Am. Sub. S. B. No. 5 As Passed by the House

As Passed by the House

129th General Assembly

Regular Session

2011-2012

Am. Sub. S. B. No. 5

Senator Jones

A BILL

To amend sections 9.81, 9.90, 9.901, 102.02, 103.74,

109.33, 122.40, 122.64, 122.72, 124.11, 124.134,

124.14, 124.15, 124.152, 124.181, 124.322,

124.325, 124.34, 124.38, 124.382, 124.388, 124.39,

124.81, 124.82, 126.32, 141.01, 141.02, 145.012,

145.47, 306.04, 307.054, 339.06, 339.07, 340.04,

505.38, 505.49, 505.60, 709.012, 742.31, 742.63,

749.082, 749.083, 917.03, 927.69, 991.02, 1349.71,

1509.35, 1513.182, 1513.29, 1545.071, 1551.35,

1707.36, 1707.46, 3301.03, 3304.12, 3306.01,

3307.27, 3307.77, 3309.47, 3311.19, 3313.12,

3313.202, 3313.23, 3313.24, 3313.33, 3313.42,

3314.10, 3316.07, 3317.01, 3317.018, 3317.11,

3317.13, 3319.01, 3319.011, 3319.02, 3319.06,

3319.08, 3319.084, 3319.085, 3319.088, 3319.09,

3319.10, 3319.11, 3319.111, 3319.13, 3319.14,

3319.141, 3319.17, 3319.172, 3319.18, 3319.61,

3319.63, 3326.18, 3332.03, 3701.33, 3737.81,

3737.90, 3770.02, 3772.06, 3773.33, 3781.07,

4112.03, 4117.01, 4117.02, 4117.03, 4117.05,

4117.06, 4117.07, 4117.08, 4117.09, 4117.10,

4117.11, 4117.12, 4117.13, 4117.14, 4117.15,

4117.18, 4117.20, 4117.21, 4123.352, 4301.07,

4517.30, 4701.03, 4701.05, 4703.03, 4703.31,

4709.04, 4715.06, 4717.02, 4723.02, 4725.06,

4725.46, 4729.03, 4730.05, 4731.03, 4732.05,

4733.05, 4734.03, 4738.09, 4741.02, 4747.03,

4753.04, 4755.01, 4757.05, 4758.12, 4759.03,

4761.02, 4763.02, 4775.05, 4905.10, 4906.02,

4911.07, 5107.26, 5119.09, 5123.51, 5126.24,

5139.02, 5503.03, 5505.15, and 5703.09, to enact

new section 3319.112 and sections 124.94, 4113.80,

4117.081, 4117.104, 4117.105, 4117.106, 4117.107,

4117.108, 4117.109, 4117.141, 4117.26, and

4117.27, and to repeal sections 3317.12, 3317.14,

3319.112, 3319.131, 3319.142, 3319.143, 4117.16,

4117.22, and 4117.23 of the Revised Code to make

various changes to laws concerning public

employees, including collective bargaining, salary

schedules and compensation, layoff procedures, and

leave.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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) ~~or (C)~~ of section 4117.09 of	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 ~~(J)~~(A) of section 124.15 of the Revised Code and shall be	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

~~(2)~~(3) Require that the plans the health plan sponsors	264
administer make readily available to the public all cost and	265
design elements of the plan;	266

~~(3)~~(4) Work with health plan sponsors through educational	267
outlets and consultation;	268

~~(4)~~(5) Maintain a commitment to transparency and public	269
access of its meetings and activity pursuant to division (E) of	270
this section;	271

~~(5)~~(6) Promote cooperation among all organizations affected	272
by this section in identifying the elements for the successful	273
implementation of this section;	274

~~(6)~~(7) Promote cost containment measures aligned with	275
patient, plan, and provider management strategies in developing	276
and managing health care plans;	277

~~(7)~~(8) Prepare and disseminate to the public an annual report	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 ~~Health Plans~~health plans. The speaker shall	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, ~~and~~ shall be	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)~~(1)~~ Pursuant to Chapter 117. of the Revised Code, the	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 ~~schedule C of~~ section 124.15 or ~~schedule E-2 of~~	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 ~~schedule C of~~	768
section 124.15 or ~~schedule E-2 of~~ section 124.152 of the Revised	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 ~~pursuant to section 124.15 or 124.152 of the Revised Code~~by	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 ~~at the~~a per diem rate ~~of step 1, pay range 31, of~~	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 ~~at the~~a	963
per diem rate ~~of step 1 of pay range 31~~established in rules	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 ~~at a rate that~~	1129
~~is not less than the minimum compensation specified~~ in a pay range	1130
~~41 but not more than the maximum compensation specified in pay~~	1131
~~range 44 of salary schedule E-2~~prescribed in ~~section 124.152 of~~	1132
~~the Revised Code~~rules adopted by the director of administrative	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 ~~but less than 24~~ years or more	7.7 hours	1270
~~24 years or more~~	~~9.2 hours~~	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 ~~and longevity supplement~~, shall take effect	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 ~~employee shall be placed in pay~~	1399
~~step X and~~director shall ~~not receive an increase in~~, by rule,	1400
determine the appropriate compensation ~~until the maximum rate of~~	1401
~~pay for that classification exceeds the employee's compensation~~.	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 ~~merit~~performance system	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 ~~appointed~~	1660
~~prior to July 1, 1991,~~ shall be paid a salary or wage in	1661
~~accordance with the following schedules of rates:~~	1662

~~Schedule B~~	1663

~~Pay Ranges and Step Values~~	1664

~~Range~~		~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~	1665
23	~~Hourly~~	~~5.72~~	~~5.91~~	~~6.10~~	~~6.31~~	1666
	~~Annually~~	~~11897.60~~	~~12292.80~~	~~12688.00~~	~~13124.80~~	1667
~~Step 5~~	~~Step 6~~				1668
	~~Hourly~~	~~6.52~~	~~6.75~~			1669
	~~Annually~~	~~13561.60~~	~~14040.00~~			1670
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1671
24	~~Hourly~~	~~6.00~~	~~6.20~~	~~6.41~~	~~6.63~~	1672
	~~Annually~~	~~12480.00~~	~~12896.00~~	~~13332.80~~	~~13790.40~~	1673
~~Step 5~~	~~Step 6~~				1674
	~~Hourly~~	~~6.87~~	~~7.10~~			1675
	~~Annually~~	~~14289.60~~	~~14768.00~~			1676
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1677
25	~~Hourly~~	~~6.31~~	~~6.52~~	~~6.75~~	~~6.99~~	1678
	~~Annually~~	~~13124.80~~	~~13561.60~~	~~14040.00~~	~~14539.20~~	1679
~~Step 5~~	~~Step 6~~				1680
	~~Hourly~~	~~7.23~~	~~7.41~~			1681
	~~Annually~~	~~15038.40~~	~~15412.80~~			1682
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1683
26	~~Hourly~~	~~6.63~~	~~6.87~~	~~7.10~~	~~7.32~~	1684
	~~Annually~~	~~13790.40~~	~~14289.60~~	~~14768.00~~	~~15225.60~~	1685
~~Step 5~~	~~Step 6~~				1686
	~~Hourly~~	~~7.53~~	~~7.77~~			1687
	~~Annually~~	~~15662.40~~	~~16161.60~~			1688
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1689
27	~~Hourly~~	~~6.99~~	~~7.23~~	~~7.41~~	~~7.64~~	1690
	~~Annually~~	~~14534.20~~	~~15038.40~~	~~15412.80~~	~~15891.20~~	1691
~~Step 5~~	~~Step 6~~	~~Step 7~~			1692
	~~Hourly~~	~~7.88~~	~~8.15~~	~~8.46~~		1693
	~~Annually~~	~~16390.40~~	~~16952.00~~	~~17596.80~~		1694
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1695
28	~~Hourly~~	~~7.41~~	~~7.64~~	~~7.88~~	~~8.15~~	1696
	~~Annually~~	~~15412.80~~	~~15891.20~~	~~16390.40~~	~~16952.00~~	1697
~~Step 5~~	~~Step 6~~	~~Step 7~~			1698
	~~Hourly~~	~~8.46~~	~~8.79~~	~~9.15~~		1699
	~~Annually~~	~~17596.80~~	~~18283.20~~	~~19032.00~~		1700
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1701
29	~~Hourly~~	~~7.88~~	~~8.15~~	~~8.46~~	~~8.79~~	1702
	~~Annually~~	~~16390.40~~	~~16952.00~~	~~17596.80~~	~~18283.20~~	1703
~~Step 5~~	~~Step 6~~	~~Step 7~~			1704
	~~Hourly~~	~~9.15~~	~~9.58~~	~~10.01~~		1705
	~~Annually~~	~~19032.00~~	~~19926.40~~	~~20820.80~~		1706
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1707
30	~~Hourly~~	~~8.46~~	~~8.79~~	~~9.15~~	~~9.58~~	1708
	~~Annually~~	~~17596.80~~	~~18283.20~~	~~19032.00~~	~~19926.40~~	1709
~~Step 5~~	~~Step 6~~	~~Step 7~~			1710
	~~Hourly~~	~~10.01~~	~~10.46~~	~~10.99~~		1711
	~~Annually~~	~~20820.80~~	~~21756.80~~	~~22859.20~~		1712
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1713
31	~~Hourly~~	~~9.15~~	~~9.58~~	~~10.01~~	~~10.46~~	1714
	~~Annually~~	~~19032.00~~	~~19962.40~~	~~20820.80~~	~~21756.80~~	1715
~~Step 5~~	~~Step 6~~	~~Step 7~~			1716
	~~Hourly~~	~~10.99~~	~~11.52~~	~~12.09~~		1717
	~~Annually~~	~~22859.20~~	~~23961.60~~	~~25147.20~~		1718
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1719
32	~~Hourly~~	~~10.01~~	~~10.46~~	~~10.99~~	~~11.52~~	1720
	~~Annually~~	~~20820.80~~	~~21756.80~~	~~22859.20~~	~~23961.60~~	1721
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		1722
	~~Hourly~~	~~12.09~~	~~12.68~~	~~13.29~~	~~13.94~~	1723
	~~Annually~~	~~25147.20~~	~~26374.40~~	~~27643.20~~	~~28995.20~~	1724
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1725
33	~~Hourly~~	~~10.99~~	~~11.52~~	~~12.09~~	~~12.68~~	1726
	~~Annually~~	~~22859.20~~	~~23961.60~~	~~25147.20~~	~~26374.40~~	1727
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		1728
	~~Hourly~~	~~13.29~~	~~13.94~~	~~14.63~~	~~15.35~~	1729
	~~Annually~~	~~27643.20~~	~~28995.20~~	~~30430.40~~	~~31928.00~~	1730
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1731
34	~~Hourly~~	~~12.09~~	~~12.68~~	~~13.29~~	~~13.94~~	1732
	~~Annually~~	~~25147.20~~	~~26374.40~~	~~27643.20~~	~~28995.20~~	1733
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		1734
	~~Hourly~~	~~14.63~~	~~15.35~~	~~16.11~~	~~16.91~~	1735
	~~Annually~~	~~30430.40~~	~~31928.00~~	~~33508.80~~	~~35172.80~~	1736
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1737
35	~~Hourly~~	~~13.29~~	~~13.94~~	~~14.63~~	~~15.35~~	1738
	~~Annually~~	~~27643.20~~	~~28995.20~~	~~30430.40~~	~~31928.00~~	1739
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		1740
	~~Hourly~~	~~16.11~~	~~16.91~~	~~17.73~~	~~18.62~~	1741
	~~Annually~~	~~33508.80~~	~~35172.80~~	~~36878.40~~	~~38729.60~~	1742
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1743
36	~~Hourly~~	~~14.63~~	~~15.35~~	~~16.11~~	~~16.91~~	1744
	~~Annually~~	~~30430.40~~	~~31928.00~~	~~33508.80~~	~~35172.80~~	1745
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		1746
	~~Hourly~~	~~17.73~~	~~18.62~~	~~19.54~~	~~20.51~~	1747
	~~Annually~~	~~36878.40~~	~~38729.60~~	~~40643.20~~	~~42660.80~~	1748

~~Schedule C~~	1749

~~Pay Range and Values~~	1750

~~Range~~		~~Minimum~~	~~Maximum~~	1751
~~41 Hourly~~		~~10.44~~	~~15.72~~	1752
	~~Annually~~	~~21715.20~~	~~32697.60~~	1753
~~42 Hourly~~		~~11.51~~	~~17.35~~	1754
	~~Annually~~	~~23940.80~~	~~36088.00~~	1755
~~43 Hourly~~		~~12.68~~	~~19.12~~	1756
	~~Annually~~	~~26374.40~~	~~39769.60~~	1757
~~44 Hourly~~		~~13.99~~	~~20.87~~	1758
	~~Annually~~	~~29099.20~~	~~43409.60~~	1759
~~45 Hourly~~		~~15.44~~	~~22.80~~	1760
	~~Annually~~	~~32115.20~~	~~47424.00~~	1761
~~46 Hourly~~		~~17.01~~	~~24.90~~	1762
	~~Annually~~	~~35380.80~~	~~51792.00~~	1763
~~47 Hourly~~		~~18.75~~	~~27.18~~	1764
	~~Annually~~	~~39000.00~~	~~56534.40~~	1765
~~48 Hourly~~		~~20.67~~	~~29.69~~	1766
	~~Annually~~	~~42993.60~~	~~61755.20~~	1767
~~49 Hourly~~		~~22.80~~	~~32.06~~	1768
	~~Annually~~	~~47424.00~~	~~66684.80~~	1769

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, ~~at the rates shown in~~as determined under	1783
division (A) of this section or inby section 124.152 of the	1784
Revised Code.	1785

(D) The salary and wage rates indetermined under division	1786
(A) of this section or inunder section 124.152 of the Revised	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 ~~schedule B of~~	1832
division (A) of this section or ~~schedule E-1 of~~ section 124.152 of	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 ~~position at an advanced step of~~higher salary or wage in the	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 ~~an advanced step~~a higher salary or wage in the range by the	1843
director of administrative services. This rate may be limited to	1844
geographical regions of the state. Appointments made to an	1845
~~advanced step~~a higher salary or wage under the provision	1846
regarding exceptional qualifications shall not affect the ~~step~~	1847
~~assignment~~salary or wage of employees already serving. However,	1848
anytime the hiring rate of an entire classification is advanced to	1849
a higher ~~step~~salary or wage, all incumbents of that	1850
classification being paid at a ~~step~~ lower salary or wage than that	1851
being used for hiring, shall be advanced beginning at the start of	1852
the first pay period thereafter to the new hiring rate~~, and any~~	1853
~~time accrued at the lower step will be used to calculate~~	1854
~~advancement to a succeeding step~~. If the hiring rate of a	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 ~~step~~salary or wage. When an employee in	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. ~~When~~	1864
~~an employee in the unclassified service who is not eligible for~~	1865
~~step increases is appointed to a classification in the classified~~	1866
~~service under which step increases are provided, future step~~	1867
~~increases shall be based on the date on which the employee last~~	1868
~~received a pay increase. If the employee has not received an~~	1869
~~increase during the previous year, the date of the appointment to~~	1870
~~the classified service shall be used to determine the employee's~~	1871
~~annual step advancement eligibility date.~~ In reassigning any	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 ~~the~~	1876
~~step~~a salary or wage in the new pay range that will provide an	1877
increase of approximately four per cent if the new pay range can	1878
accommodate the increase. ~~When an employee is being assigned to a~~	1879
~~classification or new pay range as the result of a class plan~~	1880
~~change, if the employee has completed a probationary period, the~~	1881
~~employee shall be placed in a step no lower than step two of the~~	1882
~~new pay range. If the employee has not completed a probationary~~	1883
~~period, the employee may be placed in step one of the new pay~~	1884
~~range.~~ Such new salary or wage shall become effective on such date	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 ~~divisions~~division (G)(2) ~~and~~	1901
~~(3)~~ of this section, each state employee paid in accordance with	1902
~~schedule B~~division (A) of this section or ~~schedule E-1 of~~ section	1903
124.152 of the Revised Code shall be eligible for advancement to	1904
~~succeeding steps~~higher salaries or wages in the range for the	1905
employee's class or grade ~~according to the schedule established in~~	1906
~~this division. Beginning on the first day of the pay period within~~	1907
~~which the employee completes the prescribed probationary period in~~	1908
~~the employee's classification with the state, each employee shall~~	1909
~~receive an automatic salary adjustment equivalent to the next~~	1910
~~higher step within the pay range for the employee's class or~~	1911
~~grade~~.	1912

~~Except as provided in divisions (G)(2) and (3) of this~~	1913
~~section, each~~Each employee ~~paid in accordance with schedule E-1~~	1914
~~of section 124.152 of the Revised Code~~ shall be eligible to	1915
advance to ~~the next higher step~~a higher salary or wage until the	1916
employee reaches the top ~~step~~salary or wage in the range for the	1917
employee's class or grade, if the employee has maintained	1918
satisfactory performance in accordance with criteria established	1919
by ~~the employee's appointing authority~~rules adopted by the	1920
director of administrative services. Those ~~step~~ advancements shall	1921
not occur more frequently than once in any twelve-month period and	1922
shall be based upon performance.	1923

~~When an employee is promoted, the step entry date shall be~~	1924
~~set to account for a probationary period. When an employee is~~	1925
~~reassigned to a higher pay range, the step entry date shall be set~~	1926
~~to allow an employee who is not at the highest step of the range~~	1927
~~to receive a step advancement one year from the reassignment date.~~	1928
~~Step advancement shall not be affected by demotion. A promoted~~	1929
~~employee shall advance to the next higher step of the pay range on~~	1930
~~the first day of the pay period in which the required probationary~~	1931
~~period is completed. Step advancement shall become effective at~~	1932
~~the beginning of the pay period within which the employee attains~~	1933
~~the necessary length of service. Time spent on authorized leave of~~	1934
~~absence shall be counted for this purpose.~~	1935

~~If determined to be in the best interest of the state~~	1936
~~service, the director of administrative services may, either~~	1937
~~statewide or in selected agencies, adjust the dates on which~~	1938
~~annual step advancements are received by employees paid in~~	1939
~~accordance with schedule E-1 of section 124.152 of the Revised~~	1940
~~Code.~~	1941

(2)~~(a) There shall be a moratorium on annual step~~	1942
~~advancements under division (G)(1) of this section beginning June~~	1943
~~21, 2009, through June 20, 2011. Step advancements shall resume~~	1944
~~with the pay period beginning June 21, 2011. Upon the resumption~~	1945
~~of step advancements, there shall be no retroactive step~~	1946
~~advancements for the period the moratorium was in effect. The~~	1947
~~moratorium shall not affect an employee's performance evaluation~~	1948
~~schedule.~~	1949

~~An employee who begins a probationary period before June 21,~~	1950
~~2009, shall advance to the next step in the employee's pay range~~	1951
~~at the end of probation, and then become subject to the~~	1952
~~moratorium. An employee who is hired, promoted, or reassigned to a~~	1953
~~higher pay range between June 21, 2009, through June 20, 2011,~~	1954
~~shall not advance to the next step in the employee's pay range~~	1955
~~until the next anniversary of the employee's date of hire,~~	1956
~~promotion, or reassignment that occurs on or after June 21, 2011.~~	1957

~~(b) The moratorium under division (G)(2)(a) of this section~~	1958
~~shall apply to the employees of the secretary of state, the~~	1959
~~auditor of state, the treasurer of state, and the attorney~~	1960
~~general, who are subject to this section unless the secretary of~~	1961
~~state, the auditor of state, the treasurer of state, or the~~	1962
~~attorney general decides to exempt the office's employees from the~~	1963
~~moratorium and so notifies the director of administrative services~~	1964
~~in writing on or before July 1, 2009.~~	1965

~~(3)~~ Employees in intermittent positions shall be employed at	1966
the minimum rate established for the pay range for their	1967
classification and are not eligible for ~~step~~ advancements to a	1968
higher salary or wage.	1969

(H) Employees in appointive managerial or professional	1970
positions paid in accordance with ~~schedule C of~~ this section or	1971
~~schedule E-2 of~~ section 124.152 of the Revised Code may be	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) ~~Unless compensation for members of a board or commission~~	1987
~~is otherwise specifically provided by law, the director of~~	1988
~~administrative services shall establish the rate and method of~~	1989
~~payment for members of boards and commissions pursuant to the pay~~	1990
~~schedules listed in section 124.152 of the Revised Code.~~	1991

~~(K)~~ Regular full-time employees in positions assigned to	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

~~(3) Length of service for the purpose of determining~~	2008
~~eligibility for step advancements as provided by division (G) of~~	2009
~~this section and for the purpose of determining eligibility for~~	2010
~~longevity pay supplements as provided by division (E) of section~~	2011
~~124.181 of the Revised Code shall be computed on the basis of one~~	2012
~~full year of service for the completion of each academic year.~~	2013

~~(L)~~(K) The superintendent of the state school for the deaf	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 ~~rates~~rate ranges for the compensation of each certificated	2020
employee on the instructional staff of that superintendent's	2021
respective school ~~constructed as follows:~~	2022

~~(a) Determine for each level of training, experience, and~~	2023
~~other professional qualification for which an hourly rate is set~~	2024
~~forth in the current schedule, the per cent that rate is of the~~	2025
~~rate set forth in such schedule for a teacher with a bachelor's~~	2026
~~degree and no experience. If there is more than one such rate for~~	2027
~~such a teacher, the lowest rate shall be used to make the~~	2028
~~computation.~~	2029

~~(b) Determine which six city, local, and exempted village~~	2030
~~school districts with territory in Franklin county have in effect~~	2031
~~on, or have adopted by, the first day of April for the school year~~	2032
~~that begins on the ensuing first day of July, teacher salary~~	2033
~~schedules with the highest minimum salaries for a teacher with a~~	2034
~~bachelor's degree and no experience;~~	2035

~~(c) Divide the sum of such six highest minimum salaries by~~	2036
~~ten thousand five hundred sixty;~~	2037

~~(d) Multiply each per cent determined in division (L)(1)(a)~~	2038
~~of this section by the quotient obtained in division (L)(1)(c) of~~	2039
~~this section;~~	2040

~~(e) One hundred five per cent of each product thus obtained~~	2041
~~shall be the hourly rate for the corresponding level of training,~~	2042
~~experience, or other professional qualification in the schedule~~	2043
~~for the ensuing fiscal year~~.	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 ~~(L)~~(K)(2)(a) of this	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 ~~(L)~~(K)(1), (2), or (3) of section 124.181 of the Revised	2072
Code for which the employee qualifies, but is not eligible to	2073
receive a pay supplement under division ~~(L)~~(K)(4) or (5) of that	2074
section. An employee paid under this division is eligible to	2075
receive a pay supplement under division ~~(L)~~(K)(6) of section	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

~~(M)~~(L) Division (A) of this section does not apply to "exempt	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 ~~divisions~~	2088
division (A)(2) ~~and (3)~~ of this section, each exempt employee	2089
shall be paid a salary or wage in accordance with ~~schedule E-1 or~~	2090
~~schedule E-2 of~~ division (B) of this section.	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 ~~schedule E-1, schedule E-1 for step seven only, or~~	2095
~~schedule E-2 of~~ division (B) ~~or (C)~~ of this section~~, as~~	2096
~~applicable~~.	2097

~~(3)(a) Except as provided in division (A)(3)(b) of this~~	2098
~~section, each exempt employee who was paid a salary or wage at~~	2099
~~step 7 in the employee's pay range on June 28, 2003, in accordance~~	2100
~~with the applicable schedule E-1 of former section 124.152 of the~~	2101
~~Revised Code and who continued to be so paid on June 29, 2003,~~	2102
~~shall be paid a salary or wage in the corresponding pay range in~~	2103
~~schedule E-1 for step seven only of division (C) of this section~~	2104
~~for as long as the employee remains in the position the employee~~	2105
~~held as of July 1, 2003.~~	2106

~~(b) Except as provided in division (A)(3)(c) of this section,~~	2107
~~if an exempt employee who is being paid a salary or wage in~~	2108
~~accordance with schedule E-1 for step seven only of division (C)~~	2109
~~of this section moves to another position, the employee shall not~~	2110
~~receive a salary or wage for that position or any other position~~	2111
~~in the future in accordance with that schedule.~~	2112

~~(c) If an exempt employee who is being paid a salary or wage~~	2113
~~in accordance with schedule E-1 for step seven only of division~~	2114
~~(C) of this section moves to another position assigned to pay~~	2115
~~range 12 or above, the appointing authority may assign the~~	2116
~~employee to be paid a salary or wage in the appropriate pay range~~	2117
~~for that position in accordance with the schedule E-1 for step~~	2118
~~seven only of division (C) of this section, provided that the~~	2119
~~appointing authority so notifies the director of administrative~~	2120
~~services in writing at the time the employee is appointed to that~~	2121
~~position.~~	2122

(B) Beginning on the first day of the pay period that	2123
includes ~~July 1, 2008~~the effective date of this amendment, each	2124
exempt employee who must be paid in accordance with ~~schedule E-1~~	2125
~~or schedule E-2 of~~ this section shall be paid a salary or wage in	2126
~~accordance with the following schedule of rates:~~	2127

~~Schedule E-1~~	2128

~~Pay Ranges and Step Values~~	2129

		~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	2130
	~~Range~~	1	2	3	4	5	6	2131
1	~~Hourly~~	~~10.07~~	~~10.52~~	~~10.97~~	~~11.44~~			2132
	~~Annually~~	~~20946~~	~~21882~~	~~22818~~	~~23795~~			2133
2	~~Hourly~~	~~12.21~~	~~12.73~~	~~13.28~~	~~13.86~~			2134
	~~Annually~~	~~25397~~	~~26478~~	~~27622~~	~~28829~~			2135
3	~~Hourly~~	~~12.79~~	~~13.37~~	~~13.96~~	~~14.57~~			2136
	~~Annually~~	~~26603~~	~~27810~~	~~29037~~	~~30306~~			2137
4	~~Hourly~~	~~13.43~~	~~14.03~~	~~14.70~~	~~15.36~~			2138
	~~Annually~~	~~27934~~	~~29182~~	~~30576~~	~~31949~~			2139
5	~~Hourly~~	~~14.09~~	~~14.73~~	~~15.36~~	~~16.03~~			2140
	~~Annually~~	~~29307~~	~~30638~~	~~31949~~	~~33342~~			2141
6	~~Hourly~~	~~14.85~~	~~15.46~~	~~16.15~~	~~16.81~~			2142
	~~Annually~~	~~30888~~	~~32157~~	~~33592~~	~~34965~~			2143
7	~~Hourly~~	~~15.77~~	~~16.35~~	~~17.02~~	~~17.62~~	~~18.30~~		2144
	~~Annually~~	~~32802~~	~~34008~~	~~35402~~	~~36650~~	~~38064~~		2145
8	~~Hourly~~	~~16.66~~	~~17.40~~	~~18.15~~	~~18.97~~	~~19.78~~		2146
	~~Annually~~	~~34653~~	~~36192~~	~~37752~~	~~39458~~	~~41142~~		2147
9	~~Hourly~~	~~17.78~~	~~18.70~~	~~19.62~~	~~20.60~~	~~21.65~~		2148
	~~Annually~~	~~36982~~	~~38896~~	~~40810~~	~~42848~~	~~45032~~		2149
10	~~Hourly~~	~~19.19~~	~~20.23~~	~~21.32~~	~~22.55~~	~~23.76~~		2150
	~~Annually~~	~~39915~~	~~42078~~	~~44346~~	~~46904~~	~~49421~~		2151
11	~~Hourly~~	~~20.89~~	~~22.11~~	~~23.39~~	~~24.71~~	~~26.11~~		2152
	~~Annually~~	~~43451~~	~~45989~~	~~48651~~	~~51397~~	~~54309~~		2153
12	~~Hourly~~	~~23.04~~	~~24.34~~	~~25.65~~	~~27.07~~	~~28.58~~	~~30.13~~	2154
	~~Annually~~	~~47923~~	~~50627~~	~~53352~~	~~56306~~	~~59446~~	~~62670~~	2155
13	~~Hourly~~	~~25.40~~	~~26.80~~	~~28.27~~	~~29.78~~	~~31.45~~	~~33.16~~	2156
	~~Annually~~	~~52832~~	~~55744~~	~~58802~~	~~61942~~	~~65416~~	~~68973~~	2157
14	~~Hourly~~	~~27.93~~	~~29.51~~	~~31.10~~	~~32.80~~	~~34.65~~	~~36.59~~	2158
	~~Annually~~	~~58094~~	~~61381~~	~~64688~~	~~68224~~	~~72072~~	~~76107~~	2159
15	~~Hourly~~	~~30.68~~	~~32.41~~	~~34.24~~	~~36.12~~	~~38.13~~	~~40.22~~	2160
	~~Annually~~	~~63814~~	~~67413~~	~~71219~~	~~75130~~	~~79310~~	~~83658~~	2161
16	~~Hourly~~	~~33.83~~	~~35.71~~	~~37.67~~	~~39.79~~	~~41.98~~	~~44.38~~	2162
	~~Annually~~	~~70366~~	~~74277~~	~~78354~~	~~82763~~	~~87318~~	~~92310~~	2163
17	~~Hourly~~	~~37.28~~	~~39.34~~	~~41.54~~	~~43.83~~	~~46.27~~	~~48.86~~	2164
	~~Annually~~	~~77542~~	~~81827~~	~~86403~~	~~91166~~	~~96242~~	~~101629~~	2165
18	~~Hourly~~	~~41.08~~	~~43.36~~	~~45.80~~	~~48.31~~	~~50.99~~	~~53.84~~	2166
	~~Annually~~	~~85446~~	~~90189~~	~~95264~~	~~100485~~	~~106059~~	~~111987~~	2167

	~~Range~~	~~Minimum~~	~~Maximum~~	2168
41	~~Hourly~~	~~16.23~~	~~37.25~~	2169
	~~Annually~~	~~33758~~	~~77480~~	2170
42	~~Hourly~~	~~17.89~~	~~41.14~~	2171
	~~Annually~~	~~37211~~	~~85571~~	2172
43	~~Hourly~~	~~19.70~~	~~45.31~~	2173
	~~Annually~~	~~40976~~	~~94245~~	2174
44	~~Hourly~~	~~21.73~~	~~49.50~~	2175
	~~Annually~~	~~45198~~	~~102960~~	2176
45	~~Hourly~~	~~24.01~~	~~54.04~~	2177
	~~Annually~~	~~49941~~	~~112403~~	2178
46	~~Hourly~~	~~26.43~~	~~59.06~~	2179
	~~Annually~~	~~54974~~	~~122845~~	2180
47	~~Hourly~~	~~29.14~~	~~64.45~~	2181
	~~Annually~~	~~60611~~	~~134056~~	2182
48	~~Hourly~~	~~32.14~~	~~70.33~~	2183
	~~Annually~~	~~66851~~	~~146286~~	2184
49	~~Hourly~~	~~35.44~~	~~75.94~~	2185
	~~Annually~~	~~73715~~	~~157955~~	2186

~~Schedule E-2~~	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) ~~Beginning on the first day of the pay period that~~	2191
~~includes July 1, 2008, each exempt employee who must be paid in~~	2192
~~accordance with salary schedule E-1 for step seven only shall be~~	2193
~~paid a salary or wage in accordance with the following schedule of~~	2194
~~rates:~~	2195

~~Schedule E-1 for Step Seven Only~~	2196

~~Pay Ranges and Step Values~~	2197

	~~Range~~		2198
12	~~Hourly~~	~~31.80~~	2199
	~~Annually~~	~~66144~~	2200
13	~~Hourly~~	~~34.98~~	2201
	~~Annually~~	~~72758~~	2202
14	~~Hourly~~	~~38.57~~	2203
	~~Annually~~	~~80226~~	2204
15	~~Hourly~~	~~42.44~~	2205
	~~Annually~~	~~88275~~	2206
16	~~Hourly~~	~~46.81~~	2207
	~~Annually~~	~~97365~~	2208
17	~~Hourly~~	~~51.55~~	2209
	~~Annually~~	~~107224~~	2210
18	~~Hourly~~	~~56.80~~	2211
	~~Annually~~	~~118144~~	2212

~~(D)~~ As used in this section, "exempt employee" means a	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 ~~(M)~~(L)	2224
and ~~(P)~~(N) of this section, any employee paid in accordance with	2225
~~schedule B of~~ section 124.15 or ~~schedule E-1 or schedule E-1 for~~	2226
~~step seven only of section~~ 124.152 of the Revised Code is eligible	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 ~~except as provided in division~~	2231
~~(E) of this section~~.	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 ~~schedule B of~~	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 ~~schedule E-1 of~~	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 ~~schedule E-1 for~~	2249
~~step seven only of~~ section 124.152 of the Revised Code, the	2250
classification salary base shall be the minimum hourly rate in the	2251
corresponding pay range~~, provided in schedule E-1 of that section,~~	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)~~(1) Except as otherwise provided in this division,~~	2260
~~beginning on the first day of the pay period within which the~~	2261
~~employee completes five years of total service with the state~~	2262
~~government or any of its political subdivisions, each employee in~~	2263
~~positions paid in accordance with schedule B of section 124.15 of~~	2264
~~the Revised Code or in accordance with schedule E-1 or schedule~~	2265
~~E-1 for step seven only of section 124.152 of the Revised Code~~	2266
~~shall receive an automatic salary adjustment equivalent to two and~~	2267
~~one-half per cent of the classification salary base, to the~~	2268
~~nearest whole cent. Each employee shall receive thereafter an~~	2269
~~annual adjustment equivalent to one-half of one per cent of the~~	2270
~~employee's classification salary base, to the nearest whole cent,~~	2271
~~for each additional year of qualified employment until a maximum~~	2272
~~of ten per cent of the employee's classification salary base is~~	2273
~~reached. The granting of longevity adjustments shall not be~~	2274
~~affected by promotion, demotion, or other changes in~~	2275
~~classification held by the employee, nor by any change in pay~~	2276
~~range for the employee's class or grade. Longevity pay adjustments~~	2277
~~shall become effective at the beginning of the pay period within~~	2278
~~which the employee completes the necessary length of service,~~	2279
~~except that when an employee requests credit for prior service,~~	2280
~~the effective date of the prior service credit and of any~~	2281
~~longevity adjustment shall be the first day of the pay period~~	2282
~~following approval of the credit by the director of administrative~~	2283
~~services. No employee, other than an employee who submits proof of~~	2284
~~prior service within ninety days after the date of the employee's~~	2285
~~hiring, shall receive any longevity adjustment for the period~~	2286
~~prior to the director's approval of a prior service credit. Time~~	2287
~~spent on authorized leave of absence shall be counted for this~~	2288
~~purpose.~~	2289

~~(2) An employee who has retired in accordance with the~~	2290
~~provisions of any retirement system offered by the state and who~~	2291
~~is employed by the state or any political subdivision of the state~~	2292
~~on or after June 24, 1987, shall not have prior service with the~~	2293
~~state or any political subdivision of the state counted for the~~	2294
~~purpose of determining the amount of the salary adjustment~~	2295
~~provided under this division.~~	2296

~~(3) There shall be a moratorium on employees' receipt under~~	2297
~~this division of credit for service with the state government or~~	2298
~~any of its political subdivisions during the period from July 1,~~	2299
~~2003, through June 30, 2005. In calculating the number of years of~~	2300
~~total service under this division, no credit shall be included for~~	2301
~~service during the moratorium. The moratorium shall apply to the~~	2302
~~employees of the secretary of state, the auditor of state, the~~	2303
~~treasurer of state, and the attorney general, who are subject to~~	2304
~~this section unless the secretary of state, the auditor of state,~~	2305
~~the treasurer of state, or the attorney general decides to exempt~~	2306
~~the office's employees from the moratorium and so notifies the~~	2307
~~director of administrative services in writing on or before July~~	2308
~~1, 2003.~~	2309

~~If an employee is exempt from the moratorium, receives credit~~	2310
~~for a period of service during the moratorium, and takes a~~	2311
~~position with another entity in the state government or any of its~~	2312
~~political subdivisions, either during or after the moratorium, and~~	2313
~~if that entity's employees are or were subject to the moratorium,~~	2314
~~the employee shall continue to retain the credit. However, if the~~	2315
~~moratorium is in effect upon the taking of the new position, the~~	2316
~~employee shall cease receiving additional credit as long as the~~	2317
~~employee is in the position, until the moratorium expires.~~	2318

~~(F)~~ When an exceptional condition exists that creates a	2319
temporary or a permanent hazard for one or more positions in a	2320
class paid in accordance with ~~schedule B of~~ section 124.15 ~~of the~~	2321
~~Revised Code~~ or ~~in accordance with schedule E-1 or schedule E-1~~	2322
~~for step seven only of section~~ 124.152 of the Revised Code, a	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

~~(G)~~(F) When a full-time employee whose salary or wage is paid	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

~~(H)~~(G) When a certain position or positions paid in	2364
accordance with ~~schedule B of~~ section 124.15 of the Revised Code	2365
or in accordance with ~~schedule E-1 or schedule E-1 for step seven~~	2366
~~only of~~ section 124.152 of the Revised Code require the ability to	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

~~(I)~~(H) The director of administrative services may establish	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

~~(J)~~(I) Whenever an employee is assigned to work in a higher	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 ~~step one~~	2392
classification salary base ~~rate~~ for their normal classification.	2393

~~(K)~~(J) If a certain position, or positions, within a class	2394
paid in accordance with ~~schedule B of~~ section 124.15 ~~of the~~	2395
~~Revised Code~~ or ~~in accordance with schedule E-1 or schedule E-1~~	2396
~~for step seven only of section~~ 124.152 of the Revised Code are	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

~~(L)~~(K) Those employees assigned to teaching supervisory,	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

~~(M)~~(L)(1) A state agency, board, or commission may establish	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
~~(M)~~(L)(1) of this section or in accordance with another	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

~~(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,~~	2473
~~117.42, and 131.02 of the Revised Code, the state shall not~~	2474
~~institute any civil action to recover and shall not seek~~	2475
~~reimbursement for overpayments made in violation of division (E)~~	2476
~~of this section or division (C) of section 9.44 of the Revised~~	2477
~~Code for the period starting after June 24, 1987, and ending on~~	2478
~~October 31, 1993.~~	2479

~~(O)~~(M) Employees of the office of the treasurer of state who	2480
are exempt from collective bargaining coverage may be granted a	2481
~~merit~~performance pay supplement of up to one and one-half per	2482
cent of their ~~step~~salary or wage rate. The rate at which this	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

~~(P)~~(N) Intermittent employees appointed under section 124.30	2487
of the Revised Code are not eligible for the pay supplements	2488
provided by this section.	2489

~~(Q)~~(O) Employees of the office of the auditor of state who	2490
are exempt from collective bargaining and who are paid in	2491
accordance with ~~schedule E-1 or in accordance with schedule E-1~~	2492
~~for step 7 only and are paid a salary or wage in accordance with~~	2493
~~the schedule of rates in division (B) or (C) of~~ section 124.152 of	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 ~~and may include efficiency in service,~~	2516
~~appointment type, or similar other factors the director considers~~	2517
~~appropriate~~; however, the rules shall prohibit an agency from	2518
using an employee's length of service as the only factor to	2519
determine whether to lay off the employee. ~~If the director~~	2520
~~establishes relative efficiency as a criterion to be used in~~	2521
~~determining order of layoff for state and county employees, credit~~	2522
~~for efficiency may be other than ten per cent of total retention~~	2523
~~points.~~	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 ~~to reflect the length of continuous~~	2531
~~service and efficiency in service~~ for all employees affected by a	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) If(1) Except as otherwise provided in division (C)(2) of	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~~, employees having the shortest period of~~	2542
~~continuous service shall be laid off first~~.	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

~~(E) The director of administrative services shall adopt rules~~	2564
~~in accordance with Chapter 119. of the Revised Code to establish a~~	2565
~~system for the assignment of retention points for each employee in~~	2566
~~the service of the state in a classification affected by a layoff~~	2567
~~and for determining, in those instances where employees in the~~	2568
~~service of the state have identical retention points, which~~	2569
~~employee shall be laid off first.~~	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~~, or have the officer's~~	2577
~~or employee's longevity reduced or eliminated,~~ except as provided	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 ~~(Q)~~(O) of section 124.181	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 ~~four~~three	2721
and ~~six-tenths~~one-tenth hours with pay:	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

~~(C) Employees of any board of education for whom sick leave~~	2729
~~is not provided by section 3319.141 of the Revised Code~~.	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 ~~schedule B or C of~~ section 124.15 or section 124.152 of the	2811
Revised Code ~~or under schedule E-1, schedule E-1 for step seven~~	2812
~~only, or schedule E-2 of section 124.152 of the Revised Code~~, plus	2813
any supplement provided under section 124.181 of the Revised Code,	2814
~~plus any supplements enacted into law which are added to schedule~~	2815
~~B or C of section 124.15 of the Revised Code or to schedule E-1,~~	2816
~~schedule E-1 for step seven only, or schedule E-2 of section~~	2817
~~124.152 of the Revised Code~~.	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) AnExcept as otherwise provided in	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) AnExcept as otherwise provided in division (C) of this	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
~~hospitalization, surgical, major medical, dental, vision, and~~	3032
~~medical~~health care~~, disability, hearing aids, prescription drugs~~	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~~, but are not limited to, hospitalization, surgical care,~~	3106
~~major medical care, disability, dental care, vision care, medical~~	3107
health care~~, hearing aids, prescription drugs~~benefits, group life	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~~, but not limited to,~~	3121
~~hospitalization, surgical care, major medical care, disability,~~	3122
~~dental care, vision care, medical~~health care~~, hearing aids,~~	3123
~~prescription drugs~~benefits, group life insurance, sickness and	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) ~~All~~Except as provided in division (G) of this section,	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, ~~but not limited to, hospitalization, surgical~~	3215
~~care, major medical care, disability, dental care, vision care,~~	3216
~~medical~~health care~~, hearing aids, prescription drugs~~benefits,	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 iswould be classified in pay	3317
range 13 or above in schedule E-1 ~~or schedule E-1 for step seven~~	3318
~~only~~as prescribed in the version of section 124.152 of the	3319
Revised Code in effect immediately prior to the effective date of	3320
this amendment, or is otherwise classified ~~in schedule E-2, of~~	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 ~~the schedule~~	3390
~~established in division (B) of~~rules adopted by the director of	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 ~~schedule C~~	3412
of section 124.15 or ~~under schedule E-2 of~~ section 124.152 of the	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 ~~divisions (B) and (H) of~~rules adopted by the	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
~~(J)~~(A) of section 124.15 of the Revised Code;	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 ~~the effective date of~~	3604
~~this amendment~~October 25, 1995, shall continue to operate under	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 ~~the effective date of this amendment~~October 25, 1995,	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 ~~his~~the executive	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 ~~his~~the executive director's	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 ~~(K)~~(L) of this	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

~~(L)~~(M) The board of county hospital trustees may retain	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

~~(A)~~(1) Serve as executive officer of the board and subject to	4136
the prior approval of the board for each contract, execute	4137
contracts on its behalf;	4138

~~(B)~~(2) Supervise services and facilities provided, operated,	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

~~(C)~~(3) Provide consultation to agencies, associations, or	4144
individuals providing services supported by the board;	4145

~~(D)~~(4) Recommend to the board the changes necessary to	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

~~(E)~~(5) Employ and remove from office such employees and	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

~~(F)~~(6) Encourage the development and expansion of preventive,	4157
treatment, rehabilitative, and consultative programs in the field	4158
of mental health with emphasis on continuity of care;	4159

~~(G)~~(7) Prepare for board approval an annual report of the	4160
programs under the jurisdiction of the board, including a fiscal	4161
accounting of all services;	4162

~~(H)~~(8) Conduct such studies as may be necessary and	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

~~(I)~~(9) Authorize the county auditor, or in a joint-county	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) AsExcept as provided in section 124.81 of	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, ~~the reduction~~	4558
~~shall be made by dismissal of firefighters in the inverse order of~~	4559
seniority~~, with the employee with least time of service being~~	4560
~~dismissed first~~shall not be the only factor used in determining	4561
dismissals. The annexing municipal corporation shall offer	4562
employment ~~in the inverse order of dismissal by the township~~ to	4563
~~such~~dismissed firefighters if a vacancy exists in the municipal	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. ~~The~~The contributions required under this	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.