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, 1
120.40, 121.40, 122.40, 122.64, 122.72, 124.03, 2
124.11, 124.14, 124.15, 124.151, 124.152, 124.181, 3
124.182, 124.322, 124.325, 124.327, 124.34, 4
124.38, 124.382, 124.388, 124.39, 124.81, 124.82, 5
124.823, 125.211, 126.32, 141.01, 141.02, 145.012, 6
145.47, 175.05, 306.04, 307.054, 339.06, 339.07, 7
340.04, 505.38, 505.49, 505.60, 709.012, 742.31, 8
749.082, 749.083, 917.03, 927.69, 991.02, 1347.15, 9
1347.99, 1349.71, 1509.35, 1513.182, 1513.29, 10
1545.071, 1551.35, 1707.36, 1707.46, 3101.01, 11
3301.03, 3304.12, 3304.50, 3306.01, 3307.27, 12
3307.77, 3309.47, 3311.19, 3313.12, 3313.202, 13
3313.23, 3313.24, 3313.33, 3313.42, 3316.07, 14
3317.01, 3317.018, 3317.11, 3317.13, 3318.31, 15
3319.01, 3319.011, 3319.02, 3319.06, 3319.08, 16
3319.084, 3319.085, 3319.088, 3319.09, 3319.10, 17
3319.11, 3319.13, 3319.14, 3319.141, 3319.17, 18
3319.172, 3319.18, 3319.63, 3332.03, 3334.08, 19
3345.31, 3345.45, 3353.03, 3517.152, 3701.33, 20
3733.49, 3737.81, 3737.90, 3770.02, 3772.06, 21
3773.33, 3781.07, 3901.07, 4112.03, 4117.01, 22
4117.02, 4117.03, 4117.06, 4117.08, 4117.09, 23
4117.10, 4117.11, 4117.14, 4117.15, 4117.20, 24
4121.03, 4121.121, 4121.351, 4121.38, 4121.69, 25
4121.77, 4123.352, 4301.07, 4517.30, 4701.03, 26
4701.05, 4703.03, 4703.31, 4709.04, 4715.06, 27
4717.02, 4723.02, 4725.06, 4725.46, 4729.03, 28
4730.05, 4731.03, 4732.05, 4733.05, 4734.03, 29
4738.09, 4741.02, 4747.03, 4753.04, 4755.01, 30
4757.05, 4758.12, 4759.03, 4761.02, 4763.02, 31
4775.05, 4905.10, 4906.02, 4911.07, 4911.12, 32
5119.071, 5119.09, 5123.08, 5123.51, 5126.0220, 33
5126.05, 5126.24, 5139.02, 5501.20, 5502.01, 34
5502.62, 5503.03, 5505.15, 5703.09, 5705.412, and 35
5907.02, to enact sections 4117.081, 4117.104, and 36
4117.26, and to repeal sections 9.901, 3317.12, 37
3317.14, 3319.131, 3319.142, 3319.143, and 4117.22 38
of the Revised Code to make various changes to 39
laws concerning public employees, including 40
collective bargaining, salary schedules and 41
compensation, layoff procedures, and leave.42


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 toas that term is 494
defined in section 9.901124.81 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 Codeby 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 establishedsalary or wage fixed935
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 assignedhighest 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; and1076

       (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 thea per diem rate of step 1, pay range 31, ofdetermined 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 thea1248
per diem rate of step 1 of pay range 31determined 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 of1508
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 were1732
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 classification1748
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 B1944

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 C2030

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 inas required by2058
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
representare 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
locatedmerit.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, eachEach 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-12423

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-22463

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 Only2488

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 butand who is not considered a 2511
public employee for the purposes of Chapter 4117. of the Revised 2512
Codeany 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, "exempt2539

       (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 amendment2651
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 version2696
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 amendment2732
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, orand2881
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 or3028
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
medicalhealth care, disability, hearing aids, prescription drugs3470
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, medicalhealth care, hearing 3545
aids, prescription drugsbenefits, 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 itsthat is a3551
political subdivisionssubdivision 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
medicalhealth care, hearing aids, prescription drugsbenefits, 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) AllExcept 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 been3845
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 divisionsdivision (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 division3908
(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 amendmentOctober 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 amendmentOctober 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; or4339

       (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 histhe 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 histhe executive director's4386
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 4721
approved by the board, provided that all payments are in 4722
accordance with the comprehensive community mental health plan, as 4723
approved by the department of mental health, or with the alcohol 4724
and drug addiction services plan as approved by the department of 4725
alcohol and drug addiction services.4726

       (B) For purposes of division (A)(5) of this section, a board 4727
of alcohol, drug addiction, and mental health services, when 4728
establishing a salary schedule, shall require merit to be the only 4729
basis, and the executive director shall use merit as the only 4730
basis, for an employee's progression through the schedule.4731

       Sec. 505.38.  (A) In each township or fire district that has 4732
a fire department, the head of the department shall be a fire 4733
chief, appointed by the board of township trustees, except that, 4734
in a joint fire district, the fire chief shall be a