Sub. S. B. No. 5 As Pending in the Senate Insurance, Commerce and Labor Committee

As Pending in the Senate Insurance, Commerce and Labor Committee

129th General Assembly

Regular Session

2011-2012

Sub. S. B. No. 5

Senator Jones

A BILL

To amend sections 9.06, 9.90, 102.02, 103.74, 109.33,

120.40, 121.40, 122.40, 122.64, 122.72, 124.03,

124.11, 124.14, 124.15, 124.151, 124.152, 124.181,

124.182, 124.322, 124.325, 124.327, 124.34,

124.38, 124.382, 124.388, 124.39, 124.81, 124.82,

124.823, 125.211, 126.32, 141.01, 141.02, 145.012,

145.47, 175.05, 306.04, 307.054, 339.06, 339.07,

340.04, 505.38, 505.49, 505.60, 709.012, 742.31,

749.082, 749.083, 917.03, 927.69, 991.02, 1347.15,

1347.99, 1349.71, 1509.35, 1513.182, 1513.29,

1545.071, 1551.35, 1707.36, 1707.46, 3101.01,

3301.03, 3304.12, 3304.50, 3306.01, 3307.27,

3307.77, 3309.47, 3311.19, 3313.12, 3313.202,

3313.23, 3313.24, 3313.33, 3313.42, 3316.07,

3317.01, 3317.018, 3317.11, 3317.13, 3318.31,

3319.01, 3319.011, 3319.02, 3319.06, 3319.08,

3319.084, 3319.085, 3319.088, 3319.09, 3319.10,

3319.11, 3319.13, 3319.14, 3319.141, 3319.17,

3319.172, 3319.18, 3319.63, 3332.03, 3334.08,

3345.31, 3345.45, 3353.03, 3517.152, 3701.33,

3733.49, 3737.81, 3737.90, 3770.02, 3772.06,

3773.33, 3781.07, 3901.07, 4112.03, 4117.01,

4117.02, 4117.03, 4117.06, 4117.08, 4117.09,

4117.10, 4117.11, 4117.14, 4117.15, 4117.20,

4121.03, 4121.121, 4121.351, 4121.38, 4121.69,

4121.77, 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, 4911.12,

5119.071, 5119.09, 5123.08, 5123.51, 5126.0220,

5126.05, 5126.24, 5139.02, 5501.20, 5502.01,

5502.62, 5503.03, 5505.15, 5703.09, 5705.412, and

5907.02, to enact sections 4117.081, 4117.104, and

4117.26, and to repeal sections 9.901, 3317.12,

3317.14, 3319.131, 3319.142, 3319.143, and 4117.22

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 9.06, 9.90, 102.02, 103.74, 109.33,	43
120.40, 121.40, 122.40, 122.64, 122.72, 124.03, 124.11, 124.14,	44
124.15, 124.151, 124.152, 124.181, 124.182, 124.322, 124.325,	45
124.327, 124.34, 124.38, 124.382, 124.388, 124.39, 124.81, 124.82,	46
124.823, 125.211, 126.32, 141.01, 141.02, 145.012, 145.47, 175.05,	47
306.04, 307.054, 339.06, 339.07, 340.04, 505.38, 505.49, 505.60,	48
709.012, 742.31, 749.082, 749.083, 917.03, 927.69, 991.02,	49
1347.15, 1347.99, 1349.71, 1509.35, 1513.182, 1513.29, 1545.071,	50
1551.35, 1707.36, 1707.46, 3101.01, 3301.03, 3304.12, 3304.50,	51
3306.01, 3307.27, 3307.77, 3309.47, 3311.19, 3313.12, 3313.202,	52
3313.23, 3313.24, 3313.33, 3313.42, 3316.07, 3317.01, 3317.018,	53
3317.11, 3317.13, 3318.31, 3319.01, 3319.011, 3319.02, 3319.06,	54
3319.08, 3319.084, 3319.085, 3319.088, 3319.09, 3319.10, 3319.11,	55
3319.13, 3319.14, 3319.141, 3319.17, 3319.172, 3319.18, 3319.63,	56
3332.03, 3334.08, 3345.31, 3345.45, 3353.03, 3517.152, 3701.33,	57
3733.49, 3737.81, 3737.90, 3770.02, 3772.06, 3773.33, 3781.07,	58
3901.07, 4112.03, 4117.01, 4117.02, 4117.03, 4117.06, 4117.08,	59
4117.09, 4117.10, 4117.11, 4117.14, 4117.15, 4117.20, 4121.03,	60
4121.121, 4121.351, 4121.38, 4121.69, 4121.77, 4123.352, 4301.07,	61
4517.30, 4701.03, 4701.05, 4703.03, 4703.31, 4709.04, 4715.06,	62
4717.02, 4723.02, 4725.06, 4725.46, 4729.03, 4730.05, 4731.03,	63
4732.05, 4733.05, 4734.03, 4738.09, 4741.02, 4747.03, 4753.04,	64
4755.01, 4757.05, 4758.12, 4759.03, 4761.02, 4763.02, 4775.05,	65
4905.10, 4906.02, 4911.07, 4911.12, 5119.071, 5119.09, 5123.08,	66
5123.51, 5126.0220, 5126.05, 5126.24, 5139.02, 5501.20, 5502.01,	67
5502.62, 5503.03, 5505.15, 5703.09, 5705.412, and 5907.02 be	68
amended and sections 4117.081, 4117.104, and 4117.26 of the	69
Revised Code be enacted to read as follows:	70

Sec. 9.06. (A)(1) The department of rehabilitation and	71
correction may contract for the private operation and management	72
pursuant to this section of the initial intensive program prison	73
established pursuant to section 5120.033 of the Revised Code, if	74
one or more intensive program prisons are established under that	75
section, and may contract for the private operation and management	76
of any other facility under this section. Counties and municipal	77
corporations to the extent authorized in sections 307.93, 341.35,	78
753.03, and 753.15 of the Revised Code may contract for the	79
private operation and management of a facility under this section.	80
A contract entered into under this section shall be for an initial	81
term of not more than two years with an option to renew for	82
additional periods of two years.	83

(2) The department of rehabilitation and correction, by rule,	84
shall adopt minimum criteria and specifications that a person or	85
entity, other than a person or entity that satisfies the criteria	86
set forth in division (A)(3)(a) of this section and subject to	87
division (I) of this section, must satisfy in order to apply to	88
operate and manage as a contractor pursuant to this section the	89
initial intensive program prison established pursuant to section	90
5120.033 of the Revised Code, if one or more intensive program	91
prisons are established under that section.	92

(3) Subject to division (I) of this section, any person or	93
entity that applies to operate and manage a facility as a	94
contractor pursuant to this section shall satisfy one or more of	95
the following criteria:	96

(a) The person or entity is accredited by the American	97
correctional association and, at the time of the application,	98
operates and manages one or more facilities accredited by the	99
American correctional association.	100

(b) The person or entity satisfies all of the minimum	101
criteria and specifications adopted by the department of	102
rehabilitation and correction pursuant to division (A)(2) of this	103
section, provided that this alternative shall be available only in	104
relation to the initial intensive program prison established	105
pursuant to section 5120.033 of the Revised Code, if one or more	106
intensive program prisons are established under that section.	107

(4) Subject to division (I) of this section, before a public	108
entity may enter into a contract under this section, the	109
contractor shall convincingly demonstrate to the public entity	110
that it can operate the facility with the inmate capacity required	111
by the public entity and provide the services required in this	112
section and realize at least a five per cent savings over the	113
projected cost to the public entity of providing these same	114
services to operate the facility that is the subject of the	115
contract. No out-of-state prisoners may be housed in any facility	116
that is the subject of a contract entered into under this section.	117

(B) Subject to division (I) of this section, any contract	118
entered into under this section shall include all of the	119
following:	120

(1) A requirement that the contractor retain the contractor's	121
accreditation from the American correctional association	122
throughout the contract term or, if the contractor applied	123
pursuant to division (A)(3)(b) of this section, continue complying	124
with the applicable criteria and specifications adopted by the	125
department of rehabilitation and correction pursuant to division	126
(A)(2) of this section;	127

(2) A requirement that all of the following conditions be	128
met:	129

(a) The contractor begins the process of accrediting the	130
facility with the American correctional association no later than	131
sixty days after the facility receives its first inmate.	132

(b) The contractor receives accreditation of the facility	133
within twelve months after the date the contractor applies to the	134
American correctional association for accreditation.	135

(c) Once the accreditation is received, the contractor	136
maintains it for the duration of the contract term.	137

(d) If the contractor does not comply with divisions	138
(B)(2)(a) to (c) of this section, the contractor is in violation	139
of the contract, and the public entity may revoke the contract at	140
its discretion.	141

(3) A requirement that the contractor comply with all rules	142
promulgated by the department of rehabilitation and correction	143
that apply to the operation and management of correctional	144
facilities, including the minimum standards for jails in Ohio and	145
policies regarding the use of force and the use of deadly force,	146
although the public entity may require more stringent standards,	147
and comply with any applicable laws, rules, or regulations of the	148
federal, state, and local governments, including, but not limited	149
to, sanitation, food service, safety, and health regulations. The	150
contractor shall be required to send copies of reports of	151
inspections completed by the appropriate authorities regarding	152
compliance with rules and regulations to the director of	153
rehabilitation and correction or the director's designee and, if	154
contracting with a local public entity, to the governing authority	155
of that entity.	156

(4) A requirement that the contractor report for	157
investigation all crimes in connection with the facility to the	158
public entity, to all local law enforcement agencies with	159
jurisdiction over the place at which the facility is located, and,	160
for a crime committed at a state correctional institution, to the	161
state highway patrol;	162

(5) A requirement that the contractor immediately report all	163
escapes from the facility, and the apprehension of all escapees,	164
by telephone and in writing to all local law enforcement agencies	165
with jurisdiction over the place at which the facility is located,	166
to the prosecuting attorney of the county in which the facility is	167
located, to the state highway patrol, to a daily newspaper having	168
general circulation in the county in which the facility is	169
located, and, if the facility is a state correctional institution,	170
to the department of rehabilitation and correction. The written	171
notice may be by either facsimile transmission or mail. A failure	172
to comply with this requirement regarding an escape is a violation	173
of section 2921.22 of the Revised Code.	174

(6) A requirement that, if the facility is a state	175
correctional institution, the contractor provide a written report	176
within specified time limits to the director of rehabilitation and	177
correction or the director's designee of all unusual incidents at	178
the facility as defined in rules promulgated by the department of	179
rehabilitation and correction or, if the facility is a local	180
correctional institution, that the contractor provide a written	181
report of all unusual incidents at the facility to the governing	182
authority of the local public entity;	183

(7) A requirement that the contractor maintain proper control	184
of inmates' personal funds pursuant to rules promulgated by the	185
department of rehabilitation and correction for state correctional	186
institutions or pursuant to the minimum standards for jails along	187
with any additional standards established by the local public	188
entity for local correctional institutions and that records	189
pertaining to these funds be made available to representatives of	190
the public entity for review or audit;	191

(8) A requirement that the contractor prepare and distribute	192
to the director of rehabilitation and correction or, if	193
contracting with a local public entity, to the governing authority	194
of the local entity annual budget income and expenditure	195
statements and funding source financial reports;	196

(9) A requirement that the public entity appoint and	197
supervise a full-time contract monitor, that the contractor	198
provide suitable office space for the contract monitor at the	199
facility, and that the contractor allow the contract monitor	200
unrestricted access to all parts of the facility and all records	201
of the facility except the contractor's financial records;	202

(10) A requirement that if the facility is a state	203
correctional institution designated department of rehabilitation	204
and correction staff members be allowed access to the facility in	205
accordance with rules promulgated by the department;	206

(11) A requirement that the contractor provide internal and	207
perimeter security as agreed upon in the contract;	208

(12) If the facility is a state correctional institution, a	209
requirement that the contractor impose discipline on inmates	210
housed in a state correctional institution only in accordance with	211
rules promulgated by the department of rehabilitation and	212
correction;	213

(13) A requirement that the facility be staffed at all times	214
with a staffing pattern approved by the public entity and adequate	215
both to ensure supervision of inmates and maintenance of security	216
within the facility and to provide for programs, transportation,	217
security, and other operational needs. In determining security	218
needs, the contractor shall be required to consider, among other	219
things, the proximity of the facility to neighborhoods and	220
schools.	221

(14) If the contract is with a local public entity, a	222
requirement that the contractor provide services and programs,	223
consistent with the minimum standards for jails promulgated by the	224
department of rehabilitation and correction under section 5120.10	225
of the Revised Code;	226

(15) A clear statement that no immunity from liability	227
granted to the state, and no immunity from liability granted to	228
political subdivisions under Chapter 2744. of the Revised Code,	229
shall extend to the contractor or any of the contractor's	230
employees;	231

(16) A statement that all documents and records relevant to	232
the facility shall be maintained in the same manner required for,	233
and subject to the same laws, rules, and regulations as apply to,	234
the records of the public entity;	235

(17) Authorization for the public entity to impose a fine on	236
the contractor from a schedule of fines included in the contract	237
for the contractor's failure to perform its contractual duties or	238
to cancel the contract, as the public entity considers	239
appropriate. If a fine is imposed, the public entity may reduce	240
the payment owed to the contractor pursuant to any invoice in the	241
amount of the imposed fine.	242

(18) A statement that all services provided or goods produced	243
at the facility shall be subject to the same regulations, and the	244
same distribution limitations, as apply to goods and services	245
produced at other correctional institutions;	246

(19) Authorization for the department to establish one or	247
more prison industries at a facility operated and managed by a	248
contractor for the department;	249

(20) A requirement that, if the facility is an intensive	250
program prison established pursuant to section 5120.033 of the	251
Revised Code, the facility shall comply with all criteria for	252
intensive program prisons of that type that are set forth in that	253
section;	254

(21) If the institution is a state correctional institution,	255
a requirement that the contractor provide clothing for all inmates	256
housed in the facility that is conspicuous in its color, style, or	257
color and style, that conspicuously identifies its wearer as an	258
inmate, and that is readily distinguishable from clothing of a	259
nature that normally is worn outside the facility by non-inmates,	260
that the contractor require all inmates housed in the facility to	261
wear the clothing so provided, and that the contractor not permit	262
any inmate, while inside or on the premises of the facility or	263
while being transported to or from the facility, to wear any	264
clothing of a nature that does not conspicuously identify its	265
wearer as an inmate and that normally is worn outside the facility	266
by non-inmates.	267

(C) No contract entered into under this section may require,	268
authorize, or imply a delegation of the authority or	269
responsibility of the public entity to a contractor for any of the	270
following:	271

(1) Developing or implementing procedures for calculating	272
inmate release and parole eligibility dates and recommending the	273
granting or denying of parole, although the contractor may submit	274
written reports that have been prepared in the ordinary course of	275
business;	276

(2) Developing or implementing procedures for calculating and	277
awarding earned credits, approving the type of work inmates may	278
perform and the wage or earned credits, if any, that may be	279
awarded to inmates engaging in that work, and granting, denying,	280
or revoking earned credits;	281

(3) For inmates serving a term imposed for a felony offense	282
committed prior to July 1, 1996, or for a misdemeanor offense,	283
developing or implementing procedures for calculating and awarding	284
good time, approving the good time, if any, that may be awarded to	285
inmates engaging in work, and granting, denying, or revoking good	286
time;	287

(4) Classifying an inmate or placing an inmate in a more or a	288
less restrictive custody than the custody ordered by the public	289
entity;	290

(5) Approving inmates for work release;

291

(6) Contracting for local or long distance telephone services	292
for inmates or receiving commissions from those services at a	293
facility that is owned by or operated under a contract with the	294
department.	295

(D) A contractor that has been approved to operate a facility	296
under this section, and a person or entity that enters into a	297
contract for specialized services, as described in division (I) of	298
this section, relative to an intensive program prison established	299
pursuant to section 5120.033 of the Revised Code to be operated by	300
a contractor that has been approved to operate the prison under	301
this section, shall provide an adequate policy of insurance	302
specifically including, but not limited to, insurance for civil	303
rights claims as determined by a risk management or actuarial firm	304
with demonstrated experience in public liability for state	305
governments. The insurance policy shall provide that the state,	306
including all state agencies, and all political subdivisions of	307
the state with jurisdiction over the facility or in which a	308
facility is located are named as insured, and that the state and	309
its political subdivisions shall be sent any notice of	310
cancellation. The contractor may not self-insure.	311

A contractor that has been approved to operate a facility	312
under this section, and a person or entity that enters into a	313
contract for specialized services, as described in division (I) of	314
this section, relative to an intensive program prison established	315
pursuant to section 5120.033 of the Revised Code to be operated by	316
a contractor that has been approved to operate the prison under	317
this section, shall indemnify and hold harmless the state, its	318
officers, agents, and employees, and any local government entity	319
in the state having jurisdiction over the facility or ownership of	320
the facility, shall reimburse the state for its costs in defending	321
the state or any of its officers, agents, or employees, and shall	322
reimburse any local government entity of that nature for its costs	323
in defending the local government entity, from all of the	324
following:	325

(1) Any claims or losses for services rendered by the	326
contractor, person, or entity performing or supplying services in	327
connection with the performance of the contract;	328

(2) Any failure of the contractor, person, or entity or its	329
officers or employees to adhere to the laws, rules, regulations,	330
or terms agreed to in the contract;	331

(3) Any constitutional, federal, state, or civil rights claim	332
brought against the state related to the facility operated and	333
managed by the contractor;	334

(4) Any claims, losses, demands, or causes of action arising	335
out of the contractor's, person's, or entity's activities in this	336
state;	337

(5) Any attorney's fees or court costs arising from any	338
habeas corpus actions or other inmate suits that may arise from	339
any event that occurred at the facility or was a result of such an	340
event, or arise over the conditions, management, or operation of	341
the facility, which fees and costs shall include, but not be	342
limited to, attorney's fees for the state's representation and for	343
any court-appointed representation of any inmate, and the costs of	344
any special judge who may be appointed to hear those actions or	345
suits.	346

(E) Private correctional officers of a contractor operating	347
and managing a facility pursuant to a contract entered into under	348
this section may carry and use firearms in the course of their	349
employment only after being certified as satisfactorily completing	350
an approved training program as described in division (A) of	351
section 109.78 of the Revised Code.	352

(F) Upon notification by the contractor of an escape from, or	353
of a disturbance at, the facility that is the subject of a	354
contract entered into under this section, the department of	355
rehabilitation and correction and state and local law enforcement	356
agencies shall use all reasonable means to recapture escapees or	357
quell any disturbance. Any cost incurred by the state or its	358
political subdivisions relating to the apprehension of an escapee	359
or the quelling of a disturbance at the facility shall be	360
chargeable to and borne by the contractor. The contractor shall	361
also reimburse the state or its political subdivisions for all	362
reasonable costs incurred relating to the temporary detention of	363
the escapee following recapture.	364

(G) Any offense that would be a crime if committed at a state	365
correctional institution or jail, workhouse, prison, or other	366
correctional facility shall be a crime if committed by or with	367
regard to inmates at facilities operated pursuant to a contract	368
entered into under this section.	369

(H) A contractor operating and managing a facility pursuant	370
to a contract entered into under this section shall pay any inmate	371
workers at the facility at the rate approved by the public entity.	372
Inmates working at the facility shall not be considered employees	373
of the contractor.	374

(I) In contracting for the private operation and management	375
pursuant to division (A) of this section of any intensive program	376
prison established pursuant to section 5120.033 of the Revised	377
Code, the department of rehabilitation and correction may enter	378
into a contract with a contractor for the general operation and	379
management of the prison and may enter into one or more separate	380
contracts with other persons or entities for the provision of	381
specialized services for persons confined in the prison,	382
including, but not limited to, security or training services or	383
medical, counseling, educational, or similar treatment programs.	384
If, pursuant to this division, the department enters into a	385
contract with a contractor for the general operation and	386
management of the prison and also enters into one or more	387
specialized service contracts with other persons or entities, all	388
of the following apply:	389

(1) The contract for the general operation and management	390
shall comply with all requirements and criteria set forth in this	391
section, and all provisions of this section apply in relation to	392
the prison operated and managed pursuant to the contract.	393

(2) Divisions (A)(2), (B), and (C) of this section do not	394
apply in relation to any specialized services contract, except to	395
the extent that the provisions of those divisions clearly are	396
relevant to the specialized services to be provided under the	397
specialized services contract. Division (D) of this section	398
applies in relation to each specialized services contract.	399

(J) As used in this section:

400

(1) "Public entity" means the department of rehabilitation	401
and correction, or a county or municipal corporation or a	402
combination of counties and municipal corporations, that has	403
jurisdiction over a facility that is the subject of a contract	404
entered into under this section.	405

(2) "Local public entity" means a county or municipal	406
corporation, or a combination of counties and municipal	407
corporations, that has jurisdiction over a jail, workhouse, or	408
other correctional facility used only for misdemeanants that is	409
the subject of a contract entered into under this section.	410

(3) "Governing authority of a local public entity" means, for	411
a county, the board of county commissioners; for a municipal	412
corporation, the legislative authority; for a combination of	413
counties and municipal corporations, all the boards of county	414
commissioners and municipal legislative authorities that joined to	415
create the facility.	416

(4) "Contractor" means a person or entity that enters into a	417
contract under this section to operate and manage a jail,	418
workhouse, or other correctional facility.	419

(5) "Facility" means the specific county, multicounty,	420
municipal, municipal-county, or multicounty-municipal jail,	421
workhouse, prison, or other type of correctional institution or	422
facility used only for misdemeanants, or a state correctional	423
institution, that is the subject of a contract entered into under	424
this section.	425

~~(6) "Person or entity" in the case of a contract for the~~	426
~~private operation and management of a state correctional~~	427
~~institution, includes an employee organization, as defined in~~	428
~~section 4117.01 of the Revised Code, that represents employees at~~	429
~~state correctional institutions.~~	430

Sec. 9.90. (A) The governing board of any public institution	431
of higher education, including without limitation state	432
universities and colleges, community college districts, university	433
branch districts, technical college districts, and municipal	434
universities, may, in addition to all other powers provided in the	435
Revised Code:	436

(1) Contract for, purchase, or otherwise procure from an	437
insurer or insurers licensed to do business by the state of Ohio	438
for or on behalf of such of its employees as it may determine,	439
life insurance, or sickness, accident, annuity, endowment, health,	440
medical, hospital, dental, or surgical coverage and benefits, or	441
any combination thereof, by means of insurance plans or other	442
types of coverage, family, group or otherwise, and may pay from	443
funds under its control and available for such purpose all or any	444
portion of the cost, premium, or charge for such insurance,	445
coverage, or benefits. However, the governing board, in addition	446
to or as an alternative to the authority otherwise granted by	447
division (A)(1) of this section, may elect to procure coverage for	448
health care services, for or on behalf of such of its employees as	449
it may determine, by means of policies, contracts, certificates,	450
or agreements issued by at least two health insuring corporations	451
holding a certificate of authority under Chapter 1751. of the	452
Revised Code and may pay from funds under the governing board's	453
control and available for such purpose all or any portion of the	454
cost of such coverage.	455

(2) Make payments to a custodial account for investment in	456
regulated investment company stock for the purpose of providing	457
retirement benefits as described in section 403(b)(7) of the	458
Internal Revenue Code of 1954, as amended. Such stock shall be	459
purchased only from persons authorized to sell such stock in this	460
state.	461

Any income of an employee deferred under divisions (A)(1) and	462
(2) of this section in a deferred compensation program eligible	463
for favorable tax treatment under the Internal Revenue Code of	464
1954, as amended, shall continue to be included as regular	465
compensation for the purpose of computing the contributions to and	466
benefits from the retirement system of such employee. Any sum so	467
deferred shall not be included in the computation of any federal	468
and state income taxes withheld on behalf of any such employee.	469

(B) All or any portion of the cost, premium, or charge	470
therefor may be paid in such other manner or combination of	471
manners as the governing board may determine, including direct	472
payment by the employee in cases under division (A)(1) of this	473
section, and, if authorized in writing by the employee in cases	474
under division (A)(1) or (2) of this section, by such governing	475
board with moneys made available by deduction from or reduction in	476
salary or wages or by the foregoing of a salary or wage increase.	477
Nothing in section 3917.01 or section 3917.06 of the Revised Code	478
shall prohibit the issuance or purchase of group life insurance	479
authorized by this section by reason of payment of premiums	480
therefor by the governing board from its funds, and such group	481
life insurance may be so issued and purchased if otherwise	482
consistent with the provisions of sections 3917.01 to 3917.07 of	483
the Revised Code.	484

(C) The board of education of any school district may	485
exercise any of the powers granted to the governing boards of	486
public institutions of higher education under divisions (A) and	487
(B) of this section~~, except in relation to~~; however, nothing in	488
this division shall be construed to allow a board of education to	489
bargain collectively regarding the provision of health care	490
benefits ~~to employees. All health care benefits provided to~~	491
~~persons employed by the public schools of this state shall be~~	492
~~health care plans that contain best practices established by the~~	493
~~school employees health care board pursuant to~~as that term is	494
defined in section ~~9.901~~124.81 of the Revised Code.	495

Sec. 102.02. (A) Except as otherwise provided in division	496
(H) of this section, all of the following shall file with the	497
appropriate ethics commission the disclosure statement described	498
in this division on a form prescribed by the appropriate	499
commission: every person who is elected to or is a candidate for a	500
state, county, or city office and every person who is appointed to	501
fill a vacancy for an unexpired term in such an elective office;	502
all members of the state board of education; the director,	503
assistant directors, deputy directors, division chiefs, or persons	504
of equivalent rank of any administrative department of the state;	505
the president or other chief administrative officer of every state	506
institution of higher education as defined in section 3345.011 of	507
the Revised Code; the executive director and the members of the	508
capitol square review and advisory board appointed or employed	509
pursuant to section 105.41 of the Revised Code; all members of the	510
Ohio casino control commission, the executive director of the	511
commission, all professional employees of the commission, and all	512
technical employees of the commission who perform an internal	513
audit function; the chief executive officer and the members of the	514
board of each state retirement system; each employee of a state	515
retirement board who is a state retirement system investment	516
officer licensed pursuant to section 1707.163 of the Revised Code;	517
the members of the Ohio retirement study council appointed	518
pursuant to division (C) of section 171.01 of the Revised Code;	519
employees of the Ohio retirement study council, other than	520
employees who perform purely administrative or clerical functions;	521
the administrator of workers' compensation and each member of the	522
bureau of workers' compensation board of directors; the bureau of	523
workers' compensation director of investments; the chief	524
investment officer of the bureau of workers' compensation; the	525
director appointed by the workers' compensation council; all	526
members of the board of commissioners on grievances and discipline	527
of the supreme court and the ethics commission created under	528
section 102.05 of the Revised Code; every business manager,	529
treasurer, or superintendent of a city, local, exempted village,	530
joint vocational, or cooperative education school district or an	531
educational service center; every person who is elected to or is a	532
candidate for the office of member of a board of education of a	533
city, local, exempted village, joint vocational, or cooperative	534
education school district or of a governing board of an	535
educational service center that has a total student count of	536
twelve thousand or more as most recently determined by the	537
department of education pursuant to section 3317.03 of the Revised	538
Code; every person who is appointed to the board of education of a	539
municipal school district pursuant to division (B) or (F) of	540
section 3311.71 of the Revised Code; all members of the board of	541
directors of a sanitary district that is established under Chapter	542
6115. of the Revised Code and organized wholly for the purpose of	543
providing a water supply for domestic, municipal, and public use,	544
and that includes two municipal corporations in two counties;	545
every public official or employee who iswould be paid a salary or	546
wage in accordance with schedule C prescribed in the version of	547
section 124.15 of the Revised Code in effect immediately prior to	548
the effective date of this amendment or schedule E-2 prescribed in	549
the version of section 124.152 of the Revised Code in effect	550
immediately prior to the effective date of this amendment; members	551
of the board of trustees and the executive director of the	552
southern Ohio agricultural and community development foundation;	553
all members appointed to the Ohio livestock care standards board	554
under section 904.02 of the Revised Code; and every other public	555
official or employee who is designated by the appropriate ethics	556
commission pursuant to division (B) of this section.	557

The disclosure statement shall include all of the following:

558

(1) The name of the person filing the statement and each	559
member of the person's immediate family and all names under which	560
the person or members of the person's immediate family do	561
business;	562

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	563
and except as otherwise provided in section 102.022 of the Revised	564
Code, identification of every source of income, other than income	565
from a legislative agent identified in division (A)(2)(b) of this	566
section, received during the preceding calendar year, in the	567
person's own name or by any other person for the person's use or	568
benefit, by the person filing the statement, and a brief	569
description of the nature of the services for which the income was	570
received. If the person filing the statement is a member of the	571
general assembly, the statement shall identify the amount of every	572
source of income received in accordance with the following ranges	573
of amounts: zero or more, but less than one thousand dollars; one	574
thousand dollars or more, but less than ten thousand dollars; ten	575
thousand dollars or more, but less than twenty-five thousand	576
dollars; twenty-five thousand dollars or more, but less than fifty	577
thousand dollars; fifty thousand dollars or more, but less than	578
one hundred thousand dollars; and one hundred thousand dollars or	579
more. Division (A)(2)(a) of this section shall not be construed to	580
require a person filing the statement who derives income from a	581
business or profession to disclose the individual items of income	582
that constitute the gross income of that business or profession,	583
except for those individual items of income that are attributable	584
to the person's or, if the income is shared with the person, the	585
partner's, solicitation of services or goods or performance,	586
arrangement, or facilitation of services or provision of goods on	587
behalf of the business or profession of clients, including	588
corporate clients, who are legislative agents. A person who files	589
the statement under this section shall disclose the identity of	590
and the amount of income received from a person who the public	591
official or employee knows or has reason to know is doing or	592
seeking to do business of any kind with the public official's or	593
employee's agency.	594

(b) If the person filing the statement is a member of the	595
general assembly, the statement shall identify every source of	596
income and the amount of that income that was received from a	597
legislative agent during the preceding calendar year, in the	598
person's own name or by any other person for the person's use or	599
benefit, by the person filing the statement, and a brief	600
description of the nature of the services for which the income was	601
received. Division (A)(2)(b) of this section requires the	602
disclosure of clients of attorneys or persons licensed under	603
section 4732.12 of the Revised Code, or patients of persons	604
certified under section 4731.14 of the Revised Code, if those	605
clients or patients are legislative agents. Division (A)(2)(b) of	606
this section requires a person filing the statement who derives	607
income from a business or profession to disclose those individual	608
items of income that constitute the gross income of that business	609
or profession that are received from legislative agents.	610

(c) Except as otherwise provided in division (A)(2)(c) of	611
this section, division (A)(2)(a) of this section applies to	612
attorneys, physicians, and other persons who engage in the	613
practice of a profession and who, pursuant to a section of the	614
Revised Code, the common law of this state, a code of ethics	615
applicable to the profession, or otherwise, generally are required	616
not to reveal, disclose, or use confidences of clients, patients,	617
or other recipients of professional services except under	618
specified circumstances or generally are required to maintain	619
those types of confidences as privileged communications except	620
under specified circumstances. Division (A)(2)(a) of this section	621
does not require an attorney, physician, or other professional	622
subject to a confidentiality requirement as described in division	623
(A)(2)(c) of this section to disclose the name, other identity, or	624
address of a client, patient, or other recipient of professional	625
services if the disclosure would threaten the client, patient, or	626
other recipient of professional services, would reveal details of	627
the subject matter for which legal, medical, or professional	628
advice or other services were sought, or would reveal an otherwise	629
privileged communication involving the client, patient, or other	630
recipient of professional services. Division (A)(2)(a) of this	631
section does not require an attorney, physician, or other	632
professional subject to a confidentiality requirement as described	633
in division (A)(2)(c) of this section to disclose in the brief	634
description of the nature of services required by division	635
(A)(2)(a) of this section any information pertaining to specific	636
professional services rendered for a client, patient, or other	637
recipient of professional services that would reveal details of	638
the subject matter for which legal, medical, or professional	639
advice was sought or would reveal an otherwise privileged	640
communication involving the client, patient, or other recipient of	641
professional services.	642

(3) The name of every corporation on file with the secretary	643
of state that is incorporated in this state or holds a certificate	644
of compliance authorizing it to do business in this state, trust,	645
business trust, partnership, or association that transacts	646
business in this state in which the person filing the statement or	647
any other person for the person's use and benefit had during the	648
preceding calendar year an investment of over one thousand dollars	649
at fair market value as of the thirty-first day of December of the	650
preceding calendar year, or the date of disposition, whichever is	651
earlier, or in which the person holds any office or has a	652
fiduciary relationship, and a description of the nature of the	653
investment, office, or relationship. Division (A)(3) of this	654
section does not require disclosure of the name of any bank,	655
savings and loan association, credit union, or building and loan	656
association with which the person filing the statement has a	657
deposit or a withdrawable share account.	658

(4) All fee simple and leasehold interests to which the	659
person filing the statement holds legal title to or a beneficial	660
interest in real property located within the state, excluding the	661
person's residence and property used primarily for personal	662
recreation;	663

(5) The names of all persons residing or transacting business	664
in the state to whom the person filing the statement owes, in the	665
person's own name or in the name of any other person, more than	666
one thousand dollars. Division (A)(5) of this section shall not be	667
construed to require the disclosure of debts owed by the person	668
resulting from the ordinary conduct of a business or profession or	669
debts on the person's residence or real property used primarily	670
for personal recreation, except that the superintendent of	671
financial institutions shall disclose the names of all	672
state-chartered savings and loan associations and of all service	673
corporations subject to regulation under division (E)(2) of	674
section 1151.34 of the Revised Code to whom the superintendent in	675
the superintendent's own name or in the name of any other person	676
owes any money, and that the superintendent and any deputy	677
superintendent of banks shall disclose the names of all	678
state-chartered banks and all bank subsidiary corporations subject	679
to regulation under section 1109.44 of the Revised Code to whom	680
the superintendent or deputy superintendent owes any money.	681

(6) The names of all persons residing or transacting business	682
in the state, other than a depository excluded under division	683
(A)(3) of this section, who owe more than one thousand dollars to	684
the person filing the statement, either in the person's own name	685
or to any person for the person's use or benefit. Division (A)(6)	686
of this section shall not be construed to require the disclosure	687
of clients of attorneys or persons licensed under section 4732.12	688
or 4732.15 of the Revised Code, or patients of persons certified	689
under section 4731.14 of the Revised Code, nor the disclosure of	690
debts owed to the person resulting from the ordinary conduct of a	691
business or profession.	692

(7) Except as otherwise provided in section 102.022 of the	693
Revised Code, the source of each gift of over seventy-five	694
dollars, or of each gift of over twenty-five dollars received by a	695
member of the general assembly from a legislative agent, received	696
by the person in the person's own name or by any other person for	697
the person's use or benefit during the preceding calendar year,	698
except gifts received by will or by virtue of section 2105.06 of	699
the Revised Code, or received from spouses, parents, grandparents,	700
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	701
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	702
fathers-in-law, mothers-in-law, or any person to whom the person	703
filing the statement stands in loco parentis, or received by way	704
of distribution from any inter vivos or testamentary trust	705
established by a spouse or by an ancestor;	706

(8) Except as otherwise provided in section 102.022 of the	707
Revised Code, identification of the source and amount of every	708
payment of expenses incurred for travel to destinations inside or	709
outside this state that is received by the person in the person's	710
own name or by any other person for the person's use or benefit	711
and that is incurred in connection with the person's official	712
duties, except for expenses for travel to meetings or conventions	713
of a national or state organization to which any state agency,	714
including, but not limited to, any legislative agency or state	715
institution of higher education as defined in section 3345.011 of	716
the Revised Code, pays membership dues, or any political	717
subdivision or any office or agency of a political subdivision	718
pays membership dues;	719

(9) Except as otherwise provided in section 102.022 of the	720
Revised Code, identification of the source of payment of expenses	721
for meals and other food and beverages, other than for meals and	722
other food and beverages provided at a meeting at which the person	723
participated in a panel, seminar, or speaking engagement or at a	724
meeting or convention of a national or state organization to which	725
any state agency, including, but not limited to, any legislative	726
agency or state institution of higher education as defined in	727
section 3345.011 of the Revised Code, pays membership dues, or any	728
political subdivision or any office or agency of a political	729
subdivision pays membership dues, that are incurred in connection	730
with the person's official duties and that exceed one hundred	731
dollars aggregated per calendar year;	732

(10) If the disclosure statement is filed by a public	733
official or employee described in division (B)(2) of section	734
101.73 of the Revised Code or division (B)(2) of section 121.63 of	735
the Revised Code who receives a statement from a legislative	736
agent, executive agency lobbyist, or employer that contains the	737
information described in division (F)(2) of section 101.73 of the	738
Revised Code or division (G)(2) of section 121.63 of the Revised	739
Code, all of the nondisputed information contained in the	740
statement delivered to that public official or employee by the	741
legislative agent, executive agency lobbyist, or employer under	742
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	743
the Revised Code.	744

A person may file a statement required by this section in	745
person or by mail. A person who is a candidate for elective office	746
shall file the statement no later than the thirtieth day before	747
the primary, special, or general election at which the candidacy	748
is to be voted on, whichever election occurs soonest, except that	749
a person who is a write-in candidate shall file the statement no	750
later than the twentieth day before the earliest election at which	751
the person's candidacy is to be voted on. A person who holds	752
elective office shall file the statement on or before the	753
fifteenth day of April of each year unless the person is a	754
candidate for office. A person who is appointed to fill a vacancy	755
for an unexpired term in an elective office shall file the	756
statement within fifteen days after the person qualifies for	757
office. Other persons shall file an annual statement on or before	758
the fifteenth day of April or, if appointed or employed after that	759
date, within ninety days after appointment or employment. No	760
person shall be required to file with the appropriate ethics	761
commission more than one statement or pay more than one filing fee	762
for any one calendar year.	763

The appropriate ethics commission, for good cause, may extend	764
for a reasonable time the deadline for filing a statement under	765
this section.	766

A statement filed under this section is subject to public	767
inspection at locations designated by the appropriate ethics	768
commission except as otherwise provided in this section.	769

(B) The Ohio ethics commission, the joint legislative ethics	770
committee, and the board of commissioners on grievances and	771
discipline of the supreme court, using the rule-making procedures	772
of Chapter 119. of the Revised Code, may require any class of	773
public officials or employees under its jurisdiction and not	774
specifically excluded by this section whose positions involve a	775
substantial and material exercise of administrative discretion in	776
the formulation of public policy, expenditure of public funds,	777
enforcement of laws and rules of the state or a county or city, or	778
the execution of other public trusts, to file an annual statement	779
on or before the fifteenth day of April under division (A) of this	780
section. The appropriate ethics commission shall send the public	781
officials or employees written notice of the requirement by the	782
fifteenth day of February of each year the filing is required	783
unless the public official or employee is appointed after that	784
date, in which case the notice shall be sent within thirty days	785
after appointment, and the filing shall be made not later than	786
ninety days after appointment.	787

Except for disclosure statements filed by members of the	788
board of trustees and the executive director of the southern Ohio	789
agricultural and community development foundation, disclosure	790
statements filed under this division with the Ohio ethics	791
commission by members of boards, commissions, or bureaus of the	792
state for which no compensation is received other than reasonable	793
and necessary expenses shall be kept confidential. Disclosure	794
statements filed with the Ohio ethics commission under division	795
(A) of this section by business managers, treasurers, and	796
superintendents of city, local, exempted village, joint	797
vocational, or cooperative education school districts or	798
educational service centers shall be kept confidential, except	799
that any person conducting an audit of any such school district or	800
educational service center pursuant to section 115.56 or Chapter	801
117. of the Revised Code may examine the disclosure statement of	802
any business manager, treasurer, or superintendent of that school	803
district or educational service center. The Ohio ethics commission	804
shall examine each disclosure statement required to be kept	805
confidential to determine whether a potential conflict of interest	806
exists for the person who filed the disclosure statement. A	807
potential conflict of interest exists if the private interests of	808
the person, as indicated by the person's disclosure statement,	809
might interfere with the public interests the person is required	810
to serve in the exercise of the person's authority and duties in	811
the person's office or position of employment. If the commission	812
determines that a potential conflict of interest exists, it shall	813
notify the person who filed the disclosure statement and shall	814
make the portions of the disclosure statement that indicate a	815
potential conflict of interest subject to public inspection in the	816
same manner as is provided for other disclosure statements. Any	817
portion of the disclosure statement that the commission determines	818
does not indicate a potential conflict of interest shall be kept	819
confidential by the commission and shall not be made subject to	820
public inspection, except as is necessary for the enforcement of	821
Chapters 102. and 2921. of the Revised Code and except as	822
otherwise provided in this division.	823

(C) No person shall knowingly fail to file, on or before the	824
applicable filing deadline established under this section, a	825
statement that is required by this section.	826

(D) No person shall knowingly file a false statement that is	827
required to be filed under this section.	828

(E)(1) Except as provided in divisions (E)(2) and (3) of this	829
section, the statement required by division (A) or (B) of this	830
section shall be accompanied by a filing fee of forty dollars.	831

(2) The statement required by division (A) of this section	832
shall be accompanied by the following filing fee to be paid by the	833
person who is elected or appointed to, or is a candidate for, any	834
of the following offices:	835

For state office, except member of the		836
state board of education	$65	837
For office of member of general assembly	$40	838
For county office	$40	839
For city office	$25	840
For office of member of the state board		841
of education	$25	842
For office of member of the Ohio		843
livestock care standards board	$25	844
For office of member of a city, local,		845
exempted village, or cooperative		846
education board of		847
education or educational service		848
center governing board	$20	849
For position of business manager,		850
treasurer, or superintendent of a		851
city, local, exempted village, joint		852
vocational, or cooperative education		853
school district or		854
educational service center	$20	855

(3) No judge of a court of record or candidate for judge of a	856
court of record, and no referee or magistrate serving a court of	857
record, shall be required to pay the fee required under division	858
(E)(1) or (2) or (F) of this section.	859

(4) For any public official who is appointed to a nonelective	860
office of the state and for any employee who holds a nonelective	861
position in a public agency of the state, the state agency that is	862
the primary employer of the state official or employee shall pay	863
the fee required under division (E)(1) or (F) of this section.	864

(F) If a statement required to be filed under this section is	865
not filed by the date on which it is required to be filed, the	866
appropriate ethics commission shall assess the person required to	867
file the statement a late filing fee of ten dollars for each day	868
the statement is not filed, except that the total amount of the	869
late filing fee shall not exceed two hundred fifty dollars.	870

(G)(1) The appropriate ethics commission other than the Ohio	871
ethics commission and the joint legislative ethics committee shall	872
deposit all fees it receives under divisions (E) and (F) of this	873
section into the general revenue fund of the state.	874

(2) The Ohio ethics commission shall deposit all receipts,	875
including, but not limited to, fees it receives under divisions	876
(E) and (F) of this section and all moneys it receives from	877
settlements under division (G) of section 102.06 of the Revised	878
Code, into the Ohio ethics commission fund, which is hereby	879
created in the state treasury. All moneys credited to the fund	880
shall be used solely for expenses related to the operation and	881
statutory functions of the commission.	882

(3) The joint legislative ethics committee shall deposit all	883
receipts it receives from the payment of financial disclosure	884
statement filing fees under divisions (E) and (F) of this section	885
into the joint legislative ethics committee investigative fund.	886

(H) Division (A) of this section does not apply to a person	887
elected or appointed to the office of precinct, ward, or district	888
committee member under Chapter 3517. of the Revised Code; a	889
presidential elector; a delegate to a national convention; village	890
or township officials and employees; any physician or psychiatrist	891
who iswould be paid a salary or wage in accordance with schedule	892
C as prescribed by the version of section 124.15 of the Revised	893
Code in effect immediately prior to the effective date of this	894
amendment or schedule E-2 as prescribed by the version of section	895
124.152 of the Revised Code in effect immediately prior to the	896
effective date of this amendment and whose primary duties do not	897
require the exercise of administrative discretion; or any member	898
of a board, commission, or bureau of any county or city who	899
receives less than one thousand dollars per year for serving in	900
that position.	901

Sec. 103.74. The correctional institution inspection	902
committee may employ a director and any other nonlegal staff, who	903
shall be in the unclassified service of the state, that are	904
necessary for the committee to carry out its duties and may	905
contract for the services of whatever nonlegal technical advisors	906
are necessary for the committee to carry out its duties. The	907
attorney general shall act as legal counsel to the committee.	908

The chairperson and vice-chairperson of the legislative	909
service commission shall fix the compensation of the director. The	910
director, with the approval of the director of the legislative	911
service commission, shall fix the compensation of other staff of	912
the committee in accordance with a salary schedule established by	913
the director of the legislative service commission. The director	914
of the legislative service commission, when establishing the	915
salary schedule, shall require merit to be the only basis, and the	916
director of the correctional institution inspection committee	917
shall use merit as the only basis for an employee's progression	918
through the schedule. Contracts for the services of necessary	919
technical advisors shall be approved by the director of the	920
legislative service commission.	921

The general assembly shall biennially appropriate to the	922
correctional institution inspection committee an amount sufficient	923
to enable the committee to perform its duties. Salaries and	924
expenses incurred by the committee shall be paid from that	925
appropriation upon vouchers approved by the chairperson of the	926
committee.	927

Sec. 109.33. The attorney general may appoint, with salaries	928
fixed ~~pursuant to section 124.15 or 124.152 of the Revised Code~~by	929
the attorney general based on merit, such assistants and may	930
employ such stenographers and clerks as may be necessary to carry	931
out sections 109.23 to 109.33 of the Revised Code. The attorney	932
general may also employ experts for assistance in any specific	933
matter at a reasonable rate of compensation.	934

Sec. 120.40. The ~~pay ranges established~~salary or wage fixed	935
by the board of county commissioners for the county public	936
defender and staff, and those established by the joint board of	937
county commissioners for the joint county public defender and	938
staff, shall not exceed the ~~pay ranges assigned~~highest salary or	939
wage fixed under section 124.14 of the Revised Code for comparable	940
positions of the Ohio public defender and staff.	941

Sec. 121.40. (A) There is hereby created the Ohio community	942
service council consisting of twenty-one voting members including	943
the superintendent of public instruction or the superintendent's	944
designee, the chancellor of the Ohio board of regents or the	945
chancellor's designee, the director of youth services or the	946
director's designee, the director of aging or the director's	947
designee, the chairperson of the committee of the house of	948
representatives dealing with education or the chairperson's	949
designee, the chairperson of the committee of the senate dealing	950
with education or the chairperson's designee, and fifteen members	951
who shall be appointed by the governor with the advice and consent	952
of the senate and who shall serve terms of office of three years.	953
The appointees shall include educators, including teachers and	954
administrators; representatives of youth organizations; students	955
and parents; representatives of organizations engaged in volunteer	956
program development and management throughout the state, including	957
youth and conservation programs; and representatives of business,	958
government, nonprofit organizations, social service agencies,	959
veterans organizations, religious organizations, or philanthropies	960
that support or encourage volunteerism within the state. The	961
director of the governor's office of faith-based and community	962
initiatives shall serve as a nonvoting ex officio member of the	963
council. Members of the council shall receive no compensation, but	964
shall be reimbursed for actual and necessary expenses incurred in	965
the performance of their official duties.	966

(B) The council shall appoint an executive director for the	967
council, who shall be in the unclassified civil service. The	968
governor shall be informed of the appointment of an executive	969
director before such an appointment is made. The executive	970
director shall supervise the council's activities and report to	971
the council on the progress of those activities. The executive	972
director shall do all things necessary for the efficient and	973
effective implementation of the duties of the council.	974

The responsibilities assigned to the executive director do	975
not relieve the members of the council from final responsibility	976
for the proper performance of the requirements of this section.	977

(C) The council or its designee shall do all of the	978
following:	979

(1) Employ, promote, supervise, and remove all employees as	980
needed in connection with the performance of its duties under this	981
section and may assign duties to those employees as necessary to	982
achieve the most efficient performance of its functions, and to	983
that end may establish, change, or abolish positions, and assign	984
and reassign duties and responsibilities of any employee of the	985
council. ~~Personnel employed by the council who are subject to~~	986
~~Chapter 4117. of the Revised Code shall retain all of their rights~~	987
~~and benefits conferred pursuant to that chapter. Nothing in this~~	988
~~chapter shall be construed as eliminating or interfering with~~	989
~~Chapter 4117. of the Revised Code or the rights and benefits~~	990
~~conferred under that chapter to public employees or to any~~	991
~~bargaining unit.~~	992

(2) Maintain its office in Columbus, and may hold sessions at	993
any place within the state;	994

(3) Acquire facilities, equipment, and supplies necessary to	995
house the council, its employees, and files and records under its	996
control, and to discharge any duty imposed upon it by law. The	997
expense of these acquisitions shall be audited and paid for in the	998
same manner as other state expenses. For that purpose, the council	999
shall prepare and submit to the office of budget and management a	1000
budget for each biennium according to sections 101.532 and 107.03	1001
of the Revised Code. The budget submitted shall cover the costs of	1002
the council and its staff in the discharge of any duty imposed	1003
upon the council by law. The council shall not delegate any	1004
authority to obligate funds.	1005

(4) Pay its own payroll and other operating expenses from	1006
line items designated by the general assembly;	1007

(5) Retain its fiduciary responsibility as appointing	1008
authority. Any transaction instructions shall be certified by the	1009
appointing authority or its designee.	1010

(6) Establish the overall policy and management of the	1011
council in accordance with this chapter;	1012

(7) Assist in coordinating and preparing the state	1013
application for funds under sections 101 to 184 of the "National	1014
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	1015
U.S.C.A. 12411 to 12544, as amended, assist in administering and	1016
overseeing the "National and Community Service Trust Act of 1993,"	1017
P.L. 103-82, 107 Stat. 785, and the americorps program in this	1018
state, and assist in developing objectives for a comprehensive	1019
strategy to encourage and expand community service programs	1020
throughout the state;	1021

(8) Assist the state board of education, school districts,	1022
the chancellor of the board of regents, and institutions of higher	1023
education in coordinating community service education programs	1024
through cooperative efforts between institutions and organizations	1025
in the public and private sectors;	1026

(9) Assist the departments of natural resources, youth	1027
services, aging, and job and family services in coordinating	1028
community service programs through cooperative efforts between	1029
institutions and organizations in the public and private sectors;	1030

(10) Suggest individuals and organizations that are available	1031
to assist school districts, institutions of higher education, and	1032
the departments of natural resources, youth services, aging, and	1033
job and family services in the establishment of community service	1034
programs and assist in investigating sources of funding for	1035
implementing these programs;	1036

(11) Assist in evaluating the state's efforts in providing	1037
community service programs using standards and methods that are	1038
consistent with any statewide objectives for these programs and	1039
provide information to the state board of education, school	1040
districts, the chancellor of the board of regents, institutions of	1041
higher education, and the departments of natural resources, youth	1042
services, aging, and job and family services to guide them in	1043
making decisions about these programs;	1044

(12) Assist the state board of education in complying with	1045
section 3301.70 of the Revised Code and the chancellor of the	1046
board of regents in complying with division (B)(2) of section	1047
3333.043 of the Revised Code;	1048

(13) Advise, assist, consult with, and cooperate with, by	1049
contract or otherwise, agencies and political subdivisions of this	1050
state in establishing a statewide system for volunteers pursuant	1051
to section 121.404 of the Revised Code.	1052

(D) The council shall in writing enter into an agreement with	1053
another state agency to serve as the council's fiscal agent.	1054
Before entering into such an agreement, the council shall inform	1055
the governor of the terms of the agreement and of the state agency	1056
designated to serve as the council's fiscal agent. The fiscal	1057
agent shall be responsible for all the council's fiscal matters	1058
and financial transactions, as specified in the agreement.	1059
Services to be provided by the fiscal agent include, but are not	1060
limited to, the following:	1061

(1) Preparing and processing payroll and other personnel	1062
documents that the council executes as the appointing authority;	1063

(2) Maintaining ledgers of accounts and reports of account	1064
balances, and monitoring budgets and allotment plans in	1065
consultation with the council; and	1066

(3) Performing other routine support services that the fiscal	1067
agent considers appropriate to achieve efficiency.	1068

(E)(1) The council, in conjunction and consultation with the	1069
fiscal agent, has the following authority and responsibility	1070
relative to fiscal matters:	1071

(a) Sole authority to draw funds for any and all federal	1072
programs in which the council is authorized to participate;	1073

(b) Sole authority to expend funds from their accounts for	1074
programs and any other necessary expenses the council may incur	1075
and its subgrantees may incur; and	1076

(c) Responsibility to cooperate with and inform the fiscal	1077
agent fully of all financial transactions.	1078

(2) The council shall follow all state procurement, fiscal,	1079
human resources, statutory, and administrative rule requirements.	1080

(3) The fiscal agent shall determine fees to be charged to	1081
the council, which shall be in proportion to the services	1082
performed for the council.	1083

(4) The council shall pay fees owed to the fiscal agent from	1084
a general revenue fund of the council or from any other fund from	1085
which the operating expenses of the council are paid. Any amounts	1086
set aside for a fiscal year for the payment of these fees shall be	1087
used only for the services performed for the council by the fiscal	1088
agent in that fiscal year.	1089

(F) The council may accept and administer grants from any	1090
source, public or private, to carry out any of the council's	1091
functions this section establishes.	1092

Sec. 122.40. (A) There is hereby created the development	1093
financing advisory council to assist in carrying out the programs	1094
created pursuant to sections 122.39 to 122.62 and Chapter 166. of	1095
the Revised Code.	1096

(B) The council shall consist of eight members appointed by	1097
the governor, with the advice and consent of the senate, who are	1098
selected for their knowledge of and experience in economic	1099
development financing, one member of the senate appointed by the	1100
president of the senate, one member of the house of	1101
representatives appointed by the speaker of the house of	1102
representatives, and the director of development or the director's	1103
designee. With respect to the council:	1104

(1) No more than four members of the council appointed by the	1105
governor shall be members of the same political party.	1106

(2) Each member shall hold office from the date of the	1107
member's appointment until the end of the term for which the	1108
member was appointed.	1109

(3) The terms of office for the eight members appointed by	1110
the governor shall be for five years commencing on the first day	1111
of January and ending on the thirty-first day of December. The	1112
members appointed by the governor who are serving terms of office	1113
of seven years on December 30, 2004, shall continue to serve those	1114
terms, but their successors in office, including the filling of a	1115
vacancy occurring prior to the expiration of those terms, shall be	1116
appointed for terms of five years in accordance with this	1117
division.	1118

(4) Any member of the council is eligible for reappointment.

1119

(5) As a term of a member of the council appointed by the	1120
governor expires, the governor shall appoint a successor with the	1121
advice and consent of the senate.	1122

(6) Except as otherwise provided in division (B)(3) of this	1123
section, any member appointed to fill a vacancy occurring prior to	1124
the expiration of the term for which the member's predecessor was	1125
appointed shall hold office for the remainder of the predecessor's	1126
term.	1127

(7) Any member shall continue in office subsequent to the	1128
expiration date of the member's term until the member's successor	1129
takes office, or until a period of sixty days has elapsed,	1130
whichever occurs first.	1131

(8) Before entering upon duties as a member of the council,	1132
each member shall take an oath provided by Section 7 of Article	1133
XV, Ohio Constitution.	1134

(9) The governor may, at any time, remove any nonlegislative	1135
member pursuant to section 3.04 of the Revised Code.	1136

(10) Members of the council, notwithstanding section 101.26	1137
of the Revised Code with respect to members who are members of the	1138
general assembly, shall receive their necessary and actual	1139
expenses while engaged in the business of the council and shall be	1140
paid at ~~the~~a per diem rate ~~of step 1, pay range 31, of~~determined	1141
under division (A) of section 124.15 of the Revised Code.	1142

(11) Six members of the council constitute a quorum and the	1143
affirmative vote of six members is necessary for any action taken	1144
by the council.	1145

(12) In the event of the absence of a member appointed by the	1146
president of the senate or by the speaker of the house of	1147
representatives, the following persons may serve in the member's	1148
absence: the president of the senate or the speaker of the house,	1149
as the case may be, or a member of the senate or of the house of	1150
representatives, of the same political party as the development	1151
financing advisory council member, designated by the president of	1152
the senate or the speaker of the house.	1153

Sec. 122.64. (A) There is hereby established in the	1154
department of development a division of economic development. The	1155
division shall be supervised by a deputy director appointed by the	1156
director of development.	1157

The division is responsible for the administration of the	1158
state economic development financing programs established pursuant	1159
to sections 122.17 and 122.18, sections 122.39 to 122.62, and	1160
Chapter 166. of the Revised Code and for coordinating the	1161
activities of the development financing advisory council so as to	1162
ensure the efficient administration of the programs.	1163

(B) The director of development shall:

1164

(1) Appoint an individual to serve as director of the	1165
development financing advisory council;	1166

(2) Receive applications for assistance pursuant to sections	1167
122.39 to 122.62 and Chapter 166. of the Revised Code. The	1168
director shall process the applications and, except as provided in	1169
division (C)(2) of section 166.05 of the Revised Code, forward	1170
them to the development financing advisory council. As	1171
appropriate, the director shall receive the recommendations of the	1172
council as to applications for assistance.	1173

(3) With the approval of the director of administrative	1174
services, establish salary schedules for employees of the various	1175
positions of employment with the division and assign the various	1176
positions to those salary schedules;	1177

(4) Furnish and pay for, out of funds appropriated to the	1178
department of development for that purpose, office space and	1179
associated utilities service, for the development financing	1180
advisory council;	1181

(5) Employ and fix the compensation of financial consultants,	1182
appraisers, consulting engineers, superintendents, managers,	1183
construction and accounting experts, attorneys, and other agents	1184
for the assistance programs authorized pursuant to sections 122.17	1185
and 122.18, sections 122.39 to 122.62, and Chapter 166. of the	1186
Revised Code as are necessary;	1187

(6) Supervise the administrative operations of the division;

1188

(7) On or before the first day of October in each year, make	1189
an annual report of the activities and operations under assistance	1190
programs authorized pursuant to sections 122.39 to 122.62 and	1191
Chapter 166. of the Revised Code for the preceding fiscal year to	1192
the governor and the general assembly. Each such report shall set	1193
forth a complete operating and financial statement covering such	1194
activities and operations during the year in accordance with	1195
generally accepted accounting principles and shall be audited by a	1196
certified public accountant. The director of development shall	1197
transmit a copy of the audited financial report to the office of	1198
budget and management.	1199

(C) The director of development, when establishing the salary	1200
schedules required under division (B)(3) of this section, shall	1201
use merit as the only basis for an employee's progression through	1202
the schedule.	1203

Sec. 122.72. (A) There is hereby created the minority	1204
development financing advisory board to assist in carrying out the	1205
programs created pursuant to sections 122.71 to 122.89 of the	1206
Revised Code.	1207

(B) The board shall consist of ten members. The director of	1208
development or the director's designee shall be a voting member on	1209
the board. Seven members shall be appointed by the governor with	1210
the advice and consent of the senate and selected because of their	1211
knowledge of and experience in industrial, business, and	1212
commercial financing, suretyship, construction, and their	1213
understanding of the problems of minority business enterprises;	1214
one member also shall be a member of the senate and appointed by	1215
the president of the senate, and one member also shall be a member	1216
of the house of representatives and appointed by the speaker of	1217
the house of representatives. With respect to the board, all of	1218
the following apply:	1219

(1) Not more than four of the members of the board appointed	1220
by the governor shall be of the same political party.	1221

(2) Each member shall hold office from the date of the	1222
member's appointment until the end of the term for which the	1223
member was appointed.	1224

(3) The terms of office for the seven members appointed by	1225
the governor shall be for seven years, commencing on the first day	1226
of October and ending on the thirtieth day of September of the	1227
seventh year, except that of the original seven members, three	1228
shall be appointed for three years and two shall be appointed for	1229
five years.	1230

(4) Any member of the board is eligible for reappointment.

1231

(5) Any member appointed to fill a vacancy occurring prior to	1232
the expiration of the term for which the member's predecessor was	1233
appointed shall hold office for the remainder of the predecessor's	1234
term.	1235

(6) Any member shall continue in office subsequent to the	1236
expiration date of the member's term until the member's successor	1237
takes office, or until a period of sixty days has elapsed,	1238
whichever occurs first.	1239

(7) Before entering upon official duties as a member of the	1240
board, each member shall take an oath as provided by Section 7 of	1241
Article XV, Ohio Constitution.	1242

(8) The governor may, at any time, remove any member	1243
appointed by the governor pursuant to section 3.04 of the Revised	1244
Code.	1245

(9) Notwithstanding section 101.26 of the Revised Code,	1246
members shall receive their necessary and actual expenses while	1247
engaged in the business of the board and shall be paid at ~~the~~a	1248
per diem rate ~~of step 1 of pay range 31~~determined under division	1249
(A) of section 124.15 of the Revised Code.	1250

(10) Six members of the board constitute a quorum and the	1251
affirmative vote of six members is necessary for any action taken	1252
by the board.	1253

(11) In the event of the absence of a member appointed by the	1254
president of the senate or by the speaker of the house of	1255
representatives, either of the following persons may serve in the	1256
member's absence:	1257

(a) The president of the senate or the speaker of the house	1258
of representatives, whoever appointed the absent member;	1259

(b) A member of the senate or of the house of representatives	1260
of the same political party as the absent member, as designated by	1261
the president of the senate or the speaker of the house of	1262
representatives, whoever appointed the absent member.	1263

(12) The board shall annually elect one of its members as	1264
chairperson and another as vice-chairperson.	1265

Sec. 124.03. (A) The state personnel board of review shall	1266
exercise the following powers and perform the following duties:	1267

(1) Hear appeals, as provided by law, of employees in the	1268
classified state service from final decisions of appointing	1269
authorities or the director of administrative services relative to	1270
reduction in pay or position, job abolishments, layoff,	1271
suspension, discharge, assignment or reassignment to a new or	1272
different position classification, or refusal of the director, or	1273
anybody authorized to perform the director's functions, to	1274
reassign an employee to another classification or to reclassify	1275
the employee's position with or without a job audit under division	1276
(D) of section 124.14 of the Revised Code. As used in this	1277
division, "discharge" includes disability separations.	1278

The state personnel board of review may affirm, disaffirm, or	1279
modify the decisions of the appointing authorities or the	1280
director, as the case may be, and its decision is final. The	1281
decisions of the state personnel board of review shall be	1282
consistent with the applicable classification specifications.	1283

The state personnel board of review shall not be deprived of	1284
jurisdiction to hear any appeal due to the failure of an	1285
appointing authority to file its decision with the board. Any	1286
final decision of an appointing authority or of the director not	1287
filed in the manner provided in this chapter shall be disaffirmed.	1288

~~The state personnel board of review may place an exempt~~	1289
~~employee, as defined in section 124.152 of the Revised Code, into~~	1290
~~a bargaining unit classification, if the state personnel board of~~	1291
~~review determines that the bargaining unit classification is the~~	1292
~~proper classification for that employee. Notwithstanding Chapter~~	1293
~~4117. of the Revised Code or instruments and contracts negotiated~~	1294
~~under it, such placements are at the discretion of the state~~	1295
~~personnel board of review.~~	1296

The mere failure of an employee's appointing authority to	1297
file a statement with the department of administrative services	1298
indicating that the employee is in the unclassified civil service,	1299
or the mere late filing of such a statement, does not prevent the	1300
state personnel board of review from determining that the employee	1301
is in the unclassified civil service. In determining whether an	1302
employee is in the unclassified civil service, the state personnel	1303
board of review shall consider the inherent nature of the duties	1304
of the employee's classification during the two-year period	1305
immediately preceding the appointing authority's appealable action	1306
relating to the employee.	1307

In any hearing before the state personnel board of review,	1308
including any hearing at which a record is taken that may be the	1309
basis of an appeal to a court, an employee may be represented by a	1310
person permitted to practice before the state personnel board of	1311
review who is not an attorney at law as long as the person does	1312
not receive any compensation from the employee for the	1313
representation.	1314

(2) Hear appeals, as provided by law, of appointing	1315
authorities from final decisions of the director relative to the	1316
classification or reclassification of any position in the	1317
classified state service under the jurisdiction of that appointing	1318
authority. The state personnel board of review may affirm,	1319
disaffirm, or modify the decisions of the director, and its	1320
decision is final. The decisions of the state personnel board of	1321
review shall be consistent with the applicable classification	1322
specifications.	1323

(3) Exercise the authority provided by section 124.40 of the	1324
Revised Code, for appointment, removal, and supervision of	1325
municipal and civil service township civil service commissions;	1326

(4) Utilize employees provided by the state employment	1327
relations board in the exercise of the powers and performance of	1328
the duties and functions of the state personnel board of review	1329
under this chapter;	1330

(5) Maintain a journal that shall be open to public	1331
inspection, in which it shall keep a record of all of its	1332
proceedings and of the vote of each of its members upon every	1333
action taken by it;	1334

(6) Adopt rules in accordance with Chapter 119. of the	1335
Revised Code relating to the procedure of the state personnel	1336
board of review in administering the laws it has the authority or	1337
duty to administer and for the purpose of invoking the	1338
jurisdiction of the state personnel board of review in hearing	1339
appeals of appointing authorities and employees in matters set	1340
forth in divisions (A)(1) and (2) of this section;	1341

(7) Subpoena and require the attendance and testimony of	1342
witnesses and the production of books, papers, public records, and	1343
other documentary evidence pertinent to any matter it has	1344
authority to investigate, inquire into, or hear in the same manner	1345
and to the same extent as provided by division (G) of section	1346
124.09 of the Revised Code. All witness fees shall be paid in the	1347
manner set forth in that division.	1348

(B) The state personnel board of review shall exist as a	1349
separate entity within the administrative structure of the state	1350
employment relations board.	1351

(C) The state personnel board of review shall be funded by	1352
general revenue fund appropriations. All moneys received by the	1353
state personnel board of review for copies of documents, rule	1354
books, and transcriptions shall be paid into the state treasury to	1355
the credit of the training, publications, and grants fund created	1356
in section 4117.24 of the Revised Code.	1357

Sec. 124.11. The civil service of the state and the several	1358
counties, cities, civil service townships, city health districts,	1359
general health districts, and city school districts of the state	1360
shall be divided into the unclassified service and the classified	1361
service.	1362

(A) The unclassified service shall comprise the following	1363
positions, which shall not be included in the classified service,	1364
and which shall be exempt from all examinations required by this	1365
chapter:	1366

(1) All officers elected by popular vote or persons appointed	1367
to fill vacancies in those offices;	1368

(2) All election officers as defined in section 3501.01 of	1369
the Revised Code;	1370

(3)(a) The members of all boards and commissions, and heads	1371
of principal departments, boards, and commissions appointed by the	1372
governor or by and with the governor's consent;	1373

(b) The heads of all departments appointed by a board of	1374
county commissioners;	1375

(c) The members of all boards and commissions and all heads	1376
of departments appointed by the mayor, or, if there is no mayor,	1377
such other similar chief appointing authority of any city or city	1378
school district;	1379

Except as otherwise provided in division (A)(17) or (C) of	1380
this section, this chapter does not exempt the chiefs of police	1381
departments and chiefs of fire departments of cities or civil	1382
service townships from the competitive classified service.	1383

(4) The members of county or district licensing boards or	1384
commissions and boards of revision, and not more than five deputy	1385
county auditors;	1386

(5) All officers and employees elected or appointed by either	1387
or both branches of the general assembly, and employees of the	1388
city legislative authority engaged in legislative duties;	1389

(6) All commissioned, warrant, and noncommissioned officers	1390
and enlisted persons in the Ohio organized militia, including	1391
military appointees in the adjutant general's department;	1392

(7)(a) All presidents, business managers, administrative	1393
officers, superintendents, assistant superintendents, principals,	1394
deans, assistant deans, instructors, teachers, and such employees	1395
as are engaged in educational or research duties connected with	1396
the public school system, colleges, and universities, as	1397
determined by the governing body of the public school system,	1398
colleges, and universities;	1399

(b) The library staff of any library in the state supported	1400
wholly or in part at public expense.	1401

(8) Four clerical and administrative support employees for	1402
each of the elective state officers, four clerical and	1403
administrative support employees for each board of county	1404
commissioners and one such employee for each county commissioner,	1405
and four clerical and administrative support employees for other	1406
elective officers and each of the principal appointive executive	1407
officers, boards, or commissions, except for civil service	1408
commissions, that are authorized to appoint such clerical and	1409
administrative support employees;	1410

(9) The deputies and assistants of state agencies authorized	1411
to act for and on behalf of the agency, or holding a fiduciary or	1412
administrative relation to that agency and those persons employed	1413
by and directly responsible to elected county officials or a	1414
county administrator and holding a fiduciary or administrative	1415
relationship to such elected county officials or county	1416
administrator, and the employees of such county officials whose	1417
fitness would be impracticable to determine by competitive	1418
examination, provided that division (A)(9) of this section shall	1419
not affect those persons in county employment in the classified	1420
service as of September 19, 1961. Nothing in division (A)(9) of	1421
this section applies to any position in a county department of job	1422
and family services created pursuant to Chapter 329. of the	1423
Revised Code.	1424

(10) Bailiffs, constables, official stenographers, and	1425
commissioners of courts of record, deputies of clerks of the	1426
courts of common pleas who supervise or who handle public moneys	1427
or secured documents, and such officers and employees of courts of	1428
record and such deputies of clerks of the courts of common pleas	1429
as the director of administrative services finds it impracticable	1430
to determine their fitness by competitive examination;	1431

(11) Assistants to the attorney general, special counsel	1432
appointed or employed by the attorney general, assistants to	1433
county prosecuting attorneys, and assistants to city directors of	1434
law;	1435

(12) Such teachers and employees in the agricultural	1436
experiment stations; such students in normal schools, colleges,	1437
and universities of the state who are employed by the state or a	1438
political subdivision of the state in student or intern	1439
classifications; and such unskilled labor positions as the	1440
director of administrative services or any municipal civil service	1441
commission may find it impracticable to include in the competitive	1442
classified service; provided such exemptions shall be by order of	1443
the commission or the director, duly entered on the record of the	1444
commission or the director with the reasons for each such	1445
exemption;	1446

(13) Any physician or dentist who is a full-time employee of	1447
the department of mental health, the department of developmental	1448
disabilities, or an institution under the jurisdiction of either	1449
department; and physicians who are in residency programs at the	1450
institutions;	1451

(14) Up to twenty positions at each institution under the	1452
jurisdiction of the department of mental health or the department	1453
of developmental disabilities that the department director	1454
determines to be primarily administrative or managerial; and up to	1455
fifteen positions in any division of either department, excluding	1456
administrative assistants to the director and division chiefs,	1457
which are within the immediate staff of a division chief and which	1458
the director determines to be primarily and distinctively	1459
administrative and managerial;	1460

(15) Noncitizens of the United States employed by the state,	1461
or its counties or cities, as physicians or nurses who are duly	1462
licensed to practice their respective professions under the laws	1463
of this state, or medical assistants, in mental or chronic disease	1464
hospitals, or institutions;	1465

(16) Employees of the governor's office;

1466

(17) Fire chiefs and chiefs of police in civil service	1467
townships appointed by boards of township trustees under section	1468
505.38 or 505.49 of the Revised Code;	1469

(18) Executive directors, deputy directors, and program	1470
directors employed by boards of alcohol, drug addiction, and	1471
mental health services under Chapter 340. of the Revised Code, and	1472
secretaries of the executive directors, deputy directors, and	1473
program directors;	1474

(19) Superintendents, and management employees as defined in	1475
section 5126.20 of the Revised Code, of county boards of	1476
developmental disabilities;	1477

(20) Physicians, nurses, and other employees of a county	1478
hospital who are appointed pursuant to sections 339.03 and 339.06	1479
of the Revised Code;	1480

(21) The executive director of the state medical board, who	1481
is appointed pursuant to division (B) of section 4731.05 of the	1482
Revised Code;	1483

(22) County directors of job and family services as provided	1484
in section 329.02 of the Revised Code and administrators appointed	1485
under section 329.021 of the Revised Code;	1486

(23) A director of economic development who is hired pursuant	1487
to division (A) of section 307.07 of the Revised Code;	1488

(24) Chiefs of construction and compliance, of operations and	1489
maintenance, of worker protection, and of licensing and	1490
certification in the division of labor in the department of	1491
commerce;	1492

(25) The executive director of a county transit system	1493
appointed under division (A) of section 306.04 of the Revised	1494
Code;	1495

(26) Up to five positions at each of the administrative	1496
departments listed in section 121.02 of the Revised Code and at	1497
the department of taxation, department of the adjutant general,	1498
department of education, Ohio board of regents, bureau of workers'	1499
compensation, industrial commission, state lottery commission, and	1500
public utilities commission of Ohio that the head of that	1501
administrative department or of that other state agency determines	1502
to be involved in policy development and implementation. The head	1503
of the administrative department or other state agency shall set	1504
the compensation for employees in these positions at a rate that	1505
is not less than the minimum compensation specified in pay range	1506
41 but not more than the maximum compensation specified in pay	1507
range 44 of salary schedule E-2 prescribed in the version of	1508
section 124.152 of the Revised Code in effect immediately prior to	1509
the effective date of this amendment. The authority to establish	1510
positions in the unclassified service under division (A)(26) of	1511
this section is in addition to and does not limit any other	1512
authority that an administrative department or state agency has	1513
under the Revised Code to establish positions, appoint employees,	1514
or set compensation.	1515

(27) Employees of the department of agriculture employed	1516
under section 901.09 of the Revised Code;	1517

(28) For cities, counties, civil service townships, city	1518
health districts, general health districts, and city school	1519
districts, the deputies and assistants of elective or principal	1520
executive officers authorized to act for and in the place of their	1521
principals or holding a fiduciary relation to their principals;	1522

(29) Employees who receive intermittent or temporary	1523
appointments under division (B) of section 124.30 of the Revised	1524
Code;	1525

(30) Employees appointed to administrative staff positions	1526
for which an appointing authority is given specific statutory	1527
authority to set compensation;	1528

(31) Employees appointed to highway patrol cadet or highway	1529
patrol cadet candidate classifications;	1530

(32) Employees placed in the unclassified service by another	1531
section of the Revised Code.	1532

(B) The classified service shall comprise all persons in the	1533
employ of the state and the several counties, cities, city health	1534
districts, general health districts, and city school districts of	1535
the state, not specifically included in the unclassified service.	1536
Upon the creation by the board of trustees of a civil service	1537
township civil service commission, the classified service shall	1538
also comprise, except as otherwise provided in division (A)(17) or	1539
(C) of this section, all persons in the employ of a civil service	1540
township police or fire department having ten or more full-time	1541
paid employees. The classified service consists of two classes,	1542
which shall be designated as the competitive class and the	1543
unskilled labor class.	1544

(1) The competitive class shall include all positions and	1545
employments in the state and the counties, cities, city health	1546
districts, general health districts, and city school districts of	1547
the state, and, upon the creation by the board of trustees of a	1548
civil service township of a township civil service commission, all	1549
positions in a civil service township police or fire department	1550
having ten or more full-time paid employees, for which it is	1551
practicable to determine the merit and fitness of applicants by	1552
competitive examinations. Appointments shall be made to, or	1553
employment shall be given in, all positions in the competitive	1554
class that are not filled by promotion, reinstatement, transfer,	1555
or reduction, as provided in this chapter, and the rules of the	1556
director of administrative services, by appointment from those	1557
certified to the appointing officer in accordance with this	1558
chapter.	1559

(2) The unskilled labor class shall include ordinary	1560
unskilled laborers. Vacancies in the labor class for positions in	1561
service of the state shall be filled by appointment from lists of	1562
applicants registered by the director. Vacancies in the labor	1563
class for all other positions shall be filled by appointment from	1564
lists of applicants registered by a commission. The director or	1565
the commission, as applicable, by rule, shall require an applicant	1566
for registration in the labor class to furnish evidence or take	1567
tests as the director or commission considers proper with respect	1568
to age, residence, physical condition, ability to labor, honesty,	1569
sobriety, industry, capacity, and experience in the work or	1570
employment for which application is made. Laborers who fulfill the	1571
requirements shall be placed on the eligible list for the kind of	1572
labor or employment sought, and preference shall be given in	1573
employment in accordance with the rating received from that	1574
evidence or in those tests. Upon the request of an appointing	1575
officer, stating the kind of labor needed, the pay and probable	1576
length of employment, and the number to be employed, the director	1577
or commission, as applicable, shall certify from the highest on	1578
the list double the number to be employed; from this number, the	1579
appointing officer shall appoint the number actually needed for	1580
the particular work. If more than one applicant receives the same	1581
rating, priority in time of application shall determine the order	1582
in which their names shall be certified for appointment.	1583

(C) A municipal or civil service township civil service	1584
commission may place volunteer firefighters who are paid on a	1585
fee-for-service basis in either the classified or the unclassified	1586
civil service.	1587

(D) This division does not apply to persons in the	1588
unclassified service who have the right to resume positions in the	1589
classified service under sections 4121.121, 5119.071, 5120.38,	1590
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	1591
Code.	1592

An appointing authority whose employees are paid directly by	1593
warrant of the director of budget and management may appoint a	1594
person who holds a certified position in the classified service	1595
within the appointing authority's agency to a position in the	1596
unclassified service within that agency. A person appointed	1597
pursuant to this division to a position in the unclassified	1598
service shall retain the right to resume the position and status	1599
held by the person in the classified service immediately prior to	1600
the person's appointment to the position in the unclassified	1601
service, regardless of the number of positions the person held in	1602
the unclassified service. An employee's right to resume a position	1603
in the classified service may only be exercised when an appointing	1604
authority demotes the employee to a pay ~~range~~ lower than the	1605
employee's current pay ~~range~~ or revokes the employee's appointment	1606
to the unclassified service. An employee forfeits the right to	1607
resume a position in the classified service when the employee is	1608
removed from the position in the unclassified service due to	1609
incompetence, inefficiency, dishonesty, drunkenness, immoral	1610
conduct, insubordination, discourteous treatment of the public,	1611
neglect of duty, violation of this chapter or the rules of the	1612
director of administrative services, any other failure of good	1613
behavior, any other acts of misfeasance, malfeasance, or	1614
nonfeasance in office, or conviction of a felony. An employee also	1615
forfeits the right to resume a position in the classified service	1616
upon transfer to a different agency.	1617

Reinstatement to a position in the classified service shall	1618
be to a position substantially equal to that position in the	1619
classified service held previously, as certified by the director	1620
of administrative services. If the position the person previously	1621
held in the classified service has been placed in the unclassified	1622
service or is otherwise unavailable, the person shall be appointed	1623
to a position in the classified service within the appointing	1624
authority's agency that the director of administrative services	1625
certifies is comparable in compensation to the position the person	1626
previously held in the classified service. Service in the position	1627
in the unclassified service shall be counted as service in the	1628
position in the classified service held by the person immediately	1629
prior to the person's appointment to the position in the	1630
unclassified service. When a person is reinstated to a position in	1631
the classified service as provided in this division, the person is	1632
entitled to all rights, status, and benefits accruing to the	1633
position in the classified service during the person's time of	1634
service in the position in the unclassified service.	1635

Sec. 124.14. (A)(1) The director of administrative services	1636
shall establish, and may modify or rescind, by rule, a job	1637
classification plan for all positions, offices, and employments	1638
the salaries of which are paid in whole or in part by the state.	1639
The director shall group jobs within a classification so that the	1640
positions are similar enough in duties and responsibilities to be	1641
described by the same title~~, to have the same pay assigned with~~	1642
~~equity,~~ and to have the same qualifications for selection applied.	1643
The director shall, by rule, assign a classification title to each	1644
classification within the classification plan. However, the	1645
director shall consider in establishing classifications, including	1646
classifications with parenthetical titles, ~~and assigning pay~~	1647
~~ranges~~ such factors as duties performed only on one shift, special	1648
skills in short supply in the labor market, recruitment problems,	1649
separation rates, ~~comparative salary rates,~~ the amount of training	1650
required, and other conditions affecting employment. The director	1651
shall describe the duties and responsibilities of the class,	1652
establish the qualifications for being employed in each position	1653
in the class, and file with the secretary of state a copy of	1654
specifications for all of the classifications. The director shall	1655
file new, additional, or revised specifications with the secretary	1656
of state before they are used.	1657

~~The director shall, by rule, assign each classification,~~	1658
~~either on a statewide basis or in particular counties or state~~	1659
~~institutions, to a pay range established under section 124.15 or~~	1660
~~section 124.152 of the Revised Code. The director may assign a~~	1661
~~classification to a pay range on a temporary basis for a period of~~	1662
~~six months. The director may establish, by rule adopted under~~	1663
~~Chapter 119. of the Revised Code, experimental classification~~	1664
~~plans for some or all employees paid directly by warrant of the~~	1665
~~director of budget and management. The rule shall include~~	1666
~~specifications for each classification within the plan and shall~~	1667
~~specifically address compensation ranges, and methods for~~	1668
~~advancing within the ranges, for the classifications, which may be~~	1669
~~assigned to pay ranges other than the pay ranges established under~~	1670
~~section 124.15 or 124.152 of the Revised Code.~~	1671

An employee whose position is included in the job	1672
classification plan established under this section shall be paid a	1673
wage or salary fixed by the employee's appointing authority. The	1674
wage or salary shall be based solely upon merit. Unless otherwise	1675
provided, if an appointing authority is authorized by the Revised	1676
Code to fix the wage or salary of a public employee without	1677
reference to this chapter or other parameters, the appointing	1678
authority shall fix the public employee's wage or salary based on	1679
merit.	1680

(2) The director of administrative services may reassign to a	1681
proper classification those positions that have been assigned to	1682
an improper classification. ~~If the compensation of an employee in~~	1683
~~such a reassigned position exceeds the maximum rate of pay for the~~	1684
~~employee's new classification, the employee shall be placed in pay~~	1685
~~step X and shall not receive an increase in compensation until the~~	1686
~~maximum rate of pay for that classification exceeds the employee's~~	1687
~~compensation.~~	1688

(3) ~~The director may reassign an exempt employee, as defined~~	1689
~~in section 124.152 of the Revised Code, to a bargaining unit~~	1690
~~classification if the director determines that the bargaining unit~~	1691
~~classification is the proper classification for that employee.~~	1692
~~Notwithstanding Chapter 4117. of the Revised Code or instruments~~	1693
~~and contracts negotiated under it, these placements are at the~~	1694
~~director's discretion.~~	1695

~~(4)~~ The director shall, by rule, assign related	1696
classifications, which form a career progression, to a	1697
classification series. The director shall, by rule, assign each	1698
classification in the classification plan a five-digit number, the	1699
first four digits of which shall denote the classification series	1700
to which the classification is assigned. When a career progression	1701
encompasses more than ten classifications, the director shall, by	1702
rule, identify the additional classifications belonging to a	1703
classification series. The additional classifications shall be	1704
part of the classification series, notwithstanding the fact that	1705
the first four digits of the number assigned to the additional	1706
classifications do not correspond to the first four digits of the	1707
numbers assigned to other classifications in the classification	1708
series.	1709

~~(5)~~(4) The director may establish, modify, or rescind a	1710
classification plan for county agencies that elect not to use the	1711
services and facilities of a county personnel department. The	1712
director shall establish any such classification plan by means of	1713
rules adopted under Chapter 119. of the Revised Code. The rules	1714
shall include a methodology for the establishment of titles unique	1715
to county agencies, the use of state classification titles and	1716
classification specifications for common positions, the criteria	1717
for a county to meet in establishing its own classification plan,	1718
and the establishment of what constitutes a classification series	1719
for county agencies. The director may assess a county agency that	1720
chooses to use the classification plan a usage fee the director	1721
determines. All usage fees the department of administrative	1722
services receives shall be paid into the state treasury to the	1723
credit of the human resources fund created in section 124.07 of	1724
the Revised Code.	1725

(B) Division (A) of this section and sections 124.15 and	1726
124.152 of the Revised Code do not apply to the following persons,	1727
positions, offices, and employments:	1728

(1) Elected officials;

1729

(2) Legislative employees, employees of the legislative	1730
service commission, employees in the office of the governor,	1731
employees who are in the unclassified civil service and who were	1732
exempt from collective bargaining coverage prior to the effective	1733
date of this amendment in the office of the secretary of state,	1734
auditor of state, treasurer of state, and attorney general, and	1735
employees of the supreme court;	1736

(3) Employees of a county children services board that	1737
establishes compensation rates under section 5153.12 of the	1738
Revised Code;	1739

(4) Any position for which the authority to determine	1740
compensation is given by law to another individual or entity;	1741

(5) Employees of the bureau of workers' compensation whose	1742
compensation the administrator of workers' compensation	1743
establishes under division (B) of section 4121.121 of the Revised	1744
Code.	1745

(C) The director may employ a consulting agency to aid and	1746
assist the director in carrying out this section.	1747

(D)(1) When the director proposes to modify a classification	1748
~~or the assignment of classes to appropriate pay ranges~~, the	1749
director shall send written notice of the proposed rule to the	1750
appointing authorities of the affected employees thirty days	1751
before a hearing on the proposed rule. The appointing authorities	1752
shall notify the affected employees regarding the proposed rule.	1753
The director also shall send those appointing authorities notice	1754
of any final rule that is adopted within ten days after adoption.	1755

(2) When the director proposes to reclassify any employee so	1756
that the employee is adversely affected, the director shall give	1757
to the employee affected and to the employee's appointing	1758
authority a written notice setting forth the proposed new	1759
classification~~, pay range, and salary~~. Upon the request of any	1760
classified employee who is not serving in a probationary period,	1761
the director shall perform a job audit to review the	1762
classification of the employee's position to determine whether the	1763
position is properly classified. The director shall give to the	1764
employee affected and to the employee's appointing authority a	1765
written notice of the director's determination whether or not to	1766
reclassify the position or to reassign the employee to another	1767
classification. An employee or appointing authority desiring a	1768
hearing shall file a written request for the hearing with the	1769
state personnel board of review within thirty days after receiving	1770
the notice. The board shall set the matter for a hearing and	1771
notify the employee and appointing authority of the time and place	1772
of the hearing. The employee, the appointing authority, or any	1773
authorized representative of the employee who wishes to submit	1774
facts for the consideration of the board shall be afforded	1775
reasonable opportunity to do so. After the hearing, the board	1776
shall consider anew the reclassification and may order the	1777
reclassification of the employee and require the director to	1778
assign the employee to such appropriate classification as the	1779
facts and evidence warrant. As provided in division (A)(1) of	1780
section 124.03 of the Revised Code, the board may determine the	1781
most appropriate classification for the position of any employee	1782
coming before the board, with or without a job audit. The board	1783
shall disallow any reclassification or reassignment classification	1784
of any employee when it finds that changes have been made in the	1785
duties and responsibilities of any particular employee for	1786
political, religious, or other unjust reasons.	1787

(E)(1) Employees of each county department of job and family	1788
services shall be paid a salary or wage established by the board	1789
of county commissioners. The provisions of section 124.18 of the	1790
Revised Code concerning the standard work week apply to employees	1791
of county departments of job and family services. A board of	1792
county commissioners may do either of the following:	1793

(a) Notwithstanding any other section of the Revised Code,	1794
supplement the sick leave, vacation leave, personal leave, and	1795
other benefits of any employee of the county department of job and	1796
family services of that county, if the employee is eligible for	1797
the supplement under a written policy providing for the	1798
supplement;	1799

(b) Notwithstanding any other section of the Revised Code,	1800
establish alternative schedules of sick leave, vacation leave,	1801
personal leave, or other benefits for employees not inconsistent	1802
with the provisions of a collective bargaining agreement covering	1803
the affected employees.	1804

(2) Division (E)(1) of this section does not apply to	1805
employees for whom the state employment relations board	1806
establishes appropriate bargaining units pursuant to section	1807
4117.06 of the Revised Code, except in either of the following	1808
situations:	1809

(a) The employees for whom the state employment relations	1810
board establishes appropriate bargaining units elect no	1811
representative in a board-conducted representation election.	1812

(b) After the state employment relations board establishes	1813
appropriate bargaining units for such employees, all employee	1814
organizations withdraw from a representation election.	1815

(F)(1) Notwithstanding any contrary provision of sections	1816
124.01 to 124.64 of the Revised Code, the board of trustees of	1817
each state university or college, as defined in section 3345.12 of	1818
the Revised Code, shall carry out all matters of governance	1819
involving the officers and employees of the university or college,	1820
including, but not limited to, the powers, duties, and functions	1821
of the department of administrative services and the director of	1822
administrative services specified in this chapter. Officers and	1823
employees of a state university or college shall have the right of	1824
appeal to the state personnel board of review as provided in this	1825
chapter.	1826

(2) Each board of trustees shall adopt rules under section	1827
111.15 of the Revised Code to carry out the matters of governance	1828
described in division (F)(1) of this section. Until the board of	1829
trustees adopts those rules, a state university or college shall	1830
continue to operate pursuant to the applicable rules adopted by	1831
the director of administrative services under this chapter.	1832

(G)(1) Each board of county commissioners may, by a	1833
resolution adopted by a majority of its members, establish a	1834
county personnel department to exercise the powers, duties, and	1835
functions specified in division (G) of this section. As used in	1836
division (G) of this section, "county personnel department" means	1837
a county personnel department established by a board of county	1838
commissioners under division (G)(1) of this section.	1839

(2)(a) Each board of county commissioners, by a resolution	1840
adopted by a majority of its members, may designate the county	1841
personnel department of the county to exercise the powers, duties,	1842
and functions specified in sections 124.01 to 124.64 and Chapter	1843
325. of the Revised Code with regard to employees in the service	1844
of the county, except for the powers and duties of the state	1845
personnel board of review, which powers and duties shall not be	1846
construed as having been modified or diminished in any manner by	1847
division (G)(2) of this section, with respect to the employees for	1848
whom the board of county commissioners is the appointing authority	1849
or co-appointing authority.	1850

(b) Nothing in division (G)(2) of this section shall be	1851
construed to limit the right of any employee who possesses the	1852
right of appeal to the state personnel board of review to continue	1853
to possess that right of appeal.	1854

(c) Any board of county commissioners that has established a	1855
county personnel department may contract with the department of	1856
administrative services, another political subdivision, or an	1857
appropriate public or private entity to provide competitive	1858
testing services or other appropriate services.	1859

(3) After the county personnel department of a county has	1860
been established as described in division (G)(2) of this section,	1861
any elected official, board, agency, or other appointing authority	1862
of that county, upon written notification to the county personnel	1863
department, may elect to use the services and facilities of the	1864
county personnel department. Upon receipt of the notification by	1865
the county personnel department, the county personnel department	1866
shall exercise the powers, duties, and functions as described in	1867
division (G)(2) of this section with respect to the employees of	1868
that elected official, board, agency, or other appointing	1869
authority.	1870

(4) Each board of county commissioners, by a resolution	1871
adopted by a majority of its members, may disband the county	1872
personnel department.	1873

(5) Any elected official, board, agency, or appointing	1874
authority of a county may end its involvement with a county	1875
personnel department upon actual receipt by the department of a	1876
certified copy of the notification that contains the decision to	1877
no longer participate.	1878

(6) The director of administrative services may, by rule	1879
adopted in accordance with Chapter 119. of the Revised Code,	1880
prescribe criteria and procedures for the following:	1881

(a) A requirement that each county personnel department, in	1882
carrying out its duties, adhere to merit system principles with	1883
regard to employees of county departments of job and family	1884
services, child support enforcement agencies, and public child	1885
welfare agencies so that there is no threatened loss of federal	1886
funding for these agencies, and a requirement that the county be	1887
financially liable to the state for any loss of federal funds due	1888
to the action or inaction of the county personnel department. The	1889
costs associated with audits conducted to monitor compliance with	1890
division (G)(6)(a) of this section shall be reimbursed to the	1891
department of administrative services as determined by the	1892
director. All money the department receives for these audits shall	1893
be paid into the state treasury to the credit of the human	1894
resources fund created in section 124.07 of the Revised Code.	1895

(b) Authorization for the director of administrative services	1896
to conduct periodic audits and reviews of county personnel	1897
departments to guarantee the uniform application of the powers,	1898
duties, and functions exercised pursuant to division (G)(2)(a) of	1899
this section. The costs of the audits and reviews shall be	1900
reimbursed to the department of administrative services as	1901
determined by the director by the county for which the services	1902
are performed. All money the department receives shall be paid	1903
into the state treasury to the credit of the human resources fund	1904
created in section 124.07 of the Revised Code.	1905

(H) The director of administrative services shall establish	1906
the rate and method of compensation, based upon merit, for all	1907
employees who are paid directly by warrant of the director of	1908
budget and management and who are serving in positions that the	1909
director of administrative services has determined impracticable	1910
to include in the state job classification plan. This division	1911
does not apply to elected officials, legislative employees,	1912
employees of the legislative service commission, employees who are	1913
in the unclassified civil service and who were exempt from	1914
collective bargaining coverage prior to the effective date of this	1915
amendment in the office of the secretary of state, auditor of	1916
state, treasurer of state, and attorney general, employees of the	1917
courts, employees of the bureau of workers' compensation whose	1918
compensation the administrator of workers' compensation	1919
establishes under division (B) of section 4121.121 of the Revised	1920
Code, or employees of an appointing authority authorized by law to	1921
fix the compensation of those employees.	1922

(I) The director shall set the rate of compensation for all	1923
~~intermittent,~~ seasonal~~, temporary, emergency,~~ and casual employees	1924
in the service of the state ~~who are not considered public~~	1925
~~employees under section 4117.01 of the Revised Code~~. Those	1926
employees are not entitled to receive employee benefits. This rate	1927
of compensation shall be equitable in terms of the rate of	1928
employees serving in the same or similar classifications and shall	1929
be based upon merit. This division does not apply to elected	1930
officials, legislative employees, employees of the legislative	1931
service commission, employees who are in the unclassified civil	1932
service and who were exempt from collective bargaining coverage	1933
prior to the effective date of this amendment in the office of the	1934
secretary of state, auditor of state, treasurer of state, and	1935
attorney general, employees of the courts, employees of the bureau	1936
of workers' compensation whose compensation the administrator	1937
establishes under division (B) of section 4121.121 of the Revised	1938
Code, or employees of an appointing authority authorized by law to	1939
fix the compensation of those employees.	1940

Sec. 124.15. (A) Board and commission members ~~appointed~~	1941
~~prior to July 1, 1991,~~ shall be paid a salary or wage in	1942
~~accordance with the following schedules of rates:~~	1943

~~Schedule B~~	1944

~~Pay Ranges and Step Values~~	1945

~~Range~~		~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~	1946
23	~~Hourly~~	~~5.72~~	~~5.91~~	~~6.10~~	~~6.31~~	1947
	~~Annually~~	~~11897.60~~	~~12292.80~~	~~12688.00~~	~~13124.80~~	1948
~~Step 5~~	~~Step 6~~				1949
	~~Hourly~~	~~6.52~~	~~6.75~~			1950
	~~Annually~~	~~13561.60~~	~~14040.00~~			1951
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1952
24	~~Hourly~~	~~6.00~~	~~6.20~~	~~6.41~~	~~6.63~~	1953
	~~Annually~~	~~12480.00~~	~~12896.00~~	~~13332.80~~	~~13790.40~~	1954
~~Step 5~~	~~Step 6~~				1955
	~~Hourly~~	~~6.87~~	~~7.10~~			1956
	~~Annually~~	~~14289.60~~	~~14768.00~~			1957
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1958
25	~~Hourly~~	~~6.31~~	~~6.52~~	~~6.75~~	~~6.99~~	1959
	~~Annually~~	~~13124.80~~	~~13561.60~~	~~14040.00~~	~~14539.20~~	1960
~~Step 5~~	~~Step 6~~				1961
	~~Hourly~~	~~7.23~~	~~7.41~~			1962
	~~Annually~~	~~15038.40~~	~~15412.80~~			1963
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1964
26	~~Hourly~~	~~6.63~~	~~6.87~~	~~7.10~~	~~7.32~~	1965
	~~Annually~~	~~13790.40~~	~~14289.60~~	~~14768.00~~	~~15225.60~~	1966
~~Step 5~~	~~Step 6~~				1967
	~~Hourly~~	~~7.53~~	~~7.77~~			1968
	~~Annually~~	~~15662.40~~	~~16161.60~~			1969
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1970
27	~~Hourly~~	~~6.99~~	~~7.23~~	~~7.41~~	~~7.64~~	1971
	~~Annually~~	~~14534.20~~	~~15038.40~~	~~15412.80~~	~~15891.20~~	1972
~~Step 5~~	~~Step 6~~	~~Step 7~~			1973
	~~Hourly~~	~~7.88~~	~~8.15~~	~~8.46~~		1974
	~~Annually~~	~~16390.40~~	~~16952.00~~	~~17596.80~~		1975
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1976
28	~~Hourly~~	~~7.41~~	~~7.64~~	~~7.88~~	~~8.15~~	1977
	~~Annually~~	~~15412.80~~	~~15891.20~~	~~16390.40~~	~~16952.00~~	1978
~~Step 5~~	~~Step 6~~	~~Step 7~~			1979
	~~Hourly~~	~~8.46~~	~~8.79~~	~~9.15~~		1980
	~~Annually~~	~~17596.80~~	~~18283.20~~	~~19032.00~~		1981
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1982
29	~~Hourly~~	~~7.88~~	~~8.15~~	~~8.46~~	~~8.79~~	1983
	~~Annually~~	~~16390.40~~	~~16952.00~~	~~17596.80~~	~~18283.20~~	1984
~~Step 5~~	~~Step 6~~	~~Step 7~~			1985
	~~Hourly~~	~~9.15~~	~~9.58~~	~~10.01~~		1986
	~~Annually~~	~~19032.00~~	~~19926.40~~	~~20820.80~~		1987
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1988
30	~~Hourly~~	~~8.46~~	~~8.79~~	~~9.15~~	~~9.58~~	1989
	~~Annually~~	~~17596.80~~	~~18283.20~~	~~19032.00~~	~~19926.40~~	1990
~~Step 5~~	~~Step 6~~	~~Step 7~~			1991
	~~Hourly~~	~~10.01~~	~~10.46~~	~~10.99~~		1992
	~~Annually~~	~~20820.80~~	~~21756.80~~	~~22859.20~~		1993
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		1994
31	~~Hourly~~	~~9.15~~	~~9.58~~	~~10.01~~	~~10.46~~	1995
	~~Annually~~	~~19032.00~~	~~19962.40~~	~~20820.80~~	~~21756.80~~	1996
~~Step 5~~	~~Step 6~~	~~Step 7~~			1997
	~~Hourly~~	~~10.99~~	~~11.52~~	~~12.09~~		1998
	~~Annually~~	~~22859.20~~	~~23961.60~~	~~25147.20~~		1999
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2000
32	~~Hourly~~	~~10.01~~	~~10.46~~	~~10.99~~	~~11.52~~	2001
	~~Annually~~	~~20820.80~~	~~21756.80~~	~~22859.20~~	~~23961.60~~	2002
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2003
	~~Hourly~~	~~12.09~~	~~12.68~~	~~13.29~~	~~13.94~~	2004
	~~Annually~~	~~25147.20~~	~~26374.40~~	~~27643.20~~	~~28995.20~~	2005
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2006
33	~~Hourly~~	~~10.99~~	~~11.52~~	~~12.09~~	~~12.68~~	2007
	~~Annually~~	~~22859.20~~	~~23961.60~~	~~25147.20~~	~~26374.40~~	2008
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2009
	~~Hourly~~	~~13.29~~	~~13.94~~	~~14.63~~	~~15.35~~	2010
	~~Annually~~	~~27643.20~~	~~28995.20~~	~~30430.40~~	~~31928.00~~	2011
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2012
34	~~Hourly~~	~~12.09~~	~~12.68~~	~~13.29~~	~~13.94~~	2013
	~~Annually~~	~~25147.20~~	~~26374.40~~	~~27643.20~~	~~28995.20~~	2014
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2015
	~~Hourly~~	~~14.63~~	~~15.35~~	~~16.11~~	~~16.91~~	2016
	~~Annually~~	~~30430.40~~	~~31928.00~~	~~33508.80~~	~~35172.80~~	2017
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2018
35	~~Hourly~~	~~13.29~~	~~13.94~~	~~14.63~~	~~15.35~~	2019
	~~Annually~~	~~27643.20~~	~~28995.20~~	~~30430.40~~	~~31928.00~~	2020
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2021
	~~Hourly~~	~~16.11~~	~~16.91~~	~~17.73~~	~~18.62~~	2022
	~~Annually~~	~~33508.80~~	~~35172.80~~	~~36878.40~~	~~38729.60~~	2023
~~Step 1~~	~~Step 2~~	~~Step 3~~	~~Step 4~~		2024
36	~~Hourly~~	~~14.63~~	~~15.35~~	~~16.11~~	~~16.91~~	2025
	~~Annually~~	~~30430.40~~	~~31928.00~~	~~33508.80~~	~~35172.80~~	2026
~~Step 5~~	~~Step 6~~	~~Step 7~~	~~Step 8~~		2027
	~~Hourly~~	~~17.73~~	~~18.62~~	~~19.54~~	~~20.51~~	2028
	~~Annually~~	~~36878.40~~	~~38729.60~~	~~40643.20~~	~~42660.80~~	2029

~~Schedule C~~	2030

~~Pay Range and Values~~	2031

~~Range~~		~~Minimum~~	~~Maximum~~	2032
~~41 Hourly~~		~~10.44~~	~~15.72~~	2033
	~~Annually~~	~~21715.20~~	~~32697.60~~	2034
~~42 Hourly~~		~~11.51~~	~~17.35~~	2035
	~~Annually~~	~~23940.80~~	~~36088.00~~	2036
~~43 Hourly~~		~~12.68~~	~~19.12~~	2037
	~~Annually~~	~~26374.40~~	~~39769.60~~	2038
~~44 Hourly~~		~~13.99~~	~~20.87~~	2039
	~~Annually~~	~~29099.20~~	~~43409.60~~	2040
~~45 Hourly~~		~~15.44~~	~~22.80~~	2041
	~~Annually~~	~~32115.20~~	~~47424.00~~	2042
~~46 Hourly~~		~~17.01~~	~~24.90~~	2043
	~~Annually~~	~~35380.80~~	~~51792.00~~	2044
~~47 Hourly~~		~~18.75~~	~~27.18~~	2045
	~~Annually~~	~~39000.00~~	~~56534.40~~	2046
~~48 Hourly~~		~~20.67~~	~~29.69~~	2047
	~~Annually~~	~~42993.60~~	~~61755.20~~	2048
~~49 Hourly~~		~~22.80~~	~~32.06~~	2049
	~~Annually~~	~~47424.00~~	~~66684.80~~	2050

based upon merit. Unless compensation for members of a board or	2051
commission is otherwise specifically provided by law, the director	2052
of administrative services shall establish the rate and method of	2053
payment for members of boards and commissions.	2054

(B) The pay schedule of all employees shall be on a biweekly	2055
basis, with amounts computed on an hourly basis.	2056

(C) Part-time employees shall be compensated on an hourly	2057
basis for time worked~~, at the rates shown in~~as required by	2058
division (A) of this section or inby section 124.152 of the	2059
Revised Code.	2060

(D) The salary and wage rates indetermined under division	2061
(A) of this section or in section 124.152 of the Revised Code	2062
~~represent~~are base rates of compensation and may be augmented by	2063
the provisions of section 124.181 of the Revised Code. In those	2064
cases where lodging, meals, laundry, or other personal services	2065
are furnished an employee in the service of the state, the actual	2066
costs or fair market value of the personal services shall be paid	2067
by the employee in such amounts and manner as determined by the	2068
director of administrative services and approved by the director	2069
of budget and management, and those personal services shall not be	2070
considered as a part of the employee's compensation. An appointing	2071
authority that appoints employees in the service of the state,	2072
with the approval of the director of administrative services and	2073
the director of budget and management, may establish payments to	2074
employees for uniforms, tools, equipment, and other requirements	2075
of the department and payments for the maintenance of them.	2076

~~The director of administrative services may review collective~~	2077
~~bargaining agreements entered into under Chapter 4117. of the~~	2078
~~Revised Code that cover employees in the service of the state and~~	2079
~~determine whether certain benefits or payments provided to the~~	2080
~~employees covered by those agreements should also be provided to~~	2081
~~employees in the service of the state who are exempt from~~	2082
~~collective bargaining coverage and are paid in accordance with~~	2083
~~section 124.152 of the Revised Code or are listed in division~~	2084
~~(B)(2) or (4) of section 124.14 of the Revised Code. On completing~~	2085
~~the review, the director of administrative services, with the~~	2086
~~approval of the director of budget and management, may provide to~~	2087
~~some or all of these employees any payment or benefit, except for~~	2088
~~salary, contained in such a collective bargaining agreement even~~	2089
~~if it is similar to a payment or benefit already provided by law~~	2090
~~to some or all of these employees. Any payment or benefit so~~	2091
~~provided shall not exceed the highest level for that payment or~~	2092
~~benefit specified in such a collective bargaining agreement. The~~	2093
~~director of administrative services shall not provide, and the~~	2094
~~director of budget and management shall not approve, any payment~~	2095
~~or benefit to such an employee under this division unless the~~	2096
~~payment or benefit is provided pursuant to a collective bargaining~~	2097
~~agreement to a state employee who is in a position with similar~~	2098
~~duties as, is supervised by, or is employed by the same appointing~~	2099
~~authority as, the employee to whom the benefit or payment is to be~~	2100
~~provided.~~	2101

~~As used in this division, "payment or benefit already~~	2102
~~provided by law" includes, but is not limited to, bereavement,~~	2103
~~personal, vacation, administrative, and sick leave, disability~~	2104
~~benefits, holiday pay, and pay supplements provided under the~~	2105
~~Revised Code, but does not include wages or salary.~~	2106

(E) ~~New employees paid in accordance with schedule B of~~	2107
~~division (A) of this section or schedule E-1 of section 124.152 of~~	2108
~~the Revised Code shall be employed at the minimum rate established~~	2109
~~for the range unless otherwise provided. Employees with~~	2110
~~qualifications that are beyond the minimum normally required for~~	2111
~~the position and that are determined by the director to be~~	2112
~~exceptional may be employed in, or may be transferred or promoted~~	2113
~~to, a position at an advanced step of the range. Further, in time~~	2114
~~of a serious labor market condition when it is relatively~~	2115
~~impossible to recruit employees at the minimum rate for a~~	2116
~~particular classification, the entrance rate may be set at an~~	2117
~~advanced step in the range by the director of administrative~~	2118
~~services. This rate may be limited to geographical regions of the~~	2119
~~state. Appointments made to an advanced step under the provision~~	2120
~~regarding exceptional qualifications shall not affect the step~~	2121
~~assignment of employees already serving. However, anytime the~~	2122
~~hiring rate of an entire classification is advanced to a higher~~	2123
~~step, all incumbents of that classification being paid at a step~~	2124
~~lower than that being used for hiring, shall be advanced beginning~~	2125
~~at the start of the first pay period thereafter to the new hiring~~	2126
~~rate, and any time accrued at the lower step will be used to~~	2127
~~calculate advancement to a succeeding step. If the hiring rate of~~	2128
~~a classification is increased for only a geographical region of~~	2129
~~the state, only incumbents who work in that geographical region~~	2130
~~shall be advanced to a higher step. When an employee in the~~	2131
~~unclassified service changes from one state position to another or~~	2132
~~is appointed to a position in the classified service, or if an~~	2133
~~employee in the classified service is appointed to a position in~~	2134
~~the unclassified service, the employee's salary or wage in the new~~	2135
~~position shall be determined in the same manner as if the employee~~	2136
~~were an employee in the classified service. When an employee in~~	2137
~~the unclassified service who is not eligible for step increases is~~	2138
~~appointed to a classification in the classified service under~~	2139
~~which step increases are provided, future step increases shall be~~	2140
~~based on the date on which the employee last received a pay~~	2141
~~increase. If the employee has not received an increase during the~~	2142
~~previous year, the date of the appointment to the classified~~	2143
~~service shall be used to determine the employee's annual step~~	2144
~~advancement eligibility date. In reassigning any employee to a~~	2145
~~classification resulting in a pay range increase or to a new pay~~	2146
~~range as a result of a promotion, an increase pay range~~	2147
~~adjustment, or other classification change resulting in a pay~~	2148
~~range increase, the director shall assign such employee to the~~	2149
~~step in the new pay range that will provide an increase of~~	2150
~~approximately four per cent if the new pay range can accommodate~~	2151
~~the increase. When an employee is being assigned to a~~	2152
~~classification or new pay range as the result of a class plan~~	2153
~~change, if the employee has completed a probationary period, the~~	2154
~~employee shall be placed in a step no lower than step two of the~~	2155
~~new pay range. If the employee has not completed a probationary~~	2156
~~period, the employee may be placed in step one of the new pay~~	2157
~~range. Such new salary or wage shall become effective on such date~~	2158
~~as the director determines.~~	2159

~~(F) If employment conditions and the urgency of the work~~	2160
~~require such action, the director of administrative services may,~~	2161
~~upon the application of a department head, authorize payment at~~	2162
~~any rate established within the range for the class of work, for~~	2163
~~work of a casual or intermittent nature or on a project basis.~~	2164
~~Payment at such rates shall not be made to the same individual for~~	2165
~~more than three calendar months in any one calendar year. Any such~~	2166
~~action shall be subject to the approval of the director of budget~~	2167
~~and management as to the availability of funds. This section and~~	2168
~~sections 124.14 and 124.152 of the Revised Code do not repeal any~~	2169
~~authority of any department or public official to contract with or~~	2170
~~fix the compensation of professional persons who may be employed~~	2171
~~temporarily for work of a casual nature or for work on a project~~	2172
~~basis.~~	2173

~~(G)(1) Except as provided in divisions (G)(2) and (3) of this~~	2174
~~section, each state employee paid in accordance with schedule B of~~	2175
~~this section or schedule E-1 of section 124.152 of the Revised~~	2176
~~Code shall be eligible for advancement to succeeding steps in the~~	2177
~~range for the employee's class or grade according to the schedule~~	2178
~~established in this division. Beginning on the first day of the~~	2179
~~pay period within which the employee completes the prescribed~~	2180
~~probationary period in the employee's classification with the~~	2181
~~state, each employee shall receive an automatic salary adjustment~~	2182
~~equivalent to the next higher step within the pay range for the~~	2183
~~employee's class or grade.~~	2184

~~Except as provided in divisions (G)(2) and (3) of this~~	2185
~~section, each employee paid in accordance with schedule E-1 of~~	2186
~~section 124.152 of the Revised Code shall be eligible to advance~~	2187
~~to the next higher step until the employee reaches the top step in~~	2188
~~the range for the employee's class or grade, if the employee has~~	2189
~~maintained satisfactory performance in accordance with criteria~~	2190
~~established by the employee's appointing authority. Those step~~	2191
~~advancements shall not occur more frequently than once in any~~	2192
~~twelve-month period.~~	2193

~~When an employee is promoted, the step entry date shall be~~	2194
~~set to account for a probationary period. When an employee is~~	2195
~~reassigned to a higher pay range, the step entry date shall be set~~	2196
~~to allow an employee who is not at the highest step of the range~~	2197
~~to receive a step advancement one year from the reassignment date.~~	2198
~~Step advancement shall not be affected by demotion. A promoted~~	2199
~~employee shall advance to the next higher step of the pay range on~~	2200
~~the first day of the pay period in which the required probationary~~	2201
~~period is completed. Step advancement shall become effective at~~	2202
~~the beginning of the pay period within which the employee attains~~	2203
~~the necessary length of service. Time spent on authorized leave of~~	2204
~~absence shall be counted for this purpose.~~	2205

~~If determined to be in the best interest of the state~~	2206
~~service, the director of administrative services may, either~~	2207
~~statewide or in selected agencies, adjust the dates on which~~	2208
~~annual step advancements are received by employees paid in~~	2209
~~accordance with schedule E-1 of section 124.152 of the Revised~~	2210
~~Code.~~	2211

~~(2)(a) There shall be a moratorium on annual step~~	2212
~~advancements under division (G)(1) of this section beginning June~~	2213
~~21, 2009, through June 20, 2011. Step advancements shall resume~~	2214
~~with the pay period beginning June 21, 2011. Upon the resumption~~	2215
~~of step advancements, there shall be no retroactive step~~	2216
~~advancements for the period the moratorium was in effect. The~~	2217
~~moratorium shall not affect an employee's performance evaluation~~	2218
~~schedule.~~	2219

~~An employee who begins a probationary period before June 21,~~	2220
~~2009, shall advance to the next step in the employee's pay range~~	2221
~~at the end of probation, and then become subject to the~~	2222
~~moratorium. An employee who is hired, promoted, or reassigned to a~~	2223
~~higher pay range between June 21, 2009, through June 20, 2011,~~	2224
~~shall not advance to the next step in the employee's pay range~~	2225
~~until the next anniversary of the employee's date of hire,~~	2226
~~promotion, or reassignment that occurs on or after June 21, 2011.~~	2227

~~(b) The moratorium under division (G)(2)(a) of this section~~	2228
~~shall apply to the employees of the secretary of state, the~~	2229
~~auditor of state, the treasurer of state, and the attorney~~	2230
~~general, who are subject to this section unless the secretary of~~	2231
~~state, the auditor of state, the treasurer of state, or the~~	2232
~~attorney general decides to exempt the office's employees from the~~	2233
~~moratorium and so notifies the director of administrative services~~	2234
~~in writing on or before July 1, 2009.~~	2235

~~(3) Employees in intermittent positions shall be employed at~~	2236
~~the minimum rate established for the pay range for their~~	2237
~~classification and are not eligible for step advancements.~~	2238

~~(H) Employees in appointive managerial or professional~~	2239
~~positions paid in accordance with schedule C of this section or~~	2240
~~schedule E-2 of section 124.152 of the Revised Code may be~~	2241
~~appointed at any rate within the appropriate pay range. This rate~~	2242
~~of pay may be adjusted higher or lower within the respective pay~~	2243
~~range at any time the appointing authority so desires as long as~~	2244
~~the adjustment is based on the employee's ability to successfully~~	2245
~~administer those duties assigned to the employee. Salary~~	2246
~~adjustments shall not be made more frequently than once in any~~	2247
~~six-month period under this provision to incumbents holding the~~	2248
~~same position and classification.~~	2249

~~(I)~~ When an employee is assigned to duty outside this state,	2250
the employee may be compensated, upon request of the department	2251
head and with the approval of the director of administrative	2252
services, at a rate not to exceed fifty per cent in excess of the	2253
employee's current base rate for the period of time spent on that	2254
duty.	2255

~~(J) Unless compensation for members of a board or commission~~	2256
~~is otherwise specifically provided by law, the director of~~	2257
~~administrative services shall establish the rate and method of~~	2258
~~payment for members of boards and commissions pursuant to the pay~~	2259
~~schedules listed in section 124.152 of the Revised Code.~~	2260

~~(K)~~(F) Regular full-time employees in positions assigned to	2261
classes within the instruction and education administration ~~series~~	2262
~~under the rules of the director of administrative services~~, except	2263
certificated employees on the instructional staff of the state	2264
school for the blind or the state school for the deaf, whose	2265
positions are scheduled to work on the basis of an academic year	2266
rather than a full calendar year, shall be paid according to ~~the~~	2267
~~pay range assigned by such rules but only during those pay periods~~	2268
~~included in the academic year of the school where the employee is~~	2269
~~located~~merit.	2270

(1) Part-time or substitute teachers or those whose period of	2271
employment is other than the full academic year shall be	2272
compensated for the actual time worked at the rate established by	2273
this section.	2274

(2) Employees governed by this division are exempt from	2275
sections 124.13 and 124.19 of the Revised Code.	2276

~~(3) Length of service for the purpose of determining~~	2277
~~eligibility for step advancements as provided by division (G) of~~	2278
~~this section and for the purpose of determining eligibility for~~	2279
~~longevity pay supplements as provided by division (E) of section~~	2280
~~124.181 of the Revised Code shall be computed on the basis of one~~	2281
~~full year of service for the completion of each academic year.~~	2282

~~(L)~~(G) The superintendent of the state school for the deaf	2283
and the superintendent of the state school for the blind shall,	2284
subject to the approval of the superintendent of public	2285
instruction, ~~carry out both of the following:~~	2286

~~(1) Annually, between the first day of April and the last day~~	2287
~~of June, establish for the ensuing fiscal year a schedule of~~	2288
~~hourly rates for the compensation of each certificated employee on~~	2289
~~the instructional staff of that superintendent's respective school~~	2290
~~constructed as follows:~~	2291

~~(a) Determine for each level of training, experience, and~~	2292
~~other professional qualification for which an hourly rate is set~~	2293
~~forth in the current schedule, the per cent that rate is of the~~	2294
~~rate set forth in such schedule for a teacher with a bachelor's~~	2295
~~degree and no experience. If there is more than one such rate for~~	2296
~~such a teacher, the lowest rate shall be used to make the~~	2297
~~computation.~~	2298

~~(b) Determine which six city, local, and exempted village~~	2299
~~school districts with territory in Franklin county have in effect~~	2300
~~on, or have adopted by, the first day of April for the school year~~	2301
~~that begins on the ensuing first day of July, teacher salary~~	2302
~~schedules with the highest minimum salaries for a teacher with a~~	2303
~~bachelor's degree and no experience;~~	2304

~~(c) Divide the sum of such six highest minimum salaries by~~	2305
~~ten thousand five hundred sixty;~~	2306

~~(d) Multiply each per cent determined in division (L)(1)(a)~~	2307
~~of this section by the quotient obtained in division (L)(1)(c) of~~	2308
~~this section;~~	2309

~~(e) One hundred five per cent of each product thus obtained~~	2310
~~shall be the hourly rate for the corresponding level of training,~~	2311
~~experience, or other professional qualification in the schedule~~	2312
~~for the ensuing fiscal year.~~	2313

~~(2) Annually,~~annually assign each certificated employee on	2314
the instructional staff of the superintendent's respective school	2315
to an hourly rate ~~on the schedule~~ that is commensurate with the	2316
employee's training, experience, and other professional	2317
qualifications.	2318

If an employee is employed on the basis of an academic year,	2319
the employee's annual salary shall be calculated by multiplying	2320
the employee's assigned hourly rate times one thousand seven	2321
hundred sixty. If an employee is not employed on the basis of an	2322
academic year, the employee's annual salary shall be calculated in	2323
accordance with the following formula:	2324

~~(a)~~(1) Multiply the number of days the employee is required	2325
to work pursuant to the employee's contract by eight;	2326

~~(b)~~(2) Multiply the product of division ~~(L)(2)(a)~~(G)(1) of	2327
this section by the employee's assigned hourly rate.	2328

Each employee shall be paid an annual salary in biweekly	2329
installments. The amount of each installment shall be calculated	2330
by dividing the employee's annual salary by the number of biweekly	2331
installments to be paid during the year.	2332

Sections 124.13 and 124.19 of the Revised Code do not apply	2333
to an employee who is paid under this division.	2334

As used in this division, "academic year" means the number of	2335
days in each school year that the schools are required to be open	2336
for instruction with pupils in attendance. Upon completing an	2337
academic year, an employee paid under this division shall be	2338
deemed to have completed one year of service. An employee paid	2339
under this division is eligible to receive a pay supplement under	2340
division ~~(L)~~(J)(1), (2), or (3) of section 124.181 of the Revised	2341
Code for which the employee qualifies, but is not eligible to	2342
receive a pay supplement under division ~~(L)~~(J)(4) or (5) of that	2343
section. An employee paid under this division is eligible to	2344
receive a pay supplement under division ~~(L)~~(J)(6) of section	2345
124.181 of the Revised Code for which the employee qualifies,	2346
except that the supplement is not limited to a maximum of five per	2347
cent of the employee's regular base salary in a calendar year.	2348

~~(M)~~(H) Division (A) of this section does not apply to "exempt	2349
employees," as defined in section 124.152 of the Revised Code, who	2350
are paid under that section.	2351

~~Notwithstanding any other provisions of this chapter, when an~~	2352
~~employee transfers between bargaining units or transfers out of or~~	2353
~~into a bargaining unit, the director of administrative services~~	2354
~~shall establish the employee's compensation and adjust the maximum~~	2355
~~leave accrual schedule as the director deems equitable.~~	2356

Sec. 124.151. (A) As used in this section, "compensation"	2357
includes, but is not limited to, wages and salary, travel	2358
allowances paid pursuant to section 101.27 of the Revised Code,	2359
and benefits paid pursuant to sections 124.13, 124.19, 124.381,	2360
124.382, 124.383, 124.384, 124.385, and 124.386 of the Revised	2361
Code.	2362

(B)~~(1)~~ The compensation of any employee who is paid by	2363
warrant of the director of budget and management shall be paid by	2364
direct deposit. Each such employee shall provide to the appointing	2365
authority a written authorization for payment by direct deposit.	2366
The authorization shall include the designation of a financial	2367
institution equipped to accept direct deposits and the number of	2368
the account into which the deposit is to be made. The	2369
authorization shall remain in effect until withdrawn in writing by	2370
the employee or until dishonored by the financial institution. The	2371
director of administrative services shall provide by rule adopted	2372
under Chapter 119. of the Revised Code for the direct deposit in a	2373
financial institution of the compensation of an employee who fails	2374
to provide to the appointing authority a written authorization for	2375
payment by direct deposit.	2376

~~(2) Division (B)(1) of this section does not apply to an~~	2377
~~employee who was appointed to the employee's current position~~	2378
~~before June 5, 2002, who is a public employee as defined in~~	2379
~~section 4117.01 of the Revised Code, and whose applicable~~	2380
~~collective bargaining agreement does not require the employee to~~	2381
~~be paid by direct deposit.~~	2382

Sec. 124.152. (A)~~(1) Except as provided in divisions (A)(2)~~	2383
~~and (3) of this section, each~~Each exempt employee shall be paid a	2384
salary or wage ~~in accordance with schedule E-1 or schedule E-2 of~~	2385
~~division (B) of this section.~~	2386

~~(2) Each exempt employee who holds a position in the~~	2387
~~unclassified civil service pursuant to division (A)(26) or (30) of~~	2388
~~section 124.11 of the Revised Code may be paid a salary or wage in~~	2389
~~accordance with schedule E-1, schedule E-1 for step seven only, or~~	2390
~~schedule E-2 of division (B) or (C) of this section, as~~	2391
~~applicable.~~	2392

~~(3)(a) Except as provided in division (A)(3)(b) of this~~	2393
~~section, each exempt employee who was paid a salary or wage at~~	2394
~~step 7 in the employee's pay range on June 28, 2003, in accordance~~	2395
~~with the applicable schedule E-1 of former section 124.152 of the~~	2396
~~Revised Code and who continued to be so paid on June 29, 2003,~~	2397
~~shall be paid a salary or wage in the corresponding pay range in~~	2398
~~schedule E-1 for step seven only of division (C) of this section~~	2399
~~for as long as the employee remains in the position the employee~~	2400
~~held as of July 1, 2003.~~	2401

~~(b) Except as provided in division (A)(3)(c) of this section,~~	2402
~~if an exempt employee who is being paid a salary or wage in~~	2403
~~accordance with schedule E-1 for step seven only of division (C)~~	2404
~~of this section moves to another position, the employee shall not~~	2405
~~receive a salary or wage for that position or any other position~~	2406
~~in the future in accordance with that schedule.~~	2407

~~(c) If an exempt employee who is being paid a salary or wage~~	2408
~~in accordance with schedule E-1 for step seven only of division~~	2409
~~(C) of this section moves to another position assigned to pay~~	2410
~~range 12 or above, the appointing authority may assign the~~	2411
~~employee to be paid a salary or wage in the appropriate pay range~~	2412
~~for that position in accordance with the schedule E-1 for step~~	2413
~~seven only of division (C) of this section, provided that the~~	2414
~~appointing authority so notifies the director of administrative~~	2415
~~services in writing at the time the employee is appointed to that~~	2416
~~position.~~	2417

~~(B) Beginning on the first day of the pay period that~~	2418
~~includes July 1, 2008, each exempt employee who must be paid in~~	2419
~~accordance with schedule E-1 or schedule E-2 of this section shall~~	2420
~~be paid a salary or wage in accordance with the following schedule~~	2421
~~of rates:~~	2422

~~Schedule E-1~~	2423

~~Pay Ranges and Step Values~~	2424

		~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	2425
	~~Range~~	1	2	3	4	5	6	2426
1	~~Hourly~~	~~10.07~~	~~10.52~~	~~10.97~~	~~11.44~~			2427
	~~Annually~~	~~20946~~	~~21882~~	~~22818~~	~~23795~~			2428
2	~~Hourly~~	~~12.21~~	~~12.73~~	~~13.28~~	~~13.86~~			2429
	~~Annually~~	~~25397~~	~~26478~~	~~27622~~	~~28829~~			2430
3	~~Hourly~~	~~12.79~~	~~13.37~~	~~13.96~~	~~14.57~~			2431
	~~Annually~~	~~26603~~	~~27810~~	~~29037~~	~~30306~~			2432
4	~~Hourly~~	~~13.43~~	~~14.03~~	~~14.70~~	~~15.36~~			2433
	~~Annually~~	~~27934~~	~~29182~~	~~30576~~	~~31949~~			2434
5	~~Hourly~~	~~14.09~~	~~14.73~~	~~15.36~~	~~16.03~~			2435
	~~Annually~~	~~29307~~	~~30638~~	~~31949~~	~~33342~~			2436
6	~~Hourly~~	~~14.85~~	~~15.46~~	~~16.15~~	~~16.81~~			2437
	~~Annually~~	~~30888~~	~~32157~~	~~33592~~	~~34965~~			2438
7	~~Hourly~~	~~15.77~~	~~16.35~~	~~17.02~~	~~17.62~~	~~18.30~~		2439
	~~Annually~~	~~32802~~	~~34008~~	~~35402~~	~~36650~~	~~38064~~		2440
8	~~Hourly~~	~~16.66~~	~~17.40~~	~~18.15~~	~~18.97~~	~~19.78~~		2441
	~~Annually~~	~~34653~~	~~36192~~	~~37752~~	~~39458~~	~~41142~~		2442
9	~~Hourly~~	~~17.78~~	~~18.70~~	~~19.62~~	~~20.60~~	~~21.65~~		2443
	~~Annually~~	~~36982~~	~~38896~~	~~40810~~	~~42848~~	~~45032~~		2444
10	~~Hourly~~	~~19.19~~	~~20.23~~	~~21.32~~	~~22.55~~	~~23.76~~		2445
	~~Annually~~	~~39915~~	~~42078~~	~~44346~~	~~46904~~	~~49421~~		2446
11	~~Hourly~~	~~20.89~~	~~22.11~~	~~23.39~~	~~24.71~~	~~26.11~~		2447
	~~Annually~~	~~43451~~	~~45989~~	~~48651~~	~~51397~~	~~54309~~		2448
12	~~Hourly~~	~~23.04~~	~~24.34~~	~~25.65~~	~~27.07~~	~~28.58~~	~~30.13~~	2449
	~~Annually~~	~~47923~~	~~50627~~	~~53352~~	~~56306~~	~~59446~~	~~62670~~	2450
13	~~Hourly~~	~~25.40~~	~~26.80~~	~~28.27~~	~~29.78~~	~~31.45~~	~~33.16~~	2451
	~~Annually~~	~~52832~~	~~55744~~	~~58802~~	~~61942~~	~~65416~~	~~68973~~	2452
14	~~Hourly~~	~~27.93~~	~~29.51~~	~~31.10~~	~~32.80~~	~~34.65~~	~~36.59~~	2453
	~~Annually~~	~~58094~~	~~61381~~	~~64688~~	~~68224~~	~~72072~~	~~76107~~	2454
15	~~Hourly~~	~~30.68~~	~~32.41~~	~~34.24~~	~~36.12~~	~~38.13~~	~~40.22~~	2455
	~~Annually~~	~~63814~~	~~67413~~	~~71219~~	~~75130~~	~~79310~~	~~83658~~	2456
16	~~Hourly~~	~~33.83~~	~~35.71~~	~~37.67~~	~~39.79~~	~~41.98~~	~~44.38~~	2457
	~~Annually~~	~~70366~~	~~74277~~	~~78354~~	~~82763~~	~~87318~~	~~92310~~	2458
17	~~Hourly~~	~~37.28~~	~~39.34~~	~~41.54~~	~~43.83~~	~~46.27~~	~~48.86~~	2459
	~~Annually~~	~~77542~~	~~81827~~	~~86403~~	~~91166~~	~~96242~~	~~101629~~	2460
18	~~Hourly~~	~~41.08~~	~~43.36~~	~~45.80~~	~~48.31~~	~~50.99~~	~~53.84~~	2461
	~~Annually~~	~~85446~~	~~90189~~	~~95264~~	~~100485~~	~~106059~~	~~111987~~	2462

~~Schedule E-2~~	2463

	~~Range~~	~~Minimum~~	~~Maximum~~	2464
41	~~Hourly~~	~~16.23~~	~~37.25~~	2465
	~~Annually~~	~~33758~~	~~77480~~	2466
42	~~Hourly~~	~~17.89~~	~~41.14~~	2467
	~~Annually~~	~~37211~~	~~85571~~	2468
43	~~Hourly~~	~~19.70~~	~~45.31~~	2469
	~~Annually~~	~~40976~~	~~94245~~	2470
44	~~Hourly~~	~~21.73~~	~~49.50~~	2471
	~~Annually~~	~~45198~~	~~102960~~	2472
45	~~Hourly~~	~~24.01~~	~~54.04~~	2473
	~~Annually~~	~~49941~~	~~112403~~	2474
46	~~Hourly~~	~~26.43~~	~~59.06~~	2475
	~~Annually~~	~~54974~~	~~122845~~	2476
47	~~Hourly~~	~~29.14~~	~~64.45~~	2477
	~~Annually~~	~~60611~~	~~134056~~	2478
48	~~Hourly~~	~~32.14~~	~~70.33~~	2479
	~~Annually~~	~~66851~~	~~146286~~	2480
49	~~Hourly~~	~~35.44~~	~~75.94~~	2481
	~~Annually~~	~~73715~~	~~157955~~	2482

~~(C) Beginning on the first day of the pay period that~~	2483
~~includes July 1, 2008, each exempt employee who must be paid in~~	2484
~~accordance with salary schedule E-1 for step seven only shall be~~	2485
~~paid a salary or wage in accordance with the following schedule of~~	2486
~~rates:~~	2487

~~Schedule E-1 for Step Seven Only~~	2488

~~Pay Ranges and Step Values~~	2489

	~~Range~~		2490
12	~~Hourly~~	~~31.80~~	2491
	~~Annually~~	~~66144~~	2492
13	~~Hourly~~	~~34.98~~	2493
	~~Annually~~	~~72758~~	2494
14	~~Hourly~~	~~38.57~~	2495
	~~Annually~~	~~80226~~	2496
15	~~Hourly~~	~~42.44~~	2497
	~~Annually~~	~~88275~~	2498
16	~~Hourly~~	~~46.81~~	2499
	~~Annually~~	~~97365~~	2500
17	~~Hourly~~	~~51.55~~	2501
	~~Annually~~	~~107224~~	2502
18	~~Hourly~~	~~56.80~~	2503
	~~Annually~~	~~118144~~	2504

~~(D)~~based upon merit.

2505

(B) As used in this section~~, "exempt~~:

2506

(1) "Exempt employee" means a permanent full-time or	2507
permanent part-time employee paid directly by warrant of the	2508
director of budget and management whose position is included in	2509
the job classification plan established under division (A) of	2510
section 124.14 of the Revised Code ~~but~~and who is ~~not considered a~~	2511
~~public employee for the purposes of Chapter 4117. of the Revised~~	2512
~~Code~~any of the following persons:	2513

(a) A person who is a member of the Ohio organized militia,	2514
while training or performing duty under section 5919.29 or 5923.12	2515
of the Revised Code;	2516

(b) A management level employee;

2517

(c) An employee of the clerks of courts who perform a	2518
judicial function;	2519

(d) An employee of a public official who acts in a fiduciary	2520
capacity, appointed pursuant to section 124.11 of the Revised	2521
Code;	2522

(e) A supervisor;

2523

(f) A seasonal or casual employee;

2524

(g) An employee of the state employment relations board;

2525

(h) A participant in a work activity, developmental activity,	2526
or alternative work activity under sections 5107.40 to 5107.69 of	2527
the Revised Code who performs a service for a public employer that	2528
the public employer needs but is not performed by an employee of	2529
the public employer if the participant is not engaged in paid	2530
employment or subsidized employment pursuant to the activity;	2531

(i) An employee included in the career professional service	2532
of the department of transportation under section 5501.20 of the	2533
Revised Code;	2534

(j) An employee of a community-based correctional facility or	2535
district community-based correctional facility created under	2536
sections 2301.51 to 2301.58 of the Revised Code who was not	2537
subject to a collective bargaining agreement on June 1, 2005. As	2538
~~used in this section, "exempt~~	2539

(2) "Exempt employee" also includes a permanent full-time or	2540
permanent part-time employee of the secretary of state, auditor of	2541
state, treasurer of state, or attorney general ~~who has not been~~	2542
~~placed in an appropriate bargaining unit by the state employment~~	2543
~~relations board~~.	2544

(3) "Public employer" means the state or any state agency,	2545
authority, commission, or board.	2546

(4) "Supervisor" and "management level employee" have the	2547
same meanings as in section 4117.01 of the Revised Code.	2548

Sec. 124.181. (A) Except as provided in divisions ~~(M)~~(K)	2549
and ~~(P)~~(L) of this section, any employee who would be paid in	2550
accordance with schedule B prescribed in the version of section	2551
124.15 of the Revised Code in effect immediately prior to the	2552
effective date of this amendment or schedule E-1 or schedule E-1	2553
for step seven only prescribed in the version of section 124.152	2554
of the Revised Code in effect immediately prior to the effective	2555
date of this amendment is eligible for the pay supplements	2556
provided in this section upon application by the appointing	2557
authority substantiating the employee's qualifications for the	2558
supplement and with the approval of the director of administrative	2559
services ~~except as provided in division (E) of this section~~.	2560

(B)~~(1) Except as provided in section 124.183 of the Revised~~	2561
~~Code, in computing any of the pay supplements provided in this~~	2562
~~section for an employee paid in accordance with schedule B of~~	2563
~~section 124.15 of the Revised Code, the classification salary base~~	2564
~~shall be the minimum hourly rate of the pay range, provided in~~	2565
~~that section, in which the employee is assigned at the time of~~	2566
~~computation.~~	2567

~~(2) Except as provided in section 124.183 of the Revised~~	2568
~~Code, in computing any of the pay supplements provided in this~~	2569
~~section for an employee paid in accordance with schedule E-1 of~~	2570
~~section 124.152 of the Revised Code, the classification salary~~	2571
~~base shall be the minimum hourly rate of the pay range, provided~~	2572
~~in that section, in which the employee is assigned at the time of~~	2573
~~computation.~~	2574

~~(3) Except as provided in section 124.183 of the Revised~~	2575
~~Code, in computing any of the pay supplements provided in this~~	2576
~~section for an employee paid in accordance with schedule E-1 for~~	2577
~~step seven only of section 124.152 of the Revised Code, the~~	2578
~~classification salary base shall be the minimum hourly rate in the~~	2579
~~corresponding pay range, provided in schedule E-1 of that section,~~	2580
~~to which the employee is assigned at the time of the computation.~~	2581

~~(C)~~ The effective date of any pay supplement, except as	2582
provided in section 124.183 of the Revised Code or unless	2583
otherwise provided in this section, shall be determined by the	2584
director.	2585

~~(D)~~(C) The director shall, by rule, establish standards	2586
regarding the administration of this section.	2587

~~(E)(1) Except as otherwise provided in this division,~~	2588
~~beginning on the first day of the pay period within which the~~	2589
~~employee completes five years of total service with the state~~	2590
~~government or any of its political subdivisions, each employee in~~	2591
~~positions paid in accordance with schedule B of section 124.15 of~~	2592
~~the Revised Code or in accordance with schedule E-1 or schedule~~	2593
~~E-1 for step seven only of section 124.152 of the Revised Code~~	2594
~~shall receive an automatic salary adjustment equivalent to two and~~	2595
~~one-half per cent of the classification salary base, to the~~	2596
~~nearest whole cent. Each employee shall receive thereafter an~~	2597
~~annual adjustment equivalent to one-half of one per cent of the~~	2598
~~employee's classification salary base, to the nearest whole cent,~~	2599
~~for each additional year of qualified employment until a maximum~~	2600
~~of ten per cent of the employee's classification salary base is~~	2601
~~reached. The granting of longevity adjustments shall not be~~	2602
~~affected by promotion, demotion, or other changes in~~	2603
~~classification held by the employee, nor by any change in pay~~	2604
~~range for the employee's class or grade. Longevity pay adjustments~~	2605
~~shall become effective at the beginning of the pay period within~~	2606
~~which the employee completes the necessary length of service,~~	2607
~~except that when an employee requests credit for prior service,~~	2608
~~the effective date of the prior service credit and of any~~	2609
~~longevity adjustment shall be the first day of the pay period~~	2610
~~following approval of the credit by the director of administrative~~	2611
~~services. No employee, other than an employee who submits proof of~~	2612
~~prior service within ninety days after the date of the employee's~~	2613
~~hiring, shall receive any longevity adjustment for the period~~	2614
~~prior to the director's approval of a prior service credit. Time~~	2615
~~spent on authorized leave of absence shall be counted for this~~	2616
~~purpose.~~	2617

~~(2) An employee who has retired in accordance with the~~	2618
~~provisions of any retirement system offered by the state and who~~	2619
~~is employed by the state or any political subdivision of the state~~	2620
~~on or after June 24, 1987, shall not have prior service with the~~	2621
~~state or any political subdivision of the state counted for the~~	2622
~~purpose of determining the amount of the salary adjustment~~	2623
~~provided under this division.~~	2624

~~(3) There shall be a moratorium on employees' receipt under~~	2625
~~this division of credit for service with the state government or~~	2626
~~any of its political subdivisions during the period from July 1,~~	2627
~~2003, through June 30, 2005. In calculating the number of years of~~	2628
~~total service under this division, no credit shall be included for~~	2629
~~service during the moratorium. The moratorium shall apply to the~~	2630
~~employees of the secretary of state, the auditor of state, the~~	2631
~~treasurer of state, and the attorney general, who are subject to~~	2632
~~this section unless the secretary of state, the auditor of state,~~	2633
~~the treasurer of state, or the attorney general decides to exempt~~	2634
~~the office's employees from the moratorium and so notifies the~~	2635
~~director of administrative services in writing on or before July~~	2636
~~1, 2003.~~	2637

~~If an employee is exempt from the moratorium, receives credit~~	2638
~~for a period of service during the moratorium, and takes a~~	2639
~~position with another entity in the state government or any of its~~	2640
~~political subdivisions, either during or after the moratorium, and~~	2641
~~if that entity's employees are or were subject to the moratorium,~~	2642
~~the employee shall continue to retain the credit. However, if the~~	2643
~~moratorium is in effect upon the taking of the new position, the~~	2644
~~employee shall cease receiving additional credit as long as the~~	2645
~~employee is in the position, until the moratorium expires.~~	2646

~~(F)~~(D) When an exceptional condition exists that creates a	2647
temporary or a permanent hazard for one or more positions in a	2648
class that would have been paid in accordance with schedule B	2649
prescribed in the version of section 124.15 of the Revised Code in	2650
effect immediately prior to the effective date of this amendment	2651
or in accordance with schedule E-1 or schedule E-1 for step seven	2652
only prescribed in the version of section 124.152 of the Revised	2653
Code in effect immediately prior to the effective date of this	2654
amendment, a special hazard salary adjustment may be granted for	2655
the time the employee is subjected to the hazardous condition. All	2656
special hazard conditions shall be identified for each position	2657
and incidence from information submitted to the director on an	2658
appropriate form provided by the director and categorized into	2659
standard conditions of: some unusual hazard not common to the	2660
class; considerable unusual hazard not common to the class; and	2661
exceptional hazard not common to the class.	2662

(1) A hazardous salary adjustment of five per cent of the	2663
employee's ~~classification~~ salary ~~base~~ may be applied in the case	2664
of some unusual hazardous condition not common to the class for	2665
those hours worked, or a fraction of those hours worked, while the	2666
employee was subject to the unusual hazard condition.	2667

(2) A hazardous salary adjustment of seven and one-half per	2668
cent of the employee's ~~classification~~ salary ~~base~~ may be applied	2669
in the case of some considerable hazardous condition not common to	2670
the class for those hours worked, or a fraction of those hours	2671
worked, while the employee was subject to the considerable hazard	2672
condition.	2673

(3) A hazardous salary adjustment of ten per cent of the	2674
employee's ~~classification~~ salary ~~base~~ may be applied in the case	2675
of some exceptional hazardous condition not common to the class	2676
for those hours worked, or a fraction of those hours worked, when	2677
the employee was subject to the exceptional hazard condition.	2678

(4) Each claim for temporary hazard pay shall be submitted as	2679
a separate payment and shall be subject to an administrative audit	2680
by the director as to the extent and duration of the employee's	2681
exposure to the hazardous condition.	2682

~~(G)~~(E) When a full-time employee whose salary or wage is paid	2683
directly by warrant of the director of budget and management and	2684
who also is eligible for overtime under the "Fair Labor Standards	2685
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is	2686
ordered by the appointing authority to report back to work after	2687
termination of the employee's regular work schedule and the	2688
employee reports, the employee shall be paid for such time. The	2689
employee shall be entitled to four hours at the employee's total	2690
rate of pay or overtime compensation for the actual hours worked,	2691
whichever is greater. This division does not apply to work that is	2692
a continuation of or immediately preceding an employee's regular	2693
work schedule.	2694

~~(H)~~(F) When a certain position or positions that would have	2695
been paid in accordance with schedule B prescribed in the version	2696
of section 124.15 of the Revised Code in effect immediately prior	2697
to the effective date of this amendment or in accordance with	2698
schedule E-1 or schedule E-1 for step seven only as prescribed in	2699
the version of section 124.152 of the Revised Code in effect	2700
immediately prior to the effective date of this amendment require	2701
the ability to speak or write a language other than English, a	2702
special pay supplement may be granted to attract bilingual	2703
individuals, to encourage present employees to become proficient	2704
in other languages, or to retain qualified bilingual employees.	2705
The bilingual pay supplement provided in this division may be	2706
granted in the amount of five per cent of the employee's	2707
~~classification~~ salary ~~base~~ for each required foreign language and	2708
shall remain in effect as long as the bilingual requirement	2709
exists.	2710

~~(I)~~(G) The director of administrative services may establish	2711
a shift differential for employees. The differential shall be paid	2712
to employees in positions working in other than the regular or	2713
first shift. In those divisions or agencies where only one shift	2714
prevails, no shift differential shall be paid regardless of the	2715
hours of the day that are worked. The director and the appointing	2716
authority shall designate which positions shall be covered by this	2717
division.	2718

~~(J)~~(H) Whenever an employee is assigned to work in a higher	2719
level position for a continuous period of more than two weeks but	2720
no more than two years because of a vacancy, the employee's pay	2721
may be established at a rate that is approximately four per cent	2722
above the employee's current base rate for the period the employee	2723
occupies the position, provided that this temporary occupancy is	2724
approved by the director. Employees paid under this division shall	2725
continue to receive any of the pay supplements due them under	2726
other divisions of this section ~~based on the step one base rate~~	2727
~~for their normal classification~~.	2728

~~(K)~~(I) If a certain position, or positions, within a class	2729
that would have been paid in accordance with schedule B as	2730
prescribed in the version of section 124.15 of the Revised Code in	2731
effect immediately prior to the effective date of this amendment	2732
or in accordance with schedule E-1 or schedule E-1 for step seven	2733
only as prescribed in the version of section 124.152 of the	2734
Revised Code in effect immediately prior to the effective date of	2735
this amendment are mandated by state or federal law or regulation	2736
or other regulatory agency or other certification authority to	2737
have special technical certification, registration, or licensing	2738
to perform the functions which are under the mandate, a special	2739
professional achievement pay supplement may be granted. This	2740
special professional achievement pay supplement shall not be	2741
granted when all incumbents in all positions in a class require a	2742
license as provided in the classification description published by	2743
the department of administrative services; to licensees where no	2744
special or extensive training is required; when certification is	2745
granted upon completion of a stipulated term of in-service	2746
training; when an appointing authority has required certification;	2747
or any other condition prescribed by the director.	2748

(1) Before this supplement may be applied, evidence as to the	2749
requirement must be provided by the agency for each position	2750
involved, and certification must be received from the director as	2751
to the director's concurrence for each of the positions so	2752
affected.	2753

(2) The professional achievement pay supplement provided in	2754
this division shall be granted in an amount up to ten per cent of	2755
the employee's ~~classification~~ salary ~~base~~ and shall remain in	2756
effect as long as the mandate exists.	2757

~~(L)~~(J) Those employees assigned to teaching supervisory,	2758
principal, assistant principal, or superintendent positions who	2759
have attained a higher educational level than a basic bachelor's	2760
degree may receive an educational pay supplement to remain in	2761
effect as long as the employee's assignment and classification	2762
remain the same.	2763

(1) An educational pay supplement of two and one-half per	2764
cent of the employee's ~~classification~~ salary ~~base~~ may be applied	2765
upon the achievement of a bachelor's degree plus twenty quarter	2766
hours of postgraduate work.	2767

(2) An educational pay supplement of an additional five per	2768
cent of the employee's ~~classification~~ salary ~~base~~ may be applied	2769
upon achievement of a master's degree.	2770

(3) An educational pay supplement of an additional two and	2771
one-half per cent of the employee's ~~classification~~ salary ~~base~~ may	2772
be applied upon achievement of a master's degree plus thirty	2773
quarter hours of postgraduate work.	2774

(4) An educational pay supplement of five per cent of the	2775
employee's ~~classification~~ salary ~~base~~ may be applied when the	2776
employee is performing as a master teacher.	2777

(5) An educational pay supplement of five per cent of the	2778
employee's ~~classification~~ salary ~~base~~ may be applied when the	2779
employee is performing as a special education teacher.	2780

(6) Those employees in teaching supervisory, principal,	2781
assistant principal, or superintendent positions who are	2782
responsible for specific extracurricular activity programs shall	2783
receive overtime pay for those hours worked in excess of their	2784
normal schedule, at their straight time hourly rate up to a	2785
maximum of five per cent of their regular base salary in any	2786
calendar year.	2787

~~(M)~~(K)(1) A state agency, board, or commission may establish	2788
a supplementary compensation ~~schedule~~ for those licensed	2789
physicians employed by the agency, board, or commission in	2790
positions requiring a licensed physician. ~~The supplementary~~	2791
~~compensation schedule, together with the compensation otherwise~~	2792
~~authorized by this chapter, shall provide for the total~~	2793
~~compensation for these employees to range appropriately, but not~~	2794
~~necessarily uniformly, for each classification title requiring a~~	2795
~~licensed physician, in accordance with a schedule approved by the~~	2796
~~state controlling board.~~ The individual salary levels recommended	2797
for each such physician employed shall be approved by the	2798
director. Notwithstanding section 124.11 of the Revised Code, such	2799
personnel are in the unclassified civil service.	2800

(2) The director of administrative services may approve	2801
supplementary compensation for the director of health, if the	2802
director is a licensed physician~~, in accordance with a~~	2803
~~supplementary compensation schedule approved under division (M)(1)~~	2804
~~of this section or in accordance with another supplementary~~	2805
~~compensation schedule the director of administrative services~~	2806
~~considers appropriate~~. The supplementary compensation shall not	2807
exceed twenty per cent of the director of health's base rate of	2808
pay.	2809

~~(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,~~	2810
~~117.42, and 131.02 of the Revised Code, the state shall not~~	2811
~~institute any civil action to recover and shall not seek~~	2812
~~reimbursement for overpayments made in violation of division (E)~~	2813
~~of this section or division (C) of section 9.44 of the Revised~~	2814
~~Code for the period starting after June 24, 1987, and ending on~~	2815
~~October 31, 1993.~~	2816

~~(O) Employees of the office of the treasurer of state who are~~	2817
~~exempt from collective bargaining coverage may be granted a merit~~	2818
~~pay supplement of up to one and one-half per cent of their step~~	2819
~~rate. The rate at which this supplement is granted shall be based~~	2820
~~on performance standards established by the treasurer of state.~~	2821
~~Any supplements granted under this division shall be administered~~	2822
~~on an annual basis.~~	2823

~~(P)~~(L) Intermittent employees appointed under section 124.30	2824
of the Revised Code are not eligible for the pay supplements	2825
provided by this section.	2826

~~(Q) Employees of the office of the auditor of state who are~~	2827
~~exempt from collective bargaining and who are paid in accordance~~	2828
~~with schedule E-1 or in accordance with schedule E-1 for step 7~~	2829
~~only and are paid a salary or wage in accordance with the schedule~~	2830
~~of rates in division (B) or (C) of section 124.152 of the Revised~~	2831
~~Code shall receive a reduction of two per cent in their hourly and~~	2832
~~annual pay calculation beginning with the pay period that~~	2833
~~immediately follows July 1, 2009.~~	2834

Sec. 124.182. (A) There is hereby created in the state	2835
treasury the professional development fund. The director of	2836
administrative services shall use moneys credited to the fund to	2837
pay for programs that provide professional development	2838
opportunities for employees who are ~~exempt from collective~~	2839
~~bargaining coverage and~~ paid by warrant of the director of budget	2840
and management and who would not have been considered public	2841
employees as defined in former section 4117.01 of the Revised	2842
Code, as that section existed immediately prior to the effective	2843
date of this amendment. The director of administrative services	2844
shall identify by rule adopted under Chapter 119. of the Revised	2845
Code programs for which payments from the fund shall be made. The	2846
fund also shall be used to pay any direct and indirect costs that	2847
are attributable to consultants or a third-party administrator and	2848
that are necessary to administer this section. All investment	2849
earnings of the fund shall be credited to it.	2850

(B) The director of administrative services, in consultation	2851
with the director of budget and management, shall determine a rate	2852
at which the payrolls of all participating state agencies with	2853
employees paid by warrant of the director of budget and management	2854
shall be charged each pay period that is sufficient to cover the	2855
costs of administering the programs paid for with the moneys	2856
credited to the professional development fund. The rate shall be	2857
based on the total number of those employees and may be adjusted	2858
as the director of administrative services, in consultation with	2859
the director of budget and management, considers necessary. All	2860
moneys collected from the charge shall be credited to the	2861
professional development fund.	2862

(C) If the director of administrative services determines	2863
that additional appropriation amounts are necessary, the director	2864
may request that the director of budget and management increase	2865
the appropriation amounts. The additional appropriation amounts	2866
are hereby appropriated.	2867

Sec. 124.322. Whenever a reduction in the work force is	2868
necessary, the appointing authority of an agency shall decide in	2869
which classification or classifications the layoff or layoffs will	2870
occur and the number of employees to be laid off within each	2871
affected classification. The director of administrative services	2872
shall adopt rules, under Chapter 119. of the Revised Code,	2873
establishing a method for determining layoff procedures and an	2874
order of layoff of, and the displacement and recall of, laid-off	2875
state and county employees.	2876

The order of layoff in those rules shall be based in part on	2877
length of service ~~and may~~; however, the rules shall prohibit an	2878
agency from using an employee's length of service as the only	2879
factor to determine whether to lay off the employee. The rules	2880
shall include efficiency in service, appointment type, orand	2881
similar other factors the director considers appropriate. ~~If the~~	2882
~~director establishes relative efficiency as a criterion to be used~~	2883
~~in determining order of layoff for state and county employees,~~	2884
~~credit for efficiency may be other than ten per cent of total~~	2885
~~retention points.~~	2886

Sec. 124.325. (A) An appointing authority shall calculate an	2887
employee's retention points based upon length of service,	2888
efficiency of service, and other similar factors the director of	2889
administrative services, in the rules the director adopts for	2890
state or county employees under section 124.322 of the Revised	2891
Code, or the appointing authority, as applicable, determines is	2892
appropriate. Retention points ~~to reflect the length of continuous~~	2893
~~service and efficiency in service~~ for all employees affected by a	2894
layoff shall be verified by the director of administrative	2895
services for positions in the service of the state.	2896

(B) An employee's length of continuous service will be	2897
carried from one layoff jurisdiction to another so long as no	2898
break in service occurs between transfers or appointments.	2899

(C) If(1) Except as otherwise provided in division (C)(2) of	2900
this section, an appointing authority shall adopt rules to	2901
determine which employee the appointing authority shall lay off	2902
first if two or more employees have an identical number of	2903
retention points~~, employees having the shortest period of~~	2904
~~continuous service shall be laid off first~~.	2905

(2) The director shall adopt rules in accordance with Chapter	2906
119. of the Revised Code to establish a system for the assignment	2907
of retention points for each employee in the service of the state	2908
in a classification affected by a layoff and for determining, in	2909
those instances where employees in the service of the state have	2910
identical retention points, which employee shall be laid off	2911
first. The rules shall permit an appointing authority to consider	2912
the number of management and nonmanagement employees when	2913
determining which employees to lay off.	2914

(D)(1) As used in this division, "affected employee" means a	2915
city employee who becomes a county employee, or a county employee	2916
who becomes a city employee, as the result of any of the	2917
following:	2918

(a) The merger of a city and a county office;

2919

(b) The merger of city and county functions or duties;

2920

(c) The transfer of functions or duties between a city and	2921
county.	2922

(2) For purposes of this section, the new employer of any	2923
affected employee shall treat the employee's prior service with a	2924
former employer as if it had been served with the new employer.	2925

~~(E) The director of administrative services shall adopt rules~~	2926
~~in accordance with Chapter 119. of the Revised Code to establish a~~	2927
~~system for the assignment of retention points for each employee in~~	2928
~~the service of the state in a classification affected by a layoff~~	2929
~~and for determining, in those instances where employees in the~~	2930
~~service of the state have identical retention points, which~~	2931
~~employee shall be laid off first.~~	2932

Sec. 124.327. (A) Employees who have been laid off or have,	2933
by virtue of exercising their displacement rights, been displaced	2934
to a lower classification in their classification series, shall be	2935
placed on appropriate layoff lists. Those employees with the most	2936
retention points within each category of order of layoff, as	2937
established in section 124.323 of the Revised Code, shall be	2938
placed at the top of the layoff list to be followed by employees	2939
ranked in descending total retention order. Laid-off employees	2940
shall be placed on layoff lists for each classification in the	2941
classification series equal to or lower than the classification in	2942
which the employee was employed at the time of layoff.	2943

(B) An employee who is laid off retains reinstatement rights	2944
in the agency from which the employee was laid off. Reinstatement	2945
rights continue for one year from the date of layoff. During this	2946
one-year period, in any layoff jurisdiction in which an appointing	2947
authority has an employee on a layoff list, the appointing	2948
authority shall not hire or promote anyone into a position within	2949
that classification until all laid-off persons on a layoff list	2950
for that classification who are qualified to perform the duties of	2951
the position are reinstated or decline the position when it is	2952
offered.	2953

~~For an exempt employee, as defined in section 124.152 of the~~	2954
~~Revised Code, who has reinstatement rights into a bargaining unit~~	2955
~~classification, the exempt employee's recall jurisdiction shall be~~	2956
~~the counties in which the exempt employee indicates willingness to~~	2957
~~accept reinstatement as determined by the applicable collective~~	2958
~~bargaining agreement.~~	2959

(C) Each laid-off or displaced employee, in addition to	2960
reinstatement rights within the employee's appointing authority,	2961
has the right to reemployment with any other state agency, board,	2962
commission, or independent institution described in division	2963
(B)(1) of section 124.326 of the Revised Code, if the employee	2964
meets all applicable position-specific minimum qualifications	2965
developed by the other agency, board, commission, or independent	2966
institution and reviewed for validity by the department of	2967
administrative services or, in the absence of position-specific	2968
minimum qualifications so developed and reviewed, meets the	2969
qualifications described in the applicable classification, but	2970
only in the same classification from which the employee was	2971
initially laid off or displaced. Layoff lists for each appointing	2972
authority must be exhausted before other jurisdiction reemployment	2973
layoff lists are used.	2974

(D) Any employee accepting or declining reinstatement to the	2975
same classification and same appointment type from which the	2976
employee was laid off or displaced shall be removed from the	2977
appointing authority's layoff list.	2978

(E) Any employee accepting or declining reemployment to the	2979
same classification and the same appointment type from which the	2980
employee was laid off or displaced shall be removed from the	2981
layoff list for the jurisdiction in which the employee accepted or	2982
declined that reemployment as determined under division (C) of	2983
this section.	2984

(F) An employee who does not exercise the option to displace	2985
under section 124.324 of the Revised Code shall only be entitled	2986
to reinstatement or reemployment in the classification from which	2987
the employee was displaced or laid off.	2988

(G) Except as otherwise provided in this division, an	2989
employee who declines reinstatement to a classification lower in	2990
the classification series than the classification from which the	2991
employee was laid off or displaced, thereafter is only entitled to	2992
reinstatement to a classification higher, up to and including the	2993
classification from which the employee was laid off or displaced,	2994
in the classification series than the classification that was	2995
declined. This division does not apply when an employee, who was a	2996
full-time employee at the time of layoff or displacement, declines	2997
reinstatement in a part-time position.	2998

(H) Any employee reinstated or reemployed under this section	2999
shall not serve a probationary period upon reinstatement or	3000
reemployment, except that an employee laid off during an original	3001
or promotional probationary period shall begin a new probationary	3002
period.	3003

(I) For the purposes of this section, employees whose salary	3004
or wage is not paid directly by warrant of the director of budget	3005
and management shall be placed on layoff lists of their appointing	3006
authority only.	3007

Sec. 124.34. (A) The tenure of every officer or employee in	3008
the classified service of the state and the counties, civil	3009
service townships, cities, city health districts, general health	3010
districts, and city school districts of the state, holding a	3011
position under this chapter, shall be during good behavior and	3012
efficient service. No officer or employee shall be reduced in pay	3013
or position, fined, suspended, or removed, or have the officer's	3014
or employee's longevity reduced or eliminated, except as provided	3015
in section 124.32 of the Revised Code, and for incompetency,	3016
inefficiency, dishonesty, drunkenness, immoral conduct,	3017
insubordination, discourteous treatment of the public, neglect of	3018
duty, violation of any policy or work rule of the officer's or	3019
employee's appointing authority, violation of this chapter or the	3020
rules of the director of administrative services or the	3021
commission, any other failure of good behavior, any other acts of	3022
misfeasance, malfeasance, or nonfeasance in office, or conviction	3023
of a felony. The denial of a one-time pay supplement or a bonus to	3024
an officer or employee is not a reduction in pay for purposes of	3025
this section.	3026

This section does not apply to any modifications or	3027
reductions in pay authorized by ~~division (Q) of section 124.181 or~~	3028
section 124.392 or 124.393 of the Revised Code.	3029

An appointing authority may require an employee who is	3030
suspended to report to work to serve the suspension. An employee	3031
serving a suspension in this manner shall continue to be	3032
compensated at the employee's regular rate of pay for hours	3033
worked. The disciplinary action shall be recorded in the	3034
employee's personnel file in the same manner as other disciplinary	3035
actions and has the same effect as a suspension without pay for	3036
the purpose of recording disciplinary actions.	3037

A finding by the appropriate ethics commission, based upon a	3038
preponderance of the evidence, that the facts alleged in a	3039
complaint under section 102.06 of the Revised Code constitute a	3040
violation of Chapter 102., section 2921.42, or section 2921.43 of	3041
the Revised Code may constitute grounds for dismissal. Failure to	3042
file a statement or falsely filing a statement required by section	3043
102.02 of the Revised Code may also constitute grounds for	3044
dismissal. The tenure of an employee in the career professional	3045
service of the department of transportation is subject to section	3046
5501.20 of the Revised Code.	3047

Conviction of a felony is a separate basis for reducing in	3048
pay or position, suspending, or removing an officer or employee,	3049
even if the officer or employee has already been reduced in pay or	3050
position, suspended, or removed for the same conduct that is the	3051
basis of the felony. An officer or employee may not appeal to the	3052
state personnel board of review or the commission any disciplinary	3053
action taken by an appointing authority as a result of the	3054
officer's or employee's conviction of a felony. If an officer or	3055
employee removed under this section is reinstated as a result of	3056
an appeal of the removal, any conviction of a felony that occurs	3057
during the pendency of the appeal is a basis for further	3058
disciplinary action under this section upon the officer's or	3059
employee's reinstatement.	3060

A person convicted of a felony immediately forfeits the	3061
person's status as a classified employee in any public employment	3062
on and after the date of the conviction for the felony. If an	3063
officer or employee is removed under this section as a result of	3064
being convicted of a felony or is subsequently convicted of a	3065
felony that involves the same conduct that was the basis for the	3066
removal, the officer or employee is barred from receiving any	3067
compensation after the removal notwithstanding any modification or	3068
disaffirmance of the removal, unless the conviction for the felony	3069
is subsequently reversed or annulled.	3070

Any person removed for conviction of a felony is entitled to	3071
a cash payment for any accrued but unused sick, personal, and	3072
vacation leave as authorized by law. If subsequently reemployed in	3073
the public sector, the person shall qualify for and accrue these	3074
forms of leave in the manner specified by law for a newly	3075
appointed employee and shall not be credited with prior public	3076
service for the purpose of receiving these forms of leave.	3077

As used in this division, "felony" means any of the	3078
following:	3079

(1) A felony that is an offense of violence as defined in	3080
section 2901.01 of the Revised Code;	3081

(2) A felony that is a felony drug abuse offense as defined	3082
in section 2925.01 of the Revised Code;	3083

(3) A felony under the laws of this or any other state or the	3084
United States that is a crime of moral turpitude;	3085

(4) A felony involving dishonesty, fraud, or theft;

3086

(5) A felony that is a violation of section 2921.05, 2921.32,	3087
or 2921.42 of the Revised Code.	3088

(B) In case of a reduction, a suspension of more than forty	3089
work hours in the case of an employee exempt from the payment of	3090
overtime compensation, a suspension of more than twenty-four work	3091
hours in the case of an employee required to be paid overtime	3092
compensation, a fine of more than forty hours' pay in the case of	3093
an employee exempt from the payment of overtime compensation, a	3094
fine of more than twenty-four hours' pay in the case of an	3095
employee required to be paid overtime compensation, or removal,	3096
except for the reduction or removal of a probationary employee,	3097
the appointing authority shall serve the employee with a copy of	3098
the order of reduction, fine, suspension, or removal, which order	3099
shall state the reasons for the action.	3100

Within ten days following the date on which the order is	3101
served or, in the case of an employee in the career professional	3102
service of the department of transportation, within ten days	3103
following the filing of a removal order, the employee, except as	3104
otherwise provided in this section, may file an appeal of the	3105
order in writing with the state personnel board of review or the	3106
commission. For purposes of this section, the date on which an	3107
order is served is the date of hand delivery of the order or the	3108
date of delivery of the order by certified United States mail,	3109
whichever occurs first. If an appeal is filed, the board or	3110
commission shall forthwith notify the appointing authority and	3111
shall hear, or appoint a trial board to hear, the appeal within	3112
thirty days from and after its filing with the board or	3113
commission. The board, commission, or trial board may affirm,	3114
disaffirm, or modify the judgment of the appointing authority.	3115
However, in an appeal of a removal order based upon a violation of	3116
a last chance agreement, the board, commission, or trial board may	3117
only determine if the employee violated the agreement and thus	3118
affirm or disaffirm the judgment of the appointing authority.	3119

In cases of removal or reduction in pay for disciplinary	3120
reasons, either the appointing authority or the officer or	3121
employee may appeal from the decision of the state personnel board	3122
of review or the commission, and any such appeal shall be to the	3123
court of common pleas of the county in which the appointing	3124
authority is located, or to the court of common pleas of Franklin	3125
county, as provided by section 119.12 of the Revised Code.	3126

(C) In the case of the suspension for any period of time, or	3127
a fine, demotion, or removal, of a chief of police, a chief of a	3128
fire department, or any member of the police or fire department of	3129
a city or civil service township, who is in the classified civil	3130
service, the appointing authority shall furnish the chief or	3131
member with a copy of the order of suspension, fine, demotion, or	3132
removal, which order shall state the reasons for the action. The	3133
order shall be filed with the municipal or civil service township	3134
civil service commission. Within ten days following the filing of	3135
the order, the chief or member may file an appeal, in writing,	3136
with the commission. If an appeal is filed, the commission shall	3137
forthwith notify the appointing authority and shall hear, or	3138
appoint a trial board to hear, the appeal within thirty days from	3139
and after its filing with the commission, and it may affirm,	3140
disaffirm, or modify the judgment of the appointing authority. An	3141
appeal on questions of law and fact may be had from the decision	3142
of the commission to the court of common pleas in the county in	3143
which the city or civil service township is situated. The appeal	3144
shall be taken within thirty days from the finding of the	3145
commission.	3146

(D) A violation of division (A)(7) of section 2907.03 of the	3147
Revised Code is grounds for termination of employment of a	3148
nonteaching employee under this section.	3149

(E) As used in this section, "last chance agreement" means an	3150
agreement signed by both an appointing authority and an officer or	3151
employee of the appointing authority that describes the type of	3152
behavior or circumstances that, if it occurs, will automatically	3153
lead to removal of the officer or employee without the right of	3154
appeal to the state personnel board of review or the appropriate	3155
commission.	3156

Sec. 124.38. Each of the following shall be entitled for	3157
each completed eighty hours of service to sick leave of four and	3158
six-tenths hours with pay:	3159

(A) Employees in the various offices of the county,	3160
municipal, and civil service township service, other than	3161
superintendents and management employees, as defined in section	3162
5126.20 of the Revised Code, of county boards of developmental	3163
disabilities;	3164

(B) Employees of any state college or university;

3165

~~(C) Employees of any board of education for whom sick leave~~	3166
~~is not provided by section 3319.141 of the Revised Code~~.	3167

Employees may use sick leave, upon approval of the	3168
responsible administrative officer of the employing unit, for	3169
absence due to personal illness, pregnancy, injury, exposure to	3170
contagious disease that could be communicated to other employees,	3171
and illness, injury, or death in the employee's immediate family.	3172
Unused sick leave shall be cumulative without limit. When sick	3173
leave is used, it shall be deducted from the employee's credit on	3174
the basis of one hour for every one hour of absence from	3175
previously scheduled work.	3176

The previously accumulated sick leave of an employee who has	3177
been separated from the public service shall be placed to the	3178
employee's credit upon the employee's re-employment in the public	3179
service, provided that the re-employment takes place within ten	3180
years of the date on which the employee was last terminated from	3181
public service. This ten-year period shall be tolled for any	3182
period during which the employee holds elective public office,	3183
whether by election or by appointment.	3184

An employee who transfers from one public agency to another	3185
shall be credited with the unused balance of the employee's	3186
accumulated sick leave up to the maximum of the sick leave	3187
accumulation permitted in the public agency to which the employee	3188
transfers.	3189

The appointing authorities of the various offices of the	3190
county service may permit all or any part of a person's accrued	3191
but unused sick leave acquired during service with any regional	3192
council of government established in accordance with Chapter 167.	3193
of the Revised Code to be credited to the employee upon a transfer	3194
as if the employee were transferring from one public agency to	3195
another under this section.	3196

The appointing authority of each employing unit shall require	3197
an employee to furnish a satisfactory written, signed statement to	3198
justify the use of sick leave. If medical attention is required, a	3199
certificate stating the nature of the illness from a licensed	3200
physician shall be required to justify the use of sick leave.	3201
Falsification of either a written, signed statement or a	3202
physician's certificate shall be grounds for disciplinary action,	3203
including dismissal.	3204

This section does not interfere with existing unused sick	3205
leave credit in any agency of government where attendance records	3206
are maintained and credit has been given employees for unused sick	3207
leave.	3208

Notwithstanding this section or any other section of the	3209
Revised Code, any appointing authority of a county office,	3210
department, commission, board, or body may, upon notification to	3211
the board of county commissioners, establish alternative schedules	3212
of sick leave for employees of the appointing authority for whom	3213
the state employment relations board has not established an	3214
appropriate bargaining unit pursuant to section 4117.06 of the	3215
Revised Code, as long as the alternative schedules are not	3216
inconsistent with the provisions of at least one collective	3217
bargaining agreement covering other employees of that appointing	3218
authority, if such a collective bargaining agreement exists. If no	3219
such collective bargaining agreement exists, an appointing	3220
authority may, upon notification to the board of county	3221
commissioners, establish an alternative schedule of sick leave for	3222
its employees that does not diminish the sick leave benefits	3223
granted by this section.	3224

Any sick leave that a board of education awards shall be	3225
awarded in accordance with the leave policy the board adopts	3226
pursuant to section 3319.141 of the Revised Code.	3227

Sec. 124.382. (A) As used in this section and sections	3228
124.383, 124.386, 124.387, and 124.388 of the Revised Code:	3229

(1) "Pay period" means the fourteen-day period of time during	3230
which the payroll is accumulated, as determined by the director of	3231
administrative services.	3232

(2) "Active pay status" means the conditions under which an	3233
employee is eligible to receive pay, and includes, but is not	3234
limited to, vacation leave, sick leave, personal leave,	3235
bereavement leave, and administrative leave.	3236

(3) "No pay status" means the conditions under which an	3237
employee is ineligible to receive pay and includes, but is not	3238
limited to, leave without pay, leave of absence, and disability	3239
leave.	3240

(4) "Disability leave" means the leave granted pursuant to	3241
section 124.385 of the Revised Code.	3242

(5) "Full-time permanent employee" means an employee whose	3243
regular hours of duty total eighty hours in a pay period in a	3244
state agency and whose appointment is not for a limited period of	3245
time.	3246

(6) "Base rate of pay" means the rate of pay established	3247
under ~~schedule B or C of~~ section 124.15 or section 124.152 of the	3248
Revised Code ~~or under schedule E-1, schedule E-1 for step seven~~	3249
~~only, or schedule E-2 of section 124.152 of the Revised Code~~, plus	3250
any supplement provided under section 124.181 of the Revised Code,	3251
~~plus any supplements enacted into law which are added to schedule~~	3252
~~B or C of section 124.15 of the Revised Code or to schedule E-1,~~	3253
~~schedule E-1 for step seven only, or schedule E-2 of section~~	3254
~~124.152 of the Revised Code~~.	3255

(7) "Part-time permanent employee" means an employee whose	3256
regular hours of duty total less than eighty hours in a pay period	3257
in a state agency and whose appointment is not for a limited	3258
period of time.	3259

(B) Each full-time permanent and part-time permanent employee	3260
whose salary or wage is paid directly by warrant of the director	3261
of budget and management shall be credited with sick leave of	3262
three and one-tenth hours for each completed eighty hours of	3263
service, excluding overtime hours worked. Sick leave is not	3264
available for use until it appears on the employee's earning	3265
statement and the compensation described in the earning statement	3266
is available to the employee.	3267

(C) Any sick leave credit provided pursuant to division (B)	3268
of this section, remaining as of the last day of the pay period	3269
preceding the first paycheck the employee receives in December,	3270
shall be converted pursuant to section 124.383 of the Revised	3271
Code.	3272

(D) Employees may use sick leave, provided a credit balance	3273
is available, upon approval of the responsible administrative	3274
officer of the employing unit, for absence due to personal	3275
illness, pregnancy, injury, exposure to contagious disease that	3276
could be communicated to other employees, and illness, injury, or	3277
death in the employee's immediate family. When sick leave is used,	3278
it shall be deducted from the employee's credit on the basis of	3279
absence from previously scheduled work in such increments of an	3280
hour and at such a compensation rate as the director of	3281
administrative services determines. The appointing authority of	3282
each employing unit may require an employee to furnish a	3283
satisfactory, signed statement to justify the use of sick leave.	3284

If, after having utilized the credit provided by this	3285
section, an employee utilizes sick leave that was accumulated	3286
prior to November 15, 1981, compensation for such sick leave used	3287
shall be at a rate as the director determines.	3288

(E)(1) The previously accumulated sick leave balance of an	3289
employee who has been separated from the public service, for which	3290
separation payments pursuant to section 124.384 of the Revised	3291
Code have not been made, shall be placed to the employee's credit	3292
upon the employee's reemployment in the public service, if the	3293
reemployment takes place within ten years of the date on which the	3294
employee was last terminated from public service.	3295

(2) The previously accumulated sick leave balance of an	3296
employee who has separated from a school district shall be placed	3297
to the employee's credit upon the employee's appointment as an	3298
unclassified employee of the state department of education, if all	3299
of the following apply:	3300

(a) The employee accumulated the sick leave balance while	3301
employed by the school district.	3302

(b) The employee did not receive any separation payments for	3303
the sick leave balance.	3304

(c) The employee's employment with the department takes place	3305
within ten years after the date on which the employee separated	3306
from the school district.	3307

(F) An employee who transfers from one public agency to	3308
another shall be credited with the unused balance of the	3309
employee's accumulated sick leave.	3310

(G) The director of administrative services shall establish	3311
procedures to uniformly administer this section. No sick leave may	3312
be granted to a state employee upon or after the employee's	3313
retirement or termination of employment.	3314

(H) As used in this division, "active payroll" means	3315
conditions under which an employee is in active pay status or	3316
eligible to receive pay for an approved leave of absence,	3317
including, but not limited to, occupational injury leave,	3318
disability leave, or workers' compensation.	3319

(1) Employees who are in active payroll status on June 18,	3320
2011, shall receive a one-time credit of additional sick leave in	3321
the pay period that begins on July 1, 2011. Full-time employees	3322
shall receive the lesser of either a one-time credit of thirty-two	3323
hours of additional sick leave or a one-time credit of additional	3324
sick leave equivalent to half the hours of personal leave the	3325
employee lost during the moratorium established under either	3326
division (A) of section 124.386 of the Revised Code or pursuant to	3327
a rule of the director of administrative services. Part-time	3328
employees shall receive a one-time credit of sixteen hours of	3329
additional sick leave.	3330

(2) Employees who are not in active payroll status due to	3331
military leave or an absence taken in accordance with the federal	3332
"Family and Medical Leave Act" are eligible to receive the	3333
one-time additional sick leave credit.	3334

(3) The one-time additional sick leave credit does not apply	3335
to employees of the supreme court, general assembly, legislative	3336
service commission, secretary of state, auditor of state,	3337
treasurer of state, or attorney general unless the supreme court,	3338
general assembly, legislative service commission, secretary of	3339
state, auditor of state, treasurer of state, or attorney general	3340
participated in the moratorium under division (H) or (I) of	3341
section 124.386 of the Revised Code and notifies in writing the	3342
director of administrative services on or before June 1, 2011, of	3343
the decision to participate in the one-time additional sick leave	3344
credit. Written notice under this division shall be signed by the	3345
appointing authority for employees of the supreme court, general	3346
assembly, or legislative service commission, as the case may be.	3347

Sec. 124.388. (A) AnExcept as otherwise provided in	3348
division (C) of this section, an appointing authority may, in its	3349
discretion, place an employee on administrative leave with pay.	3350
Administrative leave with pay is to be used only in circumstances	3351
where the health or safety of an employee or of any person or	3352
property entrusted to the employee's care could be adversely	3353
affected. Compensation for administrative leave with pay shall be	3354
equal to the employee's base rate of pay. The length of	3355
administrative leave with pay is solely at the discretion of the	3356
appointing authority, but shall not exceed the length of the	3357
situation for which the leave was granted. An appointing authority	3358
may also grant administrative leave with pay of two days or less	3359
for employees who are moved in accordance with section 124.33 of	3360
the Revised Code.	3361

(B) AnExcept as otherwise provided in division (C) of this	3362
section, an appointing authority may, in its discretion, place an	3363
employee on administrative leave without pay for a period not to	3364
exceed two months, if the employee has been charged with a	3365
violation of law that is punishable as a felony. If the employee	3366
subsequently does not plead guilty to or is not found guilty of a	3367
felony with which the employee is charged or any other felony, the	3368
appointing authority shall pay the employee at the employee's base	3369
rate of pay, plus interest, for the period the employee was on the	3370
unpaid administrative leave.	3371

(C) An appointing authority that is a city school district	3372
may place an employee on administrative leave in accordance with	3373
the policy the board of education of the district adopts pursuant	3374
to section 3319.141 of the Revised Code.	3375

Sec. 124.39. As used in this section, "retirement" means	3376
disability or service retirement under any state or municipal	3377
retirement system in this state.	3378

(A)(1) Except as provided in division (A)(3) of this section,	3379
an employee of a state college or university may elect, at the	3380
time of retirement from active service and with ten or more years	3381
of service with the state or any of its political subdivisions, to	3382
be paid in cash for one-fourth of the value of the employee's	3383
accrued but unused sick leave credit. Such payment shall be based	3384
on the employee's rate of pay at the time of retirement. Payment	3385
for sick leave on this basis shall be considered to eliminate all	3386
sick leave credit accrued by the employee at that time. Such	3387
payment shall be made only once to any employee. The maximum	3388
payment which may be made under this division shall be for	3389
one-fourth of one hundred twenty days.	3390

(2) A state college or university may adopt a policy allowing	3391
an employee to receive payment for more than one-fourth the value	3392
of the employee's unused sick leave or for more than the aggregate	3393
value of thirty days of the employee's unused sick leave, or	3394
allowing the number of years of service to be less than ten.	3395

(3) Notwithstanding the provisions of division (A)(1) of this	3396
section, any employee who retired from the university of	3397
Cincinnati on or after September 25, 1978, and on or before	3398
November 15, 1981, may be paid in cash for up to one-half of the	3399
value of the employee's accrued but unused sick leave credit up to	3400
a maximum of sixty days if the employee otherwise meets the	3401
service and other requirements necessary to receive such payment	3402
and if any such payment has deducted from it any amount previously	3403
paid to the employee from the employee's accrued but unused sick	3404
leave credit at the time of the employee's retirement.	3405

(B) Except as provided in division (C) of this section, an	3406
employee of a political subdivision covered by section 124.38 or	3407
3319.141 of the Revised Code may elect, at the time of retirement	3408
from active service with the political subdivision, and with ten	3409
or more years of service with the state, any political	3410
subdivisions, or any combination thereof, to be paid in cash for	3411
one-fourth the value of the employee's accrued but unused sick	3412
leave credit. The payment shall be based on the employee's rate of	3413
pay at the time of retirement and eliminates all sick leave credit	3414
accrued but unused by the employee at the time payment is made. An	3415
employee may receive one or more payments under this division, but	3416
the aggregate value of accrued but unused sick leave credit that	3417
is paid shall not exceed, for all payments, the value of thirty	3418
days of accrued but unused sick leave.	3419

(C) A political subdivision may adopt a policy allowing an	3420
employee to receive payment for more than one-fourth the value of	3421
the employee's unused sick leave or for more than the aggregate	3422
value of thirty days of the employee's unused sick leave, or	3423
allowing the number of years of service to be less than ten. The	3424
political subdivision may also adopt a policy permitting an	3425
employee to receive payment upon a termination of employment other	3426
than retirement or permitting more than one payment to any	3427
employee. Any policy adopted under this division by a political	3428
subdivision that is a city school district shall comply with the	3429
policy the board of education of the district adopts pursuant to	3430
section 3319.141 of the Revised Code.	3431

Notwithstanding section 325.17 or any other section of the	3432
Revised Code authorizing any appointing authority of a county	3433
office, department, commission, or board to set compensation, any	3434
modification of the right provided by division (B) of this	3435
section, and any policy adopted under division (C) of this	3436
section, shall only apply to a county office, department,	3437
commission, or board if it is adopted in one of the following	3438
ways:	3439

(1) By resolution of the board of county commissioners for	3440
any office, department, commission, or board that receives at	3441
least one-half of its funding from the county general revenue	3442
fund;	3443

(2) By order of any appointing authority of a county office,	3444
department, commission, or board that receives less than one-half	3445
of its funding from the county general revenue fund. Such office,	3446
department, commission, or board shall provide written notice to	3447
the board of county commissioners of such order.	3448

(3) As part of a collective bargaining agreement.

3449

A political subdivision may adopt policies similar to the	3450
provisions contained in sections 124.382 to 124.386 of the Revised	3451
Code.	3452

Sec. 124.81. (A) Except as provided in division (F) of this	3453
section, the department of administrative services in consultation	3454
with the superintendent of insurance shall negotiate with and, in	3455
accordance with the competitive selection procedures of Chapter	3456
125. of the Revised Code, contract with one or more insurance	3457
companies authorized to do business in this state, for the	3458
issuance of one of the following:	3459

(1) A policy of group life insurance covering all state	3460
employees who are paid directly by warrant of the state auditor,	3461
including elected state officials;	3462

(2) A combined policy, or coordinated policies of one or more	3463
insurance companies or health insuring corporations in combination	3464
with one or more insurance companies providing group life and	3465
health, medical, hospital, dental, or surgical insurance, or any	3466
combination thereof, covering all such employees;	3467

(3) A policy that may include, but is not limited to,	3468
~~hospitalization, surgical, major medical, dental, vision, and~~	3469
~~medical~~health care~~, disability, hearing aids, prescription drugs~~	3470
benefits, group life, life, sickness, and accident insurance,	3471
group legal services, or a combination of the above benefits for	3472
some or all of the employees paid in accordance with section	3473
124.152 of the Revised Code and for some or all of the employees	3474
listed in divisions (B)(2) and (4) of section 124.14 of the	3475
Revised Code, and their immediate dependents.	3476

(B) The department of administrative services in consultation	3477
with the superintendent of insurance shall negotiate with and, in	3478
accordance with the competitive selection procedures of Chapter	3479
125. of the Revised Code, contract with one or more insurance	3480
companies authorized to do business in this state, for the	3481
issuance of a policy of group life insurance covering all	3482
municipal and county court judges. The amount of such coverage	3483
shall be an amount equal to the aggregate salary set forth for	3484
each municipal court judge in sections 141.04 and 1901.11 of the	3485
Revised Code, and set forth for each county court judge in	3486
sections 141.04 and 1907.16 of the Revised Code.	3487

(C) If a state employee uses all accumulated sick leave and	3488
then goes on an extended medical disability, the policyholder	3489
shall continue at no cost to the employee the coverage of the	3490
group life insurance for such employee for the period of such	3491
extended leave, but not beyond three years.	3492

(D) If a state employee insured under a group life insurance	3493
policy as provided in division (A) of this section is laid off	3494
pursuant to section 124.32 of the Revised Code, such employee by	3495
request to the policyholder, made no later than the effective date	3496
of the layoff, may elect to continue the employee's group life	3497
insurance for the one-year period through which the employee may	3498
be considered to be on laid-off status by paying the policyholder	3499
through payroll deduction or otherwise twelve times the monthly	3500
premium computed at the existing average rate for the group life	3501
case for the amount of the employee's insurance thereunder at the	3502
time of the employee's layoff. The policyholder shall pay the	3503
premiums to the insurance company at the time of the next regular	3504
monthly premium payment for the actively insured employees and	3505
furnish the company appropriate data as to such laid-off	3506
employees. At the time an employee receives written notice of a	3507
layoff, the policyholder shall also give such employee written	3508
notice of the opportunity to continue group life insurance in	3509
accordance with this division. When such laid-off employee is	3510
reinstated for active work before the end of the one-year period,	3511
the employee shall be reclassified as insured again as an active	3512
employee under the group and appropriate refunds for the number of	3513
full months of unearned premium payment shall be made by the	3514
policyholder.	3515

(E) This section does not affect the conversion rights of an	3516
insured employee when the employee's group insurance terminates	3517
under the policy.	3518

(F) Notwithstanding division (A) of this section, the	3519
department may provide benefits equivalent to those that may be	3520
paid under a policy issued by an insurance company, or the	3521
department may, to comply with a collectively bargained contract,	3522
enter into an agreement with a jointly administered trust fund	3523
which receives contributions pursuant to a collective bargaining	3524
agreement entered into between ~~this state, or~~ any ~~of its~~ political	3525
~~subdivisions,~~subdivision of the state and any collective	3526
bargaining representative of the employees of ~~this state or~~ any	3527
political subdivision for the purpose of providing for	3528
self-insurance of all risk in the provision of fringe benefits	3529
similar to those that may be paid pursuant to division (A) of this	3530
section, and the jointly administered trust fund may provide	3531
through the self-insurance method specific fringe benefits as	3532
authorized by the rules of the board of trustees of the jointly	3533
administered trust fund. Any health care benefits provided through	3534
the fund shall be the same as those health care benefits provided	3535
under a contract entered into under division (A) of this section.	3536
The director shall make any contract entered into under division	3537
(A) of this section that provides health care benefits available	3538
to the board of trustees of the jointly administered trust fund.	3539
Amounts from the fund may be used to pay direct and indirect costs	3540
that are attributable to consultants or a third-party	3541
administrator and that are necessary to administer this section.	3542
Benefits provided under this section include~~, but are not limited~~	3543
~~to, hospitalization, surgical care, major medical care,~~	3544
~~disability, dental care, vision care, medical~~health care~~, hearing~~	3545
~~aids, prescription drugs~~benefits, group life insurance, sickness	3546
and accident insurance, group legal services, or a combination of	3547
the above benefits, for the employees and their immediate	3548
dependents.	3549

(G) Notwithstanding any other provision of the Revised Code,	3550
any public employer~~, including the state, and any of its~~that is a	3551
political ~~subdivisions~~subdivision of this state, including, but	3552
not limited to, any county, county hospital, municipal	3553
corporation, township, park district, school district, ~~state~~	3554
~~institution of higher education,~~ public or special district, ~~state~~	3555
~~agency, authority, commission, or board,~~ or any other branch of	3556
public employment that is not the state or a state institution of	3557
higher education, and any collective bargaining representative of	3558
employees of ~~the state or~~ any political subdivision may agree in a	3559
collective bargaining agreement that any mutually agreed fringe	3560
benefit including~~, but not limited to, hospitalization, surgical~~	3561
~~care, major medical care, disability, dental care, vision care,~~	3562
~~medical~~health care~~, hearing aids, prescription drugs~~benefits,	3563
group life insurance, sickness and accident insurance, group legal	3564
services, or a combination thereof, for employees and their	3565
dependents be provided through a mutually agreed upon contribution	3566
to a jointly administered trust fund. Amounts from the fund may be	3567
used to pay direct and indirect costs that are attributable to	3568
consultants or a third-party administrator and that are necessary	3569
to administer this section. The amount, type, and structure of	3570
fringe benefits provided under this division is subject to the	3571
determination of the board of trustees of the jointly administered	3572
trust fund, except that any health care benefits provided through	3573
the fund shall be the same as those health care benefits provided	3574
under a contract entered into between the public employer and the	3575
insurance company providing those benefits. The public employer	3576
shall make that contract available to the board of trustees of the	3577
jointly administered trust fund. Notwithstanding any other	3578
provision of the Revised Code, competitive bidding does not apply	3579
to the purchase of fringe benefits for employees under this	3580
division through a jointly administered trust fund.	3581

(H) A public employer, including the state and any of its	3582
political subdivisions, shall not pay more than eighty per cent of	3583
the cost of the provision of health care benefits pursuant to this	3584
section.	3585

(I) As used in this section, "health care benefits" includes	3586
hospitalization, surgical, major medical, dental, vision, and	3587
medical care, disability, hearing aids, prescription drugs, or a	3588
combination of these benefits.	3589

Sec. 124.82. (A) Except as provided in division (D) of this	3590
section, the department of administrative services, in	3591
consultation with the superintendent of insurance, shall, in	3592
accordance with competitive selection procedures of Chapter 125.	3593
of the Revised Code, contract with an insurance company or a	3594
health plan in combination with an insurance company, authorized	3595
to do business in this state, for the issuance of a policy or	3596
contract of health, medical, hospital, dental, or surgical	3597
benefits, or any combination of those benefits, covering state	3598
employees who are paid directly by warrant of the director of	3599
budget and management, including elected state officials. The	3600
department may fulfill its obligation under this division by	3601
exercising its authority under division (A)(2) of section 124.81	3602
of the Revised Code.	3603

(B) The department may, in addition, in consultation with the	3604
superintendent of insurance, negotiate and contract with health	3605
insuring corporations holding a certificate of authority under	3606
Chapter 1751. of the Revised Code, in their approved service areas	3607
only, for issuance of a contract or contracts of health care	3608
services, covering state employees who are paid directly by	3609
warrant of the director of budget and management, including	3610
elected state officials. The department may enter into contracts	3611
with one or more insurance carriers or health plans to provide the	3612
same plan of benefits, provided that:	3613

(1) The amount of the premium or cost for such coverage	3614
contributed by the state, for an individual or for an individual	3615
and the individual's family, does not exceed that same amount of	3616
the premium or cost contributed by the state under division (A) of	3617
this section;	3618

(2) The employee be permitted to exercise the option as to	3619
which plan the employee will select under division (A) or (B) of	3620
this section, at a time that shall be determined by the	3621
department;	3622

(3) The health insuring corporations do not refuse to accept	3623
the employee, or the employee and the employee's family, if the	3624
employee exercises the option to select care provided by the	3625
corporations;	3626

(4) The employee may choose participation in only one of the	3627
plans sponsored by the department;	3628

(5) The director of health examines and certifies to the	3629
department that the quality and adequacy of care rendered by the	3630
health insuring corporations meet at least the standards of care	3631
provided by hospitals and physicians in that employee's community,	3632
who would be providing such care as would be covered by a contract	3633
awarded under division (A) of this section.	3634

(C) ~~All~~Except as provided in division (F) of this section,	3635
all or any portion of the cost, premium, or charge for the	3636
coverage in divisions (A) and (B) of this section may be paid in	3637
such manner or combination of manners as the department determines	3638
and may include the proration of health care costs, premiums, or	3639
charges for part-time employees.	3640

(D) Notwithstanding division (A) of this section, the	3641
department may provide benefits equivalent to those that may be	3642
paid under a policy or contract issued by an insurance company or	3643
a health plan pursuant to division (A) of this section.	3644

(E) ~~This section does not prohibit the state office of~~	3645
~~collective bargaining from entering into an agreement with an~~	3646
~~employee representative for the purposes of providing fringe~~	3647
~~benefits, including, but not limited to, hospitalization, surgical~~	3648
~~care, major medical care, disability, dental care, vision care,~~	3649
~~medical care, hearing aids, prescription drugs, group life~~	3650
~~insurance, sickness and accident insurance, group legal services~~	3651
~~or other benefits, or any combination of those benefits, to~~	3652
~~employees paid directly by warrant of the director of budget and~~	3653
~~management through a jointly administered trust fund. The~~	3654
~~employer's contribution for the cost of the benefit care shall be~~	3655
~~mutually agreed to in the collectively bargained agreement. The~~	3656
~~amount, type, and structure of fringe benefits provided under this~~	3657
~~division is subject to the determination of the board of trustees~~	3658
~~of the jointly administered trust fund. Notwithstanding any other~~	3659
~~provision of the Revised Code, competitive bidding does not apply~~	3660
~~to the purchase of fringe benefits for employees under this~~	3661
~~division when those benefits are provided through a jointly~~	3662
~~administered trust fund.~~	3663

~~(F)~~ Members of state boards or commissions may be covered by	3664
any policy, contract, or plan of benefits or services described in	3665
division (A) or (B) of this section. Board or commission members	3666
who are appointed for a fixed term and who are compensated on a	3667
per meeting basis, or paid only for expenses, or receive a	3668
combination of per diem payments and expenses shall pay the entire	3669
amount of the premiums, costs, or charges for that coverage.	3670

(F) A state employee who receives insurance under this	3671
section shall pay at least twenty per cent of the cost of the	3672
premium assessed for any insurance policy issued pursuant to this	3673
section that covers health, medical, hospital, or surgical	3674
benefits.	3675

Sec. 124.823. The department of administrative services	3676
shall establish a pilot program under which it includes medical	3677
savings accounts as part of any package of health care benefit	3678
options offered to state employees and state elected officials	3679
paid by warrant of the director of budget and management. Except	3680
for the provisions in divisions (A) and (B) of section 3924.64 of	3681
the Revised Code concerning designation of an administrator, a	3682
medical savings account established as part of the program is	3683
subject to sections 3924.64 to 3924.74 of the Revised Code.	3684

~~The department is not required to offer the medical savings~~	3685
~~account option to any state employee who is covered under a~~	3686
~~collective bargaining agreement entered into pursuant to Chapter~~	3687
~~4117. of the Revised Code, but a medical savings account option~~	3688
~~may be part of a package of health care benefit options offered~~	3689
~~pursuant to a collective bargaining agreement.~~ The department may	3690
limit enrollment in the medical savings account program and may	3691
require state employees enrolled in it to contribute to their	3692
medical savings accounts. The department shall make both	3693
individual and family coverage available through the accounts. The	3694
program shall not increase the cost of providing health insurance	3695
to state employees. The department may end the program at any time	3696
not sooner than two years after it is established, except that the	3697
department may not end the program prior to providing six months'	3698
notice to the speaker of the house of representatives, president	3699
of the senate, minority leader of the house and minority leader of	3700
the senate, and the chairs of the standing committees of the	3701
senate and house of representatives with primary responsibility	3702
for health and insurance legislation.	3703

A state employee who chooses the medical savings account	3704
option shall have any state health, medical, hospital, dental,	3705
surgical, and vision benefits for which the employee is eligible	3706
provided through the medical savings account. The department,	3707
under section 124.81 or 124.82 of the Revised Code, shall contract	3708
for or otherwise provide a high-deductible policy or contract	3709
through which those benefits can be paid.	3710

The employee for whom a medical savings account is opened	3711
shall at the time the account is opened choose an administrator	3712
from a list of administrators designated by the department, one of	3713
which may be the insurer from which the department purchases the	3714
high-deductible policy or contract. If the employee fails to	3715
choose an administrator, the department shall designate an	3716
administrator.	3717

If an elected state official whose term commenced prior to	3718
the establishment of the program elects to participate in the	3719
medical savings account program, participation shall commence at	3720
the beginning of the term following establishment of the program.	3721

Sec. 125.211. (A) There is hereby created in the state	3722
treasury the accrued leave liability fund, for the purpose of	3723
paying both of the following:	3724

(1) The annual cash benefit payable for every hour of unused	3725
sick leave credit that is converted pursuant to section 124.383 of	3726
the Revised Code and for every hour of unused personal leave	3727
credit that is converted pursuant to section 124.386 of the	3728
Revised Code;	3729

(2) Upon separation from state service, the obligation of the	3730
state to compensate its employees, including employees listed in	3731
division (B)(2) or (4) of section 124.14 of the Revised Code ~~and~~	3732
~~employees in bargaining units~~ who do not receive vacation leave,	3733
sick leave, or personal leave under Chapter 124. of the Revised	3734
Code, for unused vacation leave, sick leave, or personal leave	3735
credit. Any interest earned on the balances in the fund shall be	3736
credited to the fund.	3737

(B) In performing the calculations required by section 125.21	3738
of the Revised Code, the director of administrative services shall	3739
charge to the appropriate salary account an amount sufficient to	3740
make the payments provided in division (A) of this section.	3741

(C) The director of administrative services, in consultation	3742
with the director of budget and management, shall develop the	3743
procedures to carry out this section.	3744

(D) Amounts from the accrued leave liability fund may be used	3745
to pay direct and indirect costs that are attributable to	3746
consultants or a third-party administrator and that are necessary	3747
to carry out this section.	3748

Sec. 126.32. (A) Any officer of any state agency may	3749
authorize reimbursement for travel, including the costs of	3750
transportation, for lodging, and for meals to any person who is	3751
interviewing for a position that iswould be classified in pay	3752
range 13 or above in schedule E-1 or schedule E-1 for step seven	3753
only, or is classified in schedule E-2, as prescribed in the	3754
version of section 124.152 of the Revised Code in effect	3755
immediately prior to the effective date of this amendment.	3756

(B) If a person is appointed to a position listed in section	3757
121.03 of the Revised Code, to the position of chairperson of the	3758
industrial commission, adjutant general, chancellor of the Ohio	3759
board of regents, superintendent of public instruction,	3760
chairperson of the public utilities commission of Ohio, or	3761
director of the state lottery commission, to a position holding a	3762
fiduciary relationship to the governor, to a position of an	3763
appointing authority of the department of mental health,	3764
developmental disabilities, or rehabilitation and correction, to a	3765
position of superintendent in the department of youth services, or	3766
to a position under section 122.05 of the Revised Code, and if	3767
that appointment requires a permanent change of residence, the	3768
appropriate state agency may reimburse the person for the person's	3769
actual and necessary expenses, including the cost of in-transit	3770
storage of household goods and personal effects, of moving the	3771
person and members of the person's immediate family residing in	3772
the person's household, and of moving their household goods and	3773
personal effects, to the person's new location.	3774

Until that person moves the person's permanent residence to	3775
the new location, but not for a period that exceeds thirty	3776
consecutive days, the state agency may reimburse the person for	3777
the person's temporary living expenses at the new location that	3778
the person has incurred on behalf of the person and members of the	3779
person's immediate family residing in the person's household. In	3780
addition, the state agency may reimburse that person for the	3781
person's travel expenses between the new location and the person's	3782
former residence during this period for a maximum number of trips	3783
specified by rule of the director of budget and management, but	3784
the state agency shall not reimburse the person for travel	3785
expenses incurred for those trips by members of the person's	3786
immediate family. With the prior written approval of the director,	3787
the maximum thirty-day period for temporary living expenses may be	3788
extended for a person appointed to a position under section 122.05	3789
of the Revised Code.	3790

The director of development may reimburse a person appointed	3791
to a position under section 122.05 of the Revised Code for the	3792
person's actual and necessary expenses of moving the person and	3793
members of the person's immediate family residing in the person's	3794
household back to the United States and may reimburse a person	3795
appointed to such a position for the cost of storage of household	3796
goods and personal effects of the person and the person's	3797
immediate family while the person is serving outside the United	3798
States, if the person's office outside the United States is the	3799
person's primary job location.	3800

(C) All reimbursement under division (A) or (B) of this	3801
section shall be made in the manner, and at rates that do not	3802
exceed those, provided by rule of the director of budget and	3803
management in accordance with section 111.15 of the Revised Code.	3804
Reimbursements may be made under division (B) of this section	3805
directly to the persons who incurred the expenses or directly to	3806
the providers of goods or services the persons receive, as	3807
determined by the director of budget and management.	3808

Sec. 141.01. Except as provided in section 141.011 of the	3809
Revised Code, the annual salaries of the elective executive	3810
officers of the state are as follows:	3811

(A) Governor, one hundred twenty-two thousand eight hundred	3812
twelve dollars;	3813

(B) Lieutenant governor, sixty-four thousand three hundred	3814
seventy-five dollars;	3815

(C) Secretary of state, ninety thousand seven hundred	3816
twenty-five dollars;	3817

(D) Auditor of state, ninety thousand seven hundred	3818
twenty-five dollars;	3819

(E) Treasurer of state, ninety thousand seven hundred	3820
twenty-five dollars;	3821

(F) Attorney general, ninety thousand seven hundred	3822
twenty-five dollars.	3823

~~These salaries shall be paid according to the schedule~~	3824
~~established in division (B) of section 124.15 of the Revised Code.~~	3825
Upon the death of an elected executive officer of the state listed	3826
in divisions (A) to (F) of this section during the officer's term	3827
of office, an amount shall be paid in accordance with section	3828
2113.04 of the Revised Code, or to the officer's estate. The	3829
amount shall equal the amount of the salary that the officer would	3830
have received during the remainder of the officer's unexpired term	3831
or an amount equal to the salary of the office held for two years,	3832
whichever is less.	3833

Unless a higher salary is explicitly established by statute,	3834
no officer or employee elected or appointed, and no officer or	3835
employee of any state agency or state-assisted institution except	3836
a state institution of higher education or the Ohio board of	3837
regents for the positions of chancellor and vice chancellor for	3838
health affairs, shall be paid as an officer or employee, whether	3839
from appropriated or nonappropriated funds, a total salary that	3840
exceeds fifty-five thousand dollars per calendar year. This	3841
paragraph does not apply to the salaries of individuals holding or	3842
appointed to endowed academic chairs or endowed academic	3843
professorships at a state-supported institution of higher	3844
education or to the salaries of individuals that would have been	3845
paid under schedule C prescribed in the version of section 124.15	3846
of the Revised Code in effect immediately prior to the effective	3847
date of this amendment or under schedule E-2 prescribed in the	3848
version of section 124.152 of the Revised Code in effect	3849
immediately prior to the effective date of this amendment.	3850

Sec. 141.02. (A) The salaries of the adjutant general, the	3851
assistant adjutant general for army, the assistant adjutant	3852
general for air, and the assistant quartermaster general shall be	3853
paid according to ~~divisions~~division (B) ~~and (H)~~ of section 124.15	3854
of the Revised Code.	3855

(B) The adjutant general, the assistant adjutant general for	3856
army, the assistant adjutant general for air, and the assistant	3857
quartermaster general shall receive the basic allowances for	3858
quarters and for subsistence of their rank according to the pay at	3859
the time prescribed for the armed forces of the United States,	3860
except that the assistant adjutant general for air shall not	3861
receive flying pay. The adjutant general shall not receive any	3862
flying pay, even if the adjutant general is an officer in the air	3863
national guard.	3864

(C) The adjutant general, assistant adjutant general for	3865
army, and the assistant adjutant general for air may take a leave	3866
of absence from their respective positions without loss of pay for	3867
the time they are performing service in the uniformed service as	3868
required by their federally recognized officer status. These	3869
positions shall not accrue leave as other permanent state	3870
employees do but shall accrue leave and record usage of leave as	3871
if these positions were those of the administrative department	3872
heads listed in section 121.03 of the Revised Code.	3873

(D) If the assistant quartermaster general is a federally	3874
recognized officer, the assistant quartermaster general may take a	3875
leave of absence from the position without loss of pay for the	3876
time the assistant quartermaster general is performing service in	3877
the uniformed service as required by the person's federally	3878
recognized officer status and the assistant quartermaster general	3879
shall not accrue leave as other permanent state employees do but	3880
shall accrue leave and record usage of leave as if the assistant	3881
quartermaster general were an administrative department head	3882
listed in section 121.03 of the Revised Code. If the assistant	3883
quartermaster general is not a federally recognized officer, the	3884
assistant quartermaster general shall accrue leave as other	3885
permanent state employees do.	3886

(E) Notwithstanding Chapter 102. of the Revised Code and any	3887
other provision of law, the adjutant general, assistant adjutant	3888
general for army, assistant adjutant general for air, and	3889
assistant quartermaster general may retain, in addition to any	3890
state compensation, any federal pay, allowances, and compensation	3891
received because of any federally recognized officer status.	3892

Sec. 145.012. (A) "Public employee," as defined in division	3893
(A) of section 145.01 of the Revised Code, does not include any	3894
person:	3895

(1) Who is employed by a private, temporary-help service and	3896
performs services under the direction of a public employer or is	3897
employed on a contractual basis as an independent contractor under	3898
a personal service contract with a public employer;	3899

(2) Who is an emergency employee serving on a temporary basis	3900
in case of fire, snow, earthquake, flood, or other similar	3901
emergency;	3902

(3) Who is employed in a program established pursuant to the	3903
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	3904
1501;	3905

(4) Who is an appointed member of either the motor vehicle	3906
salvage dealers board or the motor vehicle dealer's board whose	3907
rate and method of payment are determined pursuant to division	3908
~~(J)~~(A) of section 124.15 of the Revised Code;	3909

(5) Who is employed as an election worker and paid less than	3910
five hundred dollars per calendar year for that service;	3911

(6) Who is employed as a firefighter in a position requiring	3912
satisfactory completion of a firefighter training course approved	3913
under former section 3303.07 or section 4765.55 of the Revised	3914
Code or conducted under section 3737.33 of the Revised Code except	3915
for the following:	3916

(a) Any firefighter who has elected under section 145.013 of	3917
the Revised Code to remain a contributing member of the public	3918
employees retirement system;	3919

(b) Any firefighter who was eligible to transfer from the	3920
public employees retirement system to the Ohio police and fire	3921
pension fund under section 742.51 or 742.515 of the Revised Code	3922
and did not elect to transfer;	3923

(c) Any firefighter who has elected under section 742.516 of	3924
the Revised Code to transfer from the Ohio police and fire pension	3925
fund to the public employees retirement system.	3926

(7) Who is a member of the board of health of a city or	3927
general health district, which pursuant to sections 3709.051 and	3928
3709.07 of the Revised Code includes a combined health district,	3929
and whose compensation for attendance at meetings of the board is	3930
set forth in division (B) of section 3709.02 or division (B) of	3931
section 3709.05 of the Revised Code, as appropriate;	3932

(8) Who participates in an alternative retirement plan	3933
established under Chapter 3305. of the Revised Code;	3934

(9) Who is a member of the board of directors of a sanitary	3935
district established under Chapter 6115. of the Revised Code;	3936

(10) Who is a member of the unemployment compensation	3937
advisory council.	3938

(B) No inmate of a correctional institution operated by the	3939
department of rehabilitation and correction, no patient in a	3940
hospital for the mentally ill or criminally insane operated by the	3941
department of mental health, no resident in an institution for the	3942
mentally retarded operated by the department of developmental	3943
disabilities, no resident admitted as a patient of a veterans'	3944
home operated under Chapter 5907. of the Revised Code, and no	3945
resident of a county home shall be considered as a public employee	3946
for the purpose of establishing membership or calculating service	3947
credit or benefits under this chapter. Nothing in this division	3948
shall be construed to affect any service credit attained by any	3949
person who was a public employee before becoming an inmate,	3950
patient, or resident at any institution listed in this division,	3951
or the payment of any benefit for which such a person or such a	3952
person's beneficiaries otherwise would be eligible.	3953

Sec. 145.47. (A) Each public employee who is a contributor	3954
to the public employees retirement system shall contribute eight	3955
per cent of the contributor's earnable salary to the employees'	3956
savings fund, except that the public employees retirement board	3957
may raise the contribution rate to a rate not greater than ten per	3958
cent of the employee's earnable salary.	3959

The contributions required under this section shall not be	3960
paid by an employer on an employee's behalf, but may be treated as	3961
employer contributions for purposes of state and federal income	3962
tax deferred income provisions.	3963

(B) The head of each state department, institution, board,	3964
and commission, and the fiscal officer of each local authority	3965
subject to this chapter, shall deduct from the earnable salary of	3966
each contributor on every payroll of such contributor for each	3967
payroll period subsequent to the date of coverage, an amount equal	3968
to the applicable per cent of the contributor's earnable salary.	3969
The head of each state department and the fiscal officer of each	3970
local authority subject to this chapter shall transmit promptly to	3971
the system a report of contributions at such intervals and in such	3972
form as the system shall require, showing thereon all deductions	3973
for the system made from the earnable salary of each contributor	3974
employed, together with warrants, checks, or electronic payments	3975
covering the total of such deductions. A penalty shall be added	3976
when such report, together with warrants, checks, or electronic	3977
payments to cover the total amount due from the earnable salary of	3978
all amenable employees of such employer, is filed thirty or more	3979
days after the last day of such reporting period. The system,	3980
after making a record of all receipts under this division, shall	3981
deposit the receipts with the treasurer of state for use as	3982
provided by this chapter.	3983

(C) Unless the board adopts a rule under division (D) of this	3984
section, the penalty described in division (B) of this section for	3985
failing to timely transmit a report, pay the total amount due, or	3986
both is as follows:	3987

(1) At least one but not more than ten days past due, an	3988
amount equal to one per cent of the total amount due;	3989

(2) At least eleven but not more than thirty days past due,	3990
an amount equal to two and one-half per cent of the total amount	3991
due;	3992

(3) Thirty-one or more days past due, an amount equal to five	3993
per cent of the total amount due.	3994

The penalty described in this division shall be added to and	3995
collected on the next succeeding regular employer billing.	3996
Interest at a rate set by the retirement board shall be charged on	3997
the amount of the penalty in case such penalty is not paid within	3998
thirty days after it is added to the regular employer billing.	3999

(D) The board may adopt rules to establish penalties in	4000
amounts that do not exceed the amounts specified in divisions	4001
(C)(1) to (3) of this section.	4002

(E) In addition to the periodical reports of deduction	4003
required by this section, the fiscal officer of each local	4004
authority subject to this chapter shall submit to the system at	4005
least once each year a complete listing of all noncontributing	4006
appointive employees. Where an employer fails to transmit	4007
contributions to the system, the system may make a determination	4008
of the employees' liability for contributions and certify to the	4009
employer the amounts due for collection in the same manner as	4010
payments due the employers' accumulation fund. Any amounts so	4011
collected shall be held in trust pending receipt of a report of	4012
contributions for such public employees for the period involved as	4013
provided by law and, thereafter, the amount in trust shall be	4014
transferred to the employees' savings fund to the credit of the	4015
employees. Any amount remaining after the transfer to the	4016
employees' savings fund shall be transferred to the employers'	4017
accumulation fund as a credit of such employer.	4018

(F) The fiscal officer of each local authority subject to	4019
this chapter shall require each new contributor to submit to the	4020
system a detailed report of all the contributor's previous service	4021
as a public employee along with such other facts as the board	4022
requires for the proper operation of the system.	4023

(G) Any member who, because of the member's own illness,	4024
injury, or other reason which may be approved by the member's	4025
employer is prevented from making the member's contribution to the	4026
system for any payroll period, may pay such deductions as a back	4027
payment within one year.	4028

Sec. 175.05. (A) The Ohio housing finance agency shall do all	4029
of the following related to the agency's operation:	4030

(1) Adopt bylaws for the conduct of its business;

4031

(2) Employ and fix the compensation of an executive director	4032
who serves at the pleasure of the agency to administer the	4033
agency's programs and activities. The executive director may	4034
employ and fix the compensation of employees in the unclassified	4035
civil service as necessary to carry out this chapter ~~and may~~	4036
~~employ other personnel who are governed by collective bargaining~~	4037
~~law and classified under that law~~. The executive director shall	4038
file financial disclosure statements as described in section	4039
102.02 of the Revised Code.	4040

(3) Establish an operating budget for the agency and	4041
administer funds appropriated for the agency's use;	4042

(4) Notwithstanding any other provision of the Revised Code,	4043
hold all moneys, funds, properties, and assets the agency acquires	4044
or that are directly or indirectly within the agency's control,	4045
including proceeds from the sale of bonds, revenues, and	4046
otherwise, in trust for the purpose of exercising its powers and	4047
carrying out its duties pursuant to this chapter. Notwithstanding	4048
any other provision of the Revised Code other than section 175.051	4049
of the Revised Code, at no time shall the agency's moneys, funds,	4050
properties, or assets be considered public moneys, public funds,	4051
public properties, or public assets or subject to Chapters 131.	4052
and 135. of the Revised Code.	4053

(5) Maintain a principal office and other offices within the	4054
state.	4055

(B) The Ohio housing finance agency may do any of the	4056
following related to the agency's operation:	4057

(1) Except as otherwise provided in section 174.04 of the	4058
Revised Code, determine income limits for low- and moderate-income	4059
persons and establish periodic reviews of income limits. In	4060
determining income limits, the agency shall take into	4061
consideration the amount of income available for housing, family	4062
size, the cost and condition of available housing, ability to pay	4063
the amounts the private market charges for decent, safe, and	4064
sanitary housing without federal subsidy or state assistance, and	4065
the income eligibility standards of federal programs. Income	4066
limits may vary from area to area within the state.	4067

(2) Provide technical information, advice, and assistance	4068
related to obtaining federal and state aid to assist in the	4069
planning, construction, rehabilitation, refinancing, and operation	4070
of housing;	4071

(3) Provide information, assistance, or instruction	4072
concerning agency programs, eligibility requirements, application	4073
procedures, and other related matters;	4074

(4) Procure or require the procurement of insurance and pay	4075
the premium against loss in connection with the agency's	4076
operations, to include the repayment of a loan, in amounts and	4077
from insurers, including the federal government, as the agency	4078
determines;	4079

(5) Contract with, retain, or designate financial	4080
consultants, accountants, and other consultants and independent	4081
contractors, other than attorneys, whom the agency determines are	4082
necessary or appropriate;	4083

(6) Charge, alter, and collect interest and other charges for	4084
program services including, but not limited to, the allocation of	4085
loan funds, the purchase of mortgage loans, and the provision of	4086
services that include processing, inspecting, and monitoring of	4087
housing units financed and the financial records for those units;	4088

(7) Conduct or authorize studies and analyses of housing	4089
needs and conditions to the extent that those activities are not	4090
carried out by other agencies in a manner that is satisfactory for	4091
the agency's needs;	4092

(8)(a) Acquire by gift, purchase, foreclosure, investment, or	4093
other means, and hold, assign, pledge, lease, transfer, or	4094
otherwise dispose of real and personal property or any interest in	4095
that property in the exercise of its powers and the performance of	4096
its duties;	4097

(b) Any instrument by which real property is acquired	4098
pursuant to this section shall identify the state agency that has	4099
the use and benefit of the real property as specified in section	4100
5301.012 of the Revised Code.	4101

(9)(a) Borrow money, receive gifts, grants, loans, or other	4102
assistance from any federal, state, local, or other government	4103
source, including the housing development fund and the housing	4104
trust fund, and enter into contracts in connection with those	4105
sources of assistance;	4106

(b) Receive assistance or contributions from any	4107
nongovernment source to include money, property, labor, or things	4108
of value, to be held, used, and applied only for the purposes for	4109
which the grants and contributions are made and within the	4110
purposes of this chapter.	4111

(10) Sue and be sued in its own name with respect to its	4112
contracts, obligations, and covenants, or the enforcement of this	4113
chapter. Any actions against the agency shall be brought in a	4114
court of competent jurisdiction located in Franklin county, Ohio.	4115

(11) Enter into any contract, commitment, or agreement and	4116
execute any instrument necessary or incidental to the performance	4117
of duties and the execution of powers;	4118

(12) Adopt an official seal;

4119

(13)(a) Contract with any private or government entity to	4120
administer programs for which the agency receives sufficient	4121
revenues for its services or the agency supports with uncommitted	4122
agency resources that pay the agency's operating costs;	4123

(b) Administer state and federal programs for which the	4124
governor designates the agency to act as administrator. The agency	4125
may charge administrative fees to the state, the federal	4126
government, or a program recipient.	4127

(14) Notwithstanding any other provision of the Revised Code,	4128
establish, maintain, administer, and close funds and accounts as	4129
convenient or appropriate to the agency's operations;	4130

(15) Establish a policy to permit the investment of agency	4131
funds in securities and obligations;	4132

(16) Establish rules and procedures that the agency	4133
determines are appropriate to appeal the agency's actions and	4134
decisions;	4135

(17) Serve housing needs in instances that the agency	4136
determines necessary as a public purpose;	4137

(18) Provide coverage for its employees under Chapters 145.,	4138
4123., and 4141. of the Revised Code;	4139

(19) Adopt rules pursuant to Chapter 119. of the Revised	4140
Code;	4141

(20) Do anything necessary or appropriate to exercise the	4142
powers of this chapter and carry out the purposes of this chapter	4143
and Section 14, Article VIII and Section 16, Article VIII, Ohio	4144
Constitution.	4145

(C) The attorney general shall serve as the legal	4146
representative for the Ohio housing finance agency and may appoint	4147
special counsel for that purpose in accordance with section 109.07	4148
of the Revised Code.	4149

Sec. 306.04. (A) Except as otherwise provided in division	4150
(B) of this section, employees of a county transit board or a	4151
board of county commissioners operating a transit system are	4152
employees of the county. If the system is operated by the board of	4153
county commissioners, the board shall appoint an executive	4154
director, who shall be in the unclassified service.	4155

(B) Any county transit board that established its own civil	4156
service organization and procedure prior to ~~the effective date of~~	4157
~~this amendment~~October 25, 1995, shall continue to operate under	4158
that organization. Appointments and promotions in that system	4159
shall be made, as far as practicable, by competitive examination.	4160

A board that established its own civil service organization	4161
prior to ~~the effective date of this amendment~~October 25, 1995,	4162
shall establish by rule the seniority provisions relating to	4163
street railway and motor bus employees in effect at the time of	4164
the acquisition of the transit system by the county. When a	4165
reduction in force is necessary, the board shall not use an	4166
employee's length of service as the only factor to determine	4167
whether to lay off the employee. The vacation, holiday, and sick	4168
leave privileges shall not be regulated by other provisions of law	4169
relating to public employees of the state or county, except that	4170
the transit board, its officers and employees, shall be subject to	4171
the public employees retirement system of the state and the	4172
transit board shall assume any pension obligations which have been	4173
assumed by any publicly owned transit system which the county may	4174
acquire.	4175

(C) A county transit board or board of county commissioners	4176
operating a transit system may:	4177

(1) Acquire in its name by gift, grant, purchase, or	4178
condemnation and hold and operate real estate and interests	4179
therein and personal property suitable for its purposes;	4180

(2) In its name purchase, acquire, construct, enlarge,	4181
improve, equip, repair, maintain, sell, exchange, lease as lessee	4182
or lessor, receive a right of use of, and manage, control, and	4183
operate, in or out of the county, a county transit system	4184
consisting of all real estate and interests therein, personal	4185
property, and a combination thereof, for or related to the	4186
movement of persons including but not limited to street railway,	4187
tramline, subways, rapid transits, monorails, and passenger bus	4188
systems but excluding therefrom trucks, the movement of property	4189
by truck, and facilities designed for use in the movement of	4190
property by truck for hire;	4191

(3) Issue, with the approval of the county commissioners when	4192
the issuance is made by the transit board, revenue bonds of the	4193
county as provided in division (B) of section 306.09 of the	4194
Revised Code, to secure funds to accomplish its purposes. The	4195
principal of and interest on such bonds, together with all other	4196
payments required to be made by the trust agreement or indenture	4197
securing such bonds, shall be paid solely from revenues or other	4198
income accruing to the board from facilities of the county transit	4199
system designated in said agreement or indenture.	4200

(4) Enter into contracts in the exercise of the rights,	4201
powers, and duties conferred upon it, and execute all instruments	4202
necessary in the conduct of its business;	4203

(5) Fix, alter, and charge rates and other charges for the	4204
use of its real estate and interests therein, personal property,	4205
and combinations thereof;	4206

(6) Employ such financial consultants, accountants,	4207
appraisers, consulting engineers, architects, construction	4208
experts, attorneys-at-law, managers and other supervisory	4209
personnel, and other officers, employees, and agents as it	4210
determines necessary to conduct its business, and fix their	4211
compensation and duties;	4212

(7) Pledge, hypothecate, or otherwise encumber its revenues	4213
and other income as security for its obligations and enter into	4214
trust agreements or indentures for the benefit of revenue	4215
bondholders;	4216

(8) Borrow money or accept or contract to accept advances,	4217
loans, gifts, grants, devises, or bequests from and enter into	4218
contracts or agreements with any federal, state, or other	4219
governmental or private source and hold and apply advances, loans,	4220
gifts, grants, devises, or bequests according to the terms thereof	4221
including provisions which are required by such federal, state, or	4222
other governmental or private source to protect the interest of	4223
employees affected by such advances, loans, gifts, grants,	4224
devises, or bequests. Such advances, loans, gifts, grants, or	4225
devises may be subject to any reasonable reservation and any gift,	4226
grant, or devise or real estate may be in fee simple or any lesser	4227
estate. Any advances or loans received from any federal, state, or	4228
other governmental or private source may be repaid in accordance	4229
with the terms of such advance or loan.	4230

(9) Conduct investigations and surveys into the needs of the	4231
public within or without the county for transportation services to	4232
provide for the movement of persons within, into, or from the area	4233
serviced or to be serviced by the county transit system;	4234

(10) Enter into lawful arrangements with the appropriate	4235
federal or state department or agency, county, township, municipal	4236
corporation, or other political subdivision or public agency for	4237
the planning and installation of any public facilities which are	4238
determined necessary in the conduct of its business;	4239

(11) Purchase fire, extended coverage, and liability	4240
insurance for the real estate and interests therein, personal	4241
property and any combination thereof, used by or in connection	4242
with the county transit system and insurance covering the board	4243
and the county transit system and its officers and employees for	4244
liability for damage or injury to persons or property;	4245

(12) Procure and pay all or any part of the cost of group	4246
hospitalization, surgical, major medical, or sickness and accident	4247
insurance, or a combination thereof, for the officers and	4248
employees of the county transit system and their immediate	4249
dependents, issued by an insurance company, duly authorized to do	4250
business in this state;	4251

(13) Sell, lease, release, or otherwise dispose of real	4252
estate or interests therein or personal property owned by it and	4253
grant such easements across its real estate and interests therein	4254
as will not interfere with its use by the county transit system;	4255

(14) Establish rules for the use and operation of the county	4256
transit system including the real estate or interests therein,	4257
personal property or a combination of the foregoing used by or in	4258
connection with such system;	4259

(15) Exercise the power of eminent domain to appropriate any	4260
real estate or interests therein, personal property, franchises,	4261
or any combination thereof, within or without the county,	4262
necessary or proper in the exercise of its powers provided in	4263
sections 306.01 to 306.13 of the Revised Code, as provided in	4264
sections 163.01 to 163.22 of the Revised Code, and subject to	4265
divisions (15)(a), (b), and (c) of this section, provided that a	4266
county transit board or a board of county commissioners operating	4267
a transit system shall not proceed to so appropriate real property	4268
outside its territorial boundaries, until it has served at the	4269
office of the county commissioners of the county in which it is	4270
proposed to appropriate real property, a notice describing the	4271
real property to be taken and the purpose for which it is proposed	4272
to be taken, and such county commissioners have entered on their	4273
journal within thirty days after such service a resolution	4274
approving such appropriation;	4275

(a) Nothing contained in this division authorizes a county	4276
transit board or a board of county commissioners to appropriate	4277
any land, rights, rights-of-way, franchises, or easements	4278
belonging to the state or to a municipal corporation without the	4279
consent of the state or of the municipal corporation, and no	4280
county transit board or board of county commissioners shall	4281
exercise the right of eminent domain to acquire any certificate of	4282
public convenience and necessity, or any part thereof, issued to a	4283
motor transportation company by the public utilities commission of	4284
Ohio or by the interstate commerce commission of the United	4285
States, or to take or disturb other real estate or interests	4286
therein, personal property, or any combination thereof belonging	4287
to any municipal corporation without the consent of the	4288
legislative authority of such municipal corporation, or take or	4289
disturb real estate or interests therein, personal property, or	4290
any combination thereof belonging to any other political	4291
subdivision, public corporation, public utility, or common	4292
carrier, which is necessary and convenient in the operation of	4293
such political subdivision, public corporation, public utility, or	4294
common carrier unless provision is made for the restoration,	4295
relocation, or duplication of that taken or upon the election of	4296
such political subdivision, public corporation, public utility, or	4297
common carrier for the payment of compensation, if any, at the	4298
sole cost of the county transit system.	4299

(b) If any restoration or duplication proposed to be made	4300
under this division involves a relocation, the new location shall	4301
have at least comparable utilitarian value and effectiveness, and	4302
such relocation shall not impair the ability of the public utility	4303
or common carrier to compete in its original area of operation.	4304

(c) If such restoration or duplication proposed to be made	4305
under this division involves a relocation, the county transit	4306
board or board of county commissioners shall acquire no interest	4307
or right in or to the appropriated property or facility until the	4308
relocated property or facility is available for use and until	4309
marketable title thereto has been transferred to the political	4310
subdivision, public corporation, public utility, or common	4311
carrier. Nothing in this division shall require any board of	4312
county commissioners or county transit board operating a county	4313
transit system to so restore, relocate, or duplicate, if all of	4314
the real estate and interests therein, personal property, and any	4315
combination of the foregoing which is owned by a public utility or	4316
common carrier and used by it or in connection with the movement	4317
of persons, is acquired by exercise of the power of eminent	4318
domain.	4319

(16) When real property is acquired that is located outside	4320
the county and is removed from the tax duplicate, the county	4321
transit board or board of county commissioners operating a transit	4322
system shall pay annually to the county treasurer of the county in	4323
which that property is located, commencing with the first tax year	4324
in which that property is removed from the tax duplicate, an	4325
amount of money in lieu of taxes equal to the smaller of the	4326
following:	4327

(a) The last annual installment of taxes due from the	4328
acquired property before removal from the tax duplicate;	4329

(b) An amount equal to the difference between the combined	4330
revenue from real estate taxes of all the taxing districts in	4331
which the property is located in the tax year immediately prior to	4332
the removal of the acquired property from the tax duplicate, and	4333
either:	4334

(i) The total revenue which would be produced by the tax rate	4335
of each such taxing district in the tax year immediately prior to	4336
the removal of the acquired property from the tax duplicate,	4337
applied to the real estate tax duplicate of each of such taxing	4338
districts in each tax year subsequent to the year of removal; or	4339

(ii) The combined revenue from real estate taxes of all such	4340
taxing districts in each tax year subsequent to the year of	4341
removal, whichever is the greater.	4342

The county transit board or board of county commissioners may	4343
be exempted from such payment by agreement of the affected taxing	4344
district or districts in the county in which the property is	4345
located.	4346

The county auditor of the county in which that property is	4347
located shall apportion each such annual payment to each taxing	4348
district as if the annual payment had been levied and collected as	4349
a tax.	4350

Those annual payments shall never again be made after they	4351
have ceased.	4352

(17) Sue or be sued, plead or be impleaded, and be held	4353
liable in any court of proper jurisdiction for damages received by	4354
reason of negligence, in the same manner and to the same extent as	4355
if the county transit system were privately operated, provided,	4356
that no funds of a county other than those of the county transit	4357
board or, if the transit system is operated by the board of county	4358
commissioners, other than those in the account for the county	4359
transit system created under division (C) of section 306.01 of the	4360
Revised Code, shall be available for the satisfaction of judgments	4361
rendered against that system;	4362

(18) Annually prepare and make available for public	4363
inspection a report in condensed form showing the financial	4364
results of the operation of the county transit system. For systems	4365
operated by a county transit board, copies of this report shall be	4366
furnished to the county commissioners as well as a monthly summary	4367
statement of revenues and expenses for the preceding month	4368
sufficient to show the exact financial condition of the county	4369
transit system as of the last day of the preceding month.	4370

(19) With the approval of the county commissioners when the	4371
action is taken by the transit board, and without competitive	4372
bidding, sell, lease, or grant the right of use of all or a	4373
portion of the county transit system to any other political	4374
subdivision, taxing district, or other public body or agency	4375
having the power to operate a transit system;	4376

(20) Enter into and supervise franchise agreements for the	4377
operation of a county transit system;	4378

(21) Accept the assignment of and then supervise an existing	4379
franchise agreement for the operation of a county transit system.	4380

Sec. 307.054. (A) The board of trustees of a joint emergency	4381
medical services district shall employ an executive director, who	4382
shall be in the unclassified service, and fix ~~his~~the executive	4383
director's compensation. In addition to that compensation, the	4384
director shall be reimbursed for actual and necessary expenses	4385
incurred in the performance of ~~his~~the executive director's	4386
official duties. The board may enter into an employment contract	4387
with the executive director for a period not to exceed three	4388
years. In the absence of contrary contractual provisions, the	4389
board may remove the director by a majority vote of the full	4390
membership, but only after holding a hearing on the matter if the	4391
director requests such a hearing.	4392

Except as otherwise provided in this division, the board	4393
shall prescribe the director's duties and may authorize the	4394
director to act on its behalf in the performance of its	4395
administrative duties. In addition to those duties prescribed by	4396
the board, the director shall do all the following:	4397

(1) Subject to the board's approval for each contract,	4398
execute contracts on the board's behalf;	4399

(2) Supervise all services provided or contracted for and all	4400
facilities operated or contracted for, and ensure that emergency	4401
medical services are being lawfully administered in conformity	4402
with the Revised Code and the resolution creating the district;	4403

(3) Recommend changes to the board that may increase the	4404
effectiveness of emergency medical services within the district;	4405

(4) Employ persons for all positions authorized by the board	4406
and approve all personnel actions that affect classified	4407
employees;	4408

(5) Approve compensation for employees within the limits set	4409
by the salary schedule and budget established by the board;	4410

(6) Prepare an annual report of the services provided by the	4411
district, including a fiscal accounting, for the board to approve.	4412

(B) Except as otherwise provided in this section, employees	4413
of the district shall be treated the same as county employees for	4414
the purposes of Chapter 124. of the Revised Code and any other	4415
provisions of state law applicable to county employees. Instead of	4416
or in addition to appointing employees of the district, the board	4417
of trustees may contract with one or more of the participating	4418
counties for county employees to serve the district and for the	4419
district to share in their compensation in any manner that may be	4420
agreed upon in the joint resolution creating the district.	4421

(C) For purposes of division (A)(5) of this section, the	4422
board, when establishing a salary schedule, shall require merit to	4423
be the only basis, and the executive director shall use merit as	4424
the only basis, for an employee's progression through the	4425
schedule.	4426

Sec. 339.06. (A) The board of county hospital trustees, upon	4427
completion of construction or leasing and equipping of a county	4428
hospital, shall assume and continue the operation of the hospital.	4429

(B) The board of county hospital trustees shall have the	4430
entire management and control of the county hospital. The board	4431
shall establish such rules for the hospital's government and the	4432
admission of persons as are expedient.	4433

(C) The board of county hospital trustees has control of the	4434
property of the county hospital, including management and disposal	4435
of surplus property other than real estate or an interest in real	4436
estate.	4437

(D) With respect to the use of funds by the board of county	4438
hospital trustees and its accounting for the use of funds, all of	4439
the following apply:	4440

(1) The board of county hospital trustees has control of all	4441
funds used in the county hospital's operation, including moneys	4442
received from the operation of the hospital, moneys appropriated	4443
for its operation by the board of county commissioners, and moneys	4444
resulting from special levies submitted by the board of county	4445
commissioners as provided for in section 5705.22 of the Revised	4446
Code.	4447

(2) Of the funds used in the county hospital's operation, all	4448
or part of any amount determined not to be necessary to meet	4449
current demands on the hospital may be invested by the board of	4450
county hospital trustees or its designee in any classifications of	4451
securities and obligations eligible for deposit or investment of	4452
county moneys pursuant to section 135.35 of the Revised Code,	4453
subject to the approval of the board's written investment policy	4454
by the county investment advisory committee established pursuant	4455
to section 135.341 of the Revised Code.	4456

(3) Annually, not later than sixty days before the end of the	4457
fiscal year used by the county hospital, the board of county	4458
hospital trustees shall submit its proposed budget for the ensuing	4459
fiscal year to the board of county commissioners for that board's	4460
review. The board of county commissioners shall review and approve	4461
the proposed budget by the first day of the fiscal year to which	4462
the budget applies. If the board of county commissioners has not	4463
approved the budget by the first day of the fiscal year to which	4464
the budget applies, the budget is deemed to have been approved by	4465
the board on the first day of that fiscal year.	4466

(4) The board of county hospital trustees shall not expend	4467
funds received from taxes collected pursuant to any tax levied	4468
under section 5705.22 of the Revised Code or the amount	4469
appropriated to the county hospital by the board of county	4470
commissioners in the annual appropriation measure for the county	4471
until its budget for the applicable fiscal year is approved in	4472
accordance with division (C)(3) of this section. At any time the	4473
amount received from those sources differs from the amount shown	4474
in the approved budget, the board of county commissioners may	4475
require the board of county hospital trustees to revise the county	4476
hospital budget accordingly.	4477

(5) Funds under the control of the board of county hospital	4478
trustees may be disbursed by the board, consistent with the	4479
approved budget, for the uses and purposes of the county hospital;	4480
for the replacement of necessary equipment; for the acquisition,	4481
leasing, or construction of permanent improvements to county	4482
hospital property; or for making a donation authorized by division	4483
(E) of this section. Each disbursement of funds shall be made on a	4484
voucher signed by signatories designated and approved by the board	4485
of county hospital trustees.	4486

(6) The head of a board of county hospital trustees is not	4487
required to file an estimate of contemplated revenue and	4488
expenditures for the ensuing fiscal year under section 5705.28 of	4489
the Revised Code unless the board of county commissioners levies a	4490
tax for the county hospital, or such a tax is proposed, or the	4491
board of county hospital trustees desires that the board of county	4492
commissioners make an appropriation to the county hospital for the	4493
ensuing fiscal year.	4494

(7) All moneys appropriated by the board of county	4495
commissioners or from special levies by the board of county	4496
commissioners for the operation of the hospital, when collected	4497
shall be paid to the board of county hospital trustees on a	4498
warrant of the county auditor and approved by the board of county	4499
commissioners.	4500

(8) The board of county hospital trustees shall provide for	4501
the conduct of an annual financial audit of the county hospital.	4502
Not later than thirty days after it receives the final report of	4503
an annual financial audit, the board shall file a copy of the	4504
report with the board of county commissioners.	4505

(E) For the public purpose of improving the health, safety,	4506
and general welfare of the community, the board of county hospital	4507
trustees may donate to a nonprofit entity any of the following:	4508

(1) Moneys and other financial assets determined not to be	4509
necessary to meet current demands on the hospital;	4510

(2) Surplus hospital property, including supplies, equipment,	4511
office facilities, and other property that is not real estate or	4512
an interest in real estate;	4513

(3) Services rendered by the hospital.

4514

(F)(1) For purposes of division (F)(2) of this section:

4515

(a) "Bank" has the same meaning as in section 1101.01 of the	4516
Revised Code.	4517

(b) "Savings and loan association" has the same meaning as in	4518
section 1151.01 of the Revised Code.	4519

(c) "Savings bank" has the same meaning as in section 1161.01	4520
of the Revised Code.	4521

(2) The board of county hospital trustees may enter into a	4522
contract for a secured line of credit with a bank, savings and	4523
loan association, or savings bank if the contract meets all of the	4524
following requirements:	4525

(a) The term of the contract does not exceed one year, except	4526
that the contract may provide for the automatic renewal of the	4527
contract for up to four additional one-year periods if, on the	4528
date of automatic renewal, the aggregate outstanding draws	4529
remaining unpaid under the secured line of credit do not exceed	4530
fifty per cent of the maximum amount that can be drawn under the	4531
secured line of credit.	4532

(b) The contract provides that the bank, savings and loan	4533
association, or savings bank shall not commence a civil action	4534
against the board of county commissioners, any member of the	4535
board, or the county to recover the principal, interest, or any	4536
charges or other amounts that remain outstanding on the secured	4537
line of credit at the time of any default by the board of county	4538
hospital trustees.	4539

(c) The contract provides that no assets other than those of	4540
the county hospital can be used to secure the line of credit.	4541

(d) The terms and conditions of the contract comply with all	4542
state and federal statutes and rules governing the extension of a	4543
secured line of credit.	4544

(3) Any obligation incurred by a board of county hospital	4545
trustees under division (F)(2) of this section is an obligation of	4546
that board only and not a general obligation of the board of	4547
county commissioners or the county within the meaning of division	4548
(Q) of section 133.01 of the Revised Code.	4549

(4) Notwithstanding anything to the contrary in the Revised	4550
Code, the board of county hospital trustees may secure the line of	4551
credit authorized under division (F)(2) of this section by the	4552
grant of a security interest in any part or all of its tangible	4553
personal property and intangible personal property, including its	4554
deposit accounts, accounts receivable, or both.	4555

(5) No board of county hospital trustees shall at any time	4556
have more than one secured line of credit under division (F)(2) of	4557
this section.	4558

(G) The board of county hospital trustees shall establish a	4559
schedule of charges for all services and treatment rendered by the	4560
county hospital. It may provide for the free treatment in the	4561
hospital of soldiers, sailors, and marines of the county, under	4562
such conditions and rules as it prescribes.	4563

(H) The board of county hospital trustees may designate the	4564
amounts and forms of insurance protection to be provided, and the	4565
board of county commissioners shall assist in obtaining such	4566
protection. The expense of providing the protection shall be paid	4567
from hospital operating funds.	4568

(I) The board of county hospital trustees may authorize a	4569
county hospital and each of its units, hospital board members,	4570
designated hospital employees, and medical staff members to be a	4571
member of and maintain membership in any local, state, or national	4572
group or association organized and operated for the promotion of	4573
the public health and welfare or advancement of the efficiency of	4574
hospital administration and in connection therewith to use tax	4575
funds for the payment of dues and fees and related expenses but	4576
nothing in this section prohibits the board from using receipts	4577
from hospital operation, other than tax funds, for the payment of	4578
such dues and fees.	4579

(J) The following apply to the board of county hospital	4580
trustees in relation to its employees and the employees of the	4581
county hospital:	4582

(1) The board shall adopt the wage and salary schedule for	4583
employees.	4584

(2) The board may employ the hospital's administrator	4585
pursuant to section 339.07 of the Revised Code, and the	4586
administrator may employ individuals for the hospital in	4587
accordance with that section.	4588

(3) The board may employ assistants as necessary to perform	4589
its clerical work, superintend properly the construction of the	4590
county hospital, and pay the hospital's expenses. Such employees	4591
may be paid from funds provided for the county hospital.	4592

(4) The board may hire, by contract or as salaried employees,	4593
such management consultants, accountants, attorneys, engineers,	4594
architects, construction managers, and other professional advisors	4595
as it determines are necessary and desirable to assist in the	4596
management of the programs and operation of the county hospital.	4597
Such professional advisors may be paid from county hospital	4598
operating funds.	4599

(5) Notwithstanding section 325.19 of the Revised Code, the	4600
board may grant to employees any fringe benefits the board	4601
determines to be customary and usual in the nonprofit hospital	4602
field in its community, including, but not limited to:	4603

(a) Additional vacation leave with full pay for full-time	4604
employees, including full-time hourly rate employees, after	4605
service of one year;	4606

(b) Vacation leave and holiday pay for part-time employees on	4607
a pro rata basis;	4608

(c) Leave with full pay due to death in the employee's	4609
immediate family, which shall not be deducted from the employee's	4610
accumulated sick leave;	4611

(d) Premium pay for working on holidays listed in section	4612
325.19 of the Revised Code;	4613

(e) Moving expenses for new employees;

4614

(f) Discounts on hospital supplies and services.

4615

(6) The board may provide holiday leave by observing Martin	4616
Luther King day, Washington-Lincoln day, Columbus day, and	4617
Veterans' day on days other than those specified in section 1.14	4618
of the Revised Code.	4619

(7) The board may grant to employees the insurance benefits	4620
authorized by section 339.16 of the Revised Code.	4621

(8) Notwithstanding section 325.19 of the Revised Code, the	4622
board may grant to employees, including hourly rate employees,	4623
such personal holidays as the board determines to be customary and	4624
usual in the hospital field in its community.	4625

(9) The board may provide employee recognition awards and	4626
hold employee recognition dinners.	4627

(10) The board may grant to employees the recruitment and	4628
retention benefits specified under division ~~(K)~~(L) of this	4629
section.	4630

(K) For purposes of division (J)(1) of this section, the	4631
board of county hospital trustees, when establishing a wage and	4632
salary schedule, shall require merit to be the only basis for an	4633
employee's progression through the schedule.	4634

(L) Notwithstanding sections 325.191 and 325.20 of the	4635
Revised Code, the board of county hospital trustees may provide,	4636
without the prior authorization of the board of county	4637
commissioners, scholarships for education in the health care	4638
professions, tuition reimbursement, and other staff development	4639
programs to enhance the skills of health care professionals for	4640
the purpose of recruiting or retaining qualified employees.	4641

The board of county hospital trustees may pay reasonable	4642
expenses for recruiting or retaining physicians and other	4643
appropriate health care practitioners.	4644

~~(L)~~(M) The board of county hospital trustees may retain	4645
counsel and institute legal action in its own name for the	4646
collection of delinquent accounts. The board may also employ any	4647
other lawful means for the collection of delinquent accounts.	4648

Sec. 339.07. (A) The board of county hospital trustees shall	4649
provide for the administration of the county hospital by directly	4650
employing a hospital administrator or by entering into a contract	4651
for the management of the hospital under which an administrator is	4652
provided. When an administrator is employed directly, the board	4653
shall adopt a job description delineating the administrator's	4654
powers and duties and the board may pay the administrator's salary	4655
and other benefits from funds provided for the hospital.	4656

(B) During the construction and equipping of the hospital,	4657
the administrator shall act in an advisory capacity to the board	4658
of county hospital trustees. After the hospital is completed, the	4659
administrator shall serve as the chief executive officer and shall	4660
carry out the administration of the county hospital according to	4661
the policies set forth by the board.	4662

The administrator shall administer the county hospital, make	4663
reports, and take any other action that the administrator	4664
determines is necessary for the operation of the hospital.	4665

At the end of each fiscal year, the administrator shall	4666
submit to the board a complete financial statement showing the	4667
receipts, revenues, and expenditures in detail for the entire	4668
fiscal year.	4669

The administrator shall ensure that the hospital has such	4670
physicians, nurses, and other employees as are necessary for the	4671
proper care, control, and management of the county hospital and	4672
its patients. The physicians, nurses, and other employees may be	4673
suspended or removed by the administrator at any time the welfare	4674
of the hospital warrants suspension or removal. The administrator	4675
may obtain physicians, nurses, and other employees by direct	4676
employment, entering into contracts, or granting authority to	4677
practice in the hospital. Persons employed directly shall be in	4678
the unclassified civil service, pursuant to section 124.11 of the	4679
Revised Code. If the board delegates to the administrator the	4680
authority to fix employee compensation in accordance with the wage	4681
and salary schedule established by the board under section 339.06	4682
of the Revised Code, the administrator shall use merit as the only	4683
basis for an employee's progression through that schedule.	4684

Sec. 340.04. (A) In addition to such other duties as may be	4685
lawfully imposed, the executive director of a board of alcohol,	4686
drug addiction, and mental health services shall:	4687

~~(A)~~(1) Serve as executive officer of the board and subject to	4688
the prior approval of the board for each contract, execute	4689
contracts on its behalf;	4690

~~(B)~~(2) Supervise services and facilities provided, operated,	4691
contracted, or supported by the board to the extent of determining	4692
that programs are being administered in conformity with this	4693
chapter and rules of the director of mental health and the	4694
department of alcohol and drug addiction services;	4695

~~(C)~~(3) Provide consultation to agencies, associations, or	4696
individuals providing services supported by the board;	4697

~~(D)~~(4) Recommend to the board the changes necessary to	4698
increase the effectiveness of mental health services and alcohol	4699
and drug addiction services and other matters necessary or	4700
desirable to carry out this chapter;	4701

~~(E)~~(5) Employ and remove from office such employees and	4702
consultants in the classified civil service and, subject to the	4703
approval of the board, employ and remove from office such other	4704
employees and consultants as may be necessary for the work of the	4705
board, and fix their compensation and reimbursement within the	4706
limits set by the salary schedule and the budget approved by the	4707
board;	4708

~~(F)~~(6) Encourage the development and expansion of preventive,	4709
treatment, rehabilitative, and consultative programs in the field	4710
of mental health with emphasis on continuity of care;	4711

~~(G)~~(7) Prepare for board approval an annual report of the	4712
programs under the jurisdiction of the board, including a fiscal	4713
accounting of all services;	4714

~~(H)~~(8) Conduct such studies as may be necessary and	4715
practicable for the promotion of mental health and the prevention	4716
of mental illness, emotional disorders, and addiction to alcohol	4717
and drugs;	4718

~~(I)~~(9) Authorize the county auditor, or in a joint-county	4719
district the county auditor designated as the auditor for the	4720
district, to issue warrants for the payment of board obligations