates in effect change during the absence or | 5962 |
| leave, the contributions for each month of the absence or leave | 5963 |
| shall be made at the rate in effect for that month. | 5964 |
| (D) During or following the absence or leave, but no later | 5965 |
| than two years following the last day of the year in which the | 5966 |
| absence or leave terminates, a member may purchase credit for the | 5967 |
| absence or leave by paying to the employer, and the employer | 5968 |
| transmitting to the system, employee contributions on the amount | 5969 |
| certified by the employer as the compensation the member would | 5970 |
| have received had the member remained employed in the position | 5971 |
| held when the absence or leave commenced. The employer shall pay | 5972 |
| the system the employer contributions on the compensation amount | 5973 |
| certified under this division. Employee and employer contributions | 5974 |
| shall be made at the rates in effect at the time the absence or | 5975 |
| leave occurred. If the employee or employer rates in effect change | 5976 |
| during the absence or leave, the contributions for each month of | 5977 |
| an absence or leave shall be made at the rate in effect for that | 5978 |
| month. | 5979 |
| (E) After two years following the last day of the year in | 5980 |
| which an absence or leave terminated, a member may purchase credit | 5981 |
| for the absence or leave by paying the employer, and the employer | 5982 |
| transmitting to the system, the sum of the following for each year | 5983 |
| of credit purchased: | 5984 |
| (1) An amount determined by multiplying the employee rate of | 5985 |
| contribution in effect at the time the absence or leave commenced | 5986 |
| by the member's annual compensation for the member's last full | 5987 |
| year of service prior to the commencement of the absence or leave, | 5988 |
| or, if the member has not had a full year of service, the | 5989 |
| compensation the member would have received for the year the | 5990 |
| absence or leave commenced had the member continued in service for | 5991 |
| a full year; | 5992 |
| (2) Interest compounded annually, at a rate determined by the | 5993 |
| board, on the amount determined under division (E)(1) of this | 5994 |
| section for the period commencing two years following the last day | 5995 |
| of the year in which the absence or leave terminated and ending on | 5996 |
| the date of payment; | 5997 |
| (3) Interest compounded annually, at a rate determined by the | 5998 |
| board, on an amount equal to the employer's contribution required | 5999 |
| by this division for the period commencing two years following the | 6000 |
| last day of the year in which the absence or leave terminated and | 6001 |
| ending on the date of payment. | 6002 |
| The employer shall pay to the system for each year of credit | 6003 |
| purchased under this division an amount determined by multiplying | 6004 |
| the employer contribution rate in effect at the time the absence | 6005 |
| or leave commenced by the member's annual compensation for the | 6006 |
| member's last full year of service prior to the commencement of | 6007 |
| the absence or leave, or, if the member has not had a full year of | 6008 |
| service, the compensation the member would have received for the | 6009 |
| year the absence or leave commenced had the member continued in | 6010 |
| service for a full year. | 6011 |
| (F) A member who chooses to purchase service credit under | 6012 |
| division (D) or (E) of this section may choose to purchase only | 6013 |
| part of the credit for which the member is eligible in any one | 6014 |
| payment, but payments made more than two years following the last | 6015 |
| day of the year in which the absence or leave terminated shall be | 6016 |
| made in accordance with division (E) of this section. | 6017 |
| (G) The state teachers retirement board may adopt rules to | 6018 |
| implement this section. | 6019 |
| Sec. 3309.47. Each school employees retirement system | 6020 |
| contributor shall contribute eight per cent of the contributor's | 6021 |
| compensation to the employees' savings fund, except that the | 6022 |
| school employees retirement board may raise the contribution rate | 6023 |
| to a rate not greater than ten per cent of compensation. | 6024 |
| The contributions required under this section shall not be | 6025 |
| paid by an employer on a contributor's behalf, but may be treated | 6026 |
| as employer contributions for purposes of state and federal income | 6027 |
| tax deferred income provisions. | 6028 |
| The contributions by the direction of the school employees | 6029 |
| retirement board shall be deducted by the employer from the | 6030 |
| compensation of each contributor on each payroll of such | 6031 |
| contributor for each payroll period and shall be an amount equal | 6032 |
| to the required per cent of such contributor's compensation. On a | 6033 |
| finding by the board that an employer has failed or refused to | 6034 |
| deduct contributions for any employee during any year and to | 6035 |
| transmit such amounts to the retirement system, the retirement | 6036 |
| board may make a determination of the amount of the delinquent | 6037 |
| contributions, including interest at a rate set by the retirement | 6038 |
| board, from the end of each year, and certify to the employer the | 6039 |
| amounts for collection. If the amount is not paid by the employer, | 6040 |
| it may be certified for collection in the same manner as payments | 6041 |
| due the employers' trust fund. Any amounts so collected shall be | 6042 |
| held in trust pending receipt of a report of contributions for the | 6043 |
| employee for the period involved as provided by law and, | 6044 |
| thereafter, the amount in trust shall be transferred to the | 6045 |
| employee's savings fund to the credit of the employee. Any amount | 6046 |
| remaining after the transfer to the employees' savings fund shall | 6047 |
| be transferred to the employers' trust fund as a credit of the | 6048 |
| employer. | 6049 |
| Any contributor under contract who, because of illness, | 6050 |
| accident, or other reason approved by the employer, is prevented | 6051 |
| from making the contributor's contribution to the system for any | 6052 |
| payroll period, may, upon returning to contributing service, have | 6053 |
| such deductions made from other payrolls during the year, or may | 6054 |
| pay such amount to the employer and the employer shall transmit | 6055 |
| such deductions to the system. The deductions shall be made | 6056 |
| notwithstanding that the minimum compensation for any contributor | 6057 |
| shall be reduced thereby. Every contributor shall be deemed to | 6058 |
| consent and agree to the contributions made and provided for in | 6059 |
| this section and shall receipt in full for the contributor's | 6060 |
| salary or compensation, and payment, less the contributions, is a | 6061 |
| full and complete discharge and acquittance of all claims and | 6062 |
| demands whatsoever for the services rendered by the person during | 6063 |
| the period covered by the payment. | 6064 |
| Each contributor shall pay with the first payment to the | 6065 |
| employees' savings fund each year a sum to be determined by the | 6066 |
| board, as provided by law, which amount shall be credited to the | 6067 |
| expense fund. The payments for the expense fund shall be made to | 6068 |
| the board in the same way as payments to the employees' savings | 6069 |
| fund are made. | 6070 |
| Additional deposits may be made to a member's account. At | 6071 |
| retirement, the amount deposited with interest may be used to | 6072 |
| provide additional annuity income. The additional deposits may be | 6073 |
| refunded to the member before retirement, and shall be refunded if | 6074 |
| the member withdraws the member's refundable amount. The deposits | 6075 |
| may be refunded to the beneficiary or estate if the member dies | 6076 |
| before retirement, and the board shall determine whether regular | 6077 |
| interest shall be credited to deposits thus refunded. | 6078 |
| Sec. 3311.19. (A) The management and control of a joint | 6079 |
| vocational school district shall be vested in the joint vocational | 6080 |
| school district board of education. Where a joint vocational | 6081 |
| school district is composed only of two or more local school | 6082 |
| districts located in one county, or when all the participating | 6083 |
| districts are in one county and the boards of such participating | 6084 |
| districts so choose, the educational service center governing | 6085 |
| board of the county in which the joint vocational school district | 6086 |
| is located shall serve as the joint vocational school district | 6087 |
| board of education. Where a joint vocational school district is | 6088 |
| composed of local school districts of more than one county, or of | 6089 |
| any combination of city, local, or exempted village school | 6090 |
| districts or educational service centers, unless administration by | 6091 |
| the educational service center governing board has been chosen by | 6092 |
| all the participating districts in one county pursuant to this | 6093 |
| section, the board of education of the joint vocational school | 6094 |
| district shall be composed of one or more persons who are members | 6095 |
| of the boards of education from each of the city or exempted | 6096 |
| village school districts or members of the educational service | 6097 |
| centers' governing boards affected to be appointed by the boards | 6098 |
| of education or governing boards of such school districts and | 6099 |
| educational service centers. In such joint vocational school | 6100 |
| districts the number and terms of members of the joint vocational | 6101 |
| school district board of education and the allocation of a given | 6102 |
| number of members to each of the city and exempted village | 6103 |
| districts and educational service centers shall be determined in | 6104 |
| the plan for such district, provided that each such joint | 6105 |
| vocational school district board of education shall be composed of | 6106 |
| an odd number of members. | 6107 |
| (B) Notwithstanding division (A) of this section, a governing | 6108 |
| board of an educational service center that has members of its | 6109 |
| governing board serving on a joint vocational school district | 6110 |
| board of education may make a request to the joint vocational | 6111 |
| district board that the joint vocational school district plan be | 6112 |
| revised to provide for one or more members of boards of education | 6113 |
| of local school districts that are within the territory of the | 6114 |
| educational service district and within the joint vocational | 6115 |
| school district to serve in the place of or in addition to its | 6116 |
| educational service center governing board members. If agreement | 6117 |
| is obtained among a majority of the boards of education and | 6118 |
| governing boards that have a member serving on the joint | 6119 |
| vocational school district board of education and among a majority | 6120 |
| of the local school district boards of education included in the | 6121 |
| district and located within the territory of the educational | 6122 |
| service center whose board requests the substitution or addition, | 6123 |
| the state board of education may revise the joint vocational | 6124 |
| school district plan to conform with such agreement. | 6125 |
| (C) If the board of education of any school district or | 6126 |
| educational service center governing board included within a joint | 6127 |
| vocational district that has had its board or governing board | 6128 |
| membership revised under division (B) of this section requests the | 6129 |
| joint vocational school district board to submit to the state | 6130 |
| board of education a revised plan under which one or more joint | 6131 |
| vocational board members chosen in accordance with a plan revised | 6132 |
| under such division would again be chosen in the manner prescribed | 6133 |
| by division (A) of this section, the joint vocational board shall | 6134 |
| submit the revised plan to the state board of education, provided | 6135 |
| the plan is agreed to by a majority of the boards of education | 6136 |
| represented on the joint vocational board, a majority of the local | 6137 |
| school district boards included within the joint vocational | 6138 |
| district, and each educational service center governing board | 6139 |
| affected by such plan. The state board of education may revise the | 6140 |
| joint vocational school district plan to conform with the revised | 6141 |
| plan. | 6142 |
| (D) The vocational schools in such joint vocational school | 6143 |
| district shall be available to all youth of school age within the | 6144 |
| joint vocational school district subject to the rules adopted by | 6145 |
| the joint vocational school district board of education in regard | 6146 |
| to the standards requisite to admission. A joint vocational school | 6147 |
| district board of education shall have the same powers, duties, | 6148 |
| and authority for the management and operation of such joint | 6149 |
| vocational school district as is granted by law, except by this | 6150 |
| chapter and Chapters 124., 3306., 3317., 3323., and 3331. of the | 6151 |
| Revised Code, to a board of education of a city school district, | 6152 |
| and shall be subject to all the provisions of law that apply to a | 6153 |
| city school district, except such provisions in this chapter and | 6154 |
| Chapters 124., 3306., 3317., 3323., and 3331. of the Revised Code. | 6155 |
| (E) Where a governing board of an educational service center | 6156 |
| has been designated to serve as the joint vocational school | 6157 |
| district board of education, the educational service center | 6158 |
| superintendent shall be the executive officer for the joint | 6159 |
| vocational school district, and the governing board may provide | 6160 |
| for additional compensation to be paid to the educational service | 6161 |
| center superintendent by the joint vocational school district, but | 6162 |
| the educational service center superintendent shall have no | 6163 |
| continuing tenure other than that of educational service center | 6164 |
| superintendent. The superintendent of schools of a joint | 6165 |
| vocational school district shall exercise the duties and authority | 6166 |
| vested by law in a superintendent of schools pertaining to the | 6167 |
| operation of a school district and the employment and supervision | 6168 |
| of its personnel. The joint vocational school district board of | 6169 |
| education shall appoint a treasurer of the joint vocational school | 6170 |
| district who shall be the fiscal officer for such district and who | 6171 |
| shall have all the powers, duties, and authority vested by law in | 6172 |
| a treasurer of a board of education. Where a governing board of an | 6173 |
| educational service center has been designated to serve as the | 6174 |
| joint vocational school district board of education, such board | 6175 |
| may appoint the educational service center superintendent as the | 6176 |
| treasurer of the joint vocational school district. | 6177 |
| (F) Each member of a joint vocational school district board | 6178 |
| of education may be paid such compensation as the board provides | 6179 |
| by resolution, but it shall not exceed one hundred twenty-five | 6180 |
| dollars per member for each meeting attended plus mileage, at the | 6181 |
| rate per mile provided by resolution of the board, to and from | 6182 |
| meetings of the board. | 6183 |
| The board may provide by resolution for the deduction of | 6184 |
| amounts payable for benefits under division (C) of section | 6185 |
| 3313.202 of the Revised Code. | 6186 |
| Each member of a joint vocational school district board may | 6187 |
| be paid such compensation as the board provides by resolution for | 6188 |
| attendance at an approved training program, provided that such | 6189 |
| compensation shall not exceed sixty dollars per day for attendance | 6190 |
| at a training program three hours or fewer in length and one | 6191 |
| hundred twenty-five dollars a day for attendance at a training | 6192 |
| program longer than three hours in length. However, no board | 6193 |
| member shall be compensated for the same training program under | 6194 |
| this section and section 3313.12 of the Revised Code. | 6195 |
| Sec. 3313.12. Each member of the educational service center | 6196 |
| governing board may be paid such compensation as the governing | 6197 |
| board provides by resolution, provided that any such compensation | 6198 |
| shall not exceed one hundred twenty-five dollars a day plus | 6199 |
| mileage both ways, at the rate per mile provided by resolution of | 6200 |
| the governing board, for attendance at any meeting of the board. | 6201 |
| Such compensation and the expenses of the educational service | 6202 |
| center superintendent, itemized and verified, shall be paid from | 6203 |
| the educational service center governing board fund upon vouchers | 6204 |
| signed by the president of the governing board. | 6205 |
| The board of education of any city, local, or exempted | 6206 |
| village school district may provide by resolution for compensation | 6207 |
| of its members, provided that such compensation shall not exceed | 6208 |
| one hundred twenty-five dollars per member for meetings attended. | 6209 |
| The board may provide by resolution for the deduction of amounts | 6210 |
| payable for benefits under division (C) of section 3313.202 of the | 6211 |
| Revised Code. | 6212 |
| Each member of a district board or educational service center | 6213 |
| governing board may be paid such compensation as the respective | 6214 |
| board provides by resolution for attendance at an approved | 6215 |
| training program, provided that such compensation shall not exceed | 6216 |
| sixty dollars a day for attendance at a training program three | 6217 |
| hours or fewer in length and one hundred twenty-five dollars a day | 6218 |
| for attendance at a training program longer than three hours in | 6219 |
| length. | 6220 |
| Sec. 3313.202. (A) As used in this section: | 6221 |
| (1) "Health care plan" means any of the following types of | 6222 |
| insurance or coverage, or a combination of any of the following | 6223 |
| types of insurance or coverage, whether issued by an insurance | 6224 |
| company or a health insuring corporation duly licensed by this | 6225 |
| state: | 6226 |
| (a) Hospitalization, surgical care, or major medical | 6227 |
| insurance; | 6228 |
| (b) Sickness and accident insurance; | 6229 |
| (c) Disability insurance; | 6230 |
| (d) Dental care; | 6231 |
| (e) Vision care; | 6232 |
| (f) Medical care; | 6233 |
| (g) Hearing aids; | 6234 |
| (h) Prescription drugs. | 6235 |
| (2) "Nonteaching employee" means any person employed in the | 6236 |
| public schools of the state in a position for which the person is | 6237 |
| not required to have a certificate or license issued pursuant to | 6238 |
| sections 3319.22 to 3319.31 of the Revised Code. | 6239 |
| (3) "Teaching employee" means any person employed in the | 6240 |
| public schools of this state in a position for which the person is | 6241 |
| required to have a certificate or license issued pursuant to | 6242 |
| sections 3319.22 to 3319.31 of the Revised Code. | 6243 |
| (B)(1) The board of education of a school district may | 6244 |
| procure and pay up to eighty-five per cent of the cost of a health | 6245 |
| care plan for any of the following: | 6246 |
| (a) The teaching employees of the school district; | 6247 |
| (b) The nonteaching employees of the school district; | 6248 |
| (c) The dependent children and spouses of employees for whom | 6249 |
| coverage is procured. | 6250 |
| (2) Any health care plan that a board of education procures | 6251 |
| under division (B)(1) of this section shall include best practices | 6252 |
| prescribed by the school employees health care board under section | 6253 |
| 9.901 of the Revised Code. | 6254 |
| (3) The benefits provided to a management level employee, as | 6255 |
| defined in section 4117.01 of the Revised Code, under a health | 6256 |
| care plan that the board procures under this section shall be the | 6257 |
| same as any benefits provided to other employees of the board | 6258 |
| under a health care plan that the board procures under this | 6259 |
| section. | 6260 |
| (4) A board of education shall continue to carry, on payroll | 6261 |
| records, all school employees whose sick leave accumulation has | 6262 |
| expired, or who are on a disability leave of absence or an | 6263 |
| approved leave of absence, for the purpose of group term life, | 6264 |
| hospitalization, surgical, major medical, or any other insurance. | 6265 |
| A board of education may pay all or part of such coverage except | 6266 |
| when those employees are on an approved leave of absence, or on a | 6267 |
| disability leave of absence for a period exceeding two years. | 6268 |
| (C) Any elected or appointed member of the board of education | 6269 |
| of a school district and the dependent children and spouse of the | 6270 |
| member may be covered, at the option of the member, as an employee | 6271 |
|
of the school district under any health care plan | 6272 |
| 6273 | |
| adopted under this section | 6274 |
| of the benefits shall certify to the board the provider's charge | 6275 |
| for coverage under each option available to employees under that | 6276 |
|
plan, and the member shall pay | 6277 |
| the amount certified for that coverage. Payments for such coverage | 6278 |
|
shall be made, in advance, in a manner prescribed by the | 6279 |
| 6280 | |
| be covered under this section shall be in writing, announced at a | 6281 |
|
regular public meeting of the board | 6282 |
| a public record in the minutes of the board. | 6283 |
| Sec. 3313.23. If a treasurer of a board of education is | 6284 |
| absent from any meeting of the board the members present shall | 6285 |
|
choose one of their number to serve in | 6286 |
| pro tempore. | 6287 |
| If a board of education determines the treasurer is | 6288 |
|
incapacitated in such a manner that | 6289 |
| perform the duties of the office of treasurer, the board may, by a | 6290 |
| majority vote of the members of the board, appoint a person to | 6291 |
|
serve in
| 6292 |
| education shall adopt a written policy establishing standards for | 6293 |
| determining whether the treasurer is incapacitated, and shall | 6294 |
| provide that during any period in which the treasurer is | 6295 |
|
incapacitated, | 6296 |
| leave of absence and may be returned to active duty status from | 6297 |
| sick leave or leave of absence. The board shall award leave | 6298 |
| pursuant to this written policy in accordance with the general | 6299 |
| leave policy the board adopts pursuant to section 3319.141 of the | 6300 |
| Revised Code. The treasurer may request a hearing before the board | 6301 |
|
on any action taken under this section | 6302 |
| rights in any such hearing as are afforded to a teacher in a board | 6303 |
| hearing under section 3319.16 of the Revised Code. The treasurer | 6304 |
| pro tempore shall perform all of the duties and functions of the | 6305 |
| treasurer, and shall serve until the treasurer's incapacity is | 6306 |
| removed as determined by a majority vote of the members of the | 6307 |
| board or until the expiration of the treasurer's contract or term | 6308 |
| of office, whichever is sooner. The treasurer pro tempore may be | 6309 |
| removed at any time for cause by a two-thirds vote of the members | 6310 |
| of the board. The board shall fix the compensation of the | 6311 |
| treasurer pro tempore in accordance with section 3313.24 of the | 6312 |
| Revised Code, and shall require the treasurer pro tempore to | 6313 |
|
execute a bond immediately after | 6314 |
| with section 3313.25 of the Revised Code. If a treasurer is a | 6315 |
|
member of the board, | 6316 |
|
related to | 6317 |
| Sec. 3313.24. (A) At the time of the appointment or | 6318 |
| designation of the term of office of the treasurer, subject to | 6319 |
| division (B) of this section, the board of education of each | 6320 |
| local, exempted village, or city school district shall fix the | 6321 |
| compensation of its treasurer, which shall be paid from the | 6322 |
| general fund of the district. No order for payment of the salary | 6323 |
| of the treasurer of a local, exempted village, or city school | 6324 |
| district, other than an island school district, shall be drawn | 6325 |
| until the treasurer presents to the district board evidence that | 6326 |
| the treasurer either holds a valid license issued under section | 6327 |
| 3301.074 of the Revised Code or is an otherwise qualified | 6328 |
| treasurer, as defined in division (B) of section 3313.22 of the | 6329 |
| Revised Code. | 6330 |
| A governing board of an educational service center which | 6331 |
| chooses to act as the governing board of the educational service | 6332 |
| center pursuant to division (D) of section 135.01 of the Revised | 6333 |
| Code shall fix the compensation of its treasurer and pay its | 6334 |
| treasurer in the manner prescribed in the section for local, | 6335 |
| exempted village, and city school districts. | 6336 |
| (B) The compensation of the treasurer may be increased or | 6337 |
| decreased during the treasurer's term of office, provided any | 6338 |
| decrease is a part of a uniform plan affecting salaries of all | 6339 |
| employees of the district. | 6340 |
| (C) The board may establish vacation leave for its treasurer | 6341 |
| in accordance with the general leave policy the board adopts | 6342 |
| pursuant to section 3319.141 of the Revised Code. Upon the | 6343 |
| treasurer's separation from employment, the board may provide | 6344 |
| compensation at the treasurer's current rate of pay for all | 6345 |
| lawfully accrued and unused vacation leave to the treasurer's | 6346 |
| credit at the time of separation, not to exceed the amount accrued | 6347 |
| during the three years before the date of separation. In case of | 6348 |
| the death of a treasurer, unused vacation leave that the board | 6349 |
| would have paid to the treasurer upon separation shall be paid in | 6350 |
| accordance with section 2113.04 of the Revised Code or to the | 6351 |
| treasurer's estate. | 6352 |
| Sec. 3313.33. (A) Conveyances made by a board of education | 6353 |
| shall be executed by the president and treasurer thereof. | 6354 |
| (B) Except as provided in division (C) of this section, no | 6355 |
| member of the board shall have, directly or indirectly, any | 6356 |
| pecuniary interest in any contract of the board or be employed in | 6357 |
| any manner for compensation by the board of which the person is a | 6358 |
| member. No contract shall be binding upon any board unless it is | 6359 |
| made or authorized at a regular or special meeting of such board. | 6360 |
| (C) A member of the board may have a pecuniary interest in a | 6361 |
| contract of the board if all of the following apply: | 6362 |
| (1) The member's pecuniary interest in that contract is that | 6363 |
| the member is employed by a political subdivision, | 6364 |
| instrumentality, or agency of the state that is contracting with | 6365 |
| the board; | 6366 |
| (2) The member does not participate in any discussion or | 6367 |
| debate regarding the contract or vote on the contract; | 6368 |
| (3) The member files with the school district treasurer an | 6369 |
| affidavit stating the member's exact employment status with the | 6370 |
| political subdivision, instrumentality, or agency contracting with | 6371 |
| the board. | 6372 |
| (D) This section does not apply where a member of the board, | 6373 |
| being a shareholder of a corporation but not being an officer or | 6374 |
| director thereof, owns not in excess of five per cent of the stock | 6375 |
| of such corporation. If a stockholder desires to avail self of the | 6376 |
| exception, before entering upon such contract such person shall | 6377 |
| first file with the treasurer an affidavit stating the | 6378 |
| stockholder's exact status and connection with said corporation. | 6379 |
| This section does not apply where a member of the board | 6380 |
| elects to be covered by a health care plan under division (C) of | 6381 |
| section 3313.202 of the Revised Code. | 6382 |
| Sec. 3313.42. (A) When in the judgment of a board of | 6383 |
| education of any school district in this state, lying adjacent to | 6384 |
| a school district of another state, the best interests of the | 6385 |
| public schools can be promoted by purchasing school grounds, | 6386 |
| repairing or erecting a schoolhouse, and maintaining them jointly | 6387 |
| between the two adjacent school districts, the board of education | 6388 |
| of the school district of this state so situated may enter into an | 6389 |
| agreement with the school authorities of said adjacent school | 6390 |
| district for the purpose of purchasing school grounds, repairing | 6391 |
| or constructing a school building, purchasing school furniture, | 6392 |
| equipment, appliances, fuel, employing teachers, and maintaining a | 6393 |
| school. The board of education of this state may levy taxes and | 6394 |
| perform such other duties in maintaining such joint school as are | 6395 |
| otherwise provided by law for maintaining the public schools in | 6396 |
| this state. | 6397 |
| In carrying out this section the school district shall pay | 6398 |
| such proportion of the cost of purchasing school grounds, | 6399 |
| repairing or erecting a building, and in maintaining the joint | 6400 |
| school as is equitable and just in the judgment of the board of | 6401 |
| education and trustees of the two adjacent school districts. | 6402 |
| (B) | 6403 |
| 6404 | |
| 6405 | |
| 6406 | |
| 6407 | |
| 6408 | |
| 6409 |
| | 6410 |
| the Revised Code, the board of education of a local school | 6411 |
| district that has entered into an agreement with an adjacent | 6412 |
| school district in another state under division (A) of this | 6413 |
| section may contract with the educational service center within | 6414 |
| which the local school district is located for the service center | 6415 |
| to provide any administrative services specified in the agreement | 6416 |
| to the local school district and the adjacent district. If such an | 6417 |
| agreement provides for the duties of a district treasurer, | 6418 |
| superintendent, or principals to be performed by the service | 6419 |
| center, the local school district is not required to employ | 6420 |
| persons to perform such duties. | 6421 |
| Sec. 3314.10. (A)(1) The governing authority of any | 6422 |
| community school established under this chapter may employ | 6423 |
| teachers and nonteaching employees necessary to carry out its | 6424 |
| mission and fulfill its contract. | 6425 |
| (2) | 6426 |
| 6427 | |
| 6428 | |
| 6429 | |
| 6430 | |
| 6431 | |
| 6432 | |
| 6433 |
| | 6434 |
| existing public school rather than by establishment of a new | 6435 |
| start-up school, at the time of conversion, the employees of the | 6436 |
| community school shall remain part of any collective bargaining | 6437 |
| unit in which they were included immediately prior to the | 6438 |
| conversion and shall remain subject to any collective bargaining | 6439 |
| agreement for that unit in effect on the first day of July of the | 6440 |
| year in which the community school initially begins operation and | 6441 |
| shall be subject to any subsequent collective bargaining agreement | 6442 |
| for that unit, unless a petition is certified as sufficient under | 6443 |
|
division (A) | 6444 |
| or the governing authority of the community school submits a | 6445 |
| statement to the state employment relations board under division | 6446 |
| (A)(3) of this section. Any new employees of the community school | 6447 |
| shall also be included in the unit to which they would have been | 6448 |
| assigned had not the conversion taken place and shall be subject | 6449 |
| to the collective bargaining agreement for that unit unless a | 6450 |
|
petition is certified as sufficient under division (A) | 6451 |
| this section with regard to those employees or the governing | 6452 |
| authority of the community school submits a statement to the state | 6453 |
| employment relations board under division (A)(3) of this section. | 6454 |
| Notwithstanding division (B) of section 4117.01 of the | 6455 |
| Revised Code, the board of education of a school district and not | 6456 |
| the governing authority of a community school shall be regarded, | 6457 |
| for purposes of Chapter 4117. of the Revised Code, as the "public | 6458 |
| employer" of the employees of a conversion community school | 6459 |
| subject to a collective bargaining agreement pursuant to division | 6460 |
|
(A) | 6461 |
| 6462 | |
| 6463 | |
| 6464 | |
| 6465 | |
| 6466 | |
| 6467 | |
| 6468 |
| | 6469 |
| Revised Code and Section 4 of Amended Substitute Senate Bill No. | 6470 |
| 133 of the 115th general assembly, the employees of a conversion | 6471 |
| community school who are subject to a collective bargaining | 6472 |
|
agreement pursuant to division (A) | 6473 |
|
cease to be subject to | 6474 |
| agreements pursuant to that division and shall cease to be part of | 6475 |
|
the collective bargaining unit that is subject to | 6476 |
|
subsequent agreements, if | 6477 |
|
governing authority of that community school | 6478 |
| 6479 | |
|
the state employment relations board a
| 6480 |
|
requesting | 6481 |
| | 6482 |
| are subject to that agreement be removed from the bargaining unit | 6483 |
|
that is subject to that agreement | 6484 |
| 6485 | |
| 6486 |
| | 6487 |
| 6488 | |
| 6489 | |
| 6490 | |
| 6491 |
| | 6492 |
| 6493 | |
| 6494 |
| | 6495 |
| Revised Code and Section 4 of Amended Substitute Senate Bill No. | 6496 |
| 133 of the 115th general assembly, the employees of a conversion | 6497 |
| community school who are subject to a collective bargaining | 6498 |
|
agreement pursuant to division (A) | 6499 |
| cease to be subject to that agreement and all subsequent | 6500 |
| agreements pursuant to that division, shall cease to be part of | 6501 |
| the collective bargaining unit that is subject to that and all | 6502 |
| subsequent agreements, and shall cease to be represented by any | 6503 |
| exclusive representative of that collective bargaining unit, if a | 6504 |
| majority of the employees of the community school who are subject | 6505 |
| to that collective bargaining agreement sign and submit to the | 6506 |
| state employment relations board a petition requesting all of the | 6507 |
| following: | 6508 |
| (a) That all the employees of the community school who are | 6509 |
| subject to that agreement be removed from the bargaining unit that | 6510 |
| is subject to that agreement; | 6511 |
| (b) That any employee organization certified as the exclusive | 6512 |
| representative of the employees of that bargaining unit be | 6513 |
| decertified as the exclusive representative of the employees of | 6514 |
|
the community school who are subject to that agreement | 6515 |
| | 6516 |
| 6517 | |
| 6518 |
| | 6519 |
| 6520 | |
| check the sufficiency of the signatures on the petition. If the | 6521 |
| signatures are found sufficient, the board shall certify the | 6522 |
| sufficiency of the petition and so notify the parties involved, | 6523 |
| including the board of education, the governing authority of the | 6524 |
| community school, and any exclusive representative of the | 6525 |
| bargaining unit. The changes requested in a certified petition | 6526 |
| shall take effect on the first day of the month immediately | 6527 |
| following the date on which the sufficiency of the petition is | 6528 |
|
certified under division (A) | 6529 |
| (B)(1) The board of education of each city, local, and | 6530 |
| exempted village school district sponsoring a community school and | 6531 |
| the governing board of each educational service center in which a | 6532 |
| community school is located shall adopt a policy that provides a | 6533 |
| leave of absence of at least three years to each teacher or | 6534 |
| nonteaching employee of the district or service center who is | 6535 |
| employed by a conversion or new start-up community school | 6536 |
| sponsored by the district or located in the district or center for | 6537 |
| the period during which the teacher or employee is continuously | 6538 |
| employed by the community school. The policy shall also provide | 6539 |
| that any teacher or nonteaching employee may return to employment | 6540 |
| by the district or service center if the teacher or employee | 6541 |
| leaves or is discharged from employment with the community school | 6542 |
| for any reason, unless, in the case of a teacher, the board of the | 6543 |
| district or service center determines that the teacher was | 6544 |
| discharged for a reason for which the board would have sought to | 6545 |
| discharge the teacher under section 3319.16 of the Revised Code, | 6546 |
| in which case the board may proceed to discharge the teacher | 6547 |
| utilizing the procedures of that section. Upon termination of such | 6548 |
| a leave of absence, any seniority that is applicable to the person | 6549 |
| shall be calculated to include all of the following: all | 6550 |
| employment by the district or service center prior to the leave of | 6551 |
| absence; all employment by the community school during the leave | 6552 |
| of absence; and all employment by the district or service center | 6553 |
| after the leave of absence. The policy shall also provide that if | 6554 |
| any teacher holding valid certification returns to employment by | 6555 |
| the district or service center upon termination of such a leave of | 6556 |
| absence, the teacher shall be restored to the previous position | 6557 |
| and salary or to a position and salary similar thereto. If, as a | 6558 |
| result of teachers returning to employment upon termination of | 6559 |
| such leaves of absence, a school district or educational service | 6560 |
| center reduces the number of teachers it employs, it shall make | 6561 |
| such reductions in accordance with section 3319.17 or, if | 6562 |
| applicable, 3319.171 of the Revised Code. | 6563 |
| Unless a collective bargaining agreement providing otherwise | 6564 |
| is in effect for an employee of a conversion community school | 6565 |
|
pursuant to division (A) | 6566 |
| leave of absence pursuant to this division shall remain eligible | 6567 |
| for any benefits that are in addition to benefits under Chapter | 6568 |
| 3307. or 3309. of the Revised Code provided by the district or | 6569 |
| service center to its employees provided the employee pays the | 6570 |
| entire cost associated with such benefits, except that personal | 6571 |
| leave and vacation leave cannot be accrued for use as an employee | 6572 |
| of a school district or service center while in the employ of a | 6573 |
| community school unless the district or service center board | 6574 |
| adopts a policy expressly permitting this accrual. | 6575 |
| (2) While on a leave of absence pursuant to division (B)(1) | 6576 |
| of this section, a conversion community school shall permit a | 6577 |
| teacher to use sick leave accrued while in the employ of the | 6578 |
| school district from which the leave of absence was taken and | 6579 |
| prior to commencing such leave. If a teacher who is on such a | 6580 |
| leave of absence uses sick leave so accrued, the cost of any | 6581 |
| salary paid by the community school to the teacher for that time | 6582 |
| shall be reported to the department of education. The cost of | 6583 |
| employing a substitute teacher for that time shall be paid by the | 6584 |
| community school. The department of education shall add amounts to | 6585 |
| the payments made to a community school under this chapter as | 6586 |
| necessary to cover the cost of salary reported by a community | 6587 |
| school as paid to a teacher using sick leave so accrued pursuant | 6588 |
| to this section. The department shall subtract the amounts of any | 6589 |
| payments made to community schools under this division from | 6590 |
| payments made to such sponsoring school district under Chapters | 6591 |
| 3306. and 3317. of the Revised Code. | 6592 |
| A school district providing a leave of absence and employee | 6593 |
| benefits to a person pursuant to this division is not liable for | 6594 |
| any action of that person while the person is on such leave and | 6595 |
| employed by a community school. | 6596 |
| Sec. 3316.07. (A) A school district financial planning and | 6597 |
| supervision commission has the following powers, duties, and | 6598 |
| functions: | 6599 |
| (1) To review or to assume responsibility for the development | 6600 |
| of all tax budgets, tax levy and bond and note resolutions, | 6601 |
| appropriation measures, and certificates of estimated resources of | 6602 |
| the school district in order to ensure that such are consistent | 6603 |
| with the financial recovery plan and a balanced appropriation | 6604 |
| budget for the current fiscal year, and to request and review any | 6605 |
| supporting information upon which the financial recovery plan and | 6606 |
| balanced appropriation budget may be developed and based, and to | 6607 |
| determine whether revenue estimates and estimates of expenditures | 6608 |
| and appropriations will result in a balanced budget; | 6609 |
| (2) To inspect and secure copies of any document, resolution, | 6610 |
| or instrument pertaining to the effective financial accounting and | 6611 |
| reporting system, debt obligations, debt limits, financial | 6612 |
| recovery plan, balanced appropriation budgets, appropriation | 6613 |
| measures, report of audit, statement or invoice, or other | 6614 |
| worksheet or record of the school district; | 6615 |
| (3) To inspect and secure copies of any document, instrument, | 6616 |
| certification, records of proceedings, or other worksheet or | 6617 |
| records of the county budget commission, county auditor, or other | 6618 |
| official or employee of the school district or of any other | 6619 |
| political subdivision or agency of government of the state; | 6620 |
| (4) To review, revise, and approve determinations and | 6621 |
| certifications affecting the school district made by the county | 6622 |
| budget commission or county auditor pursuant to Chapter 5705. of | 6623 |
| the Revised Code to ensure that such determinations and | 6624 |
| certifications are consistent with the laws of the state; | 6625 |
| (5) To bring civil actions, including mandamus, to enforce | 6626 |
| this chapter; | 6627 |
| (6) After consultation with the officials of the school | 6628 |
| district and the auditor of state, to implement or require | 6629 |
| implementation of any necessary or appropriate steps to bring the | 6630 |
| books of account, accounting systems, and financial procedures and | 6631 |
| reports of the school district into compliance with requirements | 6632 |
| prescribed by the auditor of state, and to assume responsibility | 6633 |
| for achieving such compliance and for making any desirable | 6634 |
| modifications and supplementary systems and procedures pertinent | 6635 |
| to the school district; | 6636 |
| (7) To assist or provide assistance to the school district or | 6637 |
| to assume the total responsibility for the structuring or the | 6638 |
| terms of, and the placement for sale of, debt obligations of the | 6639 |
| school district; | 6640 |
| (8) To perform all other powers, duties, and functions as | 6641 |
| provided under this chapter; | 6642 |
| (9) To make and enter into all contracts and agreements | 6643 |
| necessary or incidental to the performance of its duties and the | 6644 |
| exercise of its powers under this chapter; | 6645 |
| (10) To consult with officials of the school district and | 6646 |
| make recommendations or assume the responsibility for implementing | 6647 |
| cost reductions and revenue increases to achieve balanced budgets | 6648 |
| and carry out the financial recovery plan in accordance with this | 6649 |
| chapter; | 6650 |
| (11) To make reductions in force to bring the school | 6651 |
| district's budget into balance, notwithstanding section 3319.081 | 6652 |
| and divisions (A) and (B) of section 3319.17 of the Revised Code, | 6653 |
| notwithstanding any provision of a policy adopted under section | 6654 |
| 3319.171 of the Revised Code, and notwithstanding any provision to | 6655 |
| the contrary in section 4117.08 or 4117.10 of the Revised Code or | 6656 |
| in any collective bargaining agreement entered into on or after | 6657 |
| November 21, 1997. | 6658 |
| In making reductions in force, the commission shall first | 6659 |
| consider reasonable reductions among the administrative and | 6660 |
| 6661 | |
| due regard to ensuring the district's ability to maintain the | 6662 |
| personnel, programs, and services essential to the provision of an | 6663 |
| adequate educational program. | 6664 |
| In making these reductions in
| 6665 |
| employees in districts where Chapter 124. of the Revised Code | 6666 |
| controls such reductions, the reductions shall be made in | 6667 |
| accordance with sections 124.321 to 124.327 of the Revised Code. | 6668 |
|
In making these reductions in
| 6669 |
| in districts where Chapter 124. of the Revised Code does not | 6670 |
|
control these reductions, within each category of
| 6671 |
| nonteaching employees, the commission shall give preference to | 6672 |
| those employees with continuing contracts or non-probationary | 6673 |
|
status | 6674 |
| in nonteaching employees, the commission shall not use seniority | 6675 |
| as the only factor in determining dismissals. | 6676 |
| If revenues and expenditures cannot be balanced by reasonable | 6677 |
|
reductions in administrative and
| 6678 |
| employees, the commission may also make reasonable reductions in | 6679 |
| the number of teaching contracts. If the commission finds it | 6680 |
| necessary to suspend teaching contracts, it shall suspend them in | 6681 |
| accordance with division (C) of section 3319.17 of the Revised | 6682 |
| Code but shall consider a reduction in non-classroom teachers | 6683 |
| before classroom teachers. | 6684 |
| (B) During the fiscal emergency period, the commission shall, | 6685 |
| in addition to other powers: | 6686 |
| (1) With respect to the appropriation measure in effect at | 6687 |
| the commencement of the fiscal emergency period of the school | 6688 |
| district if that period commenced more than three months prior to | 6689 |
| the end of the current fiscal year, and otherwise with respect to | 6690 |
| the appropriation measure for the next fiscal year: | 6691 |
| (a) Review and determine the adequacy of all revenues to meet | 6692 |
| all expenditures for such fiscal year; | 6693 |
| (b) Review and determine the extent of any deficiency of | 6694 |
| revenues to meet such expenditures; | 6695 |
| (c) Require the school district board or superintendent to | 6696 |
| provide justification documents to substantiate, to the extent and | 6697 |
| in the manner considered necessary, any item of revenue or | 6698 |
| appropriation; | 6699 |
| (d) Not later than sixty days after taking office or after | 6700 |
| receiving the appropriation measure for the next fiscal year, | 6701 |
| issue a public report regarding its review pursuant to division | 6702 |
| (B)(1) of this section. | 6703 |
| (2) Require the school district board, by resolution, to | 6704 |
| establish monthly levels of expenditures and encumbrances | 6705 |
| consistent with the financial recovery plan and the commission's | 6706 |
| review pursuant to divisions (B)(1)(a) and (b) of this section, or | 6707 |
| establish such levels itself. If the commission permits the | 6708 |
| district board to make expenditures, the commission shall monitor | 6709 |
| the monthly levels of expenditures and encumbrances and require | 6710 |
| justification documents to substantiate any departure from any | 6711 |
| approved level. No district board shall make any expenditure apart | 6712 |
| from the approved level without the written approval of the | 6713 |
| commission. | 6714 |
| (C) In making any determination pursuant to division (B) of | 6715 |
| this section, the commission may rely on any information | 6716 |
| considered in its judgment reliable or material and shall not be | 6717 |
| restricted by any tax budget or certificate or any other document | 6718 |
| the school district may have adopted or received from any other | 6719 |
| governmental agency. | 6720 |
| (D) County, state, and school district officers or employees | 6721 |
| shall assist the commission diligently and promptly in the | 6722 |
| prosecution of its duties, including the furnishing of any | 6723 |
| materials, including justification documents, required. | 6724 |
| (E) Annually on or before the first day of April during the | 6725 |
| fiscal emergency period, the commission shall make reports and | 6726 |
| recommendations to the speaker of the house of representatives and | 6727 |
| the president of the senate concerning progress of the school | 6728 |
| district to eliminate fiscal emergency conditions, failures of the | 6729 |
| school district to comply with this chapter, and recommendations | 6730 |
| for further actions to attain the objectives of this chapter, | 6731 |
| including any legislative action needed to make provisions of law | 6732 |
| more effective for their purposes, or to enhance revenue raising | 6733 |
| or financing capabilities of school districts. The commission may | 6734 |
| make such interim reports as it considers appropriate for such | 6735 |
| purposes and shall make such additional reports as may be | 6736 |
| requested by either house of the general assembly. | 6737 |
| Sec. 3317.01. As used in this section and section 3317.011 | 6738 |
| of the Revised Code, "school district," unless otherwise | 6739 |
| specified, means any city, local, exempted village, joint | 6740 |
| vocational, or cooperative education school district and any | 6741 |
| educational service center. | 6742 |
| This chapter shall be administered by the state board of | 6743 |
| education. The superintendent of public instruction shall | 6744 |
| calculate the amounts payable to each school district and shall | 6745 |
| certify the amounts payable to each eligible district to the | 6746 |
| treasurer of the district as provided by this chapter. As soon as | 6747 |
| possible after such amounts are calculated, the superintendent | 6748 |
| shall certify to the treasurer of each school district the | 6749 |
| district's adjusted charge-off increase, as defined in section | 6750 |
| 5705.211 of the Revised Code. No moneys shall be distributed | 6751 |
| pursuant to this chapter without the approval of the controlling | 6752 |
| board. | 6753 |
| The state board of education shall, in accordance with | 6754 |
| appropriations made by the general assembly, meet the financial | 6755 |
| obligations of this chapter. | 6756 |
| Moneys distributed pursuant to this chapter shall be | 6757 |
| calculated and paid on a fiscal year basis, beginning with the | 6758 |
| first day of July and extending through the thirtieth day of June. | 6759 |
| The moneys appropriated for each fiscal year shall be distributed | 6760 |
| periodically to each school district unless otherwise provided | 6761 |
| for. The state board shall submit a yearly distribution plan to | 6762 |
| the controlling board at its first meeting in July. The state | 6763 |
| board shall submit any proposed midyear revision of the plan to | 6764 |
| the controlling board in January. Any year-end revision of the | 6765 |
| plan shall be submitted to the controlling board in June. If | 6766 |
| moneys appropriated for each fiscal year are distributed other | 6767 |
| than monthly, such distribution shall be on the same basis for | 6768 |
| each school district. | 6769 |
| Except as otherwise provided, payments under this chapter | 6770 |
| shall be made only to those school districts in which: | 6771 |
| (A) The school district, except for any educational service | 6772 |
| center and any joint vocational or cooperative education school | 6773 |
| district, levies for current operating expenses at least twenty | 6774 |
| mills. Levies for joint vocational or cooperative education school | 6775 |
| districts or county school financing districts, limited to or to | 6776 |
| the extent apportioned to current expenses, shall be included in | 6777 |
| this qualification requirement. School district income tax levies | 6778 |
| under Chapter 5748. of the Revised Code, limited to or to the | 6779 |
| extent apportioned to current operating expenses, shall be | 6780 |
| included in this qualification requirement to the extent | 6781 |
| determined by the tax commissioner under division (D) of section | 6782 |
| 3317.021 of the Revised Code. | 6783 |
| (B) The school year next preceding the fiscal year for which | 6784 |
| such payments are authorized meets the requirement of section | 6785 |
| 3313.48 or 3313.481 of the Revised Code, with regard to the | 6786 |
| minimum number of days or hours school must be open for | 6787 |
| instruction with pupils in attendance, for individualized | 6788 |
| parent-teacher conference and reporting periods, and for | 6789 |
| professional meetings of teachers. This requirement shall be | 6790 |
| waived by the superintendent of public instruction if it had been | 6791 |
| necessary for a school to be closed because of disease epidemic, | 6792 |
| hazardous weather conditions, inoperability of school buses or | 6793 |
| other equipment necessary to the school's operation, damage to a | 6794 |
| school building, or other temporary circumstances due to utility | 6795 |
| failure rendering the school building unfit for school use, | 6796 |
| provided that for those school districts operating pursuant to | 6797 |
| section 3313.48 of the Revised Code the number of days the school | 6798 |
| was actually open for instruction with pupils in attendance and | 6799 |
| for individualized parent-teacher conference and reporting periods | 6800 |
| is not less than one hundred seventy-five, or for those school | 6801 |
| districts operating on a trimester plan the number of days the | 6802 |
| school was actually open for instruction with pupils in attendance | 6803 |
| not less than seventy-nine days in any trimester, for those school | 6804 |
| districts operating on a quarterly plan the number of days the | 6805 |
| school was actually open for instruction with pupils in attendance | 6806 |
| not less than fifty-nine days in any quarter, or for those school | 6807 |
| districts operating on a pentamester plan the number of days the | 6808 |
| school was actually open for instruction with pupils in attendance | 6809 |
| not less than forty-four days in any pentamester. However, for | 6810 |
| fiscal year 2012, the superintendent shall waive two fewer such | 6811 |
| days for the 2010-2011 school year. | 6812 |
| A school district shall not be considered to have failed to | 6813 |
| comply with this division or section 3313.481 of the Revised Code | 6814 |
| because schools were open for instruction but either twelfth grade | 6815 |
| students were excused from attendance for up to three days or only | 6816 |
| a portion of the kindergarten students were in attendance for up | 6817 |
| to three days in order to allow for the gradual orientation to | 6818 |
| school of such students. | 6819 |
| The superintendent of public instruction shall waive the | 6820 |
| requirements of this section with reference to the minimum number | 6821 |
| of days or hours school must be in session with pupils in | 6822 |
| attendance for the school year succeeding the school year in which | 6823 |
| a board of education initiates a plan of operation pursuant to | 6824 |
| section 3313.481 of the Revised Code. The minimum requirements of | 6825 |
| this section shall again be applicable to such a district | 6826 |
| beginning with the school year commencing the second July | 6827 |
| succeeding the initiation of one such plan, and for each school | 6828 |
| year thereafter. | 6829 |
| A school district shall not be considered to have failed to | 6830 |
| comply with this division or section 3313.48 or 3313.481 of the | 6831 |
| Revised Code because schools were open for instruction but the | 6832 |
| length of the regularly scheduled school day, for any number of | 6833 |
| days during the school year, was reduced by not more than two | 6834 |
| hours due to hazardous weather conditions. | 6835 |
| (C) The school district | 6836 |
| 6837 | |
| salaries based upon performance as required under section 3317.13 | 6838 |
| of the Revised Code. | 6839 |
| A board of education or governing board of an educational | 6840 |
| service center which has not conformed with other law and the | 6841 |
| rules pursuant thereto, shall not participate in the distribution | 6842 |
| of funds authorized by sections 3317.022 to 3317.0211, 3317.11, | 6843 |
| 3317.16, 3317.17, and 3317.19 of the Revised Code, except for good | 6844 |
| and sufficient reason established to the satisfaction of the state | 6845 |
| board of education and the state controlling board. | 6846 |
| All funds allocated to school districts under this chapter, | 6847 |
| except those specifically allocated for other purposes, shall be | 6848 |
| used to pay current operating expenses only. | 6849 |
| Sec. 3317.018. (A) The department of education shall make no | 6850 |
| calculations or payments under Chapter 3317. of the Revised Code | 6851 |
| for any fiscal year except as prescribed in this section. | 6852 |
| (B) School districts shall report student enrollment data as | 6853 |
| prescribed by section 3317.03 of the Revised Code, which data the | 6854 |
| department shall use to make payments under Chapters 3306. and | 6855 |
| 3317. of the Revised Code. | 6856 |
| (C) The tax commissioner shall report data regarding tax | 6857 |
| valuation and receipts for school districts as prescribed by | 6858 |
| sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027, | 6859 |
| 3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of | 6860 |
| section 3317.02 of the Revised Code, which data the department | 6861 |
| shall use to make payments under Chapters 3306. and 3317. of the | 6862 |
| Revised Code. | 6863 |
| (D) Unless otherwise specified by another provision of law, | 6864 |
| in addition to the payments prescribed by Chapter 3306. of the | 6865 |
| Revised Code, the department shall continue to make payments to or | 6866 |
| adjustments for school districts in fiscal years after fiscal year | 6867 |
| 2009 under the following provisions of Chapter 3317. of the | 6868 |
| Revised Code: | 6869 |
| (1) The catastrophic cost reimbursement under division (C)(3) | 6870 |
| of section 3317.022 of the Revised Code. No other payments shall | 6871 |
| be made under that section. | 6872 |
| (2) All payments or adjustments under section 3317.023 of the | 6873 |
| Revised Code, except no payments or adjustments shall be made | 6874 |
| under divisions (B), (C), and (D) of that section. | 6875 |
| (3) All payments or adjustments under section 3317.024 of the | 6876 |
| Revised Code, except no payments or adjustments shall be made | 6877 |
| under divisions (F), (L), and (N) of that section. | 6878 |
| (4) All payments and adjustments under sections 3317.025, | 6879 |
| 3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the | 6880 |
| Revised Code; | 6881 |
| (5) Payments under section 3317.04 of the Revised Code; | 6882 |
| (6) Unit payments under sections 3317.05, 3317.051, 3317.052, | 6883 |
| and 3317.053 of the Revised Code, except that no units for gifted | 6884 |
| funding are authorized after fiscal year 2009. | 6885 |
| (7) Payments under sections 3317.06, 3317.063, and 3317.064 | 6886 |
| of the Revised Code; | 6887 |
| (8) Payments under section 3317.07 of the Revised Code; | 6888 |
| (9) Payments to educational service centers under section | 6889 |
| 3317.11 of the Revised Code; | 6890 |
| (10) The catastrophic cost reimbursement under division (E) | 6891 |
| of section 3317.16 of the Revised Code and excess cost | 6892 |
| reimbursements under division (G) of that section. No other | 6893 |
| payments shall be made under that section; | 6894 |
| (11) Payments under section 3317.17 of the Revised Code; | 6895 |
| (12) Adjustments under section 3317.18 of the Revised Code; | 6896 |
| (13) Payments to cooperative education school districts under | 6897 |
| section 3317.19 of the Revised Code; | 6898 |
| (14) Payments to county MR/DD boards under section 3317.20 of | 6899 |
| the Revised Code; | 6900 |
| (15) Payments to state institutions for weighted special | 6901 |
| education funding under section 3317.201 of the Revised Code. | 6902 |
| (E) Sections 3317.016 and 3317.017 shall not apply to fiscal | 6903 |
| years after fiscal year 2009. | 6904 |
| (F) This section does not affect the provisions of sections | 6905 |
| 3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08, | 6906 |
|
3317.081, 3317.082, 3317.09, | 6907 |
| 3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised | 6908 |
| Code. | 6909 |
| Sec. 3317.11. (A) As used in this section: | 6910 |
| (1) "Client school district" means a city or exempted village | 6911 |
| school district that has entered into an agreement under section | 6912 |
| 3313.843 of the Revised Code to receive any services from an | 6913 |
| educational service center. | 6914 |
| (2) "Service center ADM" means the sum of the total student | 6915 |
| counts of all local school districts within an educational service | 6916 |
| center's territory and all of the service center's client school | 6917 |
| districts. | 6918 |
| (3) "STEM school" means a science, technology, engineering, | 6919 |
| and mathematics school established under Chapter 3326. of the | 6920 |
| Revised Code. | 6921 |
| (4) "Total student count" has the same meaning as in section | 6922 |
| 3301.011 of the Revised Code. | 6923 |
| (B)(1) The governing board of each educational service center | 6924 |
| shall provide supervisory services to each local school district | 6925 |
| within the service center's territory. Each city or exempted | 6926 |
| village school district that enters into an agreement under | 6927 |
| section 3313.843 of the Revised Code for a governing board to | 6928 |
| provide any services also is considered to be provided supervisory | 6929 |
| services by the governing board. Except as provided in division | 6930 |
| (B)(2) of this section, the supervisory services shall not exceed | 6931 |
| one supervisory teacher for the first fifty classroom teachers | 6932 |
| required to be employed in the districts, as calculated under | 6933 |
| section 3317.023 of the Revised Code, and one for each additional | 6934 |
| one hundred required classroom teachers, as so calculated. | 6935 |
| The supervisory services shall be financed annually through | 6936 |
| supervisory units. Except as provided in division (B)(2) of this | 6937 |
| section, the number of supervisory units assigned to each district | 6938 |
| shall not exceed one unit for the first fifty classroom teachers | 6939 |
| required to be employed in the district, as calculated under | 6940 |
| section 3317.023 of the Revised Code, and one for each additional | 6941 |
| one hundred required classroom teachers, as so calculated. The | 6942 |
| cost of each supervisory unit shall be the sum of: | 6943 |
| (a) The | 6944 |
| section 3317.13 of the Revised Code for the licensed supervisory | 6945 |
| employee of the governing board; | 6946 |
| (b) An amount equal to fifteen per cent of the salary | 6947 |
| prescribed by section 3317.13 of the Revised Code; | 6948 |
| (c) An allowance for necessary travel expenses, limited to | 6949 |
| the lesser of two hundred twenty-three dollars and sixteen cents | 6950 |
| per month or two thousand six hundred seventy-eight dollars per | 6951 |
| year. | 6952 |
| (2) If a majority of the boards of education, or | 6953 |
| superintendents acting on behalf of the boards, of the local and | 6954 |
| client school districts receiving services from the educational | 6955 |
| service center agree to receive additional supervisory services | 6956 |
| and to pay the cost of a corresponding number of supervisory units | 6957 |
| in excess of the services and units specified in division (B)(1) | 6958 |
| of this section, the service center shall provide the additional | 6959 |
| services as agreed to by the majority of districts to, and the | 6960 |
| department of education shall apportion the cost of the | 6961 |
| corresponding number of additional supervisory units pursuant to | 6962 |
| division (B)(3) of this section among, all of the service center's | 6963 |
| local and client school districts. | 6964 |
| (3) The department shall apportion the total cost for all | 6965 |
| supervisory units among the service center's local and client | 6966 |
| school districts based on each district's total student count. The | 6967 |
| department shall deduct each district's apportioned share pursuant | 6968 |
| to division (E) of section 3317.023 of the Revised Code and pay | 6969 |
| the apportioned share to the service center. | 6970 |
| (C) The department annually shall deduct from each local and | 6971 |
| client school district of each educational service center, | 6972 |
| pursuant to division (E) of section 3317.023 of the Revised Code, | 6973 |
| and pay to the service center an amount equal to six dollars and | 6974 |
| fifty cents times the school district's total student count. The | 6975 |
| board of education, or the superintendent acting on behalf of the | 6976 |
| board, of any local or client school district may agree to pay an | 6977 |
| amount in excess of six dollars and fifty cents per student in | 6978 |
| total student count. If a majority of the boards of education, or | 6979 |
| superintendents acting on behalf of the boards, of the local | 6980 |
| school districts within a service center's territory approve an | 6981 |
| amount in excess of six dollars and fifty cents per student in | 6982 |
| total student count, the department shall deduct the approved | 6983 |
| excess per student amount from all of the local school districts | 6984 |
| within the service center's territory and pay the excess amount to | 6985 |
| the service center. | 6986 |
| (D) The department shall pay each educational service center | 6987 |
| the amounts due to it from school districts pursuant to contracts, | 6988 |
| compacts, or agreements under which the service center furnishes | 6989 |
| services to the districts or their students. In order to receive | 6990 |
| payment under this division, an educational service center shall | 6991 |
| furnish either a copy of the contract, compact, or agreement | 6992 |
| clearly indicating the amounts of the payments, or a written | 6993 |
| statement that clearly indicates the payments owed and is signed | 6994 |
| by the superintendent or treasurer of the responsible school | 6995 |
| district. The amounts paid to service centers under this division | 6996 |
| shall be deducted from payments to school districts pursuant to | 6997 |
| division (K)(3) of section 3317.023 of the Revised Code. | 6998 |
| (E) Each school district's deduction under this section and | 6999 |
| divisions (E) and (K)(3) of section 3317.023 of the Revised Code | 7000 |
| shall be made from the total payment computed for the district | 7001 |
| under this chapter, after making any other adjustments in that | 7002 |
| payment required by law. | 7003 |
| (F)(1) Except as provided in division (F)(2) of this section, | 7004 |
| the department annually shall pay the governing board of each | 7005 |
| educational service center state funds equal to thirty-seven | 7006 |
| dollars times its service center ADM. | 7007 |
| (2) The department annually shall pay state funds equal to | 7008 |
| forty dollars and fifty-two cents times the service center ADM to | 7009 |
| each educational service center comprising territory that was | 7010 |
| included in the territory of at least three former service centers | 7011 |
| or county school districts, which former centers or districts | 7012 |
| engaged in one or more mergers under section 3311.053 of the | 7013 |
| Revised Code to form the present center. | 7014 |
| (G) Each city, exempted village, local, joint vocational, or | 7015 |
| cooperative education school district shall pay to the governing | 7016 |
| board of an educational service center any amounts agreed to for | 7017 |
| each child enrolled in the district who receives special education | 7018 |
| and related services or career-technical education from the | 7019 |
| educational service center, unless these educational services are | 7020 |
| provided pursuant to a contract, compact, or agreement for which | 7021 |
| the department deducts and transfers payments under division (D) | 7022 |
| of this section and division (K)(3) of section 3317.023 of the | 7023 |
| Revised Code. | 7024 |
| (H) The department annually shall pay the governing board of | 7025 |
| each educational service center that has entered into a contract | 7026 |
| with a STEM school for the provision of services described in | 7027 |
| division (B) of section 3326.45 of the Revised Code state funds | 7028 |
| equal to the per-pupil amount specified in the contract for the | 7029 |
| provision of those services times the number of students enrolled | 7030 |
| in the STEM school. | 7031 |
| (I) An educational service center: | 7032 |
| (1) May provide special education and career-technical | 7033 |
| education to students in its local or client school districts; | 7034 |
| (2) Is eligible for transportation funding under division (G) | 7035 |
| of section 3317.024 of the Revised Code and for state subsidies | 7036 |
| for the purchase of school buses under section 3317.07 of the | 7037 |
| Revised Code; | 7038 |
| (3) May apply for and receive gifted education units and | 7039 |
| provide gifted education services to students in its local or | 7040 |
| client school districts; | 7041 |
| (4) May conduct driver education for high school students in | 7042 |
| accordance with Chapter 4508. of the Revised Code. | 7043 |
| Sec. 3317.13. (A) As used in this section | 7044 |
| 7045 |
| | 7046 |
| | 7047 |
| 7048 | |
| 7049 | |
| 7050 |
| | 7051 |
| 7052 | |
| 7053 | |
| 7054 | |
| 7055 |
| | 7056 |
| 7057 | |
| 7058 | |
| 7059 | |
| 7060 | |
| 7061 | |
| 7062 | |
| 7063 |
| | 7064 |
| 7065 | |
| 7066 | |
| 7067 | |
| 7068 | |
| 7069 |
| | 7070 |
| board of education of any school district, including any | 7071 |
| cooperative education or joint vocational school district and all | 7072 |
| teachers employed by any educational service center governing | 7073 |
| board. | 7074 |
| (B) | 7075 |
| 7076 | |
| 7077 | |
| 7078 | |
| 7079 | |
| 7080 | |
| 7081 | |
| 7082 | |
| 7083 | |
| 7084 |
| | 7085 |
| 7086 | |
| 7087 | |
| 7088 | |
| 7089 | |
| 7090 | |
| 7091 | |
| 7092 | |
| 7093 | |
| 7094 | |
| 7095 | |
| 7096 | |
| 7097 | |
| 7098 |
| | 7099 |
| 7100 | |
| 7101 | |
| 7102 | |
| 7103 | |
| 7104 | |
| 7105 | |
| 7106 | |
| 7107 |
| | 7108 |
| 7109 |
| 7110 | ||||||||||
| 7111 | ||||||||||
| 7112 | ||||||||||
| 7113 | ||||||||||
| 7114 |
| 7115 | ||||||||||||||||||
| 7116 | ||||||||||||||||||
| 7117 | ||||||||||||||||||
| 7118 | ||||||||||||||||||
| 7119 | ||||||||||||||||||
| 7120 | ||||||||||||||||||
| 7121 | ||||||||||||||||||
| 7122 | ||||||||||||||||||
| 7123 | ||||||||||||||||||
| 7124 | ||||||||||||||||||
| 7125 | ||||||||||||||||||
| 7126 | ||||||||||||||||||
| 7127 | ||||||||||||||||||
| 7128 |
| | 7129 |
| 7130 |
| | 7131 |
| 7132 | |
| 7133 | |
| 7134 | |
| 7135 | |
| 7136 | |
| 7137 | |
| 7138 | |
| 7139 |
| | 7140 |
| | 7141 |
| | 7142 |
| 7143 | |
| 7144 |
| | 7145 |
| 7146 | |
| as described in this section. | 7147 |
| (C) For purposes of this section, a board shall measure a | 7148 |
| teacher's performance by considering all of the following: | 7149 |
| (1) The level of license issued under section 3319.22 of the | 7150 |
| Revised Code that the teacher holds; | 7151 |
| (2) Whether the teacher is a "highly qualified teacher" as | 7152 |
| defined in section 3319.074 of the Revised Code; | 7153 |
| (3) The value-added measure the board uses to determine the | 7154 |
| performance of the students assigned to the teacher's classroom; | 7155 |
| (4) The results of the teacher's performance evaluations | 7156 |
| conducted under section 3319.111 of the Revised Code or any peer | 7157 |
| review program created by an agreement entered into by a board of | 7158 |
| education and representatives of teachers employed by that board; | 7159 |
| (5) Any other criteria established by the board. | 7160 |
| Sec. 3319.01. Except in an island school district, where the | 7161 |
| superintendent of an educational service center otherwise may | 7162 |
| serve as superintendent of the district and except as otherwise | 7163 |
| provided for any cooperative education school district pursuant to | 7164 |
| division (B)(2) of section 3311.52 or division (B)(3) of section | 7165 |
| 3311.521 of the Revised Code, the board of education in each | 7166 |
| school district and the governing board of each service center | 7167 |
| shall, at a regular or special meeting held not later than the | 7168 |
| first day of May of the calendar year in which the term of the | 7169 |
| superintendent expires, appoint a person possessed of the | 7170 |
| qualifications provided in this section to act as superintendent, | 7171 |
| for a term not longer than five years beginning the first day of | 7172 |
| August and ending on the thirty-first day of July. Such | 7173 |
| superintendent is, at the expiration of a current term of | 7174 |
| employment, deemed reemployed for a term of one year at the same | 7175 |
| salary plus any increments that may be authorized by the board, | 7176 |
| unless such board, on or before the first day of March of the year | 7177 |
| in which the contract of employment expires, either reemploys the | 7178 |
| superintendent for a succeeding term as provided in this section | 7179 |
| or gives to the superintendent written notice of its intention not | 7180 |
| to reemploy the superintendent. A superintendent may not be | 7181 |
| transferred to any other position during the term of the | 7182 |
| superintendent's employment or reemployment except by mutual | 7183 |
| agreement by the superintendent and the board. If a vacancy occurs | 7184 |
| in the office of superintendent, the board shall appoint a | 7185 |
| superintendent for a term not to exceed five years from the next | 7186 |
| preceding first day of August. | 7187 |
| A board may at any regular or special meeting held during the | 7188 |
| period beginning on the first day of January of the calendar year | 7189 |
| immediately preceding the year the contract of employment of a | 7190 |
| superintendent expires and ending on the first day of March of the | 7191 |
| year it expires, reemploy such superintendent for a succeeding | 7192 |
| term for not longer than five years, beginning on the first day of | 7193 |
| August immediately following the expiration of the | 7194 |
| superintendent's current term of employment and ending on the | 7195 |
| thirty-first day of July of the year in which such succeeding term | 7196 |
| expires. No person shall be appointed to the office of | 7197 |
| superintendent of a city, or exempted village school district or a | 7198 |
| service center who does not hold a license designated for being a | 7199 |
| superintendent issued under section 3319.22 of the Revised Code, | 7200 |
| unless such person had been employed as a county, city, or | 7201 |
| exempted village superintendent prior to August 1, 1939. No person | 7202 |
| shall be appointed to the office of local superintendent who does | 7203 |
| not hold a license designated for being a superintendent issued | 7204 |
| under section 3319.22 of the Revised Code, unless such person held | 7205 |
| or was qualified to hold the position of executive head of a local | 7206 |
| school district on September 16, 1957. At the time of making such | 7207 |
| appointment or designation of term, such board shall fix the | 7208 |
| compensation of the superintendent, which may be increased or | 7209 |
| decreased during such term, provided such decrease is a part of a | 7210 |
| uniform plan affecting salaries of all employees of the district, | 7211 |
| and shall execute a written contract of employment with such | 7212 |
| superintendent. | 7213 |
| Each board shall adopt procedures for the evaluation of its | 7214 |
| superintendent and shall evaluate its superintendent in accordance | 7215 |
| with those procedures. An evaluation based upon such procedures | 7216 |
| shall be considered by the board in deciding whether to renew the | 7217 |
| superintendent's contract. The establishment of an evaluation | 7218 |
| procedure shall not create an expectancy of continued employment. | 7219 |
| Nothing in this section shall prevent a board from making the | 7220 |
| final determination regarding the renewal or failure to renew of a | 7221 |
| superintendent's contract. | 7222 |
| Termination of a superintendent's contract shall be pursuant | 7223 |
| to section 3319.16 of the Revised Code. | 7224 |
| A board may establish vacation leave for its superintendent | 7225 |
| in accordance with the general leave policy the board adopts | 7226 |
| pursuant to section 3319.141 of the Revised Code. Upon the | 7227 |
| superintendent's separation from employment a board that has such | 7228 |
| leave may provide compensation at the superintendent's current | 7229 |
| rate of pay for all lawfully accrued and unused vacation leave to | 7230 |
| the superintendent's credit at the time of separation, not to | 7231 |
| exceed the amount accrued within three years before the date of | 7232 |
| separation. In case of the death of a superintendent, such unused | 7233 |
| vacation leave as the board would have paid to this superintendent | 7234 |
| upon separation shall be paid in accordance with section 2113.04 | 7235 |
| of the Revised Code, or to the superintendent's estate. | 7236 |
| Notwithstanding section 9.481 of the Revised Code, the board | 7237 |
| of a city, local, exempted village, or joint vocational school | 7238 |
| district may require its superintendent, as a condition of | 7239 |
| employment, to reside within the boundaries of the district. | 7240 |
| The superintendent shall be the executive officer for the | 7241 |
| board. Subject to section 3319.40 of the Revised Code, the | 7242 |
| superintendent shall direct and assign teachers and other | 7243 |
| employees of the district or service center, except as provided in | 7244 |
| division (B) of section 3313.31 and section 3319.04 of the Revised | 7245 |
| Code. The superintendent shall assign the pupils to the proper | 7246 |
| schools and grades, provided that the assignment of a pupil to a | 7247 |
| school outside of the pupil's district of residence is approved by | 7248 |
| the board of the district of residence of such pupil. The | 7249 |
| superintendent shall perform such other duties as the board | 7250 |
| determines. | 7251 |
| The board of education of any school district may contract | 7252 |
| with the governing board of the educational service center from | 7253 |
| which it otherwise receives services to conduct searches and | 7254 |
| recruitment of candidates for the superintendent position | 7255 |
| authorized under this section. | 7256 |
| Sec. 3319.011. If a board of education determines the | 7257 |
|
superintendent is incapacitated in such a manner that | 7258 |
| superintendent is unable to perform the duties of the office of | 7259 |
| superintendent, the board may, by a majority vote of the members | 7260 |
|
of the board, appoint a person to serve in | 7261 |
| superintendent's place pro tempore. Each board of education shall | 7262 |
| adopt a written policy establishing standards for determining | 7263 |
| whether the superintendent is incapacitated, and shall provide | 7264 |
| that during any period in which the superintendent is | 7265 |
|
incapacitated, | 7266 |
| or on leave of absence and may be returned to active duty status | 7267 |
| from sick leave or leave of absence. The board shall award leave | 7268 |
| pursuant to this written policy in accordance with the general | 7269 |
| leave policy the board adopts pursuant to section 3319.141 of the | 7270 |
| Revised Code. The superintendent may request a hearing before the | 7271 |
|
board on any action taken under this section | 7272 |
| the same rights in any such hearing as are granted to a teacher in | 7273 |
| a board hearing under section 3319.16 of the Revised Code. The | 7274 |
| superintendent pro tempore shall perform all of the duties and | 7275 |
| functions of the superintendent and shall serve until the board by | 7276 |
| majority vote determines the superintendent's incapacity is | 7277 |
| removed or until the expiration of the superintendent's contract | 7278 |
| or term of office, whichever is sooner. The superintendent pro | 7279 |
| tempore may be removed at any time for cause by a two-thirds vote | 7280 |
| of the members of the board. The board shall fix the compensation | 7281 |
| of the superintendent pro tempore in accordance with section | 7282 |
| 3319.01 of the Revised Code. | 7283 |
| Sec. 3319.02. (A)(1) As used in this section, "other | 7284 |
| administrator" means any of the following: | 7285 |
| (a) Except as provided in division (A)(2) of this section, | 7286 |
| any employee in a position for which a board of education requires | 7287 |
| a license designated by rule of the department of education for | 7288 |
| being an administrator issued under section 3319.22 of the Revised | 7289 |
| Code, including a professional pupil services employee or | 7290 |
| administrative specialist or an equivalent of either one who is | 7291 |
| not employed as a school counselor and spends less than fifty per | 7292 |
| cent of the time employed teaching or working with students; | 7293 |
| (b) Any nonlicensed employee whose job duties enable such | 7294 |
| employee to be considered as either a "supervisor" or a | 7295 |
| "management level employee," as defined in section 4117.01 of the | 7296 |
| Revised Code; | 7297 |
| (c) A business manager appointed under section 3319.03 of the | 7298 |
| Revised Code. | 7299 |
| (2) As used in this section, "other administrator" does not | 7300 |
| include a superintendent, assistant superintendent, principal, or | 7301 |
| assistant principal. | 7302 |
| (B) The board of education of each school district and the | 7303 |
| governing board of an educational service center may appoint one | 7304 |
| or more assistant superintendents and such other administrators as | 7305 |
| are necessary. An assistant educational service center | 7306 |
| superintendent or service center supervisor employed on a | 7307 |
| part-time basis may also be employed by a local board as a | 7308 |
| teacher. The board of each city, exempted village, and local | 7309 |
| school district shall employ principals for all high schools and | 7310 |
| for such other schools as the board designates, and those boards | 7311 |
| may appoint assistant principals for any school that they | 7312 |
| designate. | 7313 |
| (C) In educational service centers and in city, exempted | 7314 |
| village, and local school districts, assistant superintendents, | 7315 |
| principals, assistant principals, and other administrators shall | 7316 |
| only be employed or reemployed in accordance with nominations of | 7317 |
| the superintendent, except that a board of education of a school | 7318 |
| district or the governing board of a service center, by a | 7319 |
| three-fourths vote of its full membership, may reemploy any | 7320 |
| assistant superintendent, principal, assistant principal, or other | 7321 |
| administrator whom the superintendent refuses to nominate. | 7322 |
| The board of education or governing board shall execute a | 7323 |
| written contract of employment with each assistant superintendent, | 7324 |
| principal, assistant principal, and other administrator it employs | 7325 |
| or reemploys. The term of such contract shall not exceed three | 7326 |
| years except that in the case of a person who has been employed as | 7327 |
| an assistant superintendent, principal, assistant principal, or | 7328 |
| other administrator in the district or center for three years or | 7329 |
| more, the term of the contract shall be for not more than five | 7330 |
| years and, unless the superintendent of the district recommends | 7331 |
| otherwise, not less than two years. If the superintendent so | 7332 |
| recommends, the term of the contract of a person who has been | 7333 |
| employed by the district or service center as an assistant | 7334 |
| superintendent, principal, assistant principal, or other | 7335 |
| administrator for three years or more may be one year, but all | 7336 |
| subsequent contracts granted such person shall be for a term of | 7337 |
| not less than two years and not more than five years. When a | 7338 |
| teacher with continuing service status becomes an assistant | 7339 |
| superintendent, principal, assistant principal, or other | 7340 |
| administrator with the district or service center with which the | 7341 |
| teacher holds continuing service status, the teacher retains such | 7342 |
| status in the teacher's nonadministrative position as provided in | 7343 |
| sections 3319.08 and 3319.09 of the Revised Code. | 7344 |
| A board of education or governing board may reemploy an | 7345 |
| assistant superintendent, principal, assistant principal, or other | 7346 |
| administrator at any regular or special meeting held during the | 7347 |
| period beginning on the first day of January of the calendar year | 7348 |
| immediately preceding the year of expiration of the employment | 7349 |
| contract and ending on the last day of March of the year the | 7350 |
| employment contract expires. | 7351 |
| Except by mutual agreement of the parties thereto, no | 7352 |
| assistant superintendent, principal, assistant principal, or other | 7353 |
| administrator shall be transferred during the life of a contract | 7354 |
| to a position of lesser responsibility. No contract may be | 7355 |
| terminated by a board except pursuant to section 3319.16 of the | 7356 |
| Revised Code. No contract may be suspended except pursuant to | 7357 |
| section 3319.17 or 3319.171 of the Revised Code. The salaries and | 7358 |
| compensation prescribed by such contracts shall not be reduced by | 7359 |
| a board unless such reduction is a part of a uniform plan | 7360 |
| affecting the entire district or center. The contract shall | 7361 |
| specify the employee's administrative position and duties as | 7362 |
| included in the job description adopted under division (D) of this | 7363 |
| section, the salary and other compensation to be paid for | 7364 |
| performance of duties, the number of days to be worked, the number | 7365 |
| of days of vacation leave, if any, and any paid holidays in the | 7366 |
| contractual year. | 7367 |
| An assistant superintendent, principal, assistant principal, | 7368 |
| or other administrator is, at the expiration of the current term | 7369 |
| of employment, deemed reemployed at the same salary plus any | 7370 |
| increments that may be authorized by the board, unless such | 7371 |
| employee notifies the board in writing to the contrary on or | 7372 |
| before the first day of June, or unless such board, on or before | 7373 |
| the last day of March of the year in which the contract of | 7374 |
| employment expires, either reemploys such employee for a | 7375 |
| succeeding term or gives written notice of its intention not to | 7376 |
| reemploy the employee. The term of reemployment of a person | 7377 |
| reemployed under this paragraph shall be one year, except that if | 7378 |
| such person has been employed by the school district or service | 7379 |
| center as an assistant superintendent, principal, assistant | 7380 |
| principal, or other administrator for three years or more, the | 7381 |
| term of reemployment shall be two years. | 7382 |
| (D)(1) Each board shall adopt procedures for the evaluation | 7383 |
| of all assistant superintendents, principals, assistant | 7384 |
| principals, and other administrators and shall evaluate such | 7385 |
| employees in accordance with those procedures. The procedures for | 7386 |
| the evaluation of principals shall utilize the framework for | 7387 |
| evaluation of principals adopted under division (C) of section | 7388 |
| 3319.112 of the Revised Code and shall be developed in | 7389 |
| consultation with principals employed by the board. An evaluation | 7390 |
|
based upon | 7391 |
| considered by the board in deciding whether to renew the contract | 7392 |
| of employment of an assistant superintendent, principal, assistant | 7393 |
| principal, or other administrator. In the case of a principal, the | 7394 |
| evaluation also shall be considered in making decisions about | 7395 |
| compensation, termination, reductions in force, and professional | 7396 |
| development. | 7397 |
| (2) The evaluation shall measure each assistant | 7398 |
| superintendent's, principal's, assistant principal's, and other | 7399 |
| administrator's effectiveness in performing the duties included in | 7400 |
| the job description and the evaluation procedures shall provide | 7401 |
| for, but not be limited to, the following: | 7402 |
| (a) Each assistant superintendent, principal, assistant | 7403 |
| principal, and other administrator shall be evaluated annually | 7404 |
| through a written evaluation process. | 7405 |
| (b) The evaluation shall be conducted by the superintendent | 7406 |
| or designee. | 7407 |
| (c) In order to provide time to show progress in correcting | 7408 |
| the deficiencies identified in the evaluation process, the | 7409 |
| evaluation process shall be completed as follows: | 7410 |
| (i) In any school year that the employee's contract of | 7411 |
| employment is not due to expire, at least one evaluation shall be | 7412 |
| completed in that year. A written copy of the evaluation shall be | 7413 |
| provided to the employee no later than the end of the employee's | 7414 |
| contract year as defined by the employee's annual salary notice. | 7415 |
| (ii) In any school year that the employee's contract of | 7416 |
| employment is due to expire, at least a preliminary evaluation and | 7417 |
| at least a final evaluation shall be completed in that year. A | 7418 |
| written copy of the preliminary evaluation shall be provided to | 7419 |
| the employee at least sixty days prior to any action by the board | 7420 |
| on the employee's contract of employment. The final evaluation | 7421 |
| shall indicate the superintendent's intended recommendation to the | 7422 |
| board regarding a contract of employment for the employee. A | 7423 |
| written copy of the evaluation shall be provided to the employee | 7424 |
| at least five days prior to the board's acting to renew or not | 7425 |
| renew the contract. | 7426 |
| (3) Termination of an assistant superintendent, principal, | 7427 |
| assistant principal, or other administrator's contract shall be | 7428 |
| pursuant to section 3319.16 of the Revised Code. Suspension of any | 7429 |
| such employee shall be pursuant to section 3319.17 or 3319.171 of | 7430 |
| the Revised Code. | 7431 |
| (4) Before taking action to renew or nonrenew the contract of | 7432 |
| an assistant superintendent, principal, assistant principal, or | 7433 |
| other administrator under this section and prior to the last day | 7434 |
| of March of the year in which such employee's contract expires, | 7435 |
| the board shall notify each such employee of the date that the | 7436 |
| contract expires and that the employee may request a meeting with | 7437 |
| the board. Upon request by such an employee, the board shall grant | 7438 |
| the employee a meeting in executive session. In that meeting, the | 7439 |
| board shall discuss its reasons for considering renewal or | 7440 |
| nonrenewal of the contract. The employee shall be permitted to | 7441 |
| have a representative, chosen by the employee, present at the | 7442 |
| meeting. | 7443 |
| (5) The establishment of an evaluation procedure shall not | 7444 |
| create an expectancy of continued employment. Nothing in division | 7445 |
| (D) of this section shall prevent a board from making the final | 7446 |
| determination regarding the renewal or nonrenewal of the contract | 7447 |
| of any assistant superintendent, principal, assistant principal, | 7448 |
| or other administrator. However, if a board fails to provide | 7449 |
| evaluations pursuant to division (D)(2)(c)(i) or (ii) of this | 7450 |
| section, or if the board fails to provide at the request of the | 7451 |
| employee a meeting as prescribed in division (D)(4) of this | 7452 |
| section, the employee automatically shall be reemployed at the | 7453 |
| same salary plus any increments that may be authorized by the | 7454 |
| board for a period of one year, except that if the employee has | 7455 |
| been employed by the district or service center as an assistant | 7456 |
| superintendent, principal, assistant principal, or other | 7457 |
| administrator for three years or more, the period of reemployment | 7458 |
| shall be for two years. | 7459 |
| (E) On nomination of the superintendent of a service center a | 7460 |
| governing board may employ supervisors who shall be employed under | 7461 |
| written contracts of employment for terms not to exceed five years | 7462 |
| each. Such contracts may be terminated by a governing board | 7463 |
| pursuant to section 3319.16 of the Revised Code. Any supervisor | 7464 |
| employed pursuant to this division may terminate the contract of | 7465 |
| employment at the end of any school year after giving the board at | 7466 |
| least thirty days' written notice prior to such termination. On | 7467 |
| the recommendation of the superintendent the contract or contracts | 7468 |
| of any supervisor employed pursuant to this division may be | 7469 |
| suspended for the remainder of the term of any such contract | 7470 |
| pursuant to section 3319.17 or 3319.171 of the Revised Code. | 7471 |
| (F) A board may establish vacation leave for any individuals | 7472 |
| employed under this section in accordance with the general leave | 7473 |
| policy the board adopts pursuant to section 3319.141 of the | 7474 |
| Revised Code. Upon such an individual's separation from | 7475 |
| employment, a board that has such leave may compensate such an | 7476 |
| individual at the individual's current rate of pay for all | 7477 |
| lawfully accrued and unused vacation leave credited at the time of | 7478 |
| separation, not to exceed the amount accrued within three years | 7479 |
| before the date of separation. In case of the death of an | 7480 |
| individual employed under this section, such unused vacation leave | 7481 |
| as the board would have paid to the individual upon separation | 7482 |
| under this section shall be paid in accordance with section | 7483 |
| 2113.04 of the Revised Code, or to the estate. | 7484 |
| (G) The board of education of any school district may | 7485 |
| contract with the governing board of the educational service | 7486 |
| center from which it otherwise receives services to conduct | 7487 |
| searches and recruitment of candidates for assistant | 7488 |
| superintendent, principal, assistant principal, and other | 7489 |
| administrator positions authorized under this section. | 7490 |
| Sec. 3319.06. (A) The board of education of each city, | 7491 |
| exempted village, or local school district may create the position | 7492 |
| of internal auditor. Any person employed by the board as an | 7493 |
| internal auditor shall hold a valid permit issued under section | 7494 |
| 4701.10 of the Revised Code to practice as a certified public | 7495 |
| accountant or a public accountant. | 7496 |
| (B) The board shall execute a written contract of employment | 7497 |
| with each internal auditor it employs. The contract shall specify | 7498 |
|
the internal auditor's duties | 7499 |
|
to be paid for performance of those duties | 7500 |
| be worked, the number of days of vacation leave, if any, that the | 7501 |
| internal auditor receives under the general leave policy the board | 7502 |
| adopts pursuant to section 3319.141 of the Revised Code; and any | 7503 |
| paid holidays in the contractual year. The salary and other | 7504 |
| compensation prescribed by the contract may be increased by the | 7505 |
| board during the term of the contract but shall not be reduced | 7506 |
| during that term unless such reduction is part of a uniform plan | 7507 |
| affecting employees of the entire district. The term of the | 7508 |
| initial contract shall not exceed three years. Any renewal of the | 7509 |
| contract shall be for a term of not less than two years and not | 7510 |
| more than five years. | 7511 |
| The internal auditor shall be directly responsible to the | 7512 |
| board for the performance of all duties outlined in the contract. | 7513 |
| If the board does not intend to renew the contract upon its | 7514 |
| expiration, the board shall provide written notice to the internal | 7515 |
| auditor of its intention not to renew the contract not later than | 7516 |
| the last day of March of the year in which the contract expires. | 7517 |
| If the board does not provide such notice by that date, the | 7518 |
| internal auditor shall be deemed reemployed for a term of one year | 7519 |
| at the same salary plus any increments that may be authorized by | 7520 |
| the board. Termination of an internal auditor's contract shall be | 7521 |
| pursuant to section 3319.16 of the Revised Code. | 7522 |
| (C) Each board that employs an internal auditor shall adopt | 7523 |
| procedures for the evaluation of the internal auditor and shall | 7524 |
| evaluate the internal auditor in accordance with those procedures. | 7525 |
| The evaluation based upon the procedures shall be considered by | 7526 |
| the board in deciding whether to renew the internal auditor's | 7527 |
| contract of employment. The establishment of an evaluation | 7528 |
| procedure shall not create an expectancy of continued employment. | 7529 |
| Nothing in this section shall prevent the board from making the | 7530 |
| final determination regarding the renewal or nonrenewal of the | 7531 |
| contract of an internal auditor. | 7532 |
| Sec. 3319.08. (A) The board of education of each city, | 7533 |
| exempted village, local, and joint vocational school district and | 7534 |
| the governing board of each educational service center shall enter | 7535 |
| into written contracts for the employment and reemployment of all | 7536 |
| teachers. Contracts for the employment of teachers shall be of two | 7537 |
| types, limited contracts and continuing contracts. The board of | 7538 |
| each school district or service center that authorizes | 7539 |
|
compensation | 7540 |
| 7541 | |
| teacher that are in addition to the teacher's regular teaching | 7542 |
| duties, shall enter into a supplemental written contract with each | 7543 |
| teacher who is to perform additional duties. Such supplemental | 7544 |
| written contracts shall be limited contracts. Such written | 7545 |
| contracts and supplemental written contracts shall set forth the | 7546 |
| teacher's duties and shall specify the salaries and compensation | 7547 |
| to be paid for regular teaching duties and additional teaching | 7548 |
| duties, respectively, either or both of which may be increased but | 7549 |
| not diminished during the term for which the contract is made, | 7550 |
| except as provided in section 3319.12 of the Revised Code. | 7551 |
| If a board adopts a motion or resolution to employ a teacher | 7552 |
| under a limited or continuing contract and the teacher accepts | 7553 |
| such employment, the failure of such parties to execute a written | 7554 |
| contract shall not void such employment contract. | 7555 |
| (B) Teachers must be paid for all time lost when the schools | 7556 |
| in which they are employed are closed due to an epidemic or other | 7557 |
| public calamity, and for time lost due to illness or otherwise for | 7558 |
| not less than five days annually as authorized by regulations | 7559 |
| which each board shall adopt. | 7560 |
| (C) A limited contract is: | 7561 |
| (1) For a superintendent, a contract for such term as | 7562 |
| authorized by section 3319.01 of the Revised Code; | 7563 |
| (2) For an assistant superintendent, principal, assistant | 7564 |
| principal, or other administrator, a contract for such term as | 7565 |
| authorized by section 3319.02 of the Revised Code; | 7566 |
| (3) For a classroom teacher, in the case of a contract | 7567 |
| entered into prior to the effective date of this amendment, a term | 7568 |
| not to exceed five years; | 7569 |
| (4) For a classroom teacher, in the case of a contract | 7570 |
| entered into on or after the effective date of this amendment, a | 7571 |
| term as authorized in division (D) of this section. | 7572 |
| (5) For all other teachers, a contract for a term not to | 7573 |
| exceed five years. | 7574 |
| (D) The term of an initial limited contract for a classroom | 7575 |
| teacher described in division (C)(4) of this section shall not | 7576 |
| exceed three years. Any subsequent limited contract entered into | 7577 |
| with that classroom teacher shall be for a term of not less than | 7578 |
| two years and not more than five years. | 7579 |
| (E) A continuing contract is a contract that remains in | 7580 |
| effect until the teacher resigns, elects to retire, or is retired | 7581 |
| pursuant to former section 3307.37 of the Revised Code, or until | 7582 |
| it is terminated or suspended and shall be granted only to the | 7583 |
| following: | 7584 |
| (1) Any teacher holding a professional, permanent, or life | 7585 |
| teacher's certificate; | 7586 |
| (2) Any teacher who | 7587 |
| to the effective date of this amendment: | 7588 |
| (a) The teacher was initially issued a teacher's certificate | 7589 |
| or educator license prior to January 1, 2011. | 7590 |
| (b) The teacher | 7591 |
| issued under section 3319.22 or 3319.222 or former section 3319.22 | 7592 |
| of the Revised Code or a senior professional educator license or | 7593 |
| lead professional educator license issued under section 3319.22 of | 7594 |
| the Revised Code. | 7595 |
| (c) The teacher | 7596 |
| following: | 7597 |
| (i) If the teacher did not hold a master's degree at the time | 7598 |
| of initially receiving a teacher's certificate under former law or | 7599 |
| an educator license, thirty semester hours of coursework in the | 7600 |
| area of licensure or in an area related to the teaching field | 7601 |
| since the initial issuance of such certificate or license, as | 7602 |
| specified in rules which the state board of education shall adopt; | 7603 |
| (ii) If the teacher held a master's degree at the time of | 7604 |
| initially receiving a teacher's certificate under former law or an | 7605 |
| educator license, six semester hours of graduate coursework in the | 7606 |
| area of licensure or in an area related to the teaching field | 7607 |
| since the initial issuance of such certificate or license, as | 7608 |
| specified in rules which the state board shall adopt. | 7609 |
| | 7610 |
| | 7611 |
| 7612 |
| ( | 7613 |
| 7614 | |
| 7615 |
| | 7616 |
| 7617 |
| | 7618 |
| 7619 |
| | 7620 |
| 7621 | |
| 7622 | |
| 7623 | |
| 7624 |
| | 7625 |
| 7626 | |
| 7627 | |
| 7628 | |
| 7629 |
| | 7630 |
|
continuing contracts entered into on or after | 7631 |
| 7632 | |
| section by S.B. 5 of the 129th general assembly. Nothing in that | 7633 |
| division shall be construed to void or otherwise affect a | 7634 |
| continuing contract entered into prior to that date. | 7635 |
| Notwithstanding any provision to the contrary in Chapter | 7636 |
|
4117. of the Revised Code | 7637 |
| (1) The requirements of division | 7638 |
| as it existed prior to the effective date of this amendment, | 7639 |
| prevail over any conflicting provisions of a collective bargaining | 7640 |
|
agreement entered into | 7641 |
| 7642 |
| (2) The requirements of division (E) of this section, as it | 7643 |
| exists on and after the effective date of this amendment, prevail | 7644 |
| over any conflicting provisions of a collective bargaining | 7645 |
| agreement entered into on or after that effective date. | 7646 |
| | 7647 |
| section without reference to a specific type of educator license, | 7648 |
| the term does not include an educator license for substitute | 7649 |
| teaching issued under section 3319.226 of the Revised Code. | 7650 |
| Sec. 3319.084. In all school districts each full-time | 7651 |
| nonteaching school employee including full-time hourly-rate and | 7652 |
|
per diem employees | 7653 |
| 7654 | |
| 7655 | |
|
vacation leave with full pay | 7656 |
| 7657 | |
| 7658 | |
| 7659 | |
| 7660 | |
| 7661 | |
|
board of education | 7662 |
| 7663 | |
| 7664 | |
| section 3319.141 of the Revised Code. | 7665 |
| Upon separation from employment a nonteaching school employee | 7666 |
|
shall be entitled to compensation at | 7667 |
| employee's current rate of pay for all lawfully accrued and unused | 7668 |
|
vacation leave to | 7669 |
| the time of separation, not to exceed the vacation leave accrued | 7670 |
|
to | 7671 |
|
immediately preceding | 7672 |
| 7673 | |
| leave for the current year. In case of the death of a non-teaching | 7674 |
| school employee such accrued and unused vacation leave and | 7675 |
| prorated portion for the current year shall be paid in accordance | 7676 |
|
with section 2113.04 of the Revised Code, or to | 7677 |
| nonteaching school employee's estate. | 7678 |
| For the purposes of this section, a full-time employee is a | 7679 |
| person who is in service for not less than eleven months in each | 7680 |
| calendar year. A board of education may establish vacation leave | 7681 |
| for employees who are in service less than eleven months in each | 7682 |
| calendar year in accordance with the general leave policy the | 7683 |
| board adopts pursuant to section 3319.141 of the Revised Code. | 7684 |
| Sec. 3319.085. Any nonteaching school employee who, | 7685 |
| subsequent to September 1, 1962, has left, or leaves, the employ | 7686 |
| of a board of education for the purpose of entering on extended | 7687 |
| active duty in the armed services of the United States or the | 7688 |
| auxiliaries thereof, and within eight weeks enters such service | 7689 |
| and who has returned, or returns, from such service with an | 7690 |
| honorable discharge or certificate of service shall be re-employed | 7691 |
|
by the board of education of the district in which | 7692 |
| nonteaching school employee held such school position, under the | 7693 |
|
same type of contract as that which | 7694 |
| employee last held in such district, if such nonteaching school | 7695 |
| employee applies, within ninety days after such discharge, to such | 7696 |
| board of education for re-employment. Upon such application, such | 7697 |
| nonteaching school employee shall be re-employed at the first of | 7698 |
| the next school semester, if such application is made not less | 7699 |
| than thirty days prior to the first of such next school semester, | 7700 |
| in which case such nonteaching school employee shall be | 7701 |
| re-employed the first of the following school semester, unless the | 7702 |
| board of education waives the requirement for such thirty-day | 7703 |
| period. | 7704 |
| For the purposes of seniority | 7705 |
| 7706 | |
| services of the United States or the auxiliaries thereof shall not | 7707 |
| exceed four, and shall be counted as though school service had | 7708 |
| been performed during such time. | 7709 |
| The board of education of this district in which such | 7710 |
| nonteaching school employee was employed and is re-employed under | 7711 |
| this section may suspend the contract of the nonteaching school | 7712 |
| employee whose services become unnecessary by reason of the return | 7713 |
| of a nonteaching school employee from service in the armed | 7714 |
| services or auxiliaries thereof. | 7715 |
| Sec. 3319.088. As used in this section, "educational | 7716 |
| assistant" means any nonteaching employee in a school district who | 7717 |
| directly assists a teacher as defined in section 3319.09 of the | 7718 |
| Revised Code, by performing duties for which a license issued | 7719 |
| pursuant to sections 3319.22 to 3319.30 of the Revised Code is not | 7720 |
| required. | 7721 |
| (A) The state board of education shall issue educational aide | 7722 |
| permits and educational paraprofessional licenses for educational | 7723 |
| assistants and shall adopt rules for the issuance and renewal of | 7724 |
| such permits and licenses which shall be consistent with the | 7725 |
| provisions of this section. Educational aide permits and | 7726 |
| educational paraprofessional licenses may be of several types and | 7727 |
| the rules shall prescribe the minimum qualifications of education, | 7728 |
| health, and character for the service to be authorized under each | 7729 |
| type. The prescribed minimum qualifications may require special | 7730 |
| training or educational courses designed to qualify a person to | 7731 |
| perform effectively the duties authorized under an educational | 7732 |
| aide permit or educational paraprofessional license. | 7733 |
| (B)(1) Any application for a permit or license, or a renewal | 7734 |
| or duplicate of a permit or license, under this section shall be | 7735 |
| accompanied by the payment of a fee in the amount established | 7736 |
| under division (A) of section 3319.51 of the Revised Code. Any | 7737 |
| fees received under this division shall be paid into the state | 7738 |
| treasury to the credit of the state board of education licensure | 7739 |
| fund established under division (B) of section 3319.51 of the | 7740 |
| Revised Code. | 7741 |
| (2) Any person applying for or holding a permit or license | 7742 |
| pursuant to this section is subject to sections 3123.41 to 3123.50 | 7743 |
| of the Revised Code and any applicable rules adopted under section | 7744 |
| 3123.63 of the Revised Code and sections 3319.31 and 3319.311 of | 7745 |
| the Revised Code. | 7746 |
| (C) Educational assistants shall at all times while in the | 7747 |
| performance of their duties be under the supervision and direction | 7748 |
| of a teacher as defined in section 3319.09 of the Revised Code. | 7749 |
| Educational assistants may assist a teacher to whom assigned in | 7750 |
| the supervision of pupils, in assisting with instructional tasks, | 7751 |
| and in the performance of duties which, in the judgment of the | 7752 |
| teacher to whom the assistant is assigned, may be performed by a | 7753 |
| person not licensed pursuant to sections 3319.22 to 3319.30 of the | 7754 |
| Revised Code and for which a teaching license, issued pursuant to | 7755 |
| sections 3319.22 to 3319.30 of the Revised Code is not required. | 7756 |
| The duties of an educational assistant shall not include the | 7757 |
| assignment of grades to pupils. The duties of an educational | 7758 |
| assistant need not be performed in the physical presence of the | 7759 |
| teacher to whom assigned, but the activity of an educational | 7760 |
| assistant shall at all times be under the direction of the teacher | 7761 |
| to whom assigned. The assignment of an educational assistant need | 7762 |
| not be limited to assisting a single teacher. In the event an | 7763 |
| educational assistant is assigned to assist more than one teacher | 7764 |
| the assignments shall be clearly delineated and so arranged that | 7765 |
| the educational assistant shall never be subject to simultaneous | 7766 |
| supervision or direction by more than one teacher. | 7767 |
| Educational assistants assigned to supervise children shall, | 7768 |
| when the teacher to whom assigned is not physically present, | 7769 |
| maintain the degree of control and discipline that would be | 7770 |
| maintained by the teacher. | 7771 |
| Educational assistants may not be used in place of classroom | 7772 |
| teachers or other employees and any payment of compensation by | 7773 |
| boards of education to educational assistants for such services is | 7774 |
| prohibited. The ratio between the number of licensed teachers and | 7775 |
| the pupils in a school district may not be decreased by | 7776 |
| utilization of educational assistants and no grouping, or other | 7777 |
| organization of pupils, for utilization of educational assistants | 7778 |
| shall be established which is inconsistent with sound educational | 7779 |
| practices and procedures. A school district may employ up to one | 7780 |
| full time equivalent educational assistant for each six full time | 7781 |
| equivalent licensed employees of the district. Educational | 7782 |
| assistants shall not be counted as licensed employees for purposes | 7783 |
| of state support in the school foundation program and no grouping | 7784 |
| or regrouping of pupils with educational assistants may be counted | 7785 |
| as a class or unit for school foundation program purposes. Neither | 7786 |
| special courses required by the regulations of the state board of | 7787 |
| education, prescribing minimum qualifications of education for an | 7788 |
| educational assistant, nor years of service as an educational | 7789 |
| assistant shall be counted in any way toward qualifying for a | 7790 |
|
teacher license | 7791 |
| 7792 | |
| 7793 |
| (D) Educational assistants employed by a board of education | 7794 |
| shall have all rights, benefits, and legal protection available to | 7795 |
| other nonteaching employees in the school district, except that | 7796 |
| provisions of Chapter 124. of the Revised Code shall not apply to | 7797 |
| any person employed as an educational assistant, and shall be | 7798 |
| members of the school employees retirement system. Educational | 7799 |
| assistants shall be compensated according to a salary plan adopted | 7800 |
| annually by the board. | 7801 |
| Except as provided in this section nonteaching employees | 7802 |
| shall not serve as educational assistants without first obtaining | 7803 |
| an appropriate educational aide permit or educational | 7804 |
| paraprofessional license from the state board of education. A | 7805 |
| nonteaching employee who is the holder of a valid educational aide | 7806 |
| permit or educational paraprofessional license shall neither | 7807 |
| render nor be required to render services inconsistent with the | 7808 |
| type of services authorized by the permit or license held. No | 7809 |
| person shall receive compensation from a board of education for | 7810 |
| services rendered as an educational assistant in violation of this | 7811 |
| provision. | 7812 |
| Nonteaching employees whose functions are solely | 7813 |
| secretarial-clerical and who do not perform any other duties as | 7814 |
| educational assistants, even though they assist a teacher and work | 7815 |
| under the direction of a teacher shall not be required to hold a | 7816 |
| permit or license issued pursuant to this section. Students | 7817 |
| preparing to become licensed teachers or educational assistants | 7818 |
| shall not be required to hold an educational aide permit or | 7819 |
| paraprofessional license for such periods of time as such students | 7820 |
| are assigned, as part of their training program, to work with a | 7821 |
| teacher in a school district. Such students shall not be | 7822 |
| compensated for such services. | 7823 |
| Following the determination of the assignment and general job | 7824 |
| description of an educational assistant and subject to supervision | 7825 |
| by the teacher's immediate administrative officer, a teacher to | 7826 |
| whom an educational assistant is assigned shall make all final | 7827 |
| determinations of the duties to be assigned to such assistant. | 7828 |
| Teachers shall not be required to hold a license designated for | 7829 |
| being a supervisor or administrator in order to perform the | 7830 |
| necessary supervision of educational assistants. | 7831 |
| (E) No person who is, or who has been employed as an | 7832 |
| educational assistant shall divulge, except to the teacher to whom | 7833 |
| assigned, or the administrator of the school in the absence of the | 7834 |
| teacher to whom assigned, or when required to testify in a court | 7835 |
| or proceedings, any personal information concerning any pupil in | 7836 |
| the school district which was obtained or obtainable by the | 7837 |
| educational assistant while so employed. Violation of this | 7838 |
| provision is grounds for disciplinary action or dismissal, or | 7839 |
| both. | 7840 |
| Sec. 3319.09. As used in sections 3319.08 to 3319.18, | 7841 |
| inclusive, of the Revised Code: | 7842 |
| (A) "Teacher" means all persons licensed to teach and who are | 7843 |
| employed in the public schools of this state as instructors, | 7844 |
| principals, supervisors, superintendents, or in any other | 7845 |
| educational position for which the state board of education | 7846 |
| requires licensure under sections 3319.22 to 3319.31 of the | 7847 |
| Revised Code including persons having a license issued pursuant to | 7848 |
| sections 3319.22 to 3319.31 of the Revised Code and employed in an | 7849 |
| educational position, as determined by the state board of | 7850 |
| education, under programs provided for by federal acts or | 7851 |
| regulations and financed in whole or in part from federal funds, | 7852 |
| but for which no licensure requirements for the position can be | 7853 |
| made under the provisions of such federal acts or regulations. | 7854 |
| (B) "Year" as applied to term of service means actual service | 7855 |
| of not less than one hundred twenty days within a school year; | 7856 |
| provided that any board of education may grant a leave of absence | 7857 |
| for professional advancement with full credit for service in | 7858 |
| accordance with the general leave policy the board adopts pursuant | 7859 |
| to section 3319.141 of the Revised Code, if applicable. | 7860 |
| (C) "Continuing service status" for a teacher means | 7861 |
| employment under a continuing contract. | 7862 |
| Sec. 3319.10. Teachers may be employed as substitute | 7863 |
| teachers for terms not to exceed one year for assignment as | 7864 |
| services are needed to take the place of regular teachers absent | 7865 |
| on account of illness or on leaves of absence or to fill | 7866 |
| temporarily positions created by emergencies; such assignment to | 7867 |
| be subject to termination when such services no longer are needed. | 7868 |
| A teacher employed as a substitute with an assignment to one | 7869 |
| specific teaching position shall after sixty days of service be | 7870 |
| granted sick leave, visiting days, and other local privileges | 7871 |
|
granted to regular teachers including a salary | 7872 |
| 7873 | |
| performance as described in section 3317.13 of the Revised Code | 7874 |
| and in accordance with the general leave policy the board of | 7875 |
| education or governing board of an educational service center that | 7876 |
| employs the teacher adopts pursuant to section 3319.141 of the | 7877 |
| Revised Code. | 7878 |
| A teacher employed as a substitute for one hundred twenty | 7879 |
| days or more during a school year and re-employed for or assigned | 7880 |
| to a specific teaching position for the succeeding year shall | 7881 |
| receive a contract as a regular teacher if the substitute meets | 7882 |
| the local educational requirements for the employment of regular | 7883 |
| teachers. | 7884 |
| Teachers employed as substitutes on a casual or day-to-day | 7885 |
| basis shall not be entitled to the notice of nonre-employment | 7886 |
| prescribed in section 3319.11 of the Revised Code, but boards of | 7887 |
| education may grant such teachers sick leave and other local | 7888 |
| privileges in accordance with the general leave policy the board | 7889 |
| adopts pursuant to section 3319.141 of the Revised Code and | 7890 |
| cumulate such service in determining seniority. | 7891 |
| For purposes of determining in any school year the days of | 7892 |
| service of a substitute teacher under this section, any teacher's | 7893 |
| days of service in that school year while conditionally employed | 7894 |
| as a substitute teacher under section 3319.101 of the Revised Code | 7895 |
| shall count as days of service as a substitute teacher under this | 7896 |
| section. | 7897 |
| Sec. 3319.11. (A) As used in this section: | 7898 |
| (1) "Evaluation procedures" means the procedures required by | 7899 |
|
the policy adopted pursuant to division | 7900 |
| of the Revised Code. | 7901 |
| (2) "Limited contract" means a limited contract, as described | 7902 |
| in section 3319.08 of the Revised Code, that a school district | 7903 |
| board of education or governing board of an educational service | 7904 |
| center enters into with a teacher who is not eligible for | 7905 |
| continuing service status. | 7906 |
| (3) "Extended limited contract" means a limited contract, as | 7907 |
| described in section 3319.08 of the Revised Code, that a board of | 7908 |
| education or governing board enters into with a teacher who is | 7909 |
| eligible for continuing service status. | 7910 |
| (B) Teachers eligible for continuing service status in any | 7911 |
| city, exempted village, local, or joint vocational school district | 7912 |
| or educational service center shall be those teachers qualified as | 7913 |
|
described in division | 7914 |
|
Code, who within the | 7915 |
| of this amendment have taught for at least three years in the | 7916 |
| district or center, and those teachers who, having attained | 7917 |
| continuing contract status elsewhere, have served two years in the | 7918 |
| district or center, but the board, upon the recommendation of the | 7919 |
| superintendent, may at the time of employment or at any time | 7920 |
| within such two-year period, declare any of the latter teachers | 7921 |
| eligible. Notwithstanding any provision to the contrary in Chapter | 7922 |
| 4117. of the Revised Code, the requirements of this paragraph | 7923 |
| prevail over any conflicting provisions of a collective bargaining | 7924 |
| agreement entered into on or after the effective date of this | 7925 |
| amendment. | 7926 |
| (1) Upon the recommendation of the superintendent that a | 7927 |
| teacher eligible for continuing service status be reemployed, a | 7928 |
| continuing contract shall be entered into between the board and | 7929 |
| the teacher unless the board by a three-fourths vote of its full | 7930 |
| membership rejects the recommendation of the superintendent. If | 7931 |
| the board rejects by a three-fourths vote of its full membership | 7932 |
| the recommendation of the superintendent that a teacher eligible | 7933 |
| for continuing service status be reemployed and the superintendent | 7934 |
| makes no recommendation to the board pursuant to division (C) of | 7935 |
| this section, the board may declare its intention not to reemploy | 7936 |
| the teacher by giving the teacher written notice on or before the | 7937 |
| thirtieth day of April of its intention not to reemploy the | 7938 |
| teacher. If evaluation procedures have not been complied with | 7939 |
|
pursuant to | 7940 |
| or the board does not give the teacher written notice on or before | 7941 |
| the thirtieth day of April of its intention not to reemploy the | 7942 |
| teacher, the teacher is deemed reemployed under an extended | 7943 |
| limited contract for a term not to exceed one year at the same | 7944 |
|
salary | 7945 |
| teacher is presumed to have accepted employment under the extended | 7946 |
| limited contract for a term not to exceed one year unless such | 7947 |
| teacher notifies the board in writing to the contrary on or before | 7948 |
| the first day of June, and an extended limited contract for a term | 7949 |
| not to exceed one year shall be executed accordingly. Upon any | 7950 |
| subsequent reemployment of the teacher only a continuing contract | 7951 |
| may be entered into. | 7952 |
| (2) If the superintendent recommends that a teacher eligible | 7953 |
| for continuing service status not be reemployed, the board may | 7954 |
| declare its intention not to reemploy the teacher by giving the | 7955 |
| teacher written notice on or before the thirtieth day of April of | 7956 |
| its intention not to reemploy the teacher. If evaluation | 7957 |
|
procedures have not been complied with pursuant to | 7958 |
| section 3319.111 of the Revised Code or the board does not give | 7959 |
| the teacher written notice on or before the thirtieth day of April | 7960 |
| of its intention not to reemploy the teacher, the teacher is | 7961 |
| deemed reemployed under an extended limited contract for a term | 7962 |
|
not to exceed one year at the same salary | 7963 |
| 7964 | |
| accepted employment under the extended limited contract for a term | 7965 |
| not to exceed one year unless such teacher notifies the board in | 7966 |
| writing to the contrary on or before the first day of June, and an | 7967 |
| extended limited contract for a term not to exceed one year shall | 7968 |
| be executed accordingly. Upon any subsequent reemployment of a | 7969 |
| teacher only a continuing contract may be entered into. | 7970 |
| (3) Any teacher receiving written notice of the intention of | 7971 |
| a board not to reemploy such teacher pursuant to this division is | 7972 |
| entitled to the hearing provisions of division (G) of this | 7973 |
| section. | 7974 |
| (C)(1) If a board rejects the recommendation of the | 7975 |
| superintendent for reemployment of a teacher pursuant to division | 7976 |
| (B)(1) of this section, the superintendent may recommend | 7977 |
| reemployment of the teacher, if continuing service status has not | 7978 |
| previously been attained elsewhere, under an extended limited | 7979 |
| contract for a term not to exceed two years, provided that written | 7980 |
| notice of the superintendent's intention to make such | 7981 |
| recommendation has been given to the teacher with reasons directed | 7982 |
| at the professional improvement of the teacher on or before the | 7983 |
| thirtieth day of April. Upon subsequent reemployment of the | 7984 |
| teacher only a continuing contract may be entered into. | 7985 |
| (2) If a board of education takes affirmative action on a | 7986 |
| superintendent's recommendation, made pursuant to division (C)(1) | 7987 |
| of this section, of an extended limited contract for a term not to | 7988 |
| exceed two years but the board does not give the teacher written | 7989 |
| notice of its affirmative action on the superintendent's | 7990 |
| recommendation of an extended limited contract on or before the | 7991 |
| thirtieth day of April, the teacher is deemed reemployed under a | 7992 |
|
continuing contract at the same salary | 7993 |
| 7994 | |
| employment under such continuing contract unless such teacher | 7995 |
| notifies the board in writing to the contrary on or before the | 7996 |
| first day of June, and a continuing contract shall be executed | 7997 |
| accordingly. | 7998 |
| (3) A board shall not reject a superintendent's | 7999 |
| recommendation, made pursuant to division (C)(1) of this section, | 8000 |
| of an extended limited contract for a term not to exceed two years | 8001 |
| except by a three-fourths vote of its full membership. If a board | 8002 |
| rejects by a three-fourths vote of its full membership the | 8003 |
| recommendation of the superintendent of an extended limited | 8004 |
| contract for a term not to exceed two years, the board may declare | 8005 |
| its intention not to reemploy the teacher by giving the teacher | 8006 |
| written notice on or before the thirtieth day of April of its | 8007 |
| intention not to reemploy the teacher. If evaluation procedures | 8008 |
|
have not been complied with pursuant to | 8009 |
| 3319.111 of the Revised Code or if the board does not give the | 8010 |
| teacher written notice on or before the thirtieth day of April of | 8011 |
| its intention not to reemploy the teacher, the teacher is deemed | 8012 |
| reemployed under an extended limited contract for a term not to | 8013 |
|
exceed one year at the same salary | 8014 |
| 8015 | |
| employment under the extended limited contract for a term not to | 8016 |
| exceed one year unless such teacher notifies the board in writing | 8017 |
| to the contrary on or before the first day of June, and an | 8018 |
| extended limited contract for a term not to exceed one year shall | 8019 |
| be executed accordingly. Upon any subsequent reemployment of the | 8020 |
| teacher only a continuing contract may be entered into. | 8021 |
| Any teacher receiving written notice of the intention of a | 8022 |
| board not to reemploy such teacher pursuant to this division is | 8023 |
| entitled to the hearing provisions of division (G) of this | 8024 |
| section. | 8025 |
| (D) A teacher eligible for continuing contract status | 8026 |
| employed under an extended limited contract pursuant to division | 8027 |
| (B) or (C) of this section, is, at the expiration of such extended | 8028 |
| limited contract, deemed reemployed under a continuing contract at | 8029 |
|
the same salary | 8030 |
| unless evaluation procedures have been complied with pursuant to | 8031 |
| 8032 | |
| employing board, acting on the superintendent's recommendation | 8033 |
| that the teacher not be reemployed, gives the teacher written | 8034 |
| notice on or before the thirtieth day of April of its intention | 8035 |
| not to reemploy such teacher. A teacher who does not have | 8036 |
|
evaluation procedures applied in compliance with | 8037 |
| section 3319.111 of the Revised Code or who does not receive | 8038 |
| notice on or before the thirtieth day of April of the intention of | 8039 |
| the board not to reemploy such teacher is presumed to have | 8040 |
| accepted employment under a continuing contract unless such | 8041 |
| teacher notifies the board in writing to the contrary on or before | 8042 |
| the first day of June, and a continuing contract shall be executed | 8043 |
| accordingly. | 8044 |
| Any teacher receiving a written notice of the intention of a | 8045 |
| board not to reemploy such teacher pursuant to this division is | 8046 |
| entitled to the hearing provisions of division (G) of this | 8047 |
| section. | 8048 |
| (E) | 8049 |
| 8050 | |
| 8051 | |
| 8052 | |
| each teacher employed by the board who is not eligible to be | 8053 |
| considered for a continuing contract. | 8054 |
| Any teacher employed under a limited contract, and not | 8055 |
| eligible to be considered for a continuing contract, is, at the | 8056 |
| expiration of such limited contract, considered reemployed under | 8057 |
|
the provisions of this division at the same salary | 8058 |
| 8059 | |
|
procedures have been complied with pursuant to | 8060 |
| section 3319.111 of the Revised Code and the employing board, | 8061 |
| acting upon the superintendent's written recommendation that the | 8062 |
| teacher not be reemployed, gives such teacher written notice of | 8063 |
| its intention not to reemploy such teacher on or before the | 8064 |
| thirtieth day of April. A teacher who does not have evaluation | 8065 |
|
procedures applied in compliance with | 8066 |
| 3319.111 of the Revised Code or who does not receive notice of the | 8067 |
| intention of the board not to reemploy such teacher on or before | 8068 |
| the thirtieth day of April is presumed to have accepted such | 8069 |
| employment unless such teacher notifies the board in writing to | 8070 |
| the contrary on or before the first day of June, and a written | 8071 |
| contract for the succeeding school year shall be executed | 8072 |
| accordingly. | 8073 |
| Any teacher receiving a written notice of the intention of a | 8074 |
| board not to reemploy such teacher pursuant to this division is | 8075 |
| entitled to the hearing provisions of division (G) of this | 8076 |
| section. | 8077 |
| (F) The failure of a superintendent to make a recommendation | 8078 |
| to the board under any of the conditions set forth in divisions | 8079 |
| (B) to (E) of this section, or the failure of the board to give | 8080 |
| such teacher a written notice pursuant to divisions (C) to (E) of | 8081 |
| this section shall not prejudice or prevent a teacher from being | 8082 |
| deemed reemployed under either a limited or continuing contract as | 8083 |
| the case may be under the provisions of this section. A failure of | 8084 |
| the parties to execute a written contract shall not void any | 8085 |
| automatic reemployment provisions of this section. | 8086 |
| (G)(1) Any teacher receiving written notice of the intention | 8087 |
| of a board of education not to reemploy such teacher pursuant to | 8088 |
| division (B), (C)(3), (D), or (E) of this section may, within ten | 8089 |
| days of the date of receipt of the notice, file with the treasurer | 8090 |
| of the board a written demand for a written statement describing | 8091 |
| the circumstances that led to the board's intention not to | 8092 |
| reemploy the teacher. | 8093 |
| (2) The treasurer of a board, on behalf of the board, shall, | 8094 |
| within ten days of the date of receipt of a written demand for a | 8095 |
| written statement pursuant to division (G)(1) of this section, | 8096 |
| provide to the teacher a written statement describing the | 8097 |
| circumstances that led to the board's intention not to reemploy | 8098 |
| the teacher. | 8099 |
| (3) Any teacher receiving a written statement describing the | 8100 |
| circumstances that led to the board's intention not to reemploy | 8101 |
| the teacher pursuant to division (G)(2) of this section may, | 8102 |
| within five days of the date of receipt of the statement, file | 8103 |
| with the treasurer of the board a written demand for a hearing | 8104 |
| before the board pursuant to divisions (G)(4) to (6) of this | 8105 |
| section. | 8106 |
| (4) The treasurer of a board, on behalf of the board, shall, | 8107 |
| within ten days of the date of receipt of a written demand for a | 8108 |
| hearing pursuant to division (G)(3) of this section, provide to | 8109 |
| the teacher a written notice setting forth the time, date, and | 8110 |
| place of the hearing. The board shall schedule and conclude the | 8111 |
| hearing within forty days of the date on which the treasurer of | 8112 |
| the board receives a written demand for a hearing pursuant to | 8113 |
| division (G)(3) of this section. | 8114 |
| (5) Any hearing conducted pursuant to this division shall be | 8115 |
| conducted by a majority of the members of the board. The hearing | 8116 |
| shall be held in executive session of the board unless the board | 8117 |
| and the teacher agree to hold the hearing in public. The | 8118 |
| superintendent, assistant superintendent, the teacher, and any | 8119 |
| person designated by either party to take a record of the hearing | 8120 |
| may be present at the hearing. The board may be represented by | 8121 |
| counsel and the teacher may be represented by counsel or a | 8122 |
| designee. A record of the hearing may be taken by either party at | 8123 |
| the expense of the party taking the record. | 8124 |
| (6) Within ten days of the conclusion of a hearing conducted | 8125 |
| pursuant to this division, the board shall issue to the teacher a | 8126 |
| written decision containing an order affirming the intention of | 8127 |
| the board not to reemploy the teacher reported in the notice given | 8128 |
| to the teacher pursuant to division (B), (C)(3), (D), or (E) of | 8129 |
| this section or an order vacating the intention not to reemploy | 8130 |
| and expunging any record of the intention, notice of the | 8131 |
| intention, and the hearing conducted pursuant to this division. | 8132 |
| (7) A teacher may appeal an order affirming the intention of | 8133 |
| the board not to reemploy the teacher to the court of common pleas | 8134 |
| of the county in which the largest portion of the territory of the | 8135 |
| school district or service center is located, within thirty days | 8136 |
| of the date on which the teacher receives the written decision, on | 8137 |
| the grounds that the board has not complied with this section or | 8138 |
| section 3319.111 of the Revised Code. | 8139 |
| Notwithstanding section 2506.04 of the Revised Code, the | 8140 |
| court in an appeal under this division is limited to the | 8141 |
| determination of procedural errors and to ordering the correction | 8142 |
| of procedural errors and shall have no jurisdiction to order a | 8143 |
| board to reemploy a teacher, except that the court may order a | 8144 |
| board to reemploy a teacher in compliance with the requirements of | 8145 |
| division (B), (C)(3), (D), or (E) of this section when the court | 8146 |
| determines that evaluation procedures have not been complied with | 8147 |
|
pursuant to | 8148 |
| or the board has not given the teacher written notice on or before | 8149 |
| the thirtieth day of April of its intention not to reemploy the | 8150 |
| teacher pursuant to division (B), (C)(3), (D), or (E) of this | 8151 |
| section. Otherwise, the determination whether to reemploy or not | 8152 |
| reemploy a teacher is solely a board's determination and not a | 8153 |
| proper subject of judicial review and, except as provided in this | 8154 |
| division, no decision of a board whether to reemploy or not | 8155 |
| reemploy a teacher shall be invalidated by the court on any basis, | 8156 |
| including that the decision was not warranted by the results of | 8157 |
| any evaluation or was not warranted by any statement given | 8158 |
| pursuant to division (G)(2) of this section. | 8159 |
| No appeal of an order of a board may be made except as | 8160 |
| specified in this division. | 8161 |
| (H)(1) In giving a teacher any notice required by division | 8162 |
| (B), (C), (D), or (E) of this section, the board or the | 8163 |
| superintendent shall do either of the following: | 8164 |
| (a) Deliver the notice by personal service upon the teacher; | 8165 |
| (b) Deliver the notice by certified mail, return receipt | 8166 |
| requested, addressed to the teacher at the teacher's place of | 8167 |
| employment and deliver a copy of the notice by certified mail, | 8168 |
| return receipt requested, addressed to the teacher at the | 8169 |
| teacher's place of residence. | 8170 |
| (2) In giving a board any notice required by division (B), | 8171 |
| (C), (D), or (E) of this section, the teacher shall do either of | 8172 |
| the following: | 8173 |
| (a) Deliver the notice by personal delivery to the office of | 8174 |
| the superintendent during regular business hours; | 8175 |
| (b) Deliver the notice by certified mail, return receipt | 8176 |
| requested, addressed to the office of the superintendent and | 8177 |
| deliver a copy of the notice by certified mail, return receipt | 8178 |
| requested, addressed to the president of the board at the | 8179 |
| president's place of residence. | 8180 |
| (3) When any notice and copy of the notice are mailed | 8181 |
| pursuant to division (H)(1)(b) or (2)(b) of this section, the | 8182 |
| notice or copy of the notice with the earlier date of receipt | 8183 |
| shall constitute the notice for the purposes of division (B), (C), | 8184 |
| (D), or (E) of this section. | 8185 |
| (I) The provisions of this section shall not apply to any | 8186 |
| supplemental written contracts entered into pursuant to section | 8187 |
| 3319.08 of the Revised Code. | 8188 |
| Sec. 3319.111. (A) | 8189 |
|
board of education | 8190 |
| with teachers employed by the board, shall adopt a policy for the | 8191 |
| evaluation of teachers that complies with this section. The policy | 8192 |
| shall utilize the framework for evaluation of teachers adopted | 8193 |
| under division (C) of section 3319.112 of the Revised Code and | 8194 |
| shall specify the relative weight of each factor described in | 8195 |
| divisions (A)(1) to (3) of that section in the overall evaluation | 8196 |
| and how each of those factors will be assessed. The policy may | 8197 |
| require evaluations to include consideration of additional aspects | 8198 |
| of teacher performance designated by the board. The policy shall | 8199 |
| establish a teacher evaluation system that does the following: | 8200 |
| (1) Is evidence-based and uses multiple measures of a | 8201 |
| teacher's use of knowledge and skills and of students' academic | 8202 |
| progress; | 8203 |
| (2) Is aligned with the standards for teachers adopted under | 8204 |
| section 3319.61 of the Revised Code; | 8205 |
| (3) Provides statements of expectation for professional | 8206 |
| performance and establishes specific criteria of expected job | 8207 |
| performance in the areas of responsibility assigned to the | 8208 |
| teacher; | 8209 |
| (4) Requires observation of the teacher being evaluated by | 8210 |
| the person conducting the evaluation on at least two occasions for | 8211 |
| not less than thirty minutes on each occasion; | 8212 |
| (5) Requires that each teacher be provided with a written | 8213 |
| report of the results of the teacher's evaluation that includes | 8214 |
| specific recommendations for any improvements needed in the | 8215 |
| teacher's performance, suggestions for professional development | 8216 |
| that will enhance future performance in areas that do not meet | 8217 |
| expected performance levels, and information on how to obtain | 8218 |
| assistance in making needed improvements. | 8219 |
| (B)(1) The board shall conduct an evaluation of each teacher | 8220 |
| employed by the board at least once each school year, unless | 8221 |
| division (B)(2) of this section applies. The evaluation shall be | 8222 |
| completed by the first day of April and the teacher shall receive | 8223 |
| a written report of the results of the evaluation by the tenth day | 8224 |
| of April. | 8225 |
| (2) If the board has entered into | 8226 |
|
extended limited contract with | 8227 |
|
3319.11 of the Revised Code, the board shall evaluate | 8228 |
|
teacher | 8229 |
| least twice in any school year in which the board may wish to | 8230 |
| declare its intention not to re-employ the teacher pursuant to | 8231 |
|
division (B), (C)(3), (D), or (E) of that section | 8232 |
| 8233 |
| | 8234 |
| 8235 | |
| 8236 | |
| and completed not later than the fifteenth day of January and the | 8237 |
| teacher being evaluated shall receive a written report of the | 8238 |
| results of this evaluation not later than the twenty-fifth day of | 8239 |
| January. One evaluation shall be conducted and completed between | 8240 |
| the tenth day of February and the first day of April and the | 8241 |
| teacher being evaluated shall receive a written report of the | 8242 |
| results of this evaluation not later than the tenth day of April. | 8243 |
| | 8244 |
| shall be conducted by one or more of the following: | 8245 |
| (1) A person who is under contract with | 8246 |
| 8247 | |
| Code and holds a license designated for being a superintendent, | 8248 |
| assistant superintendent, or principal issued under section | 8249 |
| 3319.22 of the Revised Code; | 8250 |
| (2) A person who is under contract with | 8251 |
| 8252 | |
| holds a license designated for being a vocational director or a | 8253 |
| supervisor in any educational area issued under section 3319.22 of | 8254 |
| the Revised Code; | 8255 |
| (3) A person designated to conduct evaluations under an | 8256 |
|
agreement providing for peer review entered into by | 8257 |
| 8258 | |
| board. | 8259 |
| | 8260 |
| 8261 | |
| 8262 | |
| 8263 |
| | 8264 |
| 8265 |
| | 8266 |
| 8267 | |
| 8268 |
| | 8269 |
| 8270 | |
| 8271 | |
| 8272 | |
| 8273 |
| | 8274 |
| this section to inform decisions about compensation, nonrenewal of | 8275 |
| employment contracts, termination, reductions in force, and | 8276 |
| professional development. | 8277 |
| (E) The board, its members, and any person conducting an | 8278 |
| evaluation on behalf of the board in good faith and in accordance | 8279 |
| with this section shall be immune from any civil liability that | 8280 |
| otherwise might be incurred or imposed for injury, death, or loss | 8281 |
| to person or property as a result of conducting the evaluation. | 8282 |
| (F) Notwithstanding any provision to the contrary in Chapter | 8283 |
| 4117. of the Revised Code, the requirements of this section | 8284 |
| prevail over any conflicting provisions of a collective bargaining | 8285 |
| agreement entered into on or after the effective date of this | 8286 |
| section. | 8287 |
| (G) This section does not apply to | 8288 |
| and administrators subject to evaluation procedures under sections | 8289 |
| 3319.01 and 3319.02 of the Revised Code or to any teacher employed | 8290 |
| as a substitute for less than one hundred twenty days during a | 8291 |
| school year pursuant to section 3319.10 of the Revised Code. | 8292 |
| Sec. 3319.112. (A) Not later than April 30, 2012, the | 8293 |
| superintendent of public instruction shall develop and submit to | 8294 |
| the state board of education recommendations for a framework for | 8295 |
| the evaluation of teachers. The framework shall require at least | 8296 |
| fifty per cent of each evaluation to be based on measures of | 8297 |
| student academic growth specified by the department of education. | 8298 |
| When applicable to a teacher, those measures shall include student | 8299 |
| performance on the assessments prescribed under sections 3301.0710 | 8300 |
| and 3301.0712 of the Revised Code and the value-added progress | 8301 |
| dimension prescribed by section 3302.021 of the Revised Code. | 8302 |
| The framework shall require each evaluation to consider the | 8303 |
| following additional factors, but it shall not designate the | 8304 |
| weight of any factor or prescribe a specific method of assessing | 8305 |
| any factor: | 8306 |
| (1) Quality of instructional practice, which may be | 8307 |
| determined by announced and unannounced classroom observations and | 8308 |
| examinations of samples of work, such as lesson plans or | 8309 |
| assessments designed by the teacher; | 8310 |
| (2) Communication and professionalism, including how well the | 8311 |
| teacher interacts with students, parents, other school employees, | 8312 |
| and members of the community; | 8313 |
| (3) Parent and student satisfaction, which may be measured by | 8314 |
| surveys, questionnaires, or other forms of soliciting feedback. | 8315 |
| (B) Not later than April 30, 2012, the superintendent of | 8316 |
| public instruction shall develop and submit to the state board | 8317 |
| recommendations for a framework for the evaluation of principals. | 8318 |
| The framework shall require at least fifty per cent of each | 8319 |
| evaluation to be based on measures of student academic growth | 8320 |
| specified by the department. When applicable to the grade levels | 8321 |
| served by a principal's building, those measures shall include | 8322 |
| student performance on the assessments prescribed under sections | 8323 |
| 3301.0710 and 3301.0712 of the Revised Code and the value-added | 8324 |
| progress dimension prescribed by section 3302.021 of the Revised | 8325 |
| Code. The framework for the evaluation of principals shall be | 8326 |
| based on principles comparable to the framework for the evaluation | 8327 |
| of teachers developed under division (A) of this section, but | 8328 |
| shall be tailored to the duties and responsibilities of principals | 8329 |
| and the environment in which principals work. | 8330 |
| (C) The state board shall review the recommendations | 8331 |
| submitted under divisions (A) and (B) of this section at the | 8332 |
| board's next regular meeting after the recommendations are | 8333 |
| submitted to the board. At that meeting, the state board shall | 8334 |
| vote either to adopt the recommended frameworks for evaluations or | 8335 |
| to request that the superintendent of public instruction | 8336 |
| reconsider the recommendations. The state board shall articulate | 8337 |
| reasons for requesting reconsideration of the recommendations, but | 8338 |
| shall not direct the content of the recommendations. The state | 8339 |
| superintendent shall reconsider the recommendations if the state | 8340 |
| board so requests, may revise the recommendations, and shall | 8341 |
| resubmit the recommendations, whether revised or not, to the board | 8342 |
| not later than two weeks prior to the board's next regular meeting | 8343 |
| after the meeting at which the board requested reconsideration of | 8344 |
| the recommendations. The state board shall review the | 8345 |
| recommendations as resubmitted at the board's next regular meeting | 8346 |
| after the meeting at which the board requested reconsideration of | 8347 |
| the recommendations and shall adopt the recommended frameworks for | 8348 |
| evaluations as resubmitted or, if the resubmitted frameworks have | 8349 |
| not addressed the board's concerns, the board shall modify the | 8350 |
| frameworks prior to adopting them. The state board shall adopt the | 8351 |
| recommended or modified frameworks not later than July 1, 2012. | 8352 |
| (D) To assist school districts in developing evaluation | 8353 |
| policies under sections 3319.02 and 3319.111 of the Revised Code, | 8354 |
| the department shall do both of the following: | 8355 |
| (1) Serve as a clearinghouse of promising evaluation | 8356 |
| procedures and evaluation models that districts may use; | 8357 |
| (2) Provide technical assistance to districts in creating | 8358 |
| evaluation policies. | 8359 |
| Sec. 3319.13. Upon the written request of a teacher or a | 8360 |
| regular nonteaching school employee, a board of education may | 8361 |
|
grant a leave of absence | 8362 |
| 8363 | |
| policy the board adopts pursuant to section 3319.141 of the | 8364 |
| Revised Code for educational, professional, or other purposes, and | 8365 |
| shall grant such leave in accordance with the board's general | 8366 |
| leave policy where illness or other disability is the reason for | 8367 |
| the request. Upon subsequent request, such leave may be renewed by | 8368 |
| the board in accordance with the board's general leave policy. | 8369 |
| Without request, a board may grant similar leave of absence and | 8370 |
| renewals thereof in accordance with the board's general leave | 8371 |
| policy to any teacher or regular nonteaching school employee | 8372 |
| because of physical or mental disability, but such teacher may | 8373 |
| have a hearing on such unrequested leave of absence or its | 8374 |
| renewals in accordance with section 3319.16 of the Revised Code, | 8375 |
| and such nonteaching school employee may have a hearing on such | 8376 |
| unrequested leave of absence or its renewals in accordance with | 8377 |
| division (C) of section 3319.081 of the Revised Code. Upon the | 8378 |
| return to service of a teacher or a nonteaching school employee at | 8379 |
| the expiration of a leave of absence, the teacher or nonteaching | 8380 |
| school employee shall resume the contract status that the teacher | 8381 |
| or nonteaching school employee held prior to the leave of absence. | 8382 |
| Any teacher who leaves a teaching position for service in the | 8383 |
| uniformed services and who returns from service in the uniformed | 8384 |
| services that is terminated in a manner other than as described in | 8385 |
| section 4304 of Title 38 of the United States Code, "Uniformed | 8386 |
| Services Employment and Reemployment Rights Act of 1994," 108 | 8387 |
| Stat. 3149, 38 U.S.C.A. 4304, shall resume the contract status | 8388 |
| held prior to entering the uniformed services, subject to passing | 8389 |
| a physical examination by an individual authorized by the Revised | 8390 |
| Code to conduct physical examinations, including a physician | 8391 |
| assistant, a clinical nurse specialist, a certified nurse | 8392 |
| practitioner, or a certified nurse-midwife. Any written | 8393 |
| documentation of the physical examination shall be completed by | 8394 |
| the individual who conducted the examination. Such contract status | 8395 |
| shall be resumed at the first of the school semester or the | 8396 |
| beginning of the school year following return from the uniformed | 8397 |
| services. For purposes of this section and section 3319.14 of the | 8398 |
| Revised Code, "uniformed services" and "service in the uniformed | 8399 |
| services" have the same meanings as defined in section 5923.05 of | 8400 |
| the Revised Code. | 8401 |
| Upon the return of a nonteaching school employee from a leave | 8402 |
| of absence, the board may terminate the employment of a person | 8403 |
| hired exclusively for the purpose of replacing the returning | 8404 |
| employee while the returning employee was on leave. If, after the | 8405 |
| return of a nonteaching employee from leave, the person employed | 8406 |
| exclusively for the purpose of replacing an employee while the | 8407 |
| employee was on leave is continued in employment as a regular | 8408 |
| nonteaching school employee or if the person is hired by the board | 8409 |
| as a regular nonteaching school employee within a year after | 8410 |
| employment as a replacement is terminated, the person shall, for | 8411 |
| purposes of section 3319.081 of the Revised Code, receive credit | 8412 |
| for the person's length of service with the school district during | 8413 |
| such replacement period in the following manner: | 8414 |
| (A) If employed as a replacement for less than twelve months, | 8415 |
| the person shall be employed under a contract valid for a period | 8416 |
| equal to twelve months less the number of months employed as a | 8417 |
| replacement. At the end of such contract period, if the person is | 8418 |
| reemployed it shall be under a two-year contract. Subsequent | 8419 |
| reemployment shall be pursuant to division (B) of section 3319.081 | 8420 |
| of the Revised Code. | 8421 |
| (B) If employed as a replacement for twelve months or more | 8422 |
| but less than twenty-four months, the person shall be employed | 8423 |
| under a contract valid for a period equal to twenty-four months | 8424 |
| less the number of months employed as a replacement. Subsequent | 8425 |
| reemployment shall be pursuant to division (B) of section 3319.081 | 8426 |
| of the Revised Code. | 8427 |
| (C) If employed as a replacement for more than twenty-four | 8428 |
| months, the person shall be employed pursuant to division (B) of | 8429 |
| section 3319.081 of the Revised Code. | 8430 |
| For purposes of this section, employment during any part of a | 8431 |
| month shall count as employment during the entire month. | 8432 |
| Sec. 3319.14. Any teacher who has left, or leaves, a | 8433 |
| teaching position, by resignation or otherwise, and within forty | 8434 |
| school days thereafter entered, or enters, the uniformed services | 8435 |
| and whose service is terminated in a manner other than as | 8436 |
| described in section 4304 of Title 38 of the United States Code, | 8437 |
| "Uniformed Services Employment and Reemployment Rights Act of | 8438 |
| 1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by | 8439 |
| the board of education of the district in which the teacher held | 8440 |
| such teaching position, under the same type of contract as that | 8441 |
| which the teacher last held in such district, if the teacher | 8442 |
| applies to the board of education for reemployment in accordance | 8443 |
| with the "Uniformed Services Employment and Reemployment Rights | 8444 |
| Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such | 8445 |
| application, the teacher shall be reemployed at the first of the | 8446 |
| next school semester, if the application is made not less than | 8447 |
| thirty days prior to the first of the next school semester, in | 8448 |
| which case the teacher shall be reemployed the first of the | 8449 |
| following school semester, unless the board of education waives | 8450 |
| the requirement for the thirty-day period. | 8451 |
| For the | 8452 |
| 8453 | |
| uniformed services shall be counted as though teaching service had | 8454 |
| been performed during such time. | 8455 |
| The board of education of the district in which such teacher | 8456 |
| was employed and is reemployed under this section may suspend the | 8457 |
| contract of the teacher whose services become unnecessary by | 8458 |
| reason of the return of a teacher from service in the uniformed | 8459 |
| services in accordance with section 3319.17 or 3319.171 of the | 8460 |
| Revised Code. | 8461 |
| Sec. 3319.141. | 8462 |
|
board of education | 8463 |
| local, and joint vocational school district and the governing | 8464 |
|
board of each educational service center shall | 8465 |
| 8466 | |
| 8467 | |
| 8468 | |
|
are not covered by a collective bargaining agreement. | 8469 |
| 8470 | |
| 8471 | |
| 8472 | |
| 8473 | |
| 8474 | |
| 8475 | |
| 8476 | |
| 8477 | |
| include all of the following in the policy: | 8478 |
| (1) The types of leave an employee may use; | 8479 |
| (2) The reasons for which an employee may use the types of | 8480 |
| leave the board grants under the policy; | 8481 |
| (3) The amount of each type of leave an employee may receive; | 8482 |
| (4) The manner in which an employee accumulates each type of | 8483 |
| leave; | 8484 |
| (5) The maximum amount of each type of leave that an employee | 8485 |
| may accumulate; | 8486 |
| (6) The manner in which any previously accumulated | 8487 |
|
of a person who has been separated from public service | 8488 |
| 8489 | |
| 8490 | |
|
employee's credit upon | 8491 |
| 8492 | |
| 8493 |
| (7) The manner in which a teacher or nonteaching school | 8494 |
|
employee who transfers from one public agency to another | 8495 |
| will be credited with the unused balance of | 8496 |
|
nonteaching employee's accumulated | 8497 |
|
the | 8498 |
|
which the employee transfers | 8499 |
| (8) Whether, and the manner in which, teachers and | 8500 |
| nonteaching school employees who render part-time, seasonal, | 8501 |
|
intermittent, per diem, or hourly service
| 8502 |
|
to | 8503 |
| 8504 |
| (9) The manner in which the board provides leave under | 8505 |
| section 3319.08 of the Revised Code; | 8506 |
| (10) Any other issue relating to the use and availability of | 8507 |
| leave. | 8508 |
| (B) Each board of education may establish regulations for the | 8509 |
|
entitlement, crediting and use of | 8510 |
| teachers employed by such board pursuant to section 3319.10 of the | 8511 |
| Revised Code who are not otherwise entitled to sick leave pursuant | 8512 |
|
to such section. | 8513 |
| (C) An employee of the board may use leave in accordance with | 8514 |
| the leave policy the board adopts and upon approval of the | 8515 |
| responsible administrative officer. | 8516 |
| (D) A board | 8517 |
| teacher or nonteaching school employee to furnish a written, | 8518 |
| signed statement on forms prescribed by such board to justify the | 8519 |
|
use of any sick leave granted under the policy. | 8520 |
| 8521 | |
| 8522 | |
| 8523 | |
| 8524 | |
| 8525 | |
| the employee to submit a statement from a physician, falsification | 8526 |
| of a statement is grounds for suspension or termination of | 8527 |
| employment under sections 3319.081 and 3319.16 of the Revised | 8528 |
|
Code. | 8529 |
| (E) The board, in the policy the board adopts, shall not | 8530 |
|
grant or credit sick leave | 8531 |
|
of ten days per calendar year or to a teacher after | 8532 |
| teacher's retirement or termination of employment. | 8533 |
| | 8534 |
| 8535 | |
| 8536 | |
| 8537 | |
| 8538 | |
| 8539 | |
| 8540 | |
| 8541 |
| (F) This section shall not be construed to interfere with any | 8542 |
| unused sick leave credit in any agency of government where | 8543 |
| attendance records are maintained and credit has been given for | 8544 |
| unused sick leave. Unused sick leave accumulated by teachers and | 8545 |
| nonteaching school employees under section 124.38 of the Revised | 8546 |
| Code, as that section existed immediately prior to the effective | 8547 |
| date of this amendment, shall continue to be credited toward the | 8548 |
| maximum accumulation permitted under a policy adopted in | 8549 |
|
accordance with this section. | 8550 |
| 8551 | |
| 8552 | |
| 8553 | |
| 8554 | |
| 8555 | |
| 8556 |
| (G) This section shall be uniformly administered. | 8557 |
| The board shall post the policy adopted under this section in | 8558 |
| a conspicuous location on the web site maintained by the board. | 8559 |
| The board shall review the policy on an annual basis and shall | 8560 |
| post any changes to that policy in a conspicuous location on the | 8561 |
| web site maintained by the board. | 8562 |
| Nothing in this section shall be construed as preventing a | 8563 |
| board and an exclusive representative, as defined in section | 8564 |
| 4117.01 of the Revised Code, from agreeing to apply the policy | 8565 |
| adopted by the board under this section to employees covered by a | 8566 |
| collective bargaining agreement between the board and the | 8567 |
| exclusive representative. | 8568 |
| Sec. 3319.17. (A) As used in this section, "interdistrict | 8569 |
| contract" means any contract or agreement entered into by an | 8570 |
| educational service center governing board and another board or | 8571 |
| other public entity pursuant to section 3313.17, 3313.841, | 8572 |
| 3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the | 8573 |
| Revised Code, including any such contract or agreement for the | 8574 |
| provision of services funded under division (I) of section | 8575 |
| 3317.024 of the Revised Code or provided in any unit approved | 8576 |
| under section 3317.05 of the Revised Code. | 8577 |
| (B) When, for any of the following reasons that apply to any | 8578 |
| city, exempted village, local, or joint vocational school district | 8579 |
| or any educational service center, the board decides that it will | 8580 |
| be necessary to reduce the number of teachers it employs, it may | 8581 |
| make a reasonable reduction: | 8582 |
| (1) In the case of any district or service center, return to | 8583 |
| duty of regular teachers after leaves of absence including leaves | 8584 |
| provided pursuant to division (B) of section 3314.10 of the | 8585 |
| Revised Code, suspension of schools, territorial changes affecting | 8586 |
| the district or center, or financial reasons; | 8587 |
| (2) In the case of any city, exempted village, local, or | 8588 |
| joint vocational school district, decreased enrollment of pupils | 8589 |
| in the district; | 8590 |
| (3) In the case of any governing board of a service center | 8591 |
| providing any particular service directly to pupils pursuant to | 8592 |
| one or more interdistrict contracts requiring such service, | 8593 |
| reduction in the total number of pupils the governing board is | 8594 |
| required to provide with the service under all interdistrict | 8595 |
| contracts as a result of the termination or nonrenewal of one or | 8596 |
| more of these interdistrict contracts; | 8597 |
| (4) In the case of any governing board providing any | 8598 |
| particular service that it does not provide directly to pupils | 8599 |
| pursuant to one or more interdistrict contracts requiring such | 8600 |
| service, reduction in the total level of the service the governing | 8601 |
| board is required to provide under all interdistrict contracts as | 8602 |
| a result of the termination or nonrenewal of one or more of these | 8603 |
| interdistrict contracts. | 8604 |
| (C) In making any such reduction, any city, exempted village, | 8605 |
| local, or joint vocational school board shall proceed to suspend | 8606 |
| contracts in accordance with the recommendation of the | 8607 |
| superintendent of schools who shall, within each teaching field | 8608 |
|
affected, give preference | 8609 |
|
contracts | 8610 |
| making any such reduction, any governing board of a service center | 8611 |
| shall proceed to suspend contracts in accordance with the | 8612 |
| recommendation of the superintendent who shall, within each | 8613 |
|
teaching field or service area affected, give preference | 8614 |
|
teachers on continuing contracts | 8615 |
| 8616 | |
| with continuing contracts prescribed in this paragraph, the board | 8617 |
| shall consider the relative quality of performance the principal | 8618 |
| factor in determining the order of reductions under this section. | 8619 |
| A board shall measure a teacher's quality of performance by | 8620 |
| considering all of the following: | 8621 |
| (1) The level of license issued under section 3319.22 of the | 8622 |
| Revised Code that the teacher holds; | 8623 |
| (2) Whether the teacher is a "highly qualified teacher" as | 8624 |
| defined in section 3319.074 of the Revised Code; | 8625 |
| (3) The value-added measure the board uses to determine the | 8626 |
| performance of the students assigned to the teacher's classroom; | 8627 |
| (4) The results of the teacher's performance evaluation | 8628 |
| conducted under section 3319.111 of the Revised Code or any peer | 8629 |
| review program created by an agreement entered into by a board of | 8630 |
| education and representatives of teachers employed by that board; | 8631 |
| (5) Any other criteria established by the board. | 8632 |
| On a case-by-case basis, in lieu of suspending a contract in | 8633 |
| whole, a board may suspend a contract in part, so that an | 8634 |
| individual is required to work a percentage of the time the | 8635 |
| employee otherwise is required to work under the contract and | 8636 |
| receives a commensurate percentage of the full compensation the | 8637 |
| employee otherwise would receive under the contract. | 8638 |
| The teachers whose continuing contracts are suspended by any | 8639 |
| board pursuant to this section shall have the right of restoration | 8640 |
| to continuing service status by that board in the order of | 8641 |
| seniority of service in the district or service center if and when | 8642 |
| teaching positions become vacant or are created for which any of | 8643 |
| such teachers are or become qualified. No teacher whose continuing | 8644 |
| contract has been suspended pursuant to this section shall lose | 8645 |
| that right of restoration to continuing service status by reason | 8646 |
| of having declined recall to a position that is less than | 8647 |
| full-time or, if the teacher was not employed full-time just prior | 8648 |
| to suspension of the teacher's continuing contract, to a position | 8649 |
| requiring a lesser percentage of full-time employment than the | 8650 |
| position the teacher last held while employed in the district or | 8651 |
| service center. | 8652 |
| (D) Notwithstanding any provision to the contrary in Chapter | 8653 |
| 4117. of the Revised Code, the requirements of this section, as it | 8654 |
| existed prior to the effective date of this amendment, prevail | 8655 |
| over any conflicting provisions of agreements between employee | 8656 |
|
organizations and public employers entered into | 8657 |
| September 29, 2005, and that effective date. | 8658 |
| Sec. 3319.172. The board of education of each school district | 8659 |
| wherein the provisions of Chapter 124. of the Revised Code do not | 8660 |
| apply and the governing board of each educational service center | 8661 |
| may adopt a resolution ordering reasonable reductions in the | 8662 |
| number of nonteaching employees for any of the reasons for which | 8663 |
| the board of education or governing board may make reductions in | 8664 |
| teaching employees, as set forth in division (B) of section | 8665 |
| 3319.17 of the Revised Code. | 8666 |
| In making any reduction under this section, the board of | 8667 |
| education or governing board shall proceed to suspend contracts in | 8668 |
| accordance with the recommendation of the superintendent of the | 8669 |
| district or service center who shall, within each pay | 8670 |
|
classification affected, give preference | 8671 |
|
continuing contracts | 8672 |
| 8673 | |
| continuing contracts prescribed in this paragraph, the board shall | 8674 |
| consider the relative quality of performance, as measured by the | 8675 |
| board, the principal factor in determining the order of reductions | 8676 |
| under this section. | 8677 |
| On a case-by-case basis, in lieu of suspending a contract in | 8678 |
| whole, a board may suspend a contract in part, so that an | 8679 |
| individual is required to work a percentage of the time the | 8680 |
| employee otherwise is required to work under the contract and | 8681 |
| receives a commensurate percentage of the full compensation the | 8682 |
| employee otherwise would receive under the contract. | 8683 |
| Any nonteaching employee whose continuing contract is | 8684 |
| suspended under this section shall have the right of restoration | 8685 |
| to continuing service status by the board of education or | 8686 |
| governing board that suspended that contract in order of seniority | 8687 |
| of service in the district or service center, if and when a | 8688 |
| nonteaching position for which the employee is qualified becomes | 8689 |
| vacant or is created. No nonteaching employee whose continuing | 8690 |
| contract has been suspended under this section shall lose that | 8691 |
| right of restoration to continuing service status by reason of | 8692 |
| having declined recall to a position requiring fewer regularly | 8693 |
| scheduled hours of work than required by the position the employee | 8694 |
| last held while employed in the district or service center. | 8695 |
| Notwithstanding any provision to the contrary in Chapter | 8696 |
| 4117. of the Revised Code, the requirements of this section, as it | 8697 |
| existed prior to the effective date of this amendment, prevail | 8698 |
| over any conflicting provisions of agreements between employee | 8699 |
|
organizations and public employers entered into | 8700 |
| 8701 | |
| that effective date. | 8702 |
| Sec. 3319.18. If an entire school district or that part of a | 8703 |
| school district which comprises the territory in which a school is | 8704 |
| situated is transferred to any other district, or if a new school | 8705 |
| district is created, the teachers in such districts or schools | 8706 |
| employed on continuing contracts immediately prior to such | 8707 |
| transfer, or creation shall, subject to section 3319.17 or | 8708 |
| 3319.171 of the Revised Code, have continuing service status in | 8709 |
| the newly created district, or in the district to which the | 8710 |
| territory is transferred. | 8711 |
| The limited contracts of the teachers employed in such | 8712 |
| districts or schools immediately prior to such transfer, or | 8713 |
| creation, shall become the legal obligations of the board of | 8714 |
| education in the newly created district, or in the district to | 8715 |
| which the territory is transferred, subject to section 3319.17 or | 8716 |
| 3319.171 of the Revised Code. The teaching experience of such | 8717 |
| teachers in such prior districts or schools shall be included in | 8718 |
| the three years of service required under section 3319.11 of the | 8719 |
| Revised Code for a teacher to become eligible for continuing | 8720 |
| service status. | 8721 |
| | 8722 |
| contracts in an entire school district or that part of a school | 8723 |
|
district | 8724 |
|
situated | 8725 |
| that is merged with other school territory to create a new school | 8726 |
|
district, shall be
| 8727 |
|
transfer or merger, | 8728 |
| 8729 | |
| 8730 | |
| 8731 | |
| 8732 | |
| 8733 | |
| 8734 | |
| based upon performance as described in section 3317.13 of the | 8735 |
| Revised Code. | 8736 |
| The | 8737 |
| a teacher pursuant to this section, shall not result, however, in | 8738 |
|
the salary of | 8739 |
| current annual salary for regular duties, in existence immediately | 8740 |
| prior to the merger or transfer. | 8741 |
| In making any reduction in the number of teachers under | 8742 |
| section 3319.17 of the Revised Code by reason of the transfer or | 8743 |
| consolidation of school territory, the years of teaching service | 8744 |
| of the teachers employed in the district or schools transferred to | 8745 |
| any other district or merged with any school territory to create a | 8746 |
| new district, shall be included as a part of the seniority on | 8747 |
| which the recommendation of the superintendent of schools shall be | 8748 |
| based, under section 3319.17 of the Revised Code. Such service | 8749 |
| shall have been continuous and shall include years of service in | 8750 |
| the previous district as well as the years of continuous service | 8751 |
| in any district which had been previously transferred to or | 8752 |
| consolidated to form such district. When suspending contracts in | 8753 |
| accordance with an administrative personnel suspension policy | 8754 |
| adopted under section 3319.171 of the Revised Code, a board may | 8755 |
| consider years of teaching service in its decision if it is a part | 8756 |
| of the suspension policy, but it shall not be the only factor used | 8757 |
| in making the decision. | 8758 |
| Sec. 3319.61. (A) The educator standards board, in | 8759 |
| consultation with the chancellor of the Ohio board of regents, | 8760 |
| shall do all of the following: | 8761 |
| (1) Develop state standards for teachers and principals that | 8762 |
| reflect what teachers and principals are expected to know and be | 8763 |
| able to do at all stages of their careers. These standards shall | 8764 |
| be aligned with the statewide academic content standards for | 8765 |
| students adopted pursuant to section 3301.079 of the Revised Code, | 8766 |
| be primarily based on educator performance instead of years of | 8767 |
| experience or certain courses completed, and rely on | 8768 |
| evidence-based factors. These standards shall also be aligned with | 8769 |
| the operating standards adopted under division (D)(3) of section | 8770 |
| 3301.07 of the Revised Code. | 8771 |
| (a) The standards for teachers shall reflect the following | 8772 |
| additional criteria: | 8773 |
| (i) Alignment with the interstate new teacher assessment and | 8774 |
| support consortium standards; | 8775 |
| (ii) Differentiation among novice, experienced, and advanced | 8776 |
| teachers; | 8777 |
| (iii) Reliance on competencies that can be measured; | 8778 |
| (iv) Reliance on content knowledge, teaching skills, | 8779 |
| discipline-specific teaching methods, and requirements for | 8780 |
| professional development; | 8781 |
| (v) Alignment with a career-long system of professional | 8782 |
| development and evaluation that ensures teachers receive the | 8783 |
| support and training needed to achieve the teaching standards as | 8784 |
| well as reliable feedback about how well they meet the standards; | 8785 |
| (vi) The standards under section 3301.079 of the Revised | 8786 |
| Code, including standards on collaborative learning environments | 8787 |
| and interdisciplinary, project-based, real-world learning and | 8788 |
| differentiated instruction; | 8789 |
| (vii) The Ohio leadership framework. | 8790 |
| (b) The standards for principals shall be aligned with the | 8791 |
| interstate school leaders licensing consortium standards. | 8792 |
| (2) Develop standards for school district superintendents | 8793 |
| that reflect what superintendents are expected to know and be able | 8794 |
| to do at all stages of their careers. The standards shall reflect | 8795 |
| knowledge of systems theory and effective management principles | 8796 |
| and be aligned with the buckeye association of school | 8797 |
| administrators standards and the operating standards developed | 8798 |
| under division (D)(3) of section 3301.07 of the Revised Code. | 8799 |
| (3) Develop standards for school district treasurers and | 8800 |
| business managers that reflect what treasurers and business | 8801 |
| managers are expected to know and be able to do at all stages of | 8802 |
| their careers. The standards shall reflect knowledge of systems | 8803 |
| theory and effective management principles and be aligned with the | 8804 |
| association of school business officials international standards | 8805 |
| and the operating standards developed under division (D)(3) of | 8806 |
| section 3301.07 of the Revised Code. | 8807 |
| (4) Develop standards for the renewal of licenses under | 8808 |
| sections 3301.074 and 3319.22 of the Revised Code; | 8809 |
| (5) Develop standards for educator professional development; | 8810 |
| (6) Investigate and make recommendations for the creation, | 8811 |
| expansion, and implementation of school building and school | 8812 |
| district leadership academies. | 8813 |
| The superintendent of public instruction, the chancellor of | 8814 |
| the Ohio board of regents, or the education standards board itself | 8815 |
| may request that the educator standards board update, review, or | 8816 |
| reconsider any standards developed under this section. | 8817 |
| (B) The educator standards board shall incorporate indicators | 8818 |
| of cultural competency into the standards developed under division | 8819 |
| (A) of this section. For this purpose, the educator standards | 8820 |
| board shall develop a definition of cultural competency based upon | 8821 |
| content and experiences that enable educators to know, understand, | 8822 |
| and appreciate the students, families, and communities that they | 8823 |
| serve and skills for addressing cultural diversity in ways that | 8824 |
| respond equitably and appropriately to the cultural needs of | 8825 |
| individual students. | 8826 |
| (C) In developing the standards under division (A) of this | 8827 |
| section, the educator standards board shall consider the impact of | 8828 |
| the standards on closing the achievement gap between students of | 8829 |
| different subgroups. | 8830 |
| (D) In developing the standards under division (A) of this | 8831 |
| section, the educator standards board shall ensure both of the | 8832 |
| following: | 8833 |
| (1) That teachers have sufficient knowledge to provide | 8834 |
| appropriate instruction for students identified as gifted pursuant | 8835 |
| to Chapter 3324. of the Revised Code and to assist in the | 8836 |
| identification of such students, and have sufficient knowledge | 8837 |
| that will enable teachers to provide learning opportunities for | 8838 |
| all children to succeed; | 8839 |
| (2) That principals, superintendents, school treasurers, and | 8840 |
| school business managers have sufficient knowledge to provide | 8841 |
| principled, collaborative, foresighted, and data-based leadership | 8842 |
| that will provide learning opportunities for all children to | 8843 |
| succeed. | 8844 |
| (E) The standards for educator professional development | 8845 |
| developed under division (A)(5) of this section shall include the | 8846 |
| following: | 8847 |
| (1) Standards for the inclusion of local professional | 8848 |
| development committees established under section 3319.22 of the | 8849 |
| Revised Code in the planning and design of professional | 8850 |
| development; | 8851 |
| (2) Standards that address the crucial link between academic | 8852 |
| achievement and mental health issues. | 8853 |
| (F) The educator standards board shall also perform the | 8854 |
| following functions: | 8855 |
| (1) Monitor compliance with the standards developed under | 8856 |
| division (A) of this section and make recommendations to the state | 8857 |
| board of education for appropriate corrective action if such | 8858 |
| standards are not met; | 8859 |
| (2) Research, develop, and recommend policies on the | 8860 |
| professions of teaching and school administration; | 8861 |
| (3) Recommend policies to close the achievement gap between | 8862 |
| students of different subgroups; | 8863 |
| (4) Define a "master teacher" in a manner that can be used | 8864 |
| uniformly by all school districts; | 8865 |
| (5) Adopt criteria that a candidate for a lead professional | 8866 |
| educator license under section 3319.22 of the Revised Code who | 8867 |
| does not hold a valid certificate issued by the national board for | 8868 |
| professional teaching standards must meet to be considered a lead | 8869 |
| teacher for purposes of division (B)(4)(d) of that section. It is | 8870 |
| the intent of the general assembly that the educator standards | 8871 |
| board shall adopt multiple, equal-weighted criteria to use in | 8872 |
| determining whether a person is a lead teacher. The criteria shall | 8873 |
| be in addition to the other standards and qualifications | 8874 |
| prescribed in division (B)(4) of section 3319.22 of the Revised | 8875 |
| Code. The criteria may include, but shall not be limited to, | 8876 |
| completion of educational levels beyond a master's degree or other | 8877 |
| professional development courses or demonstration of a leadership | 8878 |
| role in the teacher's school building or district. The board shall | 8879 |
| determine the number of criteria that a teacher shall satisfy to | 8880 |
| be recognized as a lead teacher, which shall not be the total | 8881 |
| number of criteria adopted by the board. | 8882 |
| (6) Develop model teacher and principal evaluation | 8883 |
| instruments and processes. The models shall be based on the | 8884 |
|
standards developed under division (A) of this section | 8885 |
| | 8886 |
| 8887 | |
| 8888 | |
| 8889 |
| | 8890 |
| 8891 | |
| 8892 | |
| 8893 |
| | 8894 |
| 8895 |
| | 8896 |
| 8897 | |
| the frameworks for the evaluation of teachers and principals | 8898 |
| adopted by the state board of education under section 3319.112 of | 8899 |
| the Revised Code. | 8900 |
| (G) The educator standards board shall submit recommendations | 8901 |
| of standards developed under division (A) of this section to the | 8902 |
| state board of education not later than September 1, 2010. The | 8903 |
| state board of education shall review those recommendations at the | 8904 |
| state board's regular meeting that next succeeds the date that the | 8905 |
| recommendations are submitted to the state board. At that meeting, | 8906 |
| the state board of education shall vote to either adopt standards | 8907 |
| based on those recommendations or request that the educator | 8908 |
| standards board reconsider its recommendations. The state board of | 8909 |
| education shall articulate reasons for requesting reconsideration | 8910 |
| of the recommendations but shall not direct the content of the | 8911 |
| recommendations. The educator standards board shall reconsider its | 8912 |
| recommendations if the state board of education so requests, may | 8913 |
| revise the recommendations, and shall resubmit the | 8914 |
| recommendations, whether revised or not, to the state board not | 8915 |
| later than two weeks prior to the state board's regular meeting | 8916 |
| that next succeeds the meeting at which the state board requested | 8917 |
| reconsideration of the initial recommendations. The state board of | 8918 |
| education shall review the recommendations as resubmitted by the | 8919 |
| educator standards board at the state board's regular meeting that | 8920 |
| next succeeds the meeting at which the state board requested | 8921 |
| reconsideration of the initial recommendations and may adopt the | 8922 |
| standards as resubmitted or, if the resubmitted standards have not | 8923 |
| addressed the state board's concerns, the state board may modify | 8924 |
| the standards prior to adopting them. The final responsibility to | 8925 |
| determine whether to adopt standards as described in division (A) | 8926 |
| of this section and the content of those standards, if adopted, | 8927 |
| belongs solely to the state board of education. | 8928 |
| Sec. 3319.63. The board of education of a school district | 8929 |
| that employs any person who is appointed to serve as a member of | 8930 |
| the educator standards board under division (A)(1)(a) or (c) of | 8931 |
| section 3319.60, as a member of the subcommittee on standards for | 8932 |
| superintendents under division (B) or (C) of section 3319.611, or | 8933 |
| as a member of the subcommittee on standards for school treasurers | 8934 |
| and business managers under division (B) or (C) of section | 8935 |
| 3319.612 of the Revised Code shall grant that person paid | 8936 |
| professional leave for the purpose of attending meetings and | 8937 |
| conducting official business of the educator standards board and | 8938 |
| the subcommittees in accordance with the general leave policy the | 8939 |
| board adopts pursuant to section 3319.141 of the Revised Code. | 8940 |
| Sec. 3326.18. (A) Except as provided under division (B) of | 8941 |
| this section, employees of a science, technology, engineering, and | 8942 |
| mathematics school may organize and collectively bargain pursuant | 8943 |
| to Chapter 4117. of the Revised Code. Notwithstanding division | 8944 |
| 8945 | |
| containing teaching and nonteaching employees employed under this | 8946 |
| section shall be considered an appropriate unit. | 8947 |
| (B) If a science, technology, engineering, and mathematics | 8948 |
| school is created by converting all or part of an existing school | 8949 |
| operated by a school district or an existing conversion community | 8950 |
| school established under Chapter 3314. of the Revised Code, at the | 8951 |
| time of conversion, the employees assigned to the STEM school | 8952 |
| shall remain part of any collective bargaining unit in which they | 8953 |
| were included immediately prior to the conversion and shall remain | 8954 |
| subject to any collective bargaining agreement for that unit in | 8955 |
| effect on the first day of July of the year in which the STEM | 8956 |
| school initially begins operation and shall be subject to any | 8957 |
| subsequent collective bargaining agreement for that unit, unless a | 8958 |
| petition is certified as sufficient under division (E) of this | 8959 |
| section with regard to those employees. Any new employees assigned | 8960 |
| to the STEM school also shall be included in the unit to which | 8961 |
| they would have been assigned had the conversion not taken place | 8962 |
| and shall be subject to the collective bargaining agreement for | 8963 |
| that unit unless a petition is certified as sufficient under | 8964 |
| division (E) of this section with regard to those employees. | 8965 |
| Notwithstanding division (B) of section 4117.01 of the | 8966 |
| Revised Code, the board of education of the school district that | 8967 |
| operated or sponsored the STEM school prior to conversion and not | 8968 |
| the STEM school shall be regarded, for purposes of Chapter 4117. | 8969 |
| of the Revised Code, as the "public employer" of the employees | 8970 |
| assigned to a conversion STEM school subject to a collective | 8971 |
| bargaining agreement pursuant to this division unless a petition | 8972 |
| is certified under division (E) of this section with regard to | 8973 |
| those employees. Only on and after the effective date of a | 8974 |
| petition certified as sufficient under division (E) of this | 8975 |
| section shall division (A) of this section apply to those | 8976 |
| employees and only on and after the effective date of that | 8977 |
| petition shall Chapter 4117. of the Revised Code apply to the | 8978 |
| school with regard to those employees. | 8979 |
| (C) Notwithstanding sections 4117.03 to 4117.18 of the | 8980 |
| Revised Code and Section 4 of Amended Substitute Senate Bill No. | 8981 |
| 133 of the 115th general assembly, the employees assigned to a | 8982 |
| conversion STEM school who are subject to a collective bargaining | 8983 |
| agreement pursuant to division (B) of this section shall cease to | 8984 |
| be subject to that agreement and all subsequent agreements | 8985 |
| pursuant to that division and shall cease to be part of the | 8986 |
| collective bargaining unit that is subject to that and all | 8987 |
| subsequent agreements, if a majority of the employees assigned to | 8988 |
| the STEM school who are subject to that collective bargaining | 8989 |
| agreement sign and submit to the state employment relations board | 8990 |
| a petition requesting all of the following: | 8991 |
| (1) That all the employees assigned to the STEM school who | 8992 |
| are subject to that agreement be removed from the bargaining unit | 8993 |
| that is subject to that agreement and be designated by the state | 8994 |
| employment relations board as a new and separate bargaining unit | 8995 |
| for purposes of Chapter 4117. of the Revised Code; | 8996 |
| (2) That the employee organization certified as the exclusive | 8997 |
| representative of the employees of the bargaining unit from which | 8998 |
| the employees are to be removed be certified as the exclusive | 8999 |
| representative of the new and separate bargaining unit for | 9000 |
| purposes of Chapter 4117. of the Revised Code; | 9001 |
| (3) That the STEM school be regarded as the "public employer" | 9002 |
| of those employees for purposes of Chapter 4117. of the Revised | 9003 |
| Code. | 9004 |
| (D) Notwithstanding sections 4117.03 to 4117.18 of the | 9005 |
| Revised Code and Section 4 of Amended Substitute Senate Bill No. | 9006 |
| 133 of the 115th general assembly, the employees assigned to a | 9007 |
| conversion STEM school who are subject to a collective bargaining | 9008 |
| agreement pursuant to division (B) of this section shall cease to | 9009 |
| be subject to that agreement and all subsequent agreements | 9010 |
| pursuant to that division, shall cease to be part of the | 9011 |
| collective bargaining unit that is subject to that and all | 9012 |
| subsequent agreements, and shall cease to be represented by any | 9013 |
| exclusive representative of that collective bargaining unit, if a | 9014 |
| majority of the employees assigned to the STEM school who are | 9015 |
| subject to that collective bargaining agreement sign and submit to | 9016 |
| the state employment relations board a petition requesting all of | 9017 |
| the following: | 9018 |
| (1) That all the employees assigned to the STEM school who | 9019 |
| are subject to that agreement be removed from the bargaining unit | 9020 |
| that is subject to that agreement; | 9021 |
| (2) That any employee organization certified as the exclusive | 9022 |
| representative of the employees of that bargaining unit be | 9023 |
| decertified as the exclusive representative of the employees | 9024 |
| assigned to the STEM school who are subject to that agreement; | 9025 |
| (3) That the STEM school be regarded as the "public employer" | 9026 |
| of those employees for purposes of Chapter 4117. of the Revised | 9027 |
| Code. | 9028 |
| (E) Upon receipt of a petition under division (C) or (D) of | 9029 |
| this section, the state employment relations board shall check the | 9030 |
| sufficiency of the signatures on the petition. If the signatures | 9031 |
| are found sufficient, the board shall certify the sufficiency of | 9032 |
| the petition and so notify the parties involved, including the | 9033 |
| board of education of the school district that operated or | 9034 |
| sponsored the STEM school prior to conversion, the STEM school, | 9035 |
| and any exclusive representative of the bargaining unit. The | 9036 |
| changes requested in a certified petition shall take effect on the | 9037 |
| first day of the month immediately following the date on which the | 9038 |
| sufficiency of the petition is certified under this division. | 9039 |
| Sec. 3332.03. There is hereby created the state board of | 9040 |
| career colleges and schools to consist of the state superintendent | 9041 |
| of public instruction or an assistant superintendent designated by | 9042 |
| the superintendent, the chancellor of the Ohio board of regents or | 9043 |
| a vice chancellor designated by the chancellor, and six members | 9044 |
| appointed by the governor, with the advice and consent of the | 9045 |
| senate. Members' terms of office shall be for five years, | 9046 |
| commencing on the twenty-first day of November and ending on the | 9047 |
| twentieth day of November. Each member shall hold office from the | 9048 |
| date of appointment until the end of the term for which the member | 9049 |
| was appointed. | 9050 |
| Three of the members appointed by the governor shall have | 9051 |
| been engaged for a period of not less than five years immediately | 9052 |
| preceding appointment in an executive or managerial position in a | 9053 |
| private, trade, technical, or other school subject to this | 9054 |
| chapter. One member appointed by the governor shall be a | 9055 |
| representative of students and shall have graduated with an | 9056 |
| associate or baccalaureate degree, within five years prior to | 9057 |
| appointment, from a school subject to this chapter. Two members | 9058 |
| appointed by the governor shall be representatives of the general | 9059 |
| public and shall have had no affiliation with, or direct or | 9060 |
| indirect interest in, schools subject to this chapter for at least | 9061 |
| two years prior to appointment. In selecting the representatives | 9062 |
| of the general public, the governor shall make an effort to find | 9063 |
| individuals with background or experience in the regulation of | 9064 |
| commerce, business, or education. The two members of the board who | 9065 |
| are representatives of the general public shall not be affiliated | 9066 |
| in any way with or have any direct or indirect interest in any | 9067 |
| schools subject to this chapter during their terms. Except for | 9068 |
| enrollment in a school subject to this chapter, the member | 9069 |
| representing students shall have had no affiliation in any way | 9070 |
| with, or have any direct or indirect interest in any school | 9071 |
| subject to this chapter for at least two years prior to | 9072 |
| appointment or during the member's term. | 9073 |
| Any vacancy shall be filled in the manner provided for | 9074 |
| original appointment. Any member appointed to fill a vacancy | 9075 |
| occurring prior to the expiration of the term for which the | 9076 |
| member's predecessor was appointed shall hold office for the | 9077 |
| remainder of such term. Any appointed member shall continue in | 9078 |
| office subsequent to the expiration date of the member's term | 9079 |
| until the member's successor takes office, or until a period of | 9080 |
| sixty days has elapsed, whichever occurs first. | 9081 |
| Members of the board have full voting rights, except for the | 9082 |
| member representing students who shall be a nonvoting member. Each | 9083 |
| member of the board appointed by the governor shall be compensated | 9084 |
|
at the rate established pursuant to division | 9085 |
|
124.15 of the Revised Code | 9086 |
| 9087 | |
| 9088 | |
| the governor may be compensated for the expenses necessarily | 9089 |
| incurred in the attendance at meetings or in performing other | 9090 |
| services for the board. The chairperson of the board shall | 9091 |
| annually be elected or determined as follows: | 9092 |
| (A) If both members of the board representing the general | 9093 |
| public have served on the board for at least one year, the members | 9094 |
| shall elect one of these two members as chairperson. If one of | 9095 |
| these members declines to be elected or serve, the other member | 9096 |
| representing the general public shall be chairperson. If both | 9097 |
| members representing the general public decline to be elected or | 9098 |
| serve, division (C) of this section shall apply. | 9099 |
| (B) If only one member of the board representing the general | 9100 |
| public has served on the board for at least one year, this member | 9101 |
| shall be chairperson. If this member declines to serve, division | 9102 |
| (C) of this section shall apply. | 9103 |
| (C) If neither member of the board representing the general | 9104 |
| public has served on the board for at least one year or if this | 9105 |
| division applies pursuant to division (A) or (B) of this section, | 9106 |
| the members of the board shall elect a chairperson from among any | 9107 |
| of the voting members of the board who have served on the board | 9108 |
| for at least one year. | 9109 |
| Sec. 3701.33. The public health council shall consist of the | 9110 |
| following seven members to be appointed by the governor: | 9111 |
| (A) Three physicians who are licensed to practice medicine in | 9112 |
| the state; | 9113 |
| (B) A pharmacist who is licensed to practice pharmacy in the | 9114 |
| state; | 9115 |
| (C) A registered nurse who is licensed to practice nursing as | 9116 |
| a registered nurse in the state; | 9117 |
| (D) A sanitarian who holds a valid certificate of | 9118 |
| registration as a sanitarian issued under section 4736.11 of the | 9119 |
| Revised Code; | 9120 |
| (E) A member of the public who is not associated with or | 9121 |
| financially interested in the practice of medicine, nursing, | 9122 |
| pharmacy, or environmental health and is at least sixty years of | 9123 |
| age. | 9124 |
| Terms of office shall be for seven years, commencing on the | 9125 |
| first day of July and ending on the thirtieth day of June. Each | 9126 |
| member shall hold office from the date of appointment until the | 9127 |
| end of the term for which the member was appointed. Any member | 9128 |
| appointed to fill a vacancy occurring prior to the expiration of | 9129 |
| the term for which the member's predecessor was appointed shall | 9130 |
| hold office for the remainder of such term. Any member shall | 9131 |
| continue in office subsequent to the expiration date of the | 9132 |
| member's term until the member's successor takes office, or until | 9133 |
| a period of sixty days has elapsed, whichever occurs first. | 9134 |
| The council shall meet four times each year and may meet at | 9135 |
| such other times as the business of the council requires. The time | 9136 |
| and place for holding regular meetings shall be fixed in the | 9137 |
| bylaws of the council. Special meetings may be called upon the | 9138 |
| request of any four members of the council or upon request of the | 9139 |
| director of health, and may be held at any place considered | 9140 |
| advisable by the council or director. Four members of the council | 9141 |
| constitute a quorum for the transaction of business. The council, | 9142 |
| on or before the first day of July of each year, shall designate | 9143 |
| the member who shall act as its chairperson for the ensuing year. | 9144 |
| The director, upon request of the council, shall detail an officer | 9145 |
| or employee of the department of health to act as secretary of the | 9146 |
| council, and shall detail such other employees as the council | 9147 |
| requires. | 9148 |
| The members of the council shall be paid the rate established | 9149 |
|
pursuant to division | 9150 |
| while in conference and shall be reimbursed their necessary and | 9151 |
| reasonable traveling and other expenses incurred in the | 9152 |
| performance of their regular duties. | 9153 |
| Sec. 3737.81. (A) There is hereby created the state fire | 9154 |
| commission consisting of ten members to be appointed by the | 9155 |
| governor with the advice and consent of the senate. The state fire | 9156 |
| marshal or chief deputy fire marshal, a representative designated | 9157 |
| by the department of public safety who has tenure in fire | 9158 |
| suppression, and a representative designated by the board of | 9159 |
| building standards shall be ex officio members. Of the initial | 9160 |
| appointments made to the commission, two shall be for a term | 9161 |
| ending one year after November 1, 1978, two shall be for a term | 9162 |
| ending two years after that date, two shall be for a term ending | 9163 |
| three years after that date, two shall be for a term ending four | 9164 |
| years after that date, and two shall be for a term ending five | 9165 |
| years after that date. Thereafter, terms of office shall be for | 9166 |
| five years, each term ending on the same day of the same month of | 9167 |
| the year as did the term which it succeeds. Each member shall hold | 9168 |
| office from the date of appointment until the end of the term for | 9169 |
| which the member was appointed. Any member appointed to fill a | 9170 |
| vacancy occurring prior to the expiration of the term for which | 9171 |
| the member's predecessor was appointed shall hold office for the | 9172 |
| remainder of that term. Any member shall continue in office | 9173 |
| subsequent to the expiration date of the member's term until a | 9174 |
| successor takes office, or until a period of sixty days has | 9175 |
| elapsed, whichever occurs first. Members shall be qualified by | 9176 |
| experience and training to deal with the matters that are the | 9177 |
| responsibility of the commission. Two members shall be members of | 9178 |
| paid fire services, one shall be a member of volunteer fire | 9179 |
| services, two shall be mayors, managers, or members of legislative | 9180 |
| authorities of municipal corporations, one shall represent | 9181 |
| commerce and industry, one shall be a representative of a fire | 9182 |
| insurance company domiciled in this state, one shall represent the | 9183 |
| flammable liquids industry, one shall represent the construction | 9184 |
| industry, and one shall represent the public. At no time shall | 9185 |
| more than six members be members of or associated with the same | 9186 |
| political party. Membership on the commission shall not constitute | 9187 |
| holding a public office, and no person shall forfeit or otherwise | 9188 |
| vacate the person's office or position of employment because of | 9189 |
| membership on the commission. | 9190 |
| (B) The ex officio members may not vote, except that the | 9191 |
| state fire marshal or chief deputy fire marshal may vote in case | 9192 |
| of a tie. | 9193 |
| (C) Each member of the commission, other than ex officio | 9194 |
|
members, shall be paid an amount fixed pursuant to division | 9195 |
| of section 124.15 of the Revised Code, and the member's actual and | 9196 |
| necessary expenses. | 9197 |
| (D) The commission shall select a chairperson and a | 9198 |
| vice-chairperson from among its members. No business may be | 9199 |
| transacted in the absence of a quorum. A quorum shall be at least | 9200 |
| six members, excluding ex officio members, and shall include | 9201 |
| either the chairperson or vice-chairperson. The commission shall | 9202 |
| hold regular meetings at least once every two months and may meet | 9203 |
| at any other time at the call of the chairperson. | 9204 |
| (E) The state fire marshal shall provide the commission with | 9205 |
| office space, meeting rooms, staff, and clerical assistance | 9206 |
| necessary for the commission to perform its duties. If the | 9207 |
| commission maintains the Ohio fire service hall of fame under | 9208 |
| division (C) of section 3737.03 of the Revised Code, the state | 9209 |
| fire marshal shall preserve, in an appropriate manner, in the | 9210 |
| office space or meeting rooms provided to the commission under | 9211 |
| this division or in another location, copies of all official | 9212 |
| commendations awarded to individuals recognized and commemorated | 9213 |
| for their exemplary accomplishments and acts of heroism at | 9214 |
| fire-related incidents or similar events that occurred in this | 9215 |
| state. | 9216 |
| (F) If the commission maintains the Ohio fire service hall of | 9217 |
| fame under division (C) of section 3737.03 of the Revised Code, | 9218 |
| the expenses incurred for the recognition and commemoration of | 9219 |
| individuals for their exemplary accomplishments and acts of | 9220 |
| heroism at fire-related incidents or similar events that occurred | 9221 |
| in this state, including, but not limited to, expenses for | 9222 |
| official commendations and an annual awards ceremony as described | 9223 |
| in division (B) of section 3737.03 of the Revised Code, may be | 9224 |
| paid from moneys appropriated by the general assembly for purposes | 9225 |
| of that recognition and commemoration, from moneys that are | 9226 |
| available to the state fire marshal under this chapter, or from | 9227 |
| other funding sources available to the commission. | 9228 |
| Sec. 3737.90. (A) There is hereby created the petroleum | 9229 |
| underground storage tank release compensation board consisting of | 9230 |
| the treasurer of state and the directors of commerce and | 9231 |
| environmental protection as members ex officio, or their | 9232 |
| designees, and nine members to be appointed by the governor with | 9233 |
| the advice and consent of the senate. No more than five of the | 9234 |
| appointed members shall be affiliated with the same political | 9235 |
| party. Of the appointed members, one shall represent the interests | 9236 |
| of petroleum refiners, one shall represent the interests of | 9237 |
| petroleum marketers, one shall represent the interests of retail | 9238 |
| petroleum dealers, one shall represent the interests of local | 9239 |
| governments, one shall have experience in casualty and fire or | 9240 |
| pollution liability insurance, two shall represent the interests | 9241 |
| of businesses that own petroleum underground storage tanks and are | 9242 |
| not primarily engaged in the sale of petroleum, and two shall be | 9243 |
| professional engineers registered under Chapter 4733. of the | 9244 |
| Revised Code with experience in geology or environmental | 9245 |
| engineering who shall represent the interests of the public and | 9246 |
| shall not be associated with the petroleum industry. | 9247 |
| Of the initial appointments to the board, three shall be for | 9248 |
| a term ending July 11, 1990, three shall be for a term ending July | 9249 |
| 11, 1991, and three shall be for a term ending July 11, 1992. | 9250 |
| Thereafter, terms of office shall be for three years, with each | 9251 |
| term ending on the same day of the same month as did the term that | 9252 |
|
it succeeds. Each member shall hold office from the date of | 9253 |
| the member's appointment until the end of the term for which | 9254 |
| the member was appointed. Members may be reappointed. Vacancies | 9255 |
| shall be filled in the manner provided for original appointments. | 9256 |
| Any member appointed to fill a vacancy occurring prior to the | 9257 |
|
expiration date of the term for which | 9258 |
| was appointed shall hold office as a member for the remainder of | 9259 |
| that term. A member shall continue in office subsequent to the | 9260 |
|
expiration date of | 9261 |
| successor takes office or until a period of sixty days has | 9262 |
| elapsed, whichever occurs first. Appointed members of the board | 9263 |
| shall be compensated on a per diem basis in accordance with | 9264 |
|
division | 9265 |
| of actual attendance at meetings of the board. Members shall | 9266 |
| receive their actual and necessary expenses incurred in the | 9267 |
| performance of their duties as members of the board. | 9268 |
| The petroleum underground storage tank release compensation | 9269 |
| board is a body both corporate and politic in this state, and the | 9270 |
| carrying out of its purposes and the exercise by it of the powers | 9271 |
| conferred by sections 3737.90 to 3737.98 of the Revised Code shall | 9272 |
| be held to be, and are hereby determined to be, essential | 9273 |
| governmental functions and public purposes of the state. | 9274 |
| Each appointed member of the board shall give a surety bond | 9275 |
| to the state in the penal sum of not less than twenty-five | 9276 |
|
thousand dollars as determined by the board. The | 9277 |
| chairperson of the board shall give a bond in the penal sum of not | 9278 |
| less than fifty thousand dollars as determined by the board. Each | 9279 |
| surety bond shall be conditioned upon the faithful performance of | 9280 |
| the duties of the office, be executed by a surety company | 9281 |
| authorized to transact business in this state, be approved by the | 9282 |
| governor, and be filed in the office of the secretary of state. | 9283 |
| The surety bonds shall be given at such time as is established by | 9284 |
| the board, provided that they shall be given prior to the issuance | 9285 |
| of any revenue bonds by the board under sections 3737.90 to | 9286 |
| 3737.948 of the Revised Code. | 9287 |
| The board shall meet at least quarterly and shall hold such | 9288 |
| additional meetings as are necessary to implement and administer | 9289 |
| sections 3737.90 to 3737.98 of the Revised Code. Additional | 9290 |
| meetings may be called in accordance with rules adopted under this | 9291 |
| section. The board shall annually select from among its members a | 9292 |
| 9293 |
| A majority of the members of the board constitutes a quorum | 9294 |
| for the transaction of any business of the board. | 9295 |
| (B) The board may: | 9296 |
| (1) In accordance with Chapter 119. of the Revised Code, | 9297 |
| adopt, amend, and rescind rules establishing procedures for | 9298 |
| calling special meetings of the board; | 9299 |
| (2) In accordance with Chapter 119. of the Revised Code, | 9300 |
| adopt, amend, and rescind such other rules as are necessary or | 9301 |
| appropriate to implement and administer sections 3737.90 to | 9302 |
| 3737.98 of the Revised Code, including, without limitation, rules | 9303 |
| for the administration of the petroleum underground storage tank | 9304 |
| linked deposit program established under sections 3737.95 to | 9305 |
| 3737.98 of the Revised Code; rules establishing priorities for the | 9306 |
| payment of claims under section 3737.92 of the Revised Code on the | 9307 |
| petroleum underground storage tank financial assurance fund | 9308 |
| created in section 3737.91 of the Revised Code based upon a | 9309 |
| consideration of the date that a claim is originally filed and the | 9310 |
| threat posed to human health and the environment by the release to | 9311 |
| which the claim applies; and rules providing for the payment of | 9312 |
| any such claims in installments, when appropriate. The rules | 9313 |
| adopted under division (B)(2) of this section shall be consistent | 9314 |
| with section 9003 of the "Resource Conservation and Recovery Act | 9315 |
| of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as amended, and | 9316 |
| regulations adopted under it. | 9317 |
| (3) Employ and fix the compensation of the director of the | 9318 |
| petroleum underground storage tank financial assurance fund and | 9319 |
| such other personnel as are necessary to implement and administer | 9320 |
| sections 3737.90 to 3737.98 of the Revised Code and rules adopted | 9321 |
| under them. The board may designate positions in the unclassified | 9322 |
| civil service for which it may employ persons who shall be | 9323 |
| eligible for membership in the public employees retirement system | 9324 |
| under Chapter 145. of the Revised Code and who shall not be | 9325 |
| subject to Chapter 4117. of the Revised Code. | 9326 |
| (4) Enter into contracts or agreements for the purposes of | 9327 |
| sections 3737.90 to 3737.98 of the Revised Code, including, | 9328 |
| without limitation, a contract for administration of the petroleum | 9329 |
| underground storage tank financial assurance fund by an agent; | 9330 |
| (5) Sue or be sued in its own name in actions arising out of | 9331 |
| any act or omission in connection with its business or affairs | 9332 |
| under sections 3737.90 to 3737.98 of the Revised Code; | 9333 |
| (6) Issue revenue bonds payable solely from revenues as | 9334 |
| provided in sections 3737.94 to 3737.948 of the Revised Code for | 9335 |
| the purpose of funding the petroleum underground storage tank | 9336 |
| financial assurance fund to preserve jobs and employment | 9337 |
| opportunities in the state and to control water pollution and | 9338 |
| ensure the viability of ground water in the state by | 9339 |
| reimbursements to responsible persons for improving property | 9340 |
| damaged by releases of petroleum; | 9341 |
| (7) Establish by rule the maximum percentage of the petroleum | 9342 |
| underground storage tank financial assurance fund that may be used | 9343 |
| to make petroleum underground storage tank linked deposits under | 9344 |
| sections 3737.95 to 3737.98 of the Revised Code. | 9345 |
| (C) Section 9.86 of the Revised Code applies to the petroleum | 9346 |
| underground storage tank release compensation board and to any | 9347 |
| officer or employee of the board, as "officer" and "employee" are | 9348 |
| defined in section 109.36 of the Revised Code. | 9349 |
| (D) The board, in the conduct of its functions and duties, is | 9350 |
| not subject to the regulation of the superintendent of insurance | 9351 |
| under Title XXXIX of the Revised Code nor any rules of the | 9352 |
| department of insurance adopted thereunder. | 9353 |
| Sec. 3770.02. (A) Subject to the advice and consent of the | 9354 |
| senate, the governor shall appoint a director of the state lottery | 9355 |
| commission who shall serve at the pleasure of the governor. The | 9356 |
| director shall devote full time to the duties of the office and | 9357 |
| shall hold no other office or employment. The director shall meet | 9358 |
| all requirements for appointment as a member of the commission and | 9359 |
| shall, by experience and training, possess management skills that | 9360 |
| equip the director to administer an enterprise of the nature of a | 9361 |
| state lottery. The director shall receive an annual salary | 9362 |
| determined by the director of administrative services in | 9363 |
|
accordance with | 9364 |
| Code. | 9365 |
| (B)(1) The director shall attend all meetings of the | 9366 |
| commission and shall act as its secretary. The director shall keep | 9367 |
| a record of all commission proceedings and shall keep the | 9368 |
| commission's records, files, and documents at the commission's | 9369 |
| principal office. All records of the commission's meetings shall | 9370 |
| be available for inspection by any member of the public, upon a | 9371 |
| showing of good cause and prior notification to the director. | 9372 |
| (2) The director shall be the commission's executive officer | 9373 |
| and shall be responsible for keeping all commission records and | 9374 |
| supervising and administering the state lottery in accordance with | 9375 |
| this chapter, and carrying out all commission rules adopted under | 9376 |
| section 3770.03 of the Revised Code. | 9377 |
| (C)(1) The director shall appoint an assistant director, | 9378 |
| deputy directors of marketing, operations, sales, finance, public | 9379 |
| relations, security, and administration, and as many regional | 9380 |
| managers as are required. The director may also appoint necessary | 9381 |
| professional, technical, and clerical assistants. All such | 9382 |
| officers and employees shall be appointed and compensated pursuant | 9383 |
| to Chapter 124. of the Revised Code. Regional and assistant | 9384 |
| regional managers, sales representatives, and any lottery | 9385 |
| executive account representatives shall remain in the unclassified | 9386 |
| service. | 9387 |
| (2) The director, in consultation with the director of | 9388 |
| administrative services, may establish standards of proficiency | 9389 |
| and productivity for commission field representatives. | 9390 |
| (D) The director shall request the bureau of criminal | 9391 |
| identification and investigation, the department of public safety, | 9392 |
| or any other state, local, or federal agency to supply the | 9393 |
| director with the criminal records of any job applicant and may | 9394 |
| periodically request the criminal records of commission employees. | 9395 |
| At or prior to the time of making such a request, the director | 9396 |
| shall require a job applicant or commission employee to obtain | 9397 |
| fingerprint cards prescribed by the superintendent of the bureau | 9398 |
| of criminal identification and investigation at a qualified law | 9399 |
| enforcement agency, and the director shall cause these fingerprint | 9400 |
| cards to be forwarded to the bureau of criminal identification and | 9401 |
| investigation and the federal bureau of investigation. The | 9402 |
| commission shall assume the cost of obtaining the fingerprint | 9403 |
| cards and shall pay to each agency supplying criminal records for | 9404 |
| each investigation under this division a reasonable fee, as | 9405 |
| determined by the agency. | 9406 |
| (E) The director shall license lottery sales agents pursuant | 9407 |
| to section 3770.05 of the Revised Code and, when it is considered | 9408 |
| necessary, may revoke or suspend the license of any lottery sales | 9409 |
| agent. | 9410 |
| (F) The director shall confer at least once each month with | 9411 |
| the commission, at which time the director shall advise it | 9412 |
| regarding the operation and administration of the lottery. The | 9413 |
| director shall make available at the request of the commission all | 9414 |
| documents, files, and other records pertaining to the operation | 9415 |
| and administration of the lottery. The director shall prepare and | 9416 |
| make available to the commission each month a complete and | 9417 |
| accurate accounting of lottery revenues, prize money disbursements | 9418 |
| and the cost of goods and services awarded as prizes, operating | 9419 |
| expenses, and all other relevant financial information, including | 9420 |
| an accounting of all transfers made from any lottery funds in the | 9421 |
| custody of the treasurer of state to benefit education. | 9422 |
| (G) The director may enter into contracts for the operation | 9423 |
| or promotion of the lottery pursuant to Chapter 125. of the | 9424 |
| Revised Code. | 9425 |
| (H)(1) Pursuant to rules adopted by the commission under | 9426 |
| section 3770.03 of the Revised Code, the director shall require | 9427 |
| any lottery sales agents to either mail directly to the commission | 9428 |
| or deposit to the credit of the state lottery fund, in banking | 9429 |
| institutions designated by the treasurer of state, net proceeds | 9430 |
| due the commission as determined by the director, and to file with | 9431 |
| the director or the director's designee reports of their receipts | 9432 |
| and transactions in the sale of lottery tickets in the form | 9433 |
| required by the director. | 9434 |
| (2) Pursuant to rules adopted by the commission under Chapter | 9435 |
| 119. of the Revised Code, the director may impose penalties for | 9436 |
| the failure of a sales agent to transfer funds to the commission | 9437 |
| in a timely manner. Penalties may include monetary penalties, | 9438 |
| immediate suspension or revocation of a license, or any other | 9439 |
| penalty the commission adopts by rule. | 9440 |
| (I) The director may arrange for any person, or any banking | 9441 |
| institution, to perform functions and services in connection with | 9442 |
| the operation of the lottery as the director may consider | 9443 |
| necessary to carry out this chapter. | 9444 |
| (J)(1) As used in this chapter, "statewide joint lottery | 9445 |
| game" means a lottery game that the commission sells solely within | 9446 |
| this state under an agreement with other lottery jurisdictions to | 9447 |
| sell the same lottery game solely within their statewide or other | 9448 |
| jurisdictional boundaries. | 9449 |
| (2) If the governor directs the director to do so, the | 9450 |
| director shall enter into an agreement with other lottery | 9451 |
| jurisdictions to conduct statewide joint lottery games. If the | 9452 |
| governor signs the agreement personally or by means of an | 9453 |
| authenticating officer pursuant to section 107.15 of the Revised | 9454 |
| Code, the director then may conduct statewide joint lottery games | 9455 |
| under the agreement. | 9456 |
| (3) The entire net proceeds from any statewide joint lottery | 9457 |
| games shall be used to fund elementary, secondary, vocational, and | 9458 |
| special education programs in this state. | 9459 |
| (4) The commission shall conduct any statewide joint lottery | 9460 |
| games in accordance with rules it adopts under division (B)(5) of | 9461 |
| section 3770.03 of the Revised Code. | 9462 |
| (K)(1) The director shall enter into an agreement with the | 9463 |
| department of alcohol and drug addiction services under which the | 9464 |
| department shall provide a program of gambling addiction services | 9465 |
| on behalf of the commission. The commission shall pay the costs of | 9466 |
| the program provided pursuant to the agreement. | 9467 |
| (2) As used in this section, "gambling addiction services" | 9468 |
| has the same meaning as in section 3793.01 of the Revised Code. | 9469 |
| Sec. 3772.06. (A)(1) The commission shall appoint an | 9470 |
| executive director who shall serve at the pleasure of the | 9471 |
| commission. The executive director is in the unclassified service, | 9472 |
| shall devote full time to the duties of the office, and shall hold | 9473 |
| no other office or employment. The executive director shall, by | 9474 |
| experience and training, possess management skills that equip the | 9475 |
| executive director to administer an enterprise of the nature of | 9476 |
| the commission. The executive director shall not have a pecuniary | 9477 |
| interest in any business organization that holds a license under | 9478 |
| this chapter, or that does business with any person licensed under | 9479 |
| this chapter. A member of the general assembly, a person who holds | 9480 |
| an elective office, or an office holder of a political party is | 9481 |
| ineligible to be appointed executive director at the same time as | 9482 |
| being such a member or holding such an office. The executive | 9483 |
| director shall receive an annual salary established in rules | 9484 |
| adopted by the director of administrative services in accordance | 9485 |
|
with | 9486 |
| (2) The executive director, before entering upon the | 9487 |
| discharge of the executive director's official duties, shall give, | 9488 |
| and thereafter shall maintain, bond in the amount of twenty-five | 9489 |
| thousand dollars, payable to the state, conditioned upon the | 9490 |
| executive director's faithful and proper performance of the | 9491 |
| executive director's official duties. The bond shall be issued by | 9492 |
| a surety authorized to do business in this state and shall be | 9493 |
| filed with the secretary of state. The bond may be an individual | 9494 |
| bond or a schedule or blanket bond. | 9495 |
| (B)(1) The executive director or a deputy designated in | 9496 |
| writing by the executive director shall attend all meetings of the | 9497 |
| commission and shall act as its secretary. The executive director | 9498 |
| shall keep a record of all commission proceedings and shall keep | 9499 |
| the commission's records, files, and documents at the commission's | 9500 |
| principal office. | 9501 |
| (2) The executive director shall be the chief executive | 9502 |
| officer and shall be responsible for keeping all commission | 9503 |
| records and supervising and administering casino gaming in | 9504 |
| accordance with this chapter, and enforcing all commission rules | 9505 |
| adopted under this chapter. | 9506 |
| (3) The executive director shall hire staff, including an | 9507 |
| assistant director or deputy directors, as necessary to assist the | 9508 |
| executive director in the executive director's duties under this | 9509 |
| chapter. In appointing employees, the executive director is | 9510 |
| subject to section 3772.061 of the Revised Code. The executive | 9511 |
| director may employ employees as necessary, unless the commission | 9512 |
| determines otherwise. Except as otherwise provided in this | 9513 |
| chapter, all costs of administration incurred by the executive | 9514 |
| director and the executive director's employees shall be paid out | 9515 |
| of the casino control commission fund. | 9516 |
| (C) A state agency or other unit of state government shall | 9517 |
| cooperate with the commission, and shall provide the commission | 9518 |
| with information and services the commission considers necessary | 9519 |
| to carry out the commission's duties and functions under this | 9520 |
| chapter. | 9521 |
| (D) The executive director shall confer at least once each | 9522 |
| month with the commission, at which time the executive director | 9523 |
| shall advise it regarding the operation and administration of the | 9524 |
| commission and casino gaming. The executive director shall make | 9525 |
| available at the request of the commission all documents, files, | 9526 |
| and other records pertaining to the operation and administration | 9527 |
| of the commission and casino gaming. The executive director shall | 9528 |
| prepare and make available to the commission each month a complete | 9529 |
| and accurate accounting of gross casino gaming revenues, and all | 9530 |
| other relevant financial information, including an accounting of | 9531 |
| all transfers made from the casino control commission fund. | 9532 |
| Sec. 3773.33. (A) There is hereby created the Ohio athletic | 9533 |
| commission. The commission shall consist of five voting members | 9534 |
| appointed by the governor with the advice and consent of the | 9535 |
| senate, not more than three of whom shall be of the same political | 9536 |
| party, and two nonvoting members, one of whom shall be a member of | 9537 |
| the senate appointed by and to serve at the pleasure of the | 9538 |
| president of the senate and one of whom shall be a member of the | 9539 |
| house of representatives appointed by and to serve at the pleasure | 9540 |
| of the speaker of the house of representatives. To be eligible for | 9541 |
| appointment as a voting member, a person shall be a qualified | 9542 |
| elector and a resident of the state for not less than five years | 9543 |
| immediately preceding the person's appointment. Two voting members | 9544 |
| shall be knowledgeable in boxing, at least one voting member shall | 9545 |
| be knowledgeable and experienced in high school athletics, one | 9546 |
| voting member shall be knowledgeable and experienced in | 9547 |
| professional athletics, and at least one voting member shall be | 9548 |
| knowledgeable and experienced in collegiate athletics. One | 9549 |
| commission member shall hold the degree of doctor of medicine or | 9550 |
| doctor of osteopathy. | 9551 |
| (B) No person shall be appointed to the commission or be an | 9552 |
| employee of the commission who is licensed, registered, or | 9553 |
| regulated by the commission. No member shall have any legal or | 9554 |
| beneficial interest, direct or indirect, pecuniary or otherwise, | 9555 |
| in any person who is licensed, registered, or regulated by the | 9556 |
| commission or who participates in prize fights or public boxing or | 9557 |
| wrestling matches or exhibitions. No member shall participate in | 9558 |
| any fight, match, or exhibition other than in the member's | 9559 |
| official capacity as a member of the commission, or as an | 9560 |
| inspector as authorized in section 3773.52 of the Revised Code. | 9561 |
| (C) The governor shall appoint the voting members to the | 9562 |
| commission. Of the initial appointments, two shall be for terms | 9563 |
| ending one year after September 3, 1996, two shall be for terms | 9564 |
| ending two years after September 3, 1996, and one shall be for a | 9565 |
| term ending three years after September 3, 1996. Thereafter, terms | 9566 |
| of office shall be for three years, each term ending the same day | 9567 |
| of the same month of the year as did the term which it succeeds. | 9568 |
| Each member shall hold office from the date of the member's | 9569 |
| appointment until the end of the term for which the member was | 9570 |
| appointed. Any member appointed to fill a vacancy occurring prior | 9571 |
| to the expiration of the term for which the member's predecessor | 9572 |
| was appointed shall hold office for the remainder of the term. Any | 9573 |
| member shall continue in office subsequent to the expiration date | 9574 |
| of the member's term until the member's successor takes office, or | 9575 |
| until a period of sixty days has elapsed, whichever occurs first. | 9576 |
| The governor shall name one voting member as chairperson of | 9577 |
| the commission at the time of making the appointment of any member | 9578 |
| for a full term. Three voting members shall constitute a quorum, | 9579 |
| and the affirmative vote of three voting members shall be | 9580 |
| necessary for any action taken by the commission. No vacancy on | 9581 |
| the commission impairs the authority of the remaining members to | 9582 |
| exercise all powers of the commission. | 9583 |
| Voting members, when engaged in commission duties, shall | 9584 |
| receive a per diem compensation determined in accordance with | 9585 |
|
division
| 9586 |
| members shall receive their actual and necessary expenses incurred | 9587 |
| in the performance of their official duties. | 9588 |
| Each voting member, before entering upon the discharge of the | 9589 |
| member's duties, shall file a surety bond payable to the treasurer | 9590 |
| of state in the sum of ten thousand dollars. Each surety bond | 9591 |
| shall be conditioned upon the faithful performance of the duties | 9592 |
| of the office, executed by a surety company authorized to transact | 9593 |
| business in this state, and filed in the office of the secretary | 9594 |
| of state. | 9595 |
| The governor may remove any voting member for malfeasance, | 9596 |
| misfeasance, or nonfeasance in office after giving the member a | 9597 |
| copy of the charges against the member and affording the member an | 9598 |
| opportunity for a public hearing, at which the member may be | 9599 |
| represented by counsel, upon not less than ten days' notice. If | 9600 |
| the member is removed, the governor shall file a complete | 9601 |
| statement of all charges made against the member and the | 9602 |
| governor's finding on the charges in the office of the secretary | 9603 |
| of state, together with a complete report of the proceedings. The | 9604 |
| governor's decision shall be final. | 9605 |
| Sec. 3781.07. There is hereby established in the department | 9606 |
| of commerce a board of building standards consisting of fifteen | 9607 |
| members appointed by the governor with the advice and consent of | 9608 |
| the senate. The board shall appoint a secretary who shall serve in | 9609 |
| the unclassified civil service for a term of six years at a salary | 9610 |
| fixed pursuant to Chapter 124. of the Revised Code. The board may | 9611 |
| employ additional staff in the classified civil service. The | 9612 |
| secretary may be removed by the board under the rules the board | 9613 |
| adopts. Terms of office shall be for four years, commencing on the | 9614 |
| fourteenth day of October and ending on the thirteenth day of | 9615 |
| October. Each member shall hold office from the date of | 9616 |
| appointment until the end of the term for which the member was | 9617 |
| appointed. Any member appointed to fill a vacancy occurring prior | 9618 |
| to the expiration of the term for which the member's predecessor | 9619 |
| was appointed shall hold office for the remainder of such term. | 9620 |
| Any member shall continue in office subsequent to the expiration | 9621 |
| date of the member's term until the member's successor takes | 9622 |
| office, or until a period of sixty days has elapsed, whichever | 9623 |
| occurs first. One of the members appointed to the board shall be | 9624 |
| an attorney at law, admitted to the bar of this state; two shall | 9625 |
| be registered architects; two shall be professional engineers, one | 9626 |
| in the field of mechanical and one in the field of structural | 9627 |
| engineering, each of whom shall be duly licensed to practice such | 9628 |
| profession in this state; one shall be a person of recognized | 9629 |
| ability, broad training, and fifteen years experience in problems | 9630 |
| and practice incidental to the construction and equipment of | 9631 |
| buildings specified in section 3781.06 of the Revised Code; one | 9632 |
| shall be a person with recognized ability and experience in the | 9633 |
| manufacture and construction of industrialized units as defined in | 9634 |
| section 3781.06 of the Revised Code; one shall be a member of the | 9635 |
| fire service with recognized ability and broad training in the | 9636 |
| field of fire protection and suppression; one shall be a person | 9637 |
| with at least ten years of experience and recognized expertise in | 9638 |
| building codes and standards and the manufacture of construction | 9639 |
| materials; one shall be a general contractor with experience in | 9640 |
| residential and commercial construction; two, chosen from a list | 9641 |
| of ten names the Ohio home builders association submits to the | 9642 |
| governor, shall be general contractors who have recognized ability | 9643 |
| in the construction of residential buildings; one shall be a | 9644 |
| person with recognized ability and experience in the use of | 9645 |
| advanced and renewable energy in the construction of commercial | 9646 |
| and residential buildings; one shall be a person with recognized | 9647 |
| ability and experience in the use of energy conservation in the | 9648 |
| construction of commercial and residential buildings; and one, | 9649 |
| chosen from a list of three names the Ohio municipal league | 9650 |
| submits to the governor, shall be the mayor of a municipal | 9651 |
| corporation in which the Ohio residential and nonresidential | 9652 |
| building codes are being enforced in the municipal corporation by | 9653 |
| a certified building department. Each member of the board, not | 9654 |
| otherwise required to take an oath of office, shall take the oath | 9655 |
| prescribed by the constitution. Each member shall receive as | 9656 |
|
compensation an amount fixed pursuant to division | 9657 |
| section 124.15 of the Revised Code, and shall receive actual and | 9658 |
| necessary expenses in the performance of official duties. The | 9659 |
| amount of such expenses shall be certified by the secretary of the | 9660 |
| board and paid in the same manner as the expenses of employees of | 9661 |
| the department of commerce are paid. | 9662 |
| Sec. 4112.03. There is hereby created the Ohio civil rights | 9663 |
| commission to consist of five members, not more than three of whom | 9664 |
| shall be of the same political party, to be appointed by the | 9665 |
| governor, with the advice and consent of the senate, one of whom | 9666 |
|
shall be designated by the governor as | 9667 |
| least one member shall be at least sixty years of age. | 9668 |
| Terms of office shall be for five years, commencing on the | 9669 |
| twenty-ninth day of July and ending on the twenty-eighth day of | 9670 |
|
July. Each member shall hold office from the date of | 9671 |
|
appointment until the end of the term for which | 9672 |
| appointed. Any member appointed to fill a vacancy occurring prior | 9673 |
|
to the expiration of the term for which | 9674 |
| predecessor was appointed shall hold office for the remainder of | 9675 |
| such term. Any member shall continue in office subsequent to the | 9676 |
|
expiration date of | 9677 |
| successor takes office, or until a period of sixty days has | 9678 |
| elapsed, whichever occurs first. | 9679 |
| Three members of the commission shall constitute a quorum for | 9680 |
| the purpose of conducting the business thereof. A vacancy in the | 9681 |
| commission shall not impair the right of the remaining members to | 9682 |
| exercise all the powers of the commission. | 9683 |
| Each member of the commission shall be paid a salary | 9684 |
|
established pursuant to division | 9685 |
| Revised Code plus necessary and actual expenses while traveling on | 9686 |
| business of the commission. | 9687 |
| Any member of the commission may be removed by the governor | 9688 |
| for inefficiency, neglect of duty, misconduct, or malfeasance in | 9689 |
| office, after being given a written statement of the charges | 9690 |
|
against | 9691 |
| thereon. | 9692 |
| Sec. 4113.80. (A) As used in this section, "public employer" | 9693 |
| means the state or any agency or instrumentality of the state, and | 9694 |
| any municipal corporation, county, township, school district, or | 9695 |
| other political subdivision or any agency or instrumentality of a | 9696 |
| municipal corporation, county, township, school district, or other | 9697 |
| political subdivision. | 9698 |
| (B) "Age," "ancestry," "color," "disability," "military | 9699 |
| status," "national origin," "race," "religion," and "sex" have the | 9700 |
| same meanings and shall be construed in the same manner as in | 9701 |
| Chapter 4112. of the Revised Code. | 9702 |
| (C) When determining whether to lay off an employee as part | 9703 |
| of a reduction in force, a public employer shall not consider the | 9704 |
| race, color, religion, sex, military status, national origin, | 9705 |
| disability, age, or ancestry of the employee in violation of | 9706 |
| Chapter 4112. of the Revised Code or any applicable federal law. | 9707 |
| Sec. 4117.01. As used in this chapter: | 9708 |
| (A) "Person," in addition to those included in division (C) | 9709 |
| of section 1.59 of the Revised Code, includes employee | 9710 |
| organizations, public employees, and public employers. | 9711 |
| (B)(1) "Public employer" means the state or any political | 9712 |
| subdivision of the state located entirely within the state, | 9713 |
|
including | 9714 |
| (a) A municipal corporation with a population of at least | 9715 |
| five thousand according to the most recent federal decennial | 9716 |
| census; | 9717 |
| (b) A county; | 9718 |
| (c) A township with a population of at least five thousand in | 9719 |
| the unincorporated area of the township according to the most | 9720 |
| recent federal decennial census; | 9721 |
| (d) A school district; | 9722 |
| (e) The governing authority of a conversion community school | 9723 |
| established under Chapter 3314. of the Revised Code, unless the | 9724 |
| governing authority has submitted a statement to the state | 9725 |
| employment relations board under division (A)(4) of section | 9726 |
| 3314.10 of the Revised Code; | 9727 |
| (f) A state institution of higher learning; | 9728 |
| (g) A public or special district; | 9729 |
| (h) A state agency, authority, commission, or board; | 9730 |
| (i) Any other branch of public employment. | 9731 |
| (2) Except as otherwise provided in division (B)(1)(e) of | 9732 |
|
this section, "public employer" does not include | 9733 |
| following: | 9734 |
| (a) The nonprofit corporation formed under section 187.01 of | 9735 |
| the Revised Code; | 9736 |
| (b) The governing authority of a community school established | 9737 |
| under Chapter 3314. of the Revised Code. | 9738 |
| (C) "Public employee" means any person holding a position by | 9739 |
| appointment or employment in the service of a public employer, | 9740 |
| 9741 | |
| 9742 | |
| 9743 | |
| 9744 |
| (1) Persons holding elective office; | 9745 |
| (2) Employees of the general assembly and employees of any | 9746 |
| other legislative body of the public employer whose principal | 9747 |
| duties are directly related to the legislative functions of the | 9748 |
| body; | 9749 |
| (3) Employees on the staff of the governor or the chief | 9750 |
| executive of the public employer whose principal duties are | 9751 |
| directly related to the performance of the executive functions of | 9752 |
| the governor or the chief executive; | 9753 |
| (4) Persons who are members of the Ohio organized militia, | 9754 |
| while training or performing duty under section 5919.29 or 5923.12 | 9755 |
| of the Revised Code; | 9756 |
| (5) Employees of the state employment relations board, | 9757 |
| including those employees of the state employment relations board | 9758 |
| utilized by the state personnel board of review in the exercise of | 9759 |
| the powers and the performance of the duties and functions of the | 9760 |
| state personnel board of review; | 9761 |
| (6) Confidential employees; | 9762 |
| (7) Management level employees; | 9763 |
| (8) Employees and officers of the courts, assistants to the | 9764 |
| attorney general, assistant prosecuting attorneys, and employees | 9765 |
| of the clerks of courts who perform a judicial function; | 9766 |
| (9) Employees | 9767 |
| 9768 | |
| service under divisions (A)(8) and (9) of section 124.11 of the | 9769 |
| Revised Code; | 9770 |
| (10) Supervisors, including fire supervisory officers; | 9771 |
| (11) Students whose primary purpose is educational training, | 9772 |
| including graduate assistants or associates, residents, interns, | 9773 |
| or other students working as part-time public employees less than | 9774 |
| fifty per cent of the normal year in the employee's bargaining | 9775 |
| unit; | 9776 |
| (12) Employees of county boards of election; | 9777 |
| (13) Seasonal and casual employees as determined by the state | 9778 |
| employment relations board; | 9779 |
| (14) Part-time faculty members of an institution of higher | 9780 |
| education; | 9781 |
| (15) Participants in a work activity, developmental activity, | 9782 |
| or alternative work activity under sections 5107.40 to 5107.69 of | 9783 |
| the Revised Code who perform a service for a public employer that | 9784 |
| the public employer needs but is not performed by an employee of | 9785 |
| the public employer if the participant is not engaged in paid | 9786 |
| employment or subsidized employment pursuant to the activity; | 9787 |
| (16) Employees included in the career professional service of | 9788 |
| the department of transportation under section 5501.20 of the | 9789 |
| Revised Code; | 9790 |
| (17) Employees of community-based correctional facilities and | 9791 |
| district community-based correctional facilities created under | 9792 |
| sections 2301.51 to 2301.58 of the Revised Code who are not | 9793 |
| subject to a collective bargaining agreement on June 1, 2005; | 9794 |
| (18) Employees of a regional council of government created | 9795 |
| under Chapter 167. of the Revised Code. | 9796 |
| (D) "Employee organization" means any labor or bona fide | 9797 |
| organization in which public employees participate and that exists | 9798 |
| for the purpose, in whole or in part, of dealing with public | 9799 |
| employers concerning grievances, labor disputes, wages, hours, | 9800 |
|
terms, and | 9801 |
| (E) "Exclusive representative" means the employee | 9802 |
| organization certified or recognized as an exclusive | 9803 |
| representative under section 4117.05 of the Revised Code. | 9804 |
| (F) "Supervisor" means any individual who has authority, in | 9805 |
| the interest of the public employer, to hire, transfer, suspend, | 9806 |
| lay off, recall, promote, discharge, assign, reward, or discipline | 9807 |
| other public employees; to responsibly direct them; to adjust | 9808 |
| their grievances; or to effectively recommend such action, if the | 9809 |
| exercise of that authority is not of a merely routine or clerical | 9810 |
| nature, but requires the use of independent judgment, provided | 9811 |
| that: | 9812 |
| (1) Employees of school districts who are department | 9813 |
| chairpersons or consulting teachers shall not be deemed | 9814 |
| supervisors; | 9815 |
| (2) | 9816 |
| 9817 | |
| 9818 | |
| 9819 | |
| 9820 | |
| 9821 | |
| 9822 | |
| 9823 | |
| 9824 | |
| 9825 | |
| 9826 | |
| 9827 | |
| 9828 | |
| 9829 |
| | 9830 |
| higher education, heads of departments or divisions are | 9831 |
|
supervisors; | 9832 |
|
group of faculty members | 9833 |
| 9834 | |
| decisions with respect to courses, curriculum, personnel, or other | 9835 |
| matters of academic or institutional policy are supervisors or | 9836 |
| management level employees; | 9837 |
| | 9838 |
| Revised Code shall be designated as a supervisor or a management | 9839 |
| level employee unless the teacher is employed under a contract | 9840 |
| governed by section 3319.01, 3319.011, or 3319.02 of the Revised | 9841 |
| Code and is assigned to a position for which a license deemed to | 9842 |
| be for administrators under state board rules is required pursuant | 9843 |
| to section 3319.22 of the Revised Code. | 9844 |
| (G) "To bargain collectively" means to perform the mutual | 9845 |
| obligation of the public employer, by its representatives, and the | 9846 |
| representatives of its employees to negotiate in good faith at | 9847 |
| reasonable times and places with respect to wages, hours, terms, | 9848 |
|
and | 9849 |
| 9850 | |
| 9851 | |
| or to resolve questions arising under the agreement. "To bargain | 9852 |
| collectively" includes executing a written contract incorporating | 9853 |
| the terms of any agreement reached. The obligation to bargain | 9854 |
| collectively does not mean that either party is compelled to agree | 9855 |
| to a proposal nor does it require the making of a concession. | 9856 |
| (H) "Strike" | 9857 |
| 9858 | |
| 9859 | |
| 9860 | |
| 9861 | |
| 9862 | |
| 9863 | |
| 9864 | |
| 9865 |
| | 9866 |
|
concerted action | 9867 |
| 9868 | |
| 9869 | |
| failing to report to duty; willful absence from one's position; | 9870 |
| stoppage of work; slowdown, or abstinence in whole or in part from | 9871 |
| the full, faithful, and proper performance of the duties of | 9872 |
| employment for the purpose of inducing, influencing, or coercing a | 9873 |
|
change in wages, hours, terms, and | 9874 |
| 9875 | |
| stoppage, slowdown, or abstinence when done partially or | 9876 |
|
intermittently | 9877 |
| 9878 | |
| 9879 | |
| 9880 |
| | 9881 |
| work that is predominantly intellectual, involving the consistent | 9882 |
| exercise of discretion and judgment in its performance and | 9883 |
| requiring knowledge of an advanced type in a field of science or | 9884 |
| learning customarily acquired by a prolonged course in an | 9885 |
| institution of higher learning or a hospital, as distinguished | 9886 |
| from a general academic education or from an apprenticeship; or an | 9887 |
| employee who has completed the courses of specialized intellectual | 9888 |
| instruction and is performing related work under the supervision | 9889 |
| of a professional person to become qualified as a professional | 9890 |
| employee. | 9891 |
| | 9892 |
| in the personnel offices of a public employer and deals with | 9893 |
| information to be used by the public employer in collective | 9894 |
| bargaining; or any employee who works in a close continuing | 9895 |
| relationship with public officers or representatives directly | 9896 |
| participating in collective bargaining on behalf of the employer. | 9897 |
| | 9898 |
| formulates policy on behalf of the public employer, who | 9899 |
| responsibly directs the implementation of policy, or who may | 9900 |
| reasonably be required on behalf of the public employer to assist | 9901 |
| in the preparation for the conduct of collective negotiations, | 9902 |
| administer collectively negotiated agreements, or have a major | 9903 |
| role in personnel administration. Assistant superintendents, | 9904 |
| principals, and assistant principals whose employment is governed | 9905 |
| by section 3319.02 of the Revised Code are management level | 9906 |
| employees. With respect to members of a faculty of a state | 9907 |
|
institution of higher education, | 9908 |
| 9909 | |
| 9910 | |
| individually or through a faculty senate or like organization, | 9911 |
| participate in the governance of the institution, are involved in | 9912 |
| personnel decisions, selection or review of administrators, | 9913 |
| planning and use of physical resources, budget preparation, and | 9914 |
| determination of educational policies related to admissions, | 9915 |
| curriculum, subject matter, and methods of instruction and | 9916 |
| research are management level employees. | 9917 |
| | 9918 |
| forms of compensation for services rendered. | 9919 |
| | 9920 |
| in the employ of a police department of a municipal corporation as | 9921 |
| a full-time regular police officer as the result of an appointment | 9922 |
| from a duly established civil service eligibility list or under | 9923 |
| section 737.15 or 737.16 of the Revised Code, a full-time deputy | 9924 |
| sheriff appointed under section 311.04 of the Revised Code, a | 9925 |
| township constable appointed under section 509.01 of the Revised | 9926 |
| Code, or a member of a township police district police department | 9927 |
| appointed under section 505.49 of the Revised Code. | 9928 |
| | 9929 |
| patrol troopers and radio operators appointed under section | 9930 |
| 5503.01 of the Revised Code. | 9931 |
| |