As Passed by the Senate

129th General Assembly
Regular Session
2011-2012
Am. Sub. S. B. No. 5


Senator Jones 


A BILL
To amend sections 9.90, 103.74, 122.64, 122.72, 1
124.134, 124.14, 124.15, 124.152, 124.181, 2
124.322, 124.325, 124.34, 124.38, 124.388, 124.39, 3
124.81, 124.82, 145.47, 306.04, 307.054, 339.06, 4
339.07, 340.04, 505.38, 505.49, 505.60, 709.012, 5
742.31, 749.082, 749.083, 927.69, 1545.071, 6
3306.01, 3307.27, 3307.77, 3309.47, 3311.19, 7
3313.12, 3313.202, 3313.23, 3313.24, 3313.33, 8
3313.42, 3314.10, 3316.07, 3317.01, 3317.018, 9
3317.11, 3317.13, 3319.01, 3319.011, 3319.02, 10
3319.06, 3319.08, 3319.084, 3319.085, 3319.088, 11
3319.09, 3319.10, 3319.11, 3319.13, 3319.14, 12
3319.141, 3319.17, 3319.172, 3319.18, 3319.63, 13
3326.18, 3332.03, 4117.01, 4117.02, 4117.03, 14
4117.05, 4117.06, 4117.07, 4117.08, 4117.09, 15
4117.10, 4117.11, 4117.12, 4117.13, 4117.14, 16
4117.15, 4117.18, 4117.20, 4117.21, 4725.46, 17
4906.02, 5107.26, 5123.51, 5126.24, 5139.02, 18
5503.03, and 5505.15, to enact sections 4113.80, 19
4117.081, 4117.104, 4117.105, 4117.106, 4117.107, 20
4117.108, 4117.109, 4117.26, and 4117.27, and to 21
repeal sections 3317.12, 3317.14, 3319.131, 22
3319.142, 3319.143, 4117.16, 4117.22, and 4117.23 23
of the Revised Code to make various changes to 24
laws concerning public employees, including 25
collective bargaining, salary schedules and 26
compensation, layoff procedures, and leave.27


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

       Section 1.  That sections 9.90, 103.74, 122.64, 122.72, 28
124.134, 124.14, 124.15, 124.152, 124.181, 124.322, 124.325, 29
124.34, 124.38, 124.388, 124.39, 124.81, 124.82, 145.47, 306.04, 30
307.054, 339.06, 339.07, 340.04, 505.38, 505.49, 505.60, 709.012, 31
742.31, 749.082, 749.083, 927.69, 1545.071, 3306.01, 3307.27, 32
3307.77, 3309.47, 3311.19, 3313.12, 3313.202, 3313.23, 3313.24, 33
3313.33, 3313.42, 3314.10, 3316.07, 3317.01, 3317.018, 3317.11, 34
3317.13, 3319.01, 3319.011, 3319.02, 3319.06, 3319.08, 3319.084, 35
3319.085, 3319.088, 3319.09, 3319.10, 3319.11, 3319.13, 3319.14, 36
3319.141, 3319.17, 3319.172, 3319.18, 3319.63, 3326.18, 3332.03, 37
4117.01, 4117.02, 4117.03, 4117.05, 4117.06, 4117.07, 4117.08, 38
4117.09, 4117.10, 4117.11, 4117.12, 4117.13, 4117.14, 4117.15, 39
4117.18, 4117.20, 4117.21, 4725.46, 4906.02, 5107.26, 5123.51, 40
5126.24, 5139.02, 5503.03, and 5505.15 be amended and sections 41
4113.80, 4117.081, 4117.104, 4117.105, 4117.106, 4117.107, 42
4117.108, 4117.109, 4117.26, and 4117.27 of the Revised Code be 43
enacted to read as follows:44

       Sec. 9.90.  (A) The governing board of any public institution 45
of higher education, including without limitation state 46
universities and colleges, community college districts, university 47
branch districts, technical college districts, and municipal 48
universities, may, in addition to all other powers provided in the 49
Revised Code:50

       (1) Contract for, purchase, or otherwise procure from an 51
insurer or insurers licensed to do business by the state of Ohio 52
for or on behalf of such of its employees as it may determine, 53
life insurance, or sickness, accident, annuity, endowment, health, 54
medical, hospital, dental, or surgical coverage and benefits, or 55
any combination thereof, by means of insurance plans or other 56
types of coverage, family, group or otherwise, and may pay from 57
funds under its control and available for such purpose all or any 58
portion of the cost, premium, or charge for such insurance, 59
coverage, or benefits. However, the governing board, in addition 60
to or as an alternative to the authority otherwise granted by 61
division (A)(1) of this section, may elect to procure coverage for 62
health care services, for or on behalf of such of its employees as 63
it may determine, by means of policies, contracts, certificates, 64
or agreements issued by at least two health insuring corporations 65
holding a certificate of authority under Chapter 1751. of the 66
Revised Code and may pay from funds under the governing board's 67
control and available for such purpose all or any portion of the 68
cost of such coverage.69

       (2) Make payments to a custodial account for investment in 70
regulated investment company stock for the purpose of providing 71
retirement benefits as described in section 403(b)(7) of the 72
Internal Revenue Code of 1954, as amended. Such stock shall be 73
purchased only from persons authorized to sell such stock in this 74
state.75

       Any income of an employee deferred under divisions (A)(1) and 76
(2) of this section in a deferred compensation program eligible 77
for favorable tax treatment under the Internal Revenue Code of 78
1954, as amended, shall continue to be included as regular 79
compensation for the purpose of computing the contributions to and 80
benefits from the retirement system of such employee. Any sum so 81
deferred shall not be included in the computation of any federal 82
and state income taxes withheld on behalf of any such employee.83

       (B) All or any portion of the cost, premium, or charge 84
therefor may be paid in such other manner or combination of 85
manners as the governing board may determine, including direct 86
payment by the employee in cases under division (A)(1) of this 87
section, and, if authorized in writing by the employee in cases 88
under division (A)(1) or (2) of this section, by such governing 89
board with moneys made available by deduction from or reduction in 90
salary or wages or by the foregoing of a salary or wage increase. 91
Nothing in section 3917.01 or section 3917.06 of the Revised Code 92
shall prohibit the issuance or purchase of group life insurance 93
authorized by this section by reason of payment of premiums 94
therefor by the governing board from its funds, and such group 95
life insurance may be so issued and purchased if otherwise 96
consistent with the provisions of sections 3917.01 to 3917.07 of 97
the Revised Code.98

       (C) The board of education of any school district may 99
exercise any of the powers granted to the governing boards of 100
public institutions of higher education under divisions (A) and 101
(B) of this section, except in relation to the provision of health 102
care benefits to employees. All health care benefits provided to 103
persons employed by the public schools of this state shall be 104
health care plans that contain best practices established by the 105
school employees health care board pursuant to section 9.901 of 106
the Revised Code. Nothing in this division shall be construed to 107
allow a board of education to bargain collectively regarding the 108
provision of health care benefits as that term is defined in 109
section 124.81 of the Revised Code.110

       Sec. 103.74.  The correctional institution inspection 111
committee may employ a director and any other nonlegal staff, who 112
shall be in the unclassified service of the state, that are 113
necessary for the committee to carry out its duties and may 114
contract for the services of whatever nonlegal technical advisors 115
are necessary for the committee to carry out its duties. The 116
attorney general shall act as legal counsel to the committee.117

       The chairperson and vice-chairperson of the legislative 118
service commission shall fix the compensation of the director. The 119
director, with the approval of the director of the legislative 120
service commission, shall fix the compensation of other staff of 121
the committee in accordance with a salary schedule established by 122
the director of the legislative service commission. The director 123
of the legislative service commission, when establishing the 124
salary schedule, shall require merit to be the only basis, and the 125
director of the correctional institution inspection committee 126
shall use merit as the only basis for an employee's progression 127
through the schedule. Contracts for the services of necessary 128
technical advisors shall be approved by the director of the 129
legislative service commission.130

       The general assembly shall biennially appropriate to the 131
correctional institution inspection committee an amount sufficient 132
to enable the committee to perform its duties. Salaries and 133
expenses incurred by the committee shall be paid from that 134
appropriation upon vouchers approved by the chairperson of the 135
committee.136

       Sec. 122.64.  (A) There is hereby established in the 137
department of development a division of economic development. The 138
division shall be supervised by a deputy director appointed by the 139
director of development.140

       The division is responsible for the administration of the 141
state economic development financing programs established pursuant 142
to sections 122.17 and 122.18, sections 122.39 to 122.62, and 143
Chapter 166. of the Revised Code and for coordinating the 144
activities of the development financing advisory council so as to 145
ensure the efficient administration of the programs.146

       (B) The director of development shall:147

       (1) Appoint an individual to serve as director of the 148
development financing advisory council;149

       (2) Receive applications for assistance pursuant to sections 150
122.39 to 122.62 and Chapter 166. of the Revised Code. The 151
director shall process the applications and, except as provided in 152
division (C)(2) of section 166.05 of the Revised Code, forward 153
them to the development financing advisory council. As 154
appropriate, the director shall receive the recommendations of the 155
council as to applications for assistance.156

       (3) With the approval of the director of administrative 157
services, establish salary schedules for employees of the various 158
positions of employment with the division and assign the various 159
positions to those salary schedules;160

       (4) Furnish and pay for, out of funds appropriated to the 161
department of development for that purpose, office space and 162
associated utilities service, for the development financing 163
advisory council;164

       (5) Employ and fix the compensation of financial consultants, 165
appraisers, consulting engineers, superintendents, managers, 166
construction and accounting experts, attorneys, and other agents 167
for the assistance programs authorized pursuant to sections 122.17 168
and 122.18, sections 122.39 to 122.62, and Chapter 166. of the 169
Revised Code as are necessary;170

       (6) Supervise the administrative operations of the division;171

       (7) On or before the first day of October in each year, make 172
an annual report of the activities and operations under assistance 173
programs authorized pursuant to sections 122.39 to 122.62 and 174
Chapter 166. of the Revised Code for the preceding fiscal year to 175
the governor and the general assembly. Each such report shall set 176
forth a complete operating and financial statement covering such 177
activities and operations during the year in accordance with 178
generally accepted accounting principles and shall be audited by a 179
certified public accountant. The director of development shall 180
transmit a copy of the audited financial report to the office of 181
budget and management.182

       (C) The director of development, when establishing the salary 183
schedules required under division (B)(3) of this section, shall 184
use merit as the only basis for an employee's progression through 185
the schedule.186

       Sec. 122.72.  (A) There is hereby created the minority 187
development financing advisory board to assist in carrying out the 188
programs created pursuant to sections 122.71 to 122.89 of the 189
Revised Code.190

       (B) The board shall consist of ten members. The director of 191
development or the director's designee shall be a voting member on 192
the board. Seven members shall be appointed by the governor with 193
the advice and consent of the senate and selected because of their 194
knowledge of and experience in industrial, business, and 195
commercial financing, suretyship, construction, and their 196
understanding of the problems of minority business enterprises; 197
one member also shall be a member of the senate and appointed by 198
the president of the senate, and one member also shall be a member 199
of the house of representatives and appointed by the speaker of 200
the house of representatives. With respect to the board, all of 201
the following apply:202

       (1) Not more than four of the members of the board appointed 203
by the governor shall be of the same political party.204

       (2) Each member shall hold office from the date of the 205
member's appointment until the end of the term for which the 206
member was appointed.207

       (3) The terms of office for the seven members appointed by 208
the governor shall be for seven years, commencing on the first day 209
of October and ending on the thirtieth day of September of the 210
seventh year, except that of the original seven members, three 211
shall be appointed for three years and two shall be appointed for 212
five years.213

       (4) Any member of the board is eligible for reappointment.214

       (5) Any member appointed to fill a vacancy occurring prior to 215
the expiration of the term for which the member's predecessor was 216
appointed shall hold office for the remainder of the predecessor's 217
term.218

       (6) Any member shall continue in office subsequent to the 219
expiration date of the member's term until the member's successor 220
takes office, or until a period of sixty days has elapsed, 221
whichever occurs first.222

       (7) Before entering upon official duties as a member of the 223
board, each member shall take an oath as provided by Section 7 of 224
Article XV, Ohio Constitution.225

       (8) The governor may, at any time, remove any member 226
appointed by the governor pursuant to section 3.04 of the Revised 227
Code.228

       (9) Notwithstanding section 101.26 of the Revised Code, 229
members shall receive their necessary and actual expenses while 230
engaged in the business of the board and shall be paid at thea231
per diem rate of step 1 ofwithin pay range 31 of section 124.15 232
of the Revised Code.233

       (10) Six members of the board constitute a quorum and the 234
affirmative vote of six members is necessary for any action taken 235
by the board.236

       (11) In the event of the absence of a member appointed by the 237
president of the senate or by the speaker of the house of 238
representatives, either of the following persons may serve in the 239
member's absence:240

       (a) The president of the senate or the speaker of the house 241
of representatives, whoever appointed the absent member;242

       (b) A member of the senate or of the house of representatives 243
of the same political party as the absent member, as designated by 244
the president of the senate or the speaker of the house of 245
representatives, whoever appointed the absent member.246

       (12) The board shall annually elect one of its members as 247
chairperson and another as vice-chairperson.248

       Sec. 124.134.  (A) Each full-time permanent state employee 249
paid in accordance with section 124.152 of the Revised Code and 250
those employees listed in divisions (B)(2) and (4) of section 251
124.14 of the Revised Code shall be credited with vacation leave 252
with full pay according to length of service and accruing at a 253
corresponding rate per biweekly pay period, as follows:254

Length of Service Accrual Rate Per Pay Period 255
Less than 4 years 3.1 hours 256
4 but less than 9 years 4.6 hours 257
9 but less than 14 years 6.2 hours 258
14 but less than 19 years 6.9 hours 259
19 but less than 24 years or more 7.7 hours 260
24 years or more 9.2 hours 261

       Fifty-two weeks equal one year of service.262

       The amount of an employee's service shall be determined in 263
accordance with the standard specified in section 9.44 of the 264
Revised Code. Credit for prior service, including an increased 265
vacation accrual rate and longevity supplement, shall take effect 266
during the first pay period that begins immediately following the 267
date the director of administrative services approves granting 268
credit for that prior service. No employee, other than an employee 269
who submits proof of prior service within ninety days after the 270
date of the employee's hiring, shall receive any amount of 271
vacation leave for the period prior to the date of the director's 272
approval of the grant of credit for prior service.273

       Part-time permanent employees who are paid in accordance with 274
section 124.152 of the Revised Code and full-time permanent 275
employees subject to this section who are in active pay status for 276
less than eighty hours in a pay period shall earn vacation leave 277
on a prorated basis. The ratio between the hours worked and the 278
vacation hours earned by these classes of employees shall be the 279
same as the ratio between the hours worked and the vacation hours 280
earned by a full-time permanent employee with the same amount of 281
service as provided for in this section.282

       Vacation leave is not available for use until it appears on 283
the employee's earning statement and the compensation described in 284
the earning statement is available to the employee. An employee 285
may begin using accrued vacation leave upon completion of the 286
employee's initial probation period. A probationary period that 287
follows a separation from service that is less than thirty-one 288
days is not considered an initial probation period for purposes of 289
this section.290

       (B) Employees granted leave under this section shall forfeit 291
their right to take or to be paid for any vacation leave to their 292
credit which is in excess of the accrual for three years. Any 293
excess leave shall be eliminated from the employees' leave 294
balance. 295

       (C) Except as provided in division (D) of this section, 296
beginning in fiscal year 2012, an employee may be paid for up to 297
eighty hours of vacation leave each fiscal year if the employee 298
requested and was denied the use of vacation leave during that 299
fiscal year. No employee shall receive payment for more than 300
eighty hours of denied vacation leave in a single fiscal year. An 301
employee is only eligible to receive payment for vacation leave 302
when the employee's vacation leave credit is at, or will reach in 303
the immediately following pay period, the maximum of the accrual 304
for three years and the employee has been denied the use of 305
vacation leave. An employee is not entitled to receive payment for 306
vacation leave denied in any pay period in which the employee's 307
vacation leave credit is not at, or will not reach in the 308
immediately following pay period, the maximum of accrual for three 309
years. Any vacation leave for which an employee receives payment 310
shall be deducted from the employee's vacation leave balance. No 311
employee is eligible to receive payment for denied vacation leave 312
in either fiscal year 2010 or fiscal year 2011.313

       (D) The supreme court, general assembly, secretary of state, 314
auditor of state, treasurer of state, and attorney general may 315
establish by policy an alternate payment structure for employees 316
whose vacation leave credit is at, or will reach in the 317
immediately following pay period, the maximum of accrual for three 318
years and the employee has been denied the use of vacation leave. 319
An employee is not entitled to receive payment for vacation leave 320
denied in any pay period in which the employee's vacation leave 321
credit is not at, or will not reach in the immediately following 322
pay period, the maximum of accrual for three years. Any vacation 323
leave for which the employee receives payment shall be deducted 324
from the employee's vacation leave balance.325

        (E) Upon separation from state service, an employee granted 326
leave under this section is entitled to compensation at the 327
employee's current rate of pay for all unused vacation leave 328
accrued under this section or section 124.13 of the Revised Code 329
to the employee's credit. In case of transfer of an employee from 330
one state agency to another, the employee shall retain the accrued 331
and unused vacation leave. In case of the death of an employee, 332
the unused vacation leave shall be paid in accordance with section 333
2113.04 of the Revised Code, or to the employee's estate. An 334
employee serving in a temporary work level who is eligible to 335
receive compensation under this division shall be compensated at 336
the base rate of pay of the employee's normal classification.337

       (F) Notwithstanding any provision of Chapter 4117. of the 338
Revised Code to the contrary, no collective bargaining agreement 339
that is modified, renewed, extended, or entered into on or after 340
the effective date of this amendment shall provide vacation leave 341
in an amount greater than the vacation leave provided by this 342
section.343

       Sec. 124.14.  (A)(1) The director of administrative services 344
shall establish, and may modify or rescind, by rule, a job 345
classification plan for all positions, offices, and employments 346
the salaries of which are paid in whole or in part by the state. 347
The director shall group jobs within a classification so that the 348
positions are similar enough in duties and responsibilities to be 349
described by the same title, to have the same pay assigned with 350
equity, and to have the same qualifications for selection applied. 351
The director shall, by rule, assign a classification title to each 352
classification within the classification plan. However, the 353
director shall consider in establishing classifications, including 354
classifications with parenthetical titles, and assigning pay 355
ranges such factors as duties performed only on one shift, special 356
skills in short supply in the labor market, recruitment problems, 357
separation rates, comparative salary rates, the amount of training 358
required, and other conditions affecting employment. The director 359
shall describe the duties and responsibilities of the class, 360
establish the qualifications for being employed in each position 361
in the class, and file with the secretary of state a copy of 362
specifications for all of the classifications. The director shall 363
file new, additional, or revised specifications with the secretary 364
of state before they are used. 365

       The director shall, by rule, assign each classification, 366
either on a statewide basis or in particular counties or state 367
institutions, to a pay range established under section 124.15 or 368
section 124.152 of the Revised Code. The director may assign a 369
classification to a pay range on a temporary basis for a period of 370
six months. The director may establish, by rule adopted under 371
Chapter 119. of the Revised Code, experimental classification 372
plans for some or all employees paid directly by warrant of the 373
director of budget and management. The rule shall include 374
specifications for each classification within the plan and shall 375
specifically address compensation ranges, and methods for 376
advancing within the ranges, for the classifications, which may be 377
assigned to pay ranges other than the pay ranges established under 378
section 124.15 or 124.152 of the Revised Code.379

       (2) The director of administrative services may reassign to a 380
proper classification those positions that have been assigned to 381
an improper classification. If the compensation of an employee in 382
such a reassigned position exceeds the maximum rate of pay for the 383
employee's new classification, the employee shall be placed in pay 384
step X and shall not receive an increase in compensation until the 385
maximum rate of pay for that classification exceeds the employee's 386
compensation.387

       (3) The director may reassign an exempt employee, as defined 388
in section 124.152 of the Revised Code, to a bargaining unit 389
classification if the director determines that the bargaining unit 390
classification is the proper classification for that employee. 391
Notwithstanding Chapter 4117. of the Revised Code or instruments 392
and contracts negotiated under it, these placements are at the 393
director's discretion.394

        (4) The director shall, by rule, assign related 395
classifications, which form a career progression, to a 396
classification series. The director shall, by rule, assign each 397
classification in the classification plan a five-digit number, the 398
first four digits of which shall denote the classification series 399
to which the classification is assigned. When a career progression 400
encompasses more than ten classifications, the director shall, by 401
rule, identify the additional classifications belonging to a 402
classification series. The additional classifications shall be 403
part of the classification series, notwithstanding the fact that 404
the first four digits of the number assigned to the additional 405
classifications do not correspond to the first four digits of the 406
numbers assigned to other classifications in the classification 407
series.408

       (5) The director may establish, modify, or rescind a 409
classification plan for county agencies that elect not to use the 410
services and facilities of a county personnel department. The 411
director shall establish any such classification plan by means of 412
rules adopted under Chapter 119. of the Revised Code. The rules 413
shall include a methodology for the establishment of titles unique 414
to county agencies, the use of state classification titles and 415
classification specifications for common positions, the criteria 416
for a county to meet in establishing its own classification plan, 417
and the establishment of what constitutes a classification series 418
for county agencies. The director may assess a county agency that 419
chooses to use the classification plan a usage fee the director 420
determines. All usage fees the department of administrative 421
services receives shall be paid into the state treasury to the 422
credit of the human resources fund created in section 124.07 of 423
the Revised Code.424

       (B) Division (A) of this section and sections 124.15 and 425
124.152 of the Revised Code do not apply to the following persons, 426
positions, offices, and employments:427

       (1) Elected officials;428

       (2) Legislative employees, employees of the legislative 429
service commission, employees in the office of the governor, 430
employees who are in the unclassified civil service and exempt 431
from collective bargaining coverage in the office of the secretary 432
of state, auditor of state, treasurer of state, and attorney 433
general, and employees of the supreme court;434

       (3) Employees of a county children services board that 435
establishes compensation rates under section 5153.12 of the 436
Revised Code;437

       (4) Any position for which the authority to determine 438
compensation is given by law to another individual or entity;439

       (5) Employees of the bureau of workers' compensation whose 440
compensation the administrator of workers' compensation 441
establishes under division (B) of section 4121.121 of the Revised 442
Code.443

       (C) The director may employ a consulting agency to aid and 444
assist the director in carrying out this section.445

       (D)(1) When the director proposes to modify a classification 446
or the assignment of classes to appropriate pay ranges, the 447
director shall send written notice of the proposed rule to the 448
appointing authorities of the affected employees thirty days 449
before a hearing on the proposed rule. The appointing authorities 450
shall notify the affected employees regarding the proposed rule. 451
The director also shall send those appointing authorities notice 452
of any final rule that is adopted within ten days after adoption.453

       (2) When the director proposes to reclassify any employee so 454
that the employee is adversely affected, the director shall give 455
to the employee affected and to the employee's appointing 456
authority a written notice setting forth the proposed new 457
classification, pay range, and salary. Upon the request of any 458
classified employee who is not serving in a probationary period, 459
the director shall perform a job audit to review the 460
classification of the employee's position to determine whether the 461
position is properly classified. The director shall give to the 462
employee affected and to the employee's appointing authority a 463
written notice of the director's determination whether or not to 464
reclassify the position or to reassign the employee to another 465
classification. An employee or appointing authority desiring a 466
hearing shall file a written request for the hearing with the 467
state personnel board of review within thirty days after receiving 468
the notice. The board shall set the matter for a hearing and 469
notify the employee and appointing authority of the time and place 470
of the hearing. The employee, the appointing authority, or any 471
authorized representative of the employee who wishes to submit 472
facts for the consideration of the board shall be afforded 473
reasonable opportunity to do so. After the hearing, the board 474
shall consider anew the reclassification and may order the 475
reclassification of the employee and require the director to 476
assign the employee to such appropriate classification as the 477
facts and evidence warrant. As provided in division (A)(1) of 478
section 124.03 of the Revised Code, the board may determine the 479
most appropriate classification for the position of any employee 480
coming before the board, with or without a job audit. The board 481
shall disallow any reclassification or reassignment classification 482
of any employee when it finds that changes have been made in the 483
duties and responsibilities of any particular employee for 484
political, religious, or other unjust reasons.485

       (E)(1) Employees of each county department of job and family 486
services shall be paid a salary or wage established by the board 487
of county commissioners. The provisions of section 124.18 of the 488
Revised Code concerning the standard work week apply to employees 489
of county departments of job and family services. A board of 490
county commissioners may do either of the following:491

       (a) Notwithstanding any other section of the Revised Code, 492
supplement the sick leave, vacation leave, personal leave, and 493
other benefits of any employee of the county department of job and 494
family services of that county, if the employee is eligible for 495
the supplement under a written policy providing for the 496
supplement;497

       (b) Notwithstanding any other section of the Revised Code, 498
establish alternative schedules of sick leave, vacation leave, 499
personal leave, or other benefits for employees not inconsistent 500
with the provisions of a collective bargaining agreement covering 501
the affected employees.502

       (2) Division (E)(1) of this section does not apply to 503
employees for whom the state employment relations board 504
establishes appropriate bargaining units pursuant to section 505
4117.06 of the Revised Code, except in either of the following 506
situations:507

       (a) The employees for whom the state employment relations 508
board establishes appropriate bargaining units elect no 509
representative in a board-conducted representation election.510

       (b) After the state employment relations board establishes 511
appropriate bargaining units for such employees, all employee 512
organizations withdraw from a representation election.513

       (F)(1) Notwithstanding any contrary provision of sections 514
124.01 to 124.64 of the Revised Code, the board of trustees of 515
each state university or college, as defined in section 3345.12 of 516
the Revised Code, shall carry out all matters of governance 517
involving the officers and employees of the university or college, 518
including, but not limited to, the powers, duties, and functions 519
of the department of administrative services and the director of 520
administrative services specified in this chapter. Officers and 521
employees of a state university or college shall have the right of 522
appeal to the state personnel board of review as provided in this 523
chapter.524

       (2) Each board of trustees shall adopt rules under section 525
111.15 of the Revised Code to carry out the matters of governance 526
described in division (F)(1) of this section. Until the board of 527
trustees adopts those rules, a state university or college shall 528
continue to operate pursuant to the applicable rules adopted by 529
the director of administrative services under this chapter.530

       (G)(1) Each board of county commissioners may, by a 531
resolution adopted by a majority of its members, establish a 532
county personnel department to exercise the powers, duties, and 533
functions specified in division (G) of this section. As used in 534
division (G) of this section, "county personnel department" means 535
a county personnel department established by a board of county 536
commissioners under division (G)(1) of this section.537

       (2)(a) Each board of county commissioners, by a resolution 538
adopted by a majority of its members, may designate the county 539
personnel department of the county to exercise the powers, duties, 540
and functions specified in sections 124.01 to 124.64 and Chapter 541
325. of the Revised Code with regard to employees in the service 542
of the county, except for the powers and duties of the state 543
personnel board of review, which powers and duties shall not be 544
construed as having been modified or diminished in any manner by 545
division (G)(2) of this section, with respect to the employees for 546
whom the board of county commissioners is the appointing authority 547
or co-appointing authority. 548

       (b) Nothing in division (G)(2) of this section shall be 549
construed to limit the right of any employee who possesses the 550
right of appeal to the state personnel board of review to continue 551
to possess that right of appeal.552

       (c) Any board of county commissioners that has established a 553
county personnel department may contract with the department of 554
administrative services, another political subdivision, or an 555
appropriate public or private entity to provide competitive 556
testing services or other appropriate services.557

       (3) After the county personnel department of a county has 558
been established as described in division (G)(2) of this section, 559
any elected official, board, agency, or other appointing authority 560
of that county, upon written notification to the county personnel 561
department, may elect to use the services and facilities of the 562
county personnel department. Upon receipt of the notification by 563
the county personnel department, the county personnel department 564
shall exercise the powers, duties, and functions as described in 565
division (G)(2) of this section with respect to the employees of 566
that elected official, board, agency, or other appointing 567
authority. 568

       (4) Each board of county commissioners, by a resolution 569
adopted by a majority of its members, may disband the county 570
personnel department. 571

       (5) Any elected official, board, agency, or appointing 572
authority of a county may end its involvement with a county 573
personnel department upon actual receipt by the department of a 574
certified copy of the notification that contains the decision to 575
no longer participate.576

       (6) The director of administrative services may, by rule 577
adopted in accordance with Chapter 119. of the Revised Code, 578
prescribe criteria and procedures for the following:579

       (a) A requirement that each county personnel department, in 580
carrying out its duties, adhere to merit system principles with 581
regard to employees of county departments of job and family 582
services, child support enforcement agencies, and public child 583
welfare agencies so that there is no threatened loss of federal 584
funding for these agencies, and a requirement that the county be 585
financially liable to the state for any loss of federal funds due 586
to the action or inaction of the county personnel department. The 587
costs associated with audits conducted to monitor compliance with 588
division (G)(6)(a) of this section shall be reimbursed to the 589
department of administrative services as determined by the 590
director. All money the department receives for these audits shall 591
be paid into the state treasury to the credit of the human 592
resources fund created in section 124.07 of the Revised Code.593

       (b) Authorization for the director of administrative services 594
to conduct periodic audits and reviews of county personnel 595
departments to guarantee the uniform application of the powers, 596
duties, and functions exercised pursuant to division (G)(2)(a) of 597
this section. The costs of the audits and reviews shall be 598
reimbursed to the department of administrative services as 599
determined by the director by the county for which the services 600
are performed. All money the department receives shall be paid 601
into the state treasury to the credit of the human resources fund 602
created in section 124.07 of the Revised Code.603

       (H) The director of administrative services shall establish 604
the rate and method of compensation, based upon merit, for all 605
employees who are paid directly by warrant of the director of 606
budget and management and who are serving in positions that the 607
director of administrative services has determined impracticable 608
to include in the state job classification plan. This division 609
does not apply to elected officials, legislative employees, 610
employees of the legislative service commission, employees who are 611
in the unclassified civil service and exempt from collective 612
bargaining coverage in the office of the secretary of state, 613
auditor of state, treasurer of state, and attorney general, 614
employees of the courts, employees of the bureau of workers' 615
compensation whose compensation the administrator of workers' 616
compensation establishes under division (B) of section 4121.121 of 617
the Revised Code, or employees of an appointing authority 618
authorized by law to fix the compensation of those employees.619

       (I) The director shall set the rate of compensation for all 620
intermittent, seasonal, temporary, emergency, and casual employees 621
in the service of the state who are not considered public 622
employees under section 4117.01 of the Revised Code. Those 623
employees are not entitled to receive employee benefits. This rate 624
of compensation shall be equitable in terms of the rate of 625
employees serving in the same or similar classifications and shall 626
be based upon merit. This division does not apply to elected 627
officials, legislative employees, employees of the legislative 628
service commission, employees who are in the unclassified civil 629
service and exempt from collective bargaining coverage in the 630
office of the secretary of state, auditor of state, treasurer of 631
state, and attorney general, employees of the courts, employees of 632
the bureau of workers' compensation whose compensation the 633
administrator establishes under division (B) of section 4121.121 634
of the Revised Code, or employees of an appointing authority 635
authorized by law to fix the compensation of those employees.636

       Sec. 124.15.  (A) Board and commission members appointed 637
prior to July 1, 1991, shall be paid a salary or wage in 638
accordance withbased upon merit within the following schedules of 639
ratesranges:640

Schedule B641

Pay Ranges
and Step Values
642

Range Step 1 Minimum Step 2 Maximum Step 3 Step 4 643
23 Hourly 5.72 5.91 6.10 6.31 644
Annually 11897.60 12292.80 12688.00 13124.80 645
Step 5 Step 6 646
Hourly 6.52 6.75 647
Annually 13561.60 14040.00 648
Step 1 Step 2 Step 3 Step 4 649
24 Hourly 6.00 6.20 6.41 6.63 650
Annually 12480.00 12896.00 13332.80 13790.40 651
Step 5 Step 6 652
Hourly 6.87 7.10 653
Annually 14289.60 14768.00 654
Step 1 Step 2 Step 3 Step 4 655
25 Hourly 6.31 6.52 6.75 6.99 656
Annually 13124.80 13561.60 14040.00 14539.20 657
Step 5 Step 6 658
Hourly 7.23 7.41 659
Annually 15038.40 15412.80 660
Step 1 Step 2 Step 3 Step 4 661
26 Hourly 6.63 6.87 7.10 7.32 662
Annually 13790.40 14289.60 14768.00 15225.60 663
Step 5 Step 6 664
Hourly 7.53 7.77 665
Annually 15662.40 16161.60 666
Step 1 Step 2 Step 3 Step 4 667
27 Hourly 6.99 7.23 7.41 7.64 668
Annually 14534.20 15038.40 15412.80 15891.20 669
Step 5 Step 6 Step 7 670
Hourly 7.88 8.15 8.46 671
Annually 16390.40 16952.00 17596.80 672
Step 1 Step 2 Step 3 Step 4 673
28 Hourly 7.41 7.64 7.88 8.15 674
Annually 15412.80 15891.20 16390.40 16952.00 675
Step 5 Step 6 Step 7 676
Hourly 8.46 8.79 9.15 677
Annually 17596.80 18283.20 19032.00 678
Step 1 Step 2 Step 3 Step 4 679
29 Hourly 7.88 8.15 8.46 8.79 680
Annually 16390.40 16952.00 17596.80 18283.20 681
Step 5 Step 6 Step 7 682
Hourly 9.15 9.58 10.01 683
Annually 19032.00 19926.40 20820.80 684
Step 1 Step 2 Step 3 Step 4 685
30 Hourly 8.46 8.79 9.15 9.58 686
Annually 17596.80 18283.20 19032.00 19926.40 687
Step 5 Step 6 Step 7 688
Hourly 10.01 10.46 10.99 689
Annually 20820.80 21756.80 22859.20 690
Step 1 Step 2 Step 3 Step 4 691
31 Hourly 9.15 9.58 10.01 10.46 692
Annually 19032.00 19962.40 20820.80 21756.80 693
Step 5 Step 6 Step 7 694
Hourly 10.99 11.52 12.09 695
Annually 22859.20 23961.60 25147.20 696
Step 1 Step 2 Step 3 Step 4 697
32 Hourly 10.01 10.46 10.99 11.52 698
Annually 20820.80 21756.80 22859.20 23961.60 699
Step 5 Step 6 Step 7 Step 8 700
Hourly 12.09 12.68 13.29 13.94 701
Annually 25147.20 26374.40 27643.20 28995.20 702
Step 1 Step 2 Step 3 Step 4 703
33 Hourly 10.99 11.52 12.09 12.68 704
Annually 22859.20 23961.60 25147.20 26374.40 705
Step 5 Step 6 Step 7 Step 8 706
Hourly 13.29 13.94 14.63 15.35 707
Annually 27643.20 28995.20 30430.40 31928.00 708
Step 1 Step 2 Step 3 Step 4 709
34 Hourly 12.09 12.68 13.29 13.94 710
Annually 25147.20 26374.40 27643.20 28995.20 711
Step 5 Step 6 Step 7 Step 8 712
Hourly 14.63 15.35 16.11 16.91 713
Annually 30430.40 31928.00 33508.80 35172.80 714
Step 1 Step 2 Step 3 Step 4 715
35 Hourly 13.29 13.94 14.63 15.35 716
Annually 27643.20 28995.20 30430.40 31928.00 717
Step 5 Step 6 Step 7 Step 8 718
Hourly 16.11 16.91 17.73 18.62 719
Annually 33508.80 35172.80 36878.40 38729.60 720
Step 1 Step 2 Step 3 Step 4 721
36 Hourly 14.63 15.35 16.11 16.91 722
Annually 30430.40 31928.00 33508.80 35172.80 723
Step 5 Step 6 Step 7 Step 8 724
Hourly 17.73 18.62 19.54 20.51 725
Annually 36878.40 38729.60 40643.20 42660.80 726

Schedule C727

Pay Range and Values
728

Range Minimum Maximum 729
41 Hourly 10.44 15.72 730
Annually 21715.20 32697.60 731
42 Hourly 11.51 17.35 732
Annually 23940.80 36088.00 733
43 Hourly 12.68 19.12 734
Annually 26374.40 39769.60 735
44 Hourly 13.99 20.87 736
Annually 29099.20 43409.60 737
45 Hourly 15.44 22.80 738
Annually 32115.20 47424.00 739
46 Hourly 17.01 24.90 740
Annually 35380.80 51792.00 741
47 Hourly 18.75 27.18 742
Annually 39000.00 56534.40 743
48 Hourly 20.67 29.69 744
Annually 42993.60 61755.20 745
49 Hourly 22.80 32.06 746
Annually 47424.00 66684.80 747

       (B) The pay schedule of all employees shall be on a biweekly 748
basis, with amounts computed on an hourly basis.749

       (C) Part-time employees shall be compensated on an hourly 750
basis for time worked, at the rates shown inas required by751
division (A) of this section or inby section 124.152 of the 752
Revised Code.753

       (D) The salary and wage rates indetermined under division 754
(A) of this section or inunder section 124.152 of the Revised 755
Code represent base rates of compensation and may be augmented by 756
the provisions of section 124.181 of the Revised Code. In those 757
cases where lodging, meals, laundry, or other personal services 758
are furnished an employee in the service of the state, the actual 759
costs or fair market value of the personal services shall be paid 760
by the employee in such amounts and manner as determined by the 761
director of administrative services and approved by the director 762
of budget and management, and those personal services shall not be 763
considered as a part of the employee's compensation. An appointing 764
authority that appoints employees in the service of the state, 765
with the approval of the director of administrative services and 766
the director of budget and management, may establish payments to 767
employees for uniforms, tools, equipment, and other requirements 768
of the department and payments for the maintenance of them.769

       The director of administrative services may review collective 770
bargaining agreements entered into under Chapter 4117. of the 771
Revised Code that cover employees in the service of the state and 772
determine whether certain benefits or payments provided to the 773
employees covered by those agreements should also be provided to 774
employees in the service of the state who are exempt from 775
collective bargaining coverage and are paid in accordance with 776
section 124.152 of the Revised Code or are listed in division 777
(B)(2) or (4) of section 124.14 of the Revised Code. On completing 778
the review, the director of administrative services, with the 779
approval of the director of budget and management, may provide to 780
some or all of these employees any payment or benefit, except for 781
salary, contained in such a collective bargaining agreement even 782
if it is similar to a payment or benefit already provided by law 783
to some or all of these employees. Any payment or benefit so 784
provided shall not exceed the highest level for that payment or 785
benefit specified in such a collective bargaining agreement. The 786
director of administrative services shall not provide, and the 787
director of budget and management shall not approve, any payment 788
or benefit to such an employee under this division unless the 789
payment or benefit is provided pursuant to a collective bargaining 790
agreement to a state employee who is in a position with similar 791
duties as, is supervised by, or is employed by the same appointing 792
authority as, the employee to whom the benefit or payment is to be 793
provided.794

       As used in this division, "payment or benefit already 795
provided by law" includes, but is not limited to, bereavement, 796
personal, vacation, administrative, and sick leave, disability 797
benefits, holiday pay, and pay supplements provided under the 798
Revised Code, but does not include wages or salary.799

       (E) New employees paid in accordance with schedule B of 800
division (A) of this section or schedule E-1 of section 124.152 of 801
the Revised Code shall be employed at the minimum rate established 802
for the range unless otherwise provided. Employees with 803
qualifications that are beyond the minimum normally required for 804
the position and that are determined by the director to be 805
exceptional may be employed in, or may be transferred or promoted 806
to, a position at an advanced step ofhigher salary or wage in the 807
range. Further, in time of a serious labor market condition when 808
it is relatively impossible to recruit employees at the minimum 809
rate for a particular classification, the entrance rate may be set 810
at an advanced stepa higher salary or wage in the range by the 811
director of administrative services. This rate may be limited to 812
geographical regions of the state. Appointments made to an 813
advanced stepa higher salary or wage under the provision 814
regarding exceptional qualifications shall not affect the step 815
assignmentsalary or wage of employees already serving. However, 816
anytime the hiring rate of an entire classification is advanced to 817
a higher stepsalary or wage, all incumbents of that 818
classification being paid at a step lower salary or wage than that 819
being used for hiring, shall be advanced beginning at the start of 820
the first pay period thereafter to the new hiring rate, and any 821
time accrued at the lower step will be used to calculate 822
advancement to a succeeding step. If the hiring rate of a 823
classification is increased for only a geographical region of the 824
state, only incumbents who work in that geographical region shall 825
be advanced to a higher stepsalary or wage. When an employee in 826
the unclassified service changes from one state position to 827
another or is appointed to a position in the classified service, 828
or if an employee in the classified service is appointed to a 829
position in the unclassified service, the employee's salary or 830
wage in the new position shall be determined in the same manner as 831
if the employee were an employee in the classified service. When 832
an employee in the unclassified service who is not eligible for 833
step increases is appointed to a classification in the classified 834
service under which step increases are provided, future step 835
increases shall be based on the date on which the employee last 836
received a pay increase. If the employee has not received an 837
increase during the previous year, the date of the appointment to 838
the classified service shall be used to determine the employee's 839
annual step advancement eligibility date. In reassigning any 840
employee to a classification resulting in a pay range increase or 841
to a new pay range as a result of a promotion, an increase pay 842
range adjustment, or other classification change resulting in a 843
pay range increase, the director shall assign such employee to the 844
stepa salary or wage in the new pay range that will provide an 845
increase of approximately four per cent if the new pay range can 846
accommodate the increase. When an employee is being assigned to a 847
classification or new pay range as the result of a class plan 848
change, if the employee has completed a probationary period, the 849
employee shall be placed in a step no lower than step two of the 850
new pay range. If the employee has not completed a probationary 851
period, the employee may be placed in step one of the new pay 852
range. Such new salary or wage shall become effective on such date 853
as the director determines.854

       (F) If employment conditions and the urgency of the work 855
require such action, the director of administrative services may, 856
upon the application of a department head, authorize payment at 857
any rate established within the range for the class of work, for 858
work of a casual or intermittent nature or on a project basis. 859
Payment at such rates shall not be made to the same individual for 860
more than three calendar months in any one calendar year. Any such 861
action shall be subject to the approval of the director of budget 862
and management as to the availability of funds. This section and 863
sections 124.14 and 124.152 of the Revised Code do not repeal any 864
authority of any department or public official to contract with or 865
fix the compensation of professional persons who may be employed 866
temporarily for work of a casual nature or for work on a project 867
basis.868

       (G)(1) Except as provided in divisionsdivision (G)(2) and 869
(3) of this section, each state employee paid in accordance with 870
schedule B of this section or schedule E-1 of section 124.152 of 871
the Revised Code shall be eligible for advancement to succeeding 872
stepshigher salaries or wages in the range for the employee's 873
class or grade according to the schedule established in this 874
division. Beginning on the first day of the pay period within 875
which the employee completes the prescribed probationary period in 876
the employee's classification with the state, each employee shall 877
receive an automatic salary adjustment equivalent to the next 878
higher step within the pay range for the employee's class or 879
grade.880

        Except as provided in divisions (G)(2) and (3) of this 881
section, each employee paid in accordance with schedule E-1 of 882
section 124.152 of the Revised Code shall be eligible to advance 883
to the next higher stepa higher salary or wage until the employee 884
reaches the top stepsalary or wage in the range for the 885
employee's class or grade, if the employee has maintained 886
satisfactory performance in accordance with criteria established 887
by the employee's appointing authority. Those step advancements 888
shall not occur more frequently than once in any twelve-month 889
period and shall be based upon merit.890

       When an employee is promoted, the step entry date shall be 891
set to account for a probationary period. When an employee is 892
reassigned to a higher pay range, the step entry date shall be set 893
to allow an employee who is not at the highest step of the range 894
to receive a step advancement one year from the reassignment date. 895
Step advancement shall not be affected by demotion. A promoted 896
employee shall advance to the next higher step of the pay range on 897
the first day of the pay period in which the required probationary 898
period is completed. Step advancement shall become effective at 899
the beginning of the pay period within which the employee attains 900
the necessary length of service. Time spent on authorized leave of 901
absence shall be counted for this purpose.902

       If determined to be in the best interest of the state 903
service, the director of administrative services may, either 904
statewide or in selected agencies, adjust the dates on which 905
annual step advancements are received by employees paid in 906
accordance with schedule E-1 of section 124.152 of the Revised 907
Code.908

       (2)(a) There shall be a moratorium on annual step 909
advancements under division (G)(1) of this section beginning June 910
21, 2009, through June 20, 2011. Step advancements shall resume 911
with the pay period beginning June 21, 2011. Upon the resumption 912
of step advancements, there shall be no retroactive step 913
advancements for the period the moratorium was in effect. The 914
moratorium shall not affect an employee's performance evaluation 915
schedule.916

       An employee who begins a probationary period before June 21, 917
2009, shall advance to the next step in the employee's pay range 918
at the end of probation, and then become subject to the 919
moratorium. An employee who is hired, promoted, or reassigned to a 920
higher pay range between June 21, 2009, through June 20, 2011, 921
shall not advance to the next step in the employee's pay range 922
until the next anniversary of the employee's date of hire, 923
promotion, or reassignment that occurs on or after June 21, 2011.924

       (b) The moratorium under division (G)(2)(a) of this section 925
shall apply to the employees of the secretary of state, the 926
auditor of state, the treasurer of state, and the attorney 927
general, who are subject to this section unless the secretary of 928
state, the auditor of state, the treasurer of state, or the 929
attorney general decides to exempt the office's employees from the 930
moratorium and so notifies the director of administrative services 931
in writing on or before July 1, 2009.932

       (3) Employees in intermittent positions shall be employed at 933
the minimum rate established for the pay range for their 934
classification and are not eligible for step advancements.935

       (H) Employees in appointive managerial or professional 936
positions paid in accordance with schedule C of this section or 937
schedule E-2 of section 124.152 of the Revised Code may be 938
appointed at any rate within the appropriate pay range. This rate 939
of pay may be adjusted higher or lower within the respective pay 940
range at any time the appointing authority so desires as long as 941
the adjustment is based on the employee's ability to successfully 942
administer those duties assigned to the employee. Salary 943
adjustments shall not be made more frequently than once in any 944
six-month period under this provision to incumbents holding the 945
same position and classification.946

       (I) When an employee is assigned to duty outside this state, 947
the employee may be compensated, upon request of the department 948
head and with the approval of the director of administrative 949
services, at a rate not to exceed fifty per cent in excess of the 950
employee's current base rate for the period of time spent on that 951
duty.952

       (J) Unless compensation for members of a board or commission 953
is otherwise specifically provided by law, the director of 954
administrative services shall establish the rate and method of 955
payment for members of boards and commissions pursuant to the pay 956
schedules listed in section 124.152 of the Revised Code.957

       (K) Regular full-time employees in positions assigned to 958
classes within the instruction and education administration series 959
under the rules of the director of administrative services, except 960
certificated employees on the instructional staff of the state 961
school for the blind or the state school for the deaf, whose 962
positions are scheduled to work on the basis of an academic year 963
rather than a full calendar year, shall be paid according to the 964
pay range assigned by such rules but only during those pay periods 965
included in the academic year of the school where the employee is 966
located.967

       (1) Part-time or substitute teachers or those whose period of 968
employment is other than the full academic year shall be 969
compensated for the actual time worked at the rate established by 970
this section.971

       (2) Employees governed by this division are exempt from 972
sections 124.13 and 124.19 of the Revised Code.973

       (3) Length of service for the purpose of determining 974
eligibility for step advancements as provided by division (G) of 975
this section and for the purpose of determining eligibility for 976
longevity pay supplements as provided by division (E) of section 977
124.181 of the Revised Code shall be computed on the basis of one 978
full year of service for the completion of each academic year.979

       (L) The superintendent of the state school for the deaf and 980
the superintendent of the state school for the blind shall, 981
subject to the approval of the superintendent of public 982
instruction, carry out both of the following:983

       (1) Annually, between the first day of April and the last day 984
of June, establish for the ensuing fiscal year a schedule of 985
hourly ratesrate ranges for the compensation of each certificated 986
employee on the instructional staff of that superintendent's 987
respective school constructed as follows:988

       (a) Determine for each level of training, experience, and 989
other professional qualification for which an hourly rate is set 990
forth in the current schedule, the per cent that rate is of the 991
rate set forth in such schedule for a teacher with a bachelor's 992
degree and no experience. If there is more than one such rate for 993
such a teacher, the lowest rate shall be used to make the 994
computation.995

       (b) Determine which six city, local, and exempted village 996
school districts with territory in Franklin county have in effect 997
on, or have adopted by, the first day of April for the school year 998
that begins on the ensuing first day of July, teacher salary 999
schedules with the highest minimum salaries for a teacher with a 1000
bachelor's degree and no experience;1001

       (c) Divide the sum of such six highest minimum salaries by 1002
ten thousand five hundred sixty;1003

       (d) Multiply each per cent determined in division (L)(1)(a) 1004
of this section by the quotient obtained in division (L)(1)(c) of 1005
this section;1006

       (e) One hundred five per cent of each product thus obtained 1007
shall be the hourly rate for the corresponding level of training, 1008
experience, or other professional qualification in the schedule 1009
for the ensuing fiscal year.1010

       (2) Annually, assign each certificated employee on the 1011
instructional staff of the superintendent's respective school to 1012
an hourly rate on the schedule that is commensurate with the 1013
employee's training, experience, and other professional 1014
qualifications.1015

       If an employee is employed on the basis of an academic year, 1016
the employee's annual salary shall be calculated by multiplying 1017
the employee's assigned hourly rate times one thousand seven 1018
hundred sixty. If an employee is not employed on the basis of an 1019
academic year, the employee's annual salary shall be calculated in 1020
accordance with the following formula:1021

       (a) Multiply the number of days the employee is required to 1022
work pursuant to the employee's contract by eight;1023

       (b) Multiply the product of division (L)(2)(a) of this 1024
section by the employee's assigned hourly rate.1025

       Each employee shall be paid an annual salary in biweekly 1026
installments. The amount of each installment shall be calculated 1027
by dividing the employee's annual salary by the number of biweekly 1028
installments to be paid during the year.1029

       Sections 124.13 and 124.19 of the Revised Code do not apply 1030
to an employee who is paid under this division.1031

       As used in this division, "academic year" means the number of 1032
days in each school year that the schools are required to be open 1033
for instruction with pupils in attendance. Upon completing an 1034
academic year, an employee paid under this division shall be 1035
deemed to have completed one year of service. An employee paid 1036
under this division is eligible to receive a pay supplement under 1037
division (L)(K)(1), (2), or (3) of section 124.181 of the Revised 1038
Code for which the employee qualifies, but is not eligible to 1039
receive a pay supplement under division (L)(K)(4) or (5) of that 1040
section. An employee paid under this division is eligible to 1041
receive a pay supplement under division (L)(K)(6) of section 1042
124.181 of the Revised Code for which the employee qualifies, 1043
except that the supplement is not limited to a maximum of five per 1044
cent of the employee's regular base salary in a calendar year.1045

       (M) Division (A) of this section does not apply to "exempt 1046
employees," as defined in section 124.152 of the Revised Code, who 1047
are paid under that section.1048

       Notwithstanding any other provisions of this chapter, when an 1049
employee transfers between bargaining units or transfers out of or 1050
into a bargaining unit, the director of administrative services 1051
shall establish the employee's compensation and adjust the maximum 1052
leave accrual schedule as the director deems equitable.1053

       Sec. 124.152.  (A)(1) Except as provided in divisions (A)(2) 1054
and (3) of this section, each exempt employee shall be paid a 1055
salary or wage in accordance with schedule E-1 or schedule E-2 of 1056
division (B) of this section.1057

       (2) Each exempt employee who holds a position in the 1058
unclassified civil service pursuant to division (A)(26) or (30) of 1059
section 124.11 of the Revised Code may be paid a salary or wage in 1060
accordance with schedule E-1, schedule E-1 for step seven only, or 1061
schedule E-2 of division (B) or (C) of this section, as 1062
applicable.1063

       (3)(a) Except as provided in division (A)(3)(b) of this 1064
section, each exempt employee who was paid a salary or wage at 1065
step 7 in the employee's pay range on June 28, 2003, in accordance 1066
with the applicable schedule E-1 of former section 124.152 of the 1067
Revised Code and who continued to be so paid on June 29, 2003, 1068
shall be paid a salary or wage in the corresponding pay range in 1069
schedule E-1 for step seven only of division (C) of this section 1070
for as long as the employee remains in the position the employee 1071
held as of July 1, 2003.1072

       (b) Except as provided in division (A)(3)(c) of this section, 1073
if an exempt employee who is being paid a salary or wage in 1074
accordance with schedule E-1 for step seven only of division (C) 1075
of this section moves to another position, the employee shall not 1076
receive a salary or wage for that position or any other position 1077
in the future in accordance with that schedule.1078

        (c) If an exempt employee who is being paid a salary or wage 1079
in accordance with schedule E-1 for step seven only of division 1080
(C) of this section moves to another position assigned to pay 1081
range 12 or above, the appointing authority may assign the 1082
employee to be paid a salary or wage in the appropriate pay range 1083
for that position in accordance with the schedule E-1 for step 1084
seven only of division (C) of this section, provided that the 1085
appointing authority so notifies the director of administrative 1086
services in writing at the time the employee is appointed to that 1087
position.1088

        (B) Beginning on the first day of the pay period that 1089
includes July 1, 2008the effective date of the amendment of this 1090
section by S.B. 5 of the 129th general assembly, each exempt 1091
employee who must be paid in accordance with schedule E-1 or 1092
schedule E-2 of this section shall be paid a salary or wage in 1093
accordance with, based upon merit, within the following schedule 1094
of ratesranges:1095

Schedule E-11096

Pay Ranges
and Step Values
1097

Step Step Step Step Step Step 1098
Range 1 Minimum 2 Maximum 3 4 5 6 1099
1 Hourly 10.07 10.52 10.97 11.44 1100
Annually 20946 21882 22818 23795 1101
2 Hourly 12.21 12.73 13.28 13.86 1102
Annually 25397 26478 27622 28829 1103
3 Hourly 12.79 13.37 13.96 14.57 1104
Annually 26603 27810 29037 30306 1105
4 Hourly 13.43 14.03 14.70 15.36 1106
Annually 27934 29182 30576 31949 1107
5 Hourly 14.09 14.73 15.36 16.03 1108
Annually 29307 30638 31949 33342 1109
6 Hourly 14.85 15.46 16.15 16.81 1110
Annually 30888 32157 33592 34965 1111
7 Hourly 15.77 16.35 17.02 17.62 18.30 1112
Annually 32802 34008 35402 36650 38064 1113
8 Hourly 16.66 17.40 18.15 18.97 19.78 1114
Annually 34653 36192 37752 39458 41142 1115
9 Hourly 17.78 18.70 19.62 20.60 21.65 1116
Annually 36982 38896 40810 42848 45032 1117
10 Hourly 19.19 20.23 21.32 22.55 23.76 1118
Annually 39915 42078 44346 46904 49421 1119
11 Hourly 20.89 22.11 23.39 24.71 26.11 1120
Annually 43451 45989 48651 51397 54309 1121
12 Hourly 23.04 24.34 25.65 27.07 28.58 30.13 1122
Annually 47923 50627 53352 56306 59446 62670 1123
13 Hourly 25.40 26.80 28.27 29.78 31.45 33.16 1124
Annually 52832 55744 58802 61942 65416 68973 1125
14 Hourly 27.93 29.51 31.10 32.80 34.65 36.59 1126
Annually 58094 61381 64688 68224 72072 76107 1127
15 Hourly 30.68 32.41 34.24 36.12 38.13 40.22 1128
Annually 63814 67413 71219 75130 79310 83658 1129
16 Hourly 33.83 35.71 37.67 39.79 41.98 44.38 1130
Annually 70366 74277 78354 82763 87318 92310 1131
17 Hourly 37.28 39.34 41.54 43.83 46.27 48.86 1132
Annually 77542 81827 86403 91166 96242 101629 1133
18 Hourly 41.08 43.36 45.80 48.31 50.99 53.84 1134
Annually 85446 90189 95264 100485 106059 111987 1135

Schedule E-21136

Range Minimum Maximum 1137
41 Hourly 16.23 37.25 1138
Annually 33758 77480 1139
42 Hourly 17.89 41.14 1140
Annually 37211 85571 1141
43 Hourly 19.70 45.31 1142
Annually 40976 94245 1143
44 Hourly 21.73 49.50 1144
Annually 45198 102960 1145
45 Hourly 24.01 54.04 1146
Annually 49941 112403 1147
46 Hourly 26.43 59.06 1148
Annually 54974 122845 1149
47 Hourly 29.14 64.45 1150
Annually 60611 134056 1151
48 Hourly 32.14 70.33 1152
Annually 66851 146286 1153
49 Hourly 35.44 75.94 1154
Annually 73715 157955 1155

       (C) Beginning on the first day of the pay period that 1156
includes July 1, 2008, each exempt employee who must be paid in 1157
accordance with salary schedule E-1 for step seven only shall be 1158
paid a salary or wage in accordance with the following schedule of 1159
rates:1160

Schedule E-1 for Step Seven Only1161

Pay Ranges
and Step Values
1162

Range 1163
12 Hourly 31.80 1164
Annually 66144 1165
13 Hourly 34.98 1166
Annually 72758 1167
14 Hourly 38.57 1168
Annually 80226 1169
15 Hourly 42.44 1170
Annually 88275 1171
16 Hourly 46.81 1172
Annually 97365 1173
17 Hourly 51.55 1174
Annually 107224 1175
18 Hourly 56.80 1176
Annually 118144 1177

       (D) As used in this section, "exempt employee" means a 1178
permanent full-time or permanent part-time employee paid directly 1179
by warrant of the director of budget and management whose position 1180
is included in the job classification plan established under 1181
division (A) of section 124.14 of the Revised Code but who is not 1182
considered a public employee for the purposes of Chapter 4117. of 1183
the Revised Code. As used in this section, "exempt employee" also 1184
includes a permanent full-time or permanent part-time employee of 1185
the secretary of state, auditor of state, treasurer of state, or 1186
attorney general who has not been placed in an appropriate 1187
bargaining unit by the state employment relations board.1188

       Sec. 124.181.  (A) Except as provided in divisions (M)(L)1189
and (P)(N) of this section, any employee paid in accordance with 1190
schedule B of section 124.15 or schedule E-1 or schedule E-1 for 1191
step seven only of section 124.152 of the Revised Code is eligible 1192
for the pay supplements provided in this section upon application 1193
by the appointing authority substantiating the employee's 1194
qualifications for the supplement and with the approval of the 1195
director of administrative services except as provided in division 1196
(E) of this section.1197

       (B)(1) Except as provided in section 124.183 of the Revised 1198
Code, in computing any of the pay supplements provided in this 1199
section for an employee paid in accordance with schedule B of 1200
section 124.15 of the Revised Code, the classification salary base 1201
shall be the minimum hourly rate of the pay range, provided in 1202
that section, in which the employee is assigned at the time of 1203
computation.1204

       (2) Except as provided in section 124.183 of the Revised 1205
Code, in computing any of the pay supplements provided in this 1206
section for an employee paid in accordance with schedule E-1 of 1207
section 124.152 of the Revised Code, the classification salary 1208
base shall be the minimum hourly rate of the pay range, provided 1209
in that section, in which the employee is assigned at the time of 1210
computation.1211

       (3) Except as provided in section 124.183 of the Revised 1212
Code, in computing any of the pay supplements provided in this 1213
section for an employee paid in accordance with schedule E-1 for 1214
step seven only of section 124.152 of the Revised Code, the 1215
classification salary base shall be the minimum hourly rate in the 1216
corresponding pay range, provided in schedule E-1 of that section, 1217
to which the employee is assigned at the time of the computation.1218

       (C) The effective date of any pay supplement, except as 1219
provided in section 124.183 of the Revised Code or unless 1220
otherwise provided in this section, shall be determined by the 1221
director.1222

       (D) The director shall, by rule, establish standards 1223
regarding the administration of this section.1224

       (E)(1) Except as otherwise provided in this division, 1225
beginning on the first day of the pay period within which the 1226
employee completes five years of total service with the state 1227
government or any of its political subdivisions, each employee in 1228
positions paid in accordance with schedule B of section 124.15 of 1229
the Revised Code or in accordance with schedule E-1 or schedule 1230
E-1 for step seven only of section 124.152 of the Revised Code 1231
shall receive an automatic salary adjustment equivalent to two and 1232
one-half per cent of the classification salary base, to the 1233
nearest whole cent. Each employee shall receive thereafter an 1234
annual adjustment equivalent to one-half of one per cent of the 1235
employee's classification salary base, to the nearest whole cent, 1236
for each additional year of qualified employment until a maximum 1237
of ten per cent of the employee's classification salary base is 1238
reached. The granting of longevity adjustments shall not be 1239
affected by promotion, demotion, or other changes in 1240
classification held by the employee, nor by any change in pay 1241
range for the employee's class or grade. Longevity pay adjustments 1242
shall become effective at the beginning of the pay period within 1243
which the employee completes the necessary length of service, 1244
except that when an employee requests credit for prior service, 1245
the effective date of the prior service credit and of any 1246
longevity adjustment shall be the first day of the pay period 1247
following approval of the credit by the director of administrative 1248
services. No employee, other than an employee who submits proof of 1249
prior service within ninety days after the date of the employee's 1250
hiring, shall receive any longevity adjustment for the period 1251
prior to the director's approval of a prior service credit. Time 1252
spent on authorized leave of absence shall be counted for this 1253
purpose.1254

       (2) An employee who has retired in accordance with the 1255
provisions of any retirement system offered by the state and who 1256
is employed by the state or any political subdivision of the state 1257
on or after June 24, 1987, shall not have prior service with the 1258
state or any political subdivision of the state counted for the 1259
purpose of determining the amount of the salary adjustment 1260
provided under this division.1261

       (3) There shall be a moratorium on employees' receipt under 1262
this division of credit for service with the state government or 1263
any of its political subdivisions during the period from July 1, 1264
2003, through June 30, 2005. In calculating the number of years of 1265
total service under this division, no credit shall be included for 1266
service during the moratorium. The moratorium shall apply to the 1267
employees of the secretary of state, the auditor of state, the 1268
treasurer of state, and the attorney general, who are subject to 1269
this section unless the secretary of state, the auditor of state, 1270
the treasurer of state, or the attorney general decides to exempt 1271
the office's employees from the moratorium and so notifies the 1272
director of administrative services in writing on or before July 1273
1, 2003.1274

       If an employee is exempt from the moratorium, receives credit 1275
for a period of service during the moratorium, and takes a 1276
position with another entity in the state government or any of its 1277
political subdivisions, either during or after the moratorium, and 1278
if that entity's employees are or were subject to the moratorium, 1279
the employee shall continue to retain the credit. However, if the 1280
moratorium is in effect upon the taking of the new position, the 1281
employee shall cease receiving additional credit as long as the 1282
employee is in the position, until the moratorium expires.1283

       (F) When an exceptional condition exists that creates a 1284
temporary or a permanent hazard for one or more positions in a 1285
class paid in accordance with schedule B of section 124.15 of the 1286
Revised Code or in accordance with schedule E-1 or schedule E-1 1287
for step seven only of section 124.152 of the Revised Code, a 1288
special hazard salary adjustment may be granted for the time the 1289
employee is subjected to the hazardous condition. All special 1290
hazard conditions shall be identified for each position and 1291
incidence from information submitted to the director on an 1292
appropriate form provided by the director and categorized into 1293
standard conditions of: some unusual hazard not common to the 1294
class; considerable unusual hazard not common to the class; and 1295
exceptional hazard not common to the class.1296

       (1) A hazardous salary adjustment of five per cent of the 1297
employee's classification salary base may be applied in the case 1298
of some unusual hazardous condition not common to the class for 1299
those hours worked, or a fraction of those hours worked, while the 1300
employee was subject to the unusual hazard condition.1301

       (2) A hazardous salary adjustment of seven and one-half per 1302
cent of the employee's classification salary base may be applied 1303
in the case of some considerable hazardous condition not common to 1304
the class for those hours worked, or a fraction of those hours 1305
worked, while the employee was subject to the considerable hazard 1306
condition.1307

       (3) A hazardous salary adjustment of ten per cent of the 1308
employee's classification salary base may be applied in the case 1309
of some exceptional hazardous condition not common to the class 1310
for those hours worked, or a fraction of those hours worked, when 1311
the employee was subject to the exceptional hazard condition.1312

       (4) Each claim for temporary hazard pay shall be submitted as 1313
a separate payment and shall be subject to an administrative audit 1314
by the director as to the extent and duration of the employee's 1315
exposure to the hazardous condition.1316

       (G)(F) When a full-time employee whose salary or wage is paid 1317
directly by warrant of the director of budget and management and 1318
who also is eligible for overtime under the "Fair Labor Standards 1319
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is 1320
ordered by the appointing authority to report back to work after 1321
termination of the employee's regular work schedule and the 1322
employee reports, the employee shall be paid for such time. The 1323
employee shall be entitled to four hours at the employee's total 1324
rate of pay or overtime compensation for the actual hours worked, 1325
whichever is greater. This division does not apply to work that is 1326
a continuation of or immediately preceding an employee's regular 1327
work schedule.1328

       (H)(G) When a certain position or positions paid in 1329
accordance with schedule B of section 124.15 of the Revised Code 1330
or in accordance with schedule E-1 or schedule E-1 for step seven 1331
only of section 124.152 of the Revised Code require the ability to 1332
speak or write a language other than English, a special pay 1333
supplement may be granted to attract bilingual individuals, to 1334
encourage present employees to become proficient in other 1335
languages, or to retain qualified bilingual employees. The 1336
bilingual pay supplement provided in this division may be granted 1337
in the amount of five per cent of the employee's classification 1338
salary base for each required foreign language and shall remain in 1339
effect as long as the bilingual requirement exists.1340

       (I)(H) The director of administrative services may establish 1341
a shift differential for employees. The differential shall be paid 1342
to employees in positions working in other than the regular or 1343
first shift. In those divisions or agencies where only one shift 1344
prevails, no shift differential shall be paid regardless of the 1345
hours of the day that are worked. The director and the appointing 1346
authority shall designate which positions shall be covered by this 1347
division.1348

       (J)(I) Whenever an employee is assigned to work in a higher 1349
level position for a continuous period of more than two weeks but 1350
no more than two years because of a vacancy, the employee's pay 1351
may be established at a rate that is approximately four per cent 1352
above the employee's current base rate for the period the employee 1353
occupies the position, provided that this temporary occupancy is 1354
approved by the director. Employees paid under this division shall 1355
continue to receive any of the pay supplements due them under 1356
other divisions of this section based on the step one1357
classification salary base rate for their normal classification.1358

       (K)(J) If a certain position, or positions, within a class 1359
paid in accordance with schedule B of section 124.15 of the 1360
Revised Code or in accordance with schedule E-1 or schedule E-1 1361
for step seven only of section 124.152 of the Revised Code are 1362
mandated by state or federal law or regulation or other regulatory 1363
agency or other certification authority to have special technical 1364
certification, registration, or licensing to perform the functions 1365
which are under the mandate, a special professional achievement 1366
pay supplement may be granted. This special professional 1367
achievement pay supplement shall not be granted when all 1368
incumbents in all positions in a class require a license as 1369
provided in the classification description published by the 1370
department of administrative services; to licensees where no 1371
special or extensive training is required; when certification is 1372
granted upon completion of a stipulated term of in-service 1373
training; when an appointing authority has required certification; 1374
or any other condition prescribed by the director.1375

       (1) Before this supplement may be applied, evidence as to the 1376
requirement must be provided by the agency for each position 1377
involved, and certification must be received from the director as 1378
to the director's concurrence for each of the positions so 1379
affected.1380

       (2) The professional achievement pay supplement provided in 1381
this division shall be granted in an amount up to ten per cent of 1382
the employee's classification salary base and shall remain in 1383
effect as long as the mandate exists.1384

       (L)(K) Those employees assigned to teaching supervisory, 1385
principal, assistant principal, or superintendent positions who 1386
have attained a higher educational level than a basic bachelor's 1387
degree may receive an educational pay supplement to remain in 1388
effect as long as the employee's assignment and classification 1389
remain the same.1390

       (1) An educational pay supplement of two and one-half per 1391
cent of the employee's classification salary base may be applied 1392
upon the achievement of a bachelor's degree plus twenty quarter 1393
hours of postgraduate work.1394

       (2) An educational pay supplement of an additional five per 1395
cent of the employee's classification salary base may be applied 1396
upon achievement of a master's degree.1397

       (3) An educational pay supplement of an additional two and 1398
one-half per cent of the employee's classification salary base may 1399
be applied upon achievement of a master's degree plus thirty 1400
quarter hours of postgraduate work.1401

       (4) An educational pay supplement of five per cent of the 1402
employee's classification salary base may be applied when the 1403
employee is performing as a master teacher.1404

       (5) An educational pay supplement of five per cent of the 1405
employee's classification salary base may be applied when the 1406
employee is performing as a special education teacher.1407

       (6) Those employees in teaching supervisory, principal, 1408
assistant principal, or superintendent positions who are 1409
responsible for specific extracurricular activity programs shall 1410
receive overtime pay for those hours worked in excess of their 1411
normal schedule, at their straight time hourly rate up to a 1412
maximum of five per cent of their regular base salary in any 1413
calendar year.1414

       (M)(L)(1) A state agency, board, or commission may establish 1415
a supplementary compensation schedule based upon merit for those 1416
licensed physicians employed by the agency, board, or commission 1417
in positions requiring a licensed physician. The supplementary 1418
compensation schedule, together with the compensation otherwise 1419
authorized by this chapter, shall provide for the total 1420
compensation for these employees to range appropriately, but not 1421
necessarily uniformly, for each classification title requiring a 1422
licensed physician, in accordance with a schedule approved by the 1423
state controlling board. The individual salary levels recommended 1424
for each such physician employed shall be approved by the 1425
director. Notwithstanding section 124.11 of the Revised Code, such 1426
personnel are in the unclassified civil service.1427

       (2) The director of administrative services may approve 1428
supplementary compensation for the director of health, if the 1429
director is a licensed physician, in accordance with a 1430
supplementary compensation schedule approved under division 1431
(M)(L)(1) of this section or in accordance with another 1432
supplementary compensation schedule the director of administrative 1433
services considers appropriate. The supplementary compensation 1434
shall not exceed twenty per cent of the director of health's base 1435
rate of pay.1436

       (N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36, 1437
117.42, and 131.02 of the Revised Code, the state shall not 1438
institute any civil action to recover and shall not seek 1439
reimbursement for overpayments made in violation of division (E) 1440
of this section or division (C) of section 9.44 of the Revised 1441
Code for the period starting after June 24, 1987, and ending on 1442
October 31, 1993.1443

       (O)(M) Employees of the office of the treasurer of state who 1444
are exempt from collective bargaining coverage may be granted a 1445
merit pay supplement of up to one and one-half per cent of their 1446
stepsalary or wage rate. The rate at which this supplement is 1447
granted shall be based on performance standards established by the 1448
treasurer of state. Any supplements granted under this division 1449
shall be administered on an annual basis.1450

       (P)(N) Intermittent employees appointed under section 124.30 1451
of the Revised Code are not eligible for the pay supplements 1452
provided by this section.1453

       (Q)(O) Employees of the office of the auditor of state who 1454
are exempt from collective bargaining and who are paid in 1455
accordance with schedule E-1 or in accordance with schedule E-1 1456
for step 7 only and are paid a salary or wage in accordance with 1457
the schedule of rates in division (B) or (C) of section 124.152 of 1458
the Revised Code shall receive a reduction of two per cent in 1459
their hourly and annual pay calculation beginning with the pay 1460
period that immediately follows July 1, 2009.1461

       Sec. 124.322.  Whenever a reduction in the work force is 1462
necessary, the appointing authority of an agency shall decide in 1463
which classification or classifications the layoff or layoffs will 1464
occur and the number of employees to be laid off within each 1465
affected classification. The director of administrative services 1466
shall adopt rules, under Chapter 119. of the Revised Code, 1467
establishing a method for determining layoff procedures and an 1468
order of layoff of, and the displacement and recall of, laid-off 1469
state and county employees.1470

       The order of layoff in those rules shall be based in part on 1471
length of service and may; however, the rules shall prohibit an 1472
agency from using an employee's length of service as the only 1473
factor to determine whether to lay off the employee. The rules 1474
shall include efficiency in service, appointment type, orand1475
similar other factors the director considers appropriate. If the 1476
director establishes relative efficiency as a criterion to be used 1477
in determining order of layoff for state and county employees, 1478
credit for efficiency may be other than ten per cent of total 1479
retention points.1480

       Sec. 124.325.  (A) An appointing authority shall calculate an 1481
employee's retention points based upon length of service, 1482
efficiency of service, and other similar factors the director of 1483
administrative services, in the rules the director adopts for 1484
state or county employees under section 124.322 of the Revised 1485
Code, or the appointing authority, as applicable, determines is 1486
appropriate. Retention points to reflect the length of continuous 1487
service and efficiency in service for all employees affected by a 1488
layoff shall be verified by the director of administrative 1489
services for positions in the service of the state.1490

       (B) An employee's length of continuous service will be 1491
carried from one layoff jurisdiction to another so long as no 1492
break in service occurs between transfers or appointments.1493

        (C) If(1) Except as otherwise provided in division (C)(2) of 1494
this section, an appointing authority shall adopt rules to 1495
determine which employee the appointing authority shall lay off 1496
first if two or more employees have an identical number of 1497
retention points, employees having the shortest period of 1498
continuous service shall be laid off first.1499

       (2) The director shall adopt rules in accordance with Chapter 1500
119. of the Revised Code to establish a system for the assignment 1501
of retention points for each employee in the service of the state 1502
in a classification affected by a layoff and for determining, in 1503
those instances where employees in the service of the state have 1504
identical retention points, which employee shall be laid off 1505
first. The rules shall permit an appointing authority to consider 1506
the number of management and nonmanagement employees when 1507
determining which employees to lay off.1508

       (D)(1) As used in this division, "affected employee" means a 1509
city employee who becomes a county employee, or a county employee 1510
who becomes a city employee, as the result of any of the 1511
following:1512

       (a) The merger of a city and a county office;1513

       (b) The merger of city and county functions or duties;1514

       (c) The transfer of functions or duties between a city and 1515
county.1516

       (2) For purposes of this section, the new employer of any 1517
affected employee shall treat the employee's prior service with a 1518
former employer as if it had been served with the new employer.1519

       (E) The director of administrative services shall adopt rules 1520
in accordance with Chapter 119. of the Revised Code to establish a 1521
system for the assignment of retention points for each employee in 1522
the service of the state in a classification affected by a layoff 1523
and for determining, in those instances where employees in the 1524
service of the state have identical retention points, which 1525
employee shall be laid off first.1526

       Sec. 124.34.  (A) The tenure of every officer or employee in 1527
the classified service of the state and the counties, civil 1528
service townships, cities, city health districts, general health 1529
districts, and city school districts of the state, holding a 1530
position under this chapter, shall be during good behavior and 1531
efficient service. No officer or employee shall be reduced in pay 1532
or position, fined, suspended, or removed, or have the officer's 1533
or employee's longevity reduced or eliminated, except as provided 1534
in section 124.32 of the Revised Code, and for incompetency, 1535
inefficiency, dishonesty, drunkenness, immoral conduct, 1536
insubordination, discourteous treatment of the public, neglect of 1537
duty, violation of any policy or work rule of the officer's or 1538
employee's appointing authority, violation of this chapter or the 1539
rules of the director of administrative services or the 1540
commission, any other failure of good behavior, any other acts of 1541
misfeasance, malfeasance, or nonfeasance in office, or conviction 1542
of a felony. The denial of a one-time pay supplement or a bonus to 1543
an officer or employee is not a reduction in pay for purposes of 1544
this section.1545

       This section does not apply to any modifications or 1546
reductions in pay authorized by division (Q)(O) of section 124.181 1547
or section 124.392 or 124.393 of the Revised Code.1548

       An appointing authority may require an employee who is 1549
suspended to report to work to serve the suspension. An employee 1550
serving a suspension in this manner shall continue to be 1551
compensated at the employee's regular rate of pay for hours 1552
worked. The disciplinary action shall be recorded in the 1553
employee's personnel file in the same manner as other disciplinary 1554
actions and has the same effect as a suspension without pay for 1555
the purpose of recording disciplinary actions.1556

       A finding by the appropriate ethics commission, based upon a 1557
preponderance of the evidence, that the facts alleged in a 1558
complaint under section 102.06 of the Revised Code constitute a 1559
violation of Chapter 102., section 2921.42, or section 2921.43 of 1560
the Revised Code may constitute grounds for dismissal. Failure to 1561
file a statement or falsely filing a statement required by section 1562
102.02 of the Revised Code may also constitute grounds for 1563
dismissal. The tenure of an employee in the career professional 1564
service of the department of transportation is subject to section 1565
5501.20 of the Revised Code.1566

       Conviction of a felony is a separate basis for reducing in 1567
pay or position, suspending, or removing an officer or employee, 1568
even if the officer or employee has already been reduced in pay or 1569
position, suspended, or removed for the same conduct that is the 1570
basis of the felony. An officer or employee may not appeal to the 1571
state personnel board of review or the commission any disciplinary 1572
action taken by an appointing authority as a result of the 1573
officer's or employee's conviction of a felony. If an officer or 1574
employee removed under this section is reinstated as a result of 1575
an appeal of the removal, any conviction of a felony that occurs 1576
during the pendency of the appeal is a basis for further 1577
disciplinary action under this section upon the officer's or 1578
employee's reinstatement.1579

       A person convicted of a felony immediately forfeits the 1580
person's status as a classified employee in any public employment 1581
on and after the date of the conviction for the felony. If an 1582
officer or employee is removed under this section as a result of 1583
being convicted of a felony or is subsequently convicted of a 1584
felony that involves the same conduct that was the basis for the 1585
removal, the officer or employee is barred from receiving any 1586
compensation after the removal notwithstanding any modification or 1587
disaffirmance of the removal, unless the conviction for the felony 1588
is subsequently reversed or annulled.1589

       Any person removed for conviction of a felony is entitled to 1590
a cash payment for any accrued but unused sick, personal, and 1591
vacation leave as authorized by law. If subsequently reemployed in 1592
the public sector, the person shall qualify for and accrue these 1593
forms of leave in the manner specified by law for a newly 1594
appointed employee and shall not be credited with prior public 1595
service for the purpose of receiving these forms of leave.1596

       As used in this division, "felony" means any of the 1597
following:1598

       (1) A felony that is an offense of violence as defined in 1599
section 2901.01 of the Revised Code;1600

       (2) A felony that is a felony drug abuse offense as defined 1601
in section 2925.01 of the Revised Code;1602

       (3) A felony under the laws of this or any other state or the 1603
United States that is a crime of moral turpitude;1604

       (4) A felony involving dishonesty, fraud, or theft;1605

       (5) A felony that is a violation of section 2921.05, 2921.32, 1606
or 2921.42 of the Revised Code.1607

       (B) In case of a reduction, a suspension of more than forty 1608
work hours in the case of an employee exempt from the payment of 1609
overtime compensation, a suspension of more than twenty-four work 1610
hours in the case of an employee required to be paid overtime 1611
compensation, a fine of more than forty hours' pay in the case of 1612
an employee exempt from the payment of overtime compensation, a 1613
fine of more than twenty-four hours' pay in the case of an 1614
employee required to be paid overtime compensation, or removal, 1615
except for the reduction or removal of a probationary employee, 1616
the appointing authority shall serve the employee with a copy of 1617
the order of reduction, fine, suspension, or removal, which order 1618
shall state the reasons for the action.1619

       Within ten days following the date on which the order is 1620
served or, in the case of an employee in the career professional 1621
service of the department of transportation, within ten days 1622
following the filing of a removal order, the employee, except as 1623
otherwise provided in this section, may file an appeal of the 1624
order in writing with the state personnel board of review or the 1625
commission. For purposes of this section, the date on which an 1626
order is served is the date of hand delivery of the order or the 1627
date of delivery of the order by certified United States mail, 1628
whichever occurs first. If an appeal is filed, the board or 1629
commission shall forthwith notify the appointing authority and 1630
shall hear, or appoint a trial board to hear, the appeal within 1631
thirty days from and after its filing with the board or 1632
commission. The board, commission, or trial board may affirm, 1633
disaffirm, or modify the judgment of the appointing authority. 1634
However, in an appeal of a removal order based upon a violation of 1635
a last chance agreement, the board, commission, or trial board may 1636
only determine if the employee violated the agreement and thus 1637
affirm or disaffirm the judgment of the appointing authority.1638

       In cases of removal or reduction in pay for disciplinary 1639
reasons, either the appointing authority or the officer or 1640
employee may appeal from the decision of the state personnel board 1641
of review or the commission, and any such appeal shall be to the 1642
court of common pleas of the county in which the appointing 1643
authority is located, or to the court of common pleas of Franklin 1644
county, as provided by section 119.12 of the Revised Code.1645

       (C) In the case of the suspension for any period of time, or 1646
a fine, demotion, or removal, of a chief of police, a chief of a 1647
fire department, or any member of the police or fire department of 1648
a city or civil service township, who is in the classified civil 1649
service, the appointing authority shall furnish the chief or 1650
member with a copy of the order of suspension, fine, demotion, or 1651
removal, which order shall state the reasons for the action. The 1652
order shall be filed with the municipal or civil service township 1653
civil service commission. Within ten days following the filing of 1654
the order, the chief or member may file an appeal, in writing, 1655
with the commission. If an appeal is filed, the commission shall 1656
forthwith notify the appointing authority and shall hear, or 1657
appoint a trial board to hear, the appeal within thirty days from 1658
and after its filing with the commission, and it may affirm, 1659
disaffirm, or modify the judgment of the appointing authority. An 1660
appeal on questions of law and fact may be had from the decision 1661
of the commission to the court of common pleas in the county in 1662
which the city or civil service township is situated. The appeal 1663
shall be taken within thirty days from the finding of the 1664
commission.1665

       (D) A violation of division (A)(7) of section 2907.03 of the 1666
Revised Code is grounds for termination of employment of a 1667
nonteaching employee under this section.1668

       (E) As used in this section, "last chance agreement" means an 1669
agreement signed by both an appointing authority and an officer or 1670
employee of the appointing authority that describes the type of 1671
behavior or circumstances that, if it occurs, will automatically 1672
lead to removal of the officer or employee without the right of 1673
appeal to the state personnel board of review or the appropriate 1674
commission.1675

       Sec. 124.38.  Each of the following shall be entitled for 1676
each completed eighty hours of service to sick leave of fourthree1677
and six-tenthsone-tenth hours with pay:1678

       (A) Employees in the various offices of the county, 1679
municipal, and civil service township service, other than 1680
superintendents and management employees, as defined in section 1681
5126.20 of the Revised Code, of county boards of developmental 1682
disabilities;1683

       (B) Employees of any state college or university;1684

       (C) Employees of any board of education for whom sick leave 1685
is not provided by section 3319.141 of the Revised Code.1686

       Employees may use sick leave, upon approval of the 1687
responsible administrative officer of the employing unit, for 1688
absence due to personal illness, pregnancy, injury, exposure to 1689
contagious disease that could be communicated to other employees, 1690
and illness, injury, or death in the employee's immediate family. 1691
Unused sick leave shall be cumulative without limit. When sick 1692
leave is used, it shall be deducted from the employee's credit on 1693
the basis of one hour for every one hour of absence from 1694
previously scheduled work. 1695

       The previously accumulated sick leave of an employee who has 1696
been separated from the public service shall be placed to the 1697
employee's credit upon the employee's re-employment in the public 1698
service, provided that the re-employment takes place within ten 1699
years of the date on which the employee was last terminated from 1700
public service. This ten-year period shall be tolled for any 1701
period during which the employee holds elective public office, 1702
whether by election or by appointment.1703

       An employee who transfers from one public agency to another 1704
shall be credited with the unused balance of the employee's 1705
accumulated sick leave up to the maximum of the sick leave 1706
accumulation permitted in the public agency to which the employee 1707
transfers. 1708

       The appointing authorities of the various offices of the 1709
county service may permit all or any part of a person's accrued 1710
but unused sick leave acquired during service with any regional 1711
council of government established in accordance with Chapter 167. 1712
of the Revised Code to be credited to the employee upon a transfer 1713
as if the employee were transferring from one public agency to 1714
another under this section.1715

       The appointing authority of each employing unit shall require 1716
an employee to furnish a satisfactory written, signed statement to 1717
justify the use of sick leave. If medical attention is required, a 1718
certificate stating the nature of the illness from a licensed 1719
physician shall be required to justify the use of sick leave. 1720
Falsification of either a written, signed statement or a 1721
physician's certificate shall be grounds for disciplinary action, 1722
including dismissal.1723

       This section does not interfere with existing unused sick 1724
leave credit in any agency of government where attendance records 1725
are maintained and credit has been given employees for unused sick 1726
leave.1727

       Notwithstanding this section or any other section of the 1728
Revised Code, any appointing authority of a county office, 1729
department, commission, board, or body may, upon notification to 1730
the board of county commissioners, establish alternative schedules 1731
of sick leave for employees of the appointing authority for whom 1732
the state employment relations board has not established an 1733
appropriate bargaining unit pursuant to section 4117.06 of the 1734
Revised Code, as long as the alternative schedules are not 1735
inconsistent with the provisions of at least one collective 1736
bargaining agreement covering other employees of that appointing 1737
authority, if such a collective bargaining agreement exists. If no 1738
such collective bargaining agreement exists, an appointing 1739
authority may, upon notification to the board of county 1740
commissioners, establish an alternative schedule of sick leave for 1741
its employees that does not diminish the sick leave benefits 1742
granted by this section.1743

       Any sick leave that a board of education awards shall be 1744
awarded in accordance with the leave policy the board adopts 1745
pursuant to section 3319.141 of the Revised Code.1746

       Sec. 124.388.  (A) AnExcept as otherwise provided in 1747
division (C) of this section, an appointing authority may, in its 1748
discretion, place an employee on administrative leave with pay. 1749
Administrative leave with pay is to be used only in circumstances 1750
where the health or safety of an employee or of any person or 1751
property entrusted to the employee's care could be adversely 1752
affected. Compensation for administrative leave with pay shall be 1753
equal to the employee's base rate of pay. The length of 1754
administrative leave with pay is solely at the discretion of the 1755
appointing authority, but shall not exceed the length of the 1756
situation for which the leave was granted. An appointing authority 1757
may also grant administrative leave with pay of two days or less 1758
for employees who are moved in accordance with section 124.33 of 1759
the Revised Code.1760

       (B) AnExcept as otherwise provided in division (C) of this 1761
section, an appointing authority may, in its discretion, place an 1762
employee on administrative leave without pay for a period not to 1763
exceed two months, if the employee has been charged with a 1764
violation of law that is punishable as a felony. If the employee 1765
subsequently does not plead guilty to or is not found guilty of a 1766
felony with which the employee is charged or any other felony, the 1767
appointing authority shall pay the employee at the employee's base 1768
rate of pay, plus interest, for the period the employee was on the 1769
unpaid administrative leave.1770

       (C) An appointing authority that is a city school district 1771
may place an employee on administrative leave in accordance with 1772
the policy the board of education of the district adopts pursuant 1773
to section 3319.141 of the Revised Code.1774

       Sec. 124.39.  As used in this section, "retirement" means 1775
disability or service retirement under any state or municipal 1776
retirement system in this state.1777

       (A)(1) Except as provided in division (A)(3) of this section, 1778
an employee of a state college or university may elect, at the 1779
time of retirement from active service and with ten or more years 1780
of service with the state or any of its political subdivisions, to 1781
be paid in cash for one-fourth of the value of the employee's 1782
accrued but unused sick leave credit. Such payment shall be based 1783
on the employee's rate of pay at the time of retirement. Payment 1784
for sick leave on this basis shall be considered to eliminate all 1785
sick leave credit accrued by the employee at that time. Such 1786
payment shall be made only once to any employee. The maximum 1787
payment which may be made under this division shall be for 1788
one-fourth of one hundred twenty days.1789

       (2) A state college or university may adopt a policy allowing 1790
an employee to receive payment for more than one-fourth the value 1791
of the employee's unused sick leave or for more than the aggregate 1792
value of thirty days of the employee's unused sick leave, or 1793
allowing the number of years of service to be less than ten.1794

       (3) Notwithstanding the provisions of division (A)(1) of this 1795
section, any employee who retired from the university of 1796
Cincinnati on or after September 25, 1978, and on or before 1797
November 15, 1981, may be paid in cash for up to one-half of the 1798
value of the employee's accrued but unused sick leave credit up to 1799
a maximum of sixty days if the employee otherwise meets the 1800
service and other requirements necessary to receive such payment 1801
and if any such payment has deducted from it any amount previously 1802
paid to the employee from the employee's accrued but unused sick 1803
leave credit at the time of the employee's retirement.1804

       (B) Except as provided in division (C) of this section, an 1805
employee of a political subdivision covered by section 124.38 or 1806
3319.141 of the Revised Code may elect, at the time of retirement 1807
from active service with the political subdivision, and with ten 1808
or more years of service with the state, any political 1809
subdivisions, or any combination thereof, to be paid in cash for 1810
one-fourth the value of the employee's accrued but unused sick 1811
leave credit. The payment shall be based on the employee's rate of 1812
pay at the time of retirement and eliminates all sick leave credit 1813
accrued but unused by the employee at the time payment is made. An 1814
employee may receive one or more payments under this division, but 1815
the aggregate value of accrued but unused sick leave credit that 1816
is paid shall not exceed, for all payments, the value of thirty 1817
days of accrued but unused sick leave.1818

       (C) A political subdivision may adopt a policy allowing an 1819
employee to receive payment for more than one-fourth the value of 1820
the employee's unused sick leave or for more than the aggregate 1821
value of thirty days of the employee's unused sick leave, or 1822
allowing the number of years of service to be less than ten. The 1823
political subdivision may also adopt a policy permitting an 1824
employee to receive payment upon a termination of employment other 1825
than retirement or permitting more than one payment to any 1826
employee. Any policy adopted under this division by a political 1827
subdivision that is a city school district shall comply with the 1828
policy the board of education of the district adopts pursuant to 1829
section 3319.141 of the Revised Code.1830

       Notwithstanding section 325.17 or any other section of the 1831
Revised Code authorizing any appointing authority of a county 1832
office, department, commission, or board to set compensation, any 1833
modification of the right provided by division (B) of this 1834
section, and any policy adopted under division (C) of this 1835
section, shall only apply to a county office, department, 1836
commission, or board if it is adopted in one of the following 1837
ways:1838

       (1) By resolution of the board of county commissioners for 1839
any office, department, commission, or board that receives at 1840
least one-half of its funding from the county general revenue 1841
fund;1842

       (2) By order of any appointing authority of a county office, 1843
department, commission, or board that receives less than one-half 1844
of its funding from the county general revenue fund. Such office, 1845
department, commission, or board shall provide written notice to 1846
the board of county commissioners of such order.1847

       (3) As part of a collective bargaining agreement.1848

       A political subdivision may adopt policies similar to the 1849
provisions contained in sections 124.382 to 124.386 of the Revised 1850
Code.1851

       Sec. 124.81.  (A) Except as provided in division (F) of this 1852
section, the department of administrative services in consultation 1853
with the superintendent of insurance shall negotiate with and, in 1854
accordance with the competitive selection procedures of Chapter 1855
125. of the Revised Code, contract with one or more insurance 1856
companies authorized to do business in this state, for the 1857
issuance of one of the following:1858

       (1) A policy of group life insurance covering all state 1859
employees who are paid directly by warrant of the state auditor, 1860
including elected state officials;1861

       (2) A combined policy, or coordinated policies of one or more 1862
insurance companies or health insuring corporations in combination 1863
with one or more insurance companies providing group life and 1864
health, medical, hospital, dental, or surgical insurance, or any 1865
combination thereof, covering all such employees;1866

       (3) A policy that may include, but is not limited to, 1867
hospitalization, surgical, major medical, dental, vision, and 1868
medicalhealth care, disability, hearing aids, prescription drugs1869
benefits, group life, life, sickness, and accident insurance, 1870
group legal services, or a combination of the above benefits for 1871
some or all of the employees paid in accordance with section 1872
124.152 of the Revised Code and for some or all of the employees 1873
listed in divisions (B)(2) and (4) of section 124.14 of the 1874
Revised Code, and their immediate dependents.1875

       (B) The department of administrative services in consultation 1876
with the superintendent of insurance shall negotiate with and, in 1877
accordance with the competitive selection procedures of Chapter 1878
125. of the Revised Code, contract with one or more insurance 1879
companies authorized to do business in this state, for the 1880
issuance of a policy of group life insurance covering all 1881
municipal and county court judges. The amount of such coverage 1882
shall be an amount equal to the aggregate salary set forth for 1883
each municipal court judge in sections 141.04 and 1901.11 of the 1884
Revised Code, and set forth for each county court judge in 1885
sections 141.04 and 1907.16 of the Revised Code. 1886

       (C) If a state employee uses all accumulated sick leave and 1887
then goes on an extended medical disability, the policyholder 1888
shall continue at no cost to the employee the coverage of the 1889
group life insurance for such employee for the period of such 1890
extended leave, but not beyond three years.1891

       (D) If a state employee insured under a group life insurance 1892
policy as provided in division (A) of this section is laid off 1893
pursuant to section 124.32 of the Revised Code, such employee by 1894
request to the policyholder, made no later than the effective date 1895
of the layoff, may elect to continue the employee's group life 1896
insurance for the one-year period through which the employee may 1897
be considered to be on laid-off status by paying the policyholder 1898
through payroll deduction or otherwise twelve times the monthly 1899
premium computed at the existing average rate for the group life 1900
case for the amount of the employee's insurance thereunder at the 1901
time of the employee's layoff. The policyholder shall pay the 1902
premiums to the insurance company at the time of the next regular 1903
monthly premium payment for the actively insured employees and 1904
furnish the company appropriate data as to such laid-off 1905
employees. At the time an employee receives written notice of a 1906
layoff, the policyholder shall also give such employee written 1907
notice of the opportunity to continue group life insurance in 1908
accordance with this division. When such laid-off employee is 1909
reinstated for active work before the end of the one-year period, 1910
the employee shall be reclassified as insured again as an active 1911
employee under the group and appropriate refunds for the number of 1912
full months of unearned premium payment shall be made by the 1913
policyholder.1914

       (E) This section does not affect the conversion rights of an 1915
insured employee when the employee's group insurance terminates 1916
under the policy.1917

       (F) Notwithstanding division (A) of this section, the 1918
department may provide benefits equivalent to those that may be 1919
paid under a policy issued by an insurance company, or the 1920
department may, to comply with a collectively bargained contract, 1921
enter into an agreement with a jointly administered trust fund 1922
which receives contributions pursuant to a collective bargaining 1923
agreement entered into between this state, or any of its political 1924
subdivisions, and any collective bargaining representative of the 1925
employees of this state or any political subdivision for the 1926
purpose of providing for self-insurance of all risk in the 1927
provision of fringe benefits similar to those that may be paid 1928
pursuant to division (A) of this section, and the jointly 1929
administered trust fund may provide through the self-insurance 1930
method specific fringe benefits as authorized by the rules of the 1931
board of trustees of the jointly administered trust fund. Any 1932
health care benefits provided through the fund shall be the same 1933
as those health care benefits provided under a contract entered 1934
into under division (A) of this section. The director shall make 1935
any contract entered into under division (A) of this section that 1936
provides health care benefits available to the board of trustees 1937
of the jointly administered trust fund. Amounts from the fund may 1938
be used to pay direct and indirect costs that are attributable to 1939
consultants or a third-party administrator and that are necessary 1940
to administer this section. Benefits provided under this section 1941
include, but are not limited to, hospitalization, surgical care, 1942
major medical care, disability, dental care, vision care, medical1943
health care, hearing aids, prescription drugsbenefits, group life 1944
insurance, sickness and accident insurance, group legal services, 1945
or a combination of the above benefits, for the employees and 1946
their immediate dependents.1947

       (G) Notwithstanding any other provision of the Revised Code, 1948
any public employer, including the state, and any of its political 1949
subdivisions, including, but not limited to, any county, county 1950
hospital, municipal corporation, township, park district, school 1951
district, state institution of higher education, public or special 1952
district, state agency, authority, commission, or board, or any 1953
other branch of public employment, and any collective bargaining 1954
representative of employees of the state or any political 1955
subdivision may agree in a collective bargaining agreement that 1956
any mutually agreed fringe benefit including, but not limited to, 1957
hospitalization, surgical care, major medical care, disability, 1958
dental care, vision care, medicalhealth care, hearing aids, 1959
prescription drugsbenefits, group life insurance, sickness and 1960
accident insurance, group legal services, or a combination 1961
thereof, for employees and their dependents be provided through a 1962
mutually agreed upon contribution to a jointly administered trust 1963
fund. Amounts from the fund may be used to pay direct and indirect 1964
costs that are attributable to consultants or a third-party 1965
administrator and that are necessary to administer this section. 1966
The amount, type, and structure of fringe benefits provided under 1967
this division is subject to the determination of the board of 1968
trustees of the jointly administered trust fund, except that any 1969
health care benefits provided through the fund shall be the same 1970
as those health care benefits provided under a contract entered 1971
into between the public employer and the insurance company 1972
providing those benefits. The public employer shall make that 1973
contract available to the board of trustees of the jointly 1974
administered trust fund. Notwithstanding any other provision of 1975
the Revised Code, competitive bidding does not apply to the 1976
purchase of fringe benefits for employees under this division 1977
through a jointly administered trust fund.1978

       (H) The health care benefits provided to a management level 1979
employee, as defined in section 4117.01 of the Revised Code, under 1980
a contract entered into under this section shall be the same as 1981
any health care benefits provided to other employees of the same 1982
public employer.1983

       (I) A public employer, including the state and any of its 1984
political subdivisions, shall not pay more than eighty-five per 1985
cent of the cost of the provision of health care benefits pursuant 1986
to this section.1987

       (J) As used in this section and section 124.82 of the Revised 1988
Code, "health care benefits" includes hospitalization, surgical, 1989
major medical, dental, vision, and medical care, disability, 1990
hearing aids, prescription drugs, or a combination of these 1991
benefits.1992

       Sec. 124.82.  (A) Except as provided in division (D) of this 1993
section, the department of administrative services, in 1994
consultation with the superintendent of insurance, shall, in 1995
accordance with competitive selection procedures of Chapter 125. 1996
of the Revised Code, contract with an insurance company or a 1997
health plan in combination with an insurance company, authorized 1998
to do business in this state, for the issuance of a policy or 1999
contract of health, medical, hospital, dental, or surgical 2000
benefits, or any combination of those benefits, covering state 2001
employees who are paid directly by warrant of the director of 2002
budget and management, including elected state officials. The 2003
department may fulfill its obligation under this division by 2004
exercising its authority under division (A)(2) of section 124.81 2005
of the Revised Code.2006

       (B) The department may, in addition, in consultation with the 2007
superintendent of insurance, negotiate and contract with health 2008
insuring corporations holding a certificate of authority under 2009
Chapter 1751. of the Revised Code, in their approved service areas 2010
only, for issuance of a contract or contracts of health care 2011
services, covering state employees who are paid directly by 2012
warrant of the director of budget and management, including 2013
elected state officials. The department may enter into contracts 2014
with one or more insurance carriers or health plans to provide the 2015
same plan of benefits, provided that:2016

       (1) The amount of the premium or cost for such coverage 2017
contributed by the state, for an individual or for an individual 2018
and the individual's family, does not exceed that same amount of 2019
the premium or cost contributed by the state under division (A) of 2020
this section;2021

       (2) The employee be permitted to exercise the option as to 2022
which plan the employee will select under division (A) or (B) of 2023
this section, at a time that shall be determined by the 2024
department;2025

       (3) The health insuring corporations do not refuse to accept 2026
the employee, or the employee and the employee's family, if the 2027
employee exercises the option to select care provided by the 2028
corporations;2029

       (4) The employee may choose participation in only one of the 2030
plans sponsored by the department;2031

       (5) The director of health examines and certifies to the 2032
department that the quality and adequacy of care rendered by the 2033
health insuring corporations meet at least the standards of care 2034
provided by hospitals and physicians in that employee's community, 2035
who would be providing such care as would be covered by a contract 2036
awarded under division (A) of this section.2037

       (C) AllExcept as provided in division (G) of this section, 2038
all or any portion of the cost, premium, or charge for the 2039
coverage in divisions (A) and (B) of this section may be paid in 2040
such manner or combination of manners as the department determines 2041
and may include the proration of health care costs, premiums, or 2042
charges for part-time employees.2043

       (D) Notwithstanding division (A) of this section, the 2044
department may provide benefits equivalent to those that may be 2045
paid under a policy or contract issued by an insurance company or 2046
a health plan pursuant to division (A) of this section.2047

       (E) This section does not prohibit the state office of 2048
collective bargaining from entering into an agreement with an 2049
employee representative for the purposes of providing fringe 2050
benefits, including, but not limited to, hospitalization, surgical 2051
care, major medical care, disability, dental care, vision care, 2052
medicalhealth care, hearing aids, prescription drugsbenefits, 2053
group life insurance, sickness and accident insurance, group legal 2054
services or other benefits, or any combination of those benefits, 2055
to employees paid directly by warrant of the director of budget 2056
and management through a jointly administered trust fund. The 2057
employer's contribution for the cost of the benefit care shall be 2058
mutually agreed to in the collectively bargained agreement. The 2059
amount, type, and structure of fringe benefits provided under this 2060
division is subject to the determination of the board of trustees 2061
of the jointly administered trust fund. Any health care benefits 2062
provided through the fund shall be the same as those health care 2063
benefits provided under a contract entered into under division (A) 2064
of section 124.81 of the Revised Code. The director of 2065
administrative services shall make any contract entered into under 2066
that division that provides health care benefits available to the 2067
board of trustees of the jointly administered trust fund.2068
Notwithstanding any other provision of the Revised Code, 2069
competitive bidding does not apply to the purchase of fringe 2070
benefits for employees under this division when those benefits are 2071
provided through a jointly administered trust fund.2072

       (F) Members of state boards or commissions may be covered by 2073
any policy, contract, or plan of benefits or services described in 2074
division (A) or (B) of this section. Board or commission members 2075
who are appointed for a fixed term and who are compensated on a 2076
per meeting basis, or paid only for expenses, or receive a 2077
combination of per diem payments and expenses shall pay the entire 2078
amount of the premiums, costs, or charges for that coverage.2079

       (G) The health care benefits provided to a management level 2080
employee, as defined in section 4117.01 of the Revised Code, under 2081
a contract entered into under this section shall be the same as 2082
any health care benefits provided to other employees of the same 2083
public employer.2084

       (H) A state employee who receives insurance under this 2085
section shall pay at least fifteen per cent of the cost of the 2086
premium assessed for any insurance policy issued pursuant to this 2087
section that covers health, medical, hospital, or surgical 2088
benefits.2089

       Sec. 145.47.  (A) Each public employee who is a contributor 2090
to the public employees retirement system shall contribute eight 2091
per cent of the contributor's earnable salary to the employees' 2092
savings fund, except that the public employees retirement board 2093
may raise the contribution rate to a rate not greater than ten per 2094
cent of the employee's earnable salary.2095

       The contributions required under this section shall not be 2096
paid by an employer on an employee's behalf, but may be treated as 2097
employer contributions for purposes of state and federal income 2098
tax deferred income provisions.2099

       (B) The head of each state department, institution, board, 2100
and commission, and the fiscal officer of each local authority 2101
subject to this chapter, shall deduct from the earnable salary of 2102
each contributor on every payroll of such contributor for each 2103
payroll period subsequent to the date of coverage, an amount equal 2104
to the applicable per cent of the contributor's earnable salary. 2105
The head of each state department and the fiscal officer of each 2106
local authority subject to this chapter shall transmit promptly to 2107
the system a report of contributions at such intervals and in such 2108
form as the system shall require, showing thereon all deductions 2109
for the system made from the earnable salary of each contributor 2110
employed, together with warrants, checks, or electronic payments 2111
covering the total of such deductions. A penalty shall be added 2112
when such report, together with warrants, checks, or electronic 2113
payments to cover the total amount due from the earnable salary of 2114
all amenable employees of such employer, is filed thirty or more 2115
days after the last day of such reporting period. The system, 2116
after making a record of all receipts under this division, shall 2117
deposit the receipts with the treasurer of state for use as 2118
provided by this chapter.2119

       (C) Unless the board adopts a rule under division (D) of this 2120
section, the penalty described in division (B) of this section for 2121
failing to timely transmit a report, pay the total amount due, or 2122
both is as follows:2123

       (1) At least one but not more than ten days past due, an 2124
amount equal to one per cent of the total amount due;2125

       (2) At least eleven but not more than thirty days past due, 2126
an amount equal to two and one-half per cent of the total amount 2127
due;2128

       (3) Thirty-one or more days past due, an amount equal to five 2129
per cent of the total amount due.2130

       The penalty described in this division shall be added to and 2131
collected on the next succeeding regular employer billing. 2132
Interest at a rate set by the retirement board shall be charged on 2133
the amount of the penalty in case such penalty is not paid within 2134
thirty days after it is added to the regular employer billing. 2135

       (D) The board may adopt rules to establish penalties in 2136
amounts that do not exceed the amounts specified in divisions 2137
(C)(1) to (3) of this section.2138

       (E) In addition to the periodical reports of deduction 2139
required by this section, the fiscal officer of each local 2140
authority subject to this chapter shall submit to the system at 2141
least once each year a complete listing of all noncontributing 2142
appointive employees. Where an employer fails to transmit 2143
contributions to the system, the system may make a determination 2144
of the employees' liability for contributions and certify to the 2145
employer the amounts due for collection in the same manner as 2146
payments due the employers' accumulation fund. Any amounts so 2147
collected shall be held in trust pending receipt of a report of 2148
contributions for such public employees for the period involved as 2149
provided by law and, thereafter, the amount in trust shall be 2150
transferred to the employees' savings fund to the credit of the 2151
employees. Any amount remaining after the transfer to the 2152
employees' savings fund shall be transferred to the employers' 2153
accumulation fund as a credit of such employer. 2154

       (F) The fiscal officer of each local authority subject to 2155
this chapter shall require each new contributor to submit to the 2156
system a detailed report of all the contributor's previous service 2157
as a public employee along with such other facts as the board 2158
requires for the proper operation of the system.2159

       (G) Any member who, because of the member's own illness, 2160
injury, or other reason which may be approved by the member's 2161
employer is prevented from making the member's contribution to the 2162
system for any payroll period, may pay such deductions as a back 2163
payment within one year.2164

       Sec. 306.04.  (A) Except as otherwise provided in division 2165
(B) of this section, employees of a county transit board or a 2166
board of county commissioners operating a transit system are 2167
employees of the county. If the system is operated by the board of 2168
county commissioners, the board shall appoint an executive 2169
director, who shall be in the unclassified service.2170

       (B) Any county transit board that established its own civil 2171
service organization and procedure prior to the effective date of 2172
this amendmentOctober 25, 1995, shall continue to operate under 2173
that organization. Appointments and promotions in that system 2174
shall be made, as far as practicable, by competitive examination.2175

       A board that established its own civil service organization 2176
prior to the effective date of this amendmentOctober 25, 1995,2177
shall establish by rule the seniority provisions relating to 2178
street railway and motor bus employees in effect at the time of 2179
the acquisition of the transit system by the county. When a 2180
reduction in force is necessary, the board shall not use an 2181
employee's length of service as the only factor to determine 2182
whether to lay off the employee. The vacation, holiday, and sick 2183
leave privileges shall not be regulated by other provisions of law 2184
relating to public employees of the state or county, except that 2185
the transit board, its officers and employees, shall be subject to 2186
the public employees retirement system of the state and the 2187
transit board shall assume any pension obligations which have been 2188
assumed by any publicly owned transit system which the county may 2189
acquire.2190

       (C) A county transit board or board of county commissioners 2191
operating a transit system may:2192

       (1) Acquire in its name by gift, grant, purchase, or 2193
condemnation and hold and operate real estate and interests 2194
therein and personal property suitable for its purposes;2195

       (2) In its name purchase, acquire, construct, enlarge, 2196
improve, equip, repair, maintain, sell, exchange, lease as lessee 2197
or lessor, receive a right of use of, and manage, control, and 2198
operate, in or out of the county, a county transit system 2199
consisting of all real estate and interests therein, personal 2200
property, and a combination thereof, for or related to the 2201
movement of persons including but not limited to street railway, 2202
tramline, subways, rapid transits, monorails, and passenger bus 2203
systems but excluding therefrom trucks, the movement of property 2204
by truck, and facilities designed for use in the movement of 2205
property by truck for hire;2206

       (3) Issue, with the approval of the county commissioners when 2207
the issuance is made by the transit board, revenue bonds of the 2208
county as provided in division (B) of section 306.09 of the 2209
Revised Code, to secure funds to accomplish its purposes. The 2210
principal of and interest on such bonds, together with all other 2211
payments required to be made by the trust agreement or indenture 2212
securing such bonds, shall be paid solely from revenues or other 2213
income accruing to the board from facilities of the county transit 2214
system designated in said agreement or indenture.2215

       (4) Enter into contracts in the exercise of the rights, 2216
powers, and duties conferred upon it, and execute all instruments 2217
necessary in the conduct of its business;2218

       (5) Fix, alter, and charge rates and other charges for the 2219
use of its real estate and interests therein, personal property, 2220
and combinations thereof;2221

       (6) Employ such financial consultants, accountants, 2222
appraisers, consulting engineers, architects, construction 2223
experts, attorneys-at-law, managers and other supervisory 2224
personnel, and other officers, employees, and agents as it 2225
determines necessary to conduct its business, and fix their 2226
compensation and duties;2227

       (7) Pledge, hypothecate, or otherwise encumber its revenues 2228
and other income as security for its obligations and enter into 2229
trust agreements or indentures for the benefit of revenue 2230
bondholders;2231

       (8) Borrow money or accept or contract to accept advances, 2232
loans, gifts, grants, devises, or bequests from and enter into 2233
contracts or agreements with any federal, state, or other 2234
governmental or private source and hold and apply advances, loans, 2235
gifts, grants, devises, or bequests according to the terms thereof 2236
including provisions which are required by such federal, state, or 2237
other governmental or private source to protect the interest of 2238
employees affected by such advances, loans, gifts, grants, 2239
devises, or bequests. Such advances, loans, gifts, grants, or 2240
devises may be subject to any reasonable reservation and any gift, 2241
grant, or devise or real estate may be in fee simple or any lesser 2242
estate. Any advances or loans received from any federal, state, or 2243
other governmental or private source may be repaid in accordance 2244
with the terms of such advance or loan.2245

       (9) Conduct investigations and surveys into the needs of the 2246
public within or without the county for transportation services to 2247
provide for the movement of persons within, into, or from the area 2248
serviced or to be serviced by the county transit system;2249

       (10) Enter into lawful arrangements with the appropriate 2250
federal or state department or agency, county, township, municipal 2251
corporation, or other political subdivision or public agency for 2252
the planning and installation of any public facilities which are 2253
determined necessary in the conduct of its business;2254

       (11) Purchase fire, extended coverage, and liability 2255
insurance for the real estate and interests therein, personal 2256
property and any combination thereof, used by or in connection 2257
with the county transit system and insurance covering the board 2258
and the county transit system and its officers and employees for 2259
liability for damage or injury to persons or property;2260

       (12) Procure and pay all or any part of the cost of group 2261
hospitalization, surgical, major medical, or sickness and accident 2262
insurance, or a combination thereof, for the officers and 2263
employees of the county transit system and their immediate 2264
dependents, issued by an insurance company, duly authorized to do 2265
business in this state;2266

       (13) Sell, lease, release, or otherwise dispose of real 2267
estate or interests therein or personal property owned by it and 2268
grant such easements across its real estate and interests therein 2269
as will not interfere with its use by the county transit system;2270

       (14) Establish rules for the use and operation of the county 2271
transit system including the real estate or interests therein, 2272
personal property or a combination of the foregoing used by or in 2273
connection with such system;2274

       (15) Exercise the power of eminent domain to appropriate any 2275
real estate or interests therein, personal property, franchises, 2276
or any combination thereof, within or without the county, 2277
necessary or proper in the exercise of its powers provided in 2278
sections 306.01 to 306.13 of the Revised Code, as provided in 2279
sections 163.01 to 163.22 of the Revised Code, and subject to 2280
divisions (15)(a), (b), and (c) of this section, provided that a 2281
county transit board or a board of county commissioners operating 2282
a transit system shall not proceed to so appropriate real property 2283
outside its territorial boundaries, until it has served at the 2284
office of the county commissioners of the county in which it is 2285
proposed to appropriate real property, a notice describing the 2286
real property to be taken and the purpose for which it is proposed 2287
to be taken, and such county commissioners have entered on their 2288
journal within thirty days after such service a resolution 2289
approving such appropriation;2290

       (a) Nothing contained in this division authorizes a county 2291
transit board or a board of county commissioners to appropriate 2292
any land, rights, rights-of-way, franchises, or easements 2293
belonging to the state or to a municipal corporation without the 2294
consent of the state or of the municipal corporation, and no 2295
county transit board or board of county commissioners shall 2296
exercise the right of eminent domain to acquire any certificate of 2297
public convenience and necessity, or any part thereof, issued to a 2298
motor transportation company by the public utilities commission of 2299
Ohio or by the interstate commerce commission of the United 2300
States, or to take or disturb other real estate or interests 2301
therein, personal property, or any combination thereof belonging 2302
to any municipal corporation without the consent of the 2303
legislative authority of such municipal corporation, or take or 2304
disturb real estate or interests therein, personal property, or 2305
any combination thereof belonging to any other political 2306
subdivision, public corporation, public utility, or common 2307
carrier, which is necessary and convenient in the operation of 2308
such political subdivision, public corporation, public utility, or 2309
common carrier unless provision is made for the restoration, 2310
relocation, or duplication of that taken or upon the election of 2311
such political subdivision, public corporation, public utility, or 2312
common carrier for the payment of compensation, if any, at the 2313
sole cost of the county transit system.2314

       (b) If any restoration or duplication proposed to be made 2315
under this division involves a relocation, the new location shall 2316
have at least comparable utilitarian value and effectiveness, and 2317
such relocation shall not impair the ability of the public utility 2318
or common carrier to compete in its original area of operation.2319

       (c) If such restoration or duplication proposed to be made 2320
under this division involves a relocation, the county transit 2321
board or board of county commissioners shall acquire no interest 2322
or right in or to the appropriated property or facility until the 2323
relocated property or facility is available for use and until 2324
marketable title thereto has been transferred to the political 2325
subdivision, public corporation, public utility, or common 2326
carrier. Nothing in this division shall require any board of 2327
county commissioners or county transit board operating a county 2328
transit system to so restore, relocate, or duplicate, if all of 2329
the real estate and interests therein, personal property, and any 2330
combination of the foregoing which is owned by a public utility or 2331
common carrier and used by it or in connection with the movement 2332
of persons, is acquired by exercise of the power of eminent 2333
domain.2334

       (16) When real property is acquired that is located outside 2335
the county and is removed from the tax duplicate, the county 2336
transit board or board of county commissioners operating a transit 2337
system shall pay annually to the county treasurer of the county in 2338
which that property is located, commencing with the first tax year 2339
in which that property is removed from the tax duplicate, an 2340
amount of money in lieu of taxes equal to the smaller of the 2341
following:2342

       (a) The last annual installment of taxes due from the 2343
acquired property before removal from the tax duplicate;2344

       (b) An amount equal to the difference between the combined 2345
revenue from real estate taxes of all the taxing districts in 2346
which the property is located in the tax year immediately prior to 2347
the removal of the acquired property from the tax duplicate, and 2348
either:2349

       (i) The total revenue which would be produced by the tax rate 2350
of each such taxing district in the tax year immediately prior to 2351
the removal of the acquired property from the tax duplicate, 2352
applied to the real estate tax duplicate of each of such taxing 2353
districts in each tax year subsequent to the year of removal; or2354

       (ii) The combined revenue from real estate taxes of all such 2355
taxing districts in each tax year subsequent to the year of 2356
removal, whichever is the greater.2357

       The county transit board or board of county commissioners may 2358
be exempted from such payment by agreement of the affected taxing 2359
district or districts in the county in which the property is 2360
located.2361

       The county auditor of the county in which that property is 2362
located shall apportion each such annual payment to each taxing 2363
district as if the annual payment had been levied and collected as 2364
a tax.2365

       Those annual payments shall never again be made after they 2366
have ceased.2367

       (17) Sue or be sued, plead or be impleaded, and be held 2368
liable in any court of proper jurisdiction for damages received by 2369
reason of negligence, in the same manner and to the same extent as 2370
if the county transit system were privately operated, provided, 2371
that no funds of a county other than those of the county transit 2372
board or, if the transit system is operated by the board of county 2373
commissioners, other than those in the account for the county 2374
transit system created under division (C) of section 306.01 of the 2375
Revised Code, shall be available for the satisfaction of judgments 2376
rendered against that system;2377

       (18) Annually prepare and make available for public 2378
inspection a report in condensed form showing the financial 2379
results of the operation of the county transit system. For systems 2380
operated by a county transit board, copies of this report shall be 2381
furnished to the county commissioners as well as a monthly summary 2382
statement of revenues and expenses for the preceding month 2383
sufficient to show the exact financial condition of the county 2384
transit system as of the last day of the preceding month.2385

       (19) With the approval of the county commissioners when the 2386
action is taken by the transit board, and without competitive 2387
bidding, sell, lease, or grant the right of use of all or a 2388
portion of the county transit system to any other political 2389
subdivision, taxing district, or other public body or agency 2390
having the power to operate a transit system;2391

       (20) Enter into and supervise franchise agreements for the 2392
operation of a county transit system;2393

       (21) Accept the assignment of and then supervise an existing 2394
franchise agreement for the operation of a county transit system.2395

       Sec. 307.054.  (A) The board of trustees of a joint emergency 2396
medical services district shall employ an executive director, who 2397
shall be in the unclassified service, and fix histhe executive 2398
director's compensation. In addition to that compensation, the 2399
director shall be reimbursed for actual and necessary expenses 2400
incurred in the performance of histhe executive director's2401
official duties. The board may enter into an employment contract 2402
with the executive director for a period not to exceed three 2403
years. In the absence of contrary contractual provisions, the 2404
board may remove the director by a majority vote of the full 2405
membership, but only after holding a hearing on the matter if the 2406
director requests such a hearing.2407

       Except as otherwise provided in this division, the board 2408
shall prescribe the director's duties and may authorize the 2409
director to act on its behalf in the performance of its 2410
administrative duties. In addition to those duties prescribed by 2411
the board, the director shall do all the following:2412

       (1) Subject to the board's approval for each contract, 2413
execute contracts on the board's behalf;2414

       (2) Supervise all services provided or contracted for and all 2415
facilities operated or contracted for, and ensure that emergency 2416
medical services are being lawfully administered in conformity 2417
with the Revised Code and the resolution creating the district;2418

       (3) Recommend changes to the board that may increase the 2419
effectiveness of emergency medical services within the district;2420

       (4) Employ persons for all positions authorized by the board 2421
and approve all personnel actions that affect classified 2422
employees;2423

       (5) Approve compensation for employees within the limits set 2424
by the salary schedule and budget established by the board;2425

       (6) Prepare an annual report of the services provided by the 2426
district, including a fiscal accounting, for the board to approve.2427

       (B) Except as otherwise provided in this section, employees 2428
of the district shall be treated the same as county employees for 2429
the purposes of Chapter 124. of the Revised Code and any other 2430
provisions of state law applicable to county employees. Instead of 2431
or in addition to appointing employees of the district, the board 2432
of trustees may contract with one or more of the participating 2433
counties for county employees to serve the district and for the 2434
district to share in their compensation in any manner that may be 2435
agreed upon in the joint resolution creating the district.2436

       (C) For purposes of division (A)(5) of this section, the 2437
board, when establishing a salary schedule, shall require merit to 2438
be the only basis, and the executive director shall use merit as 2439
the only basis, for an employee's progression through the 2440
schedule.2441

       Sec. 339.06.  (A) The board of county hospital trustees, upon 2442
completion of construction or leasing and equipping of a county 2443
hospital, shall assume and continue the operation of the hospital. 2444

       (B) The board of county hospital trustees shall have the 2445
entire management and control of the county hospital. The board 2446
shall establish such rules for the hospital's government and the 2447
admission of persons as are expedient.2448

        (C) The board of county hospital trustees has control of the 2449
property of the county hospital, including management and disposal 2450
of surplus property other than real estate or an interest in real 2451
estate.2452

       (D) With respect to the use of funds by the board of county 2453
hospital trustees and its accounting for the use of funds, all of 2454
the following apply:2455

       (1) The board of county hospital trustees has control of all 2456
funds used in the county hospital's operation, including moneys 2457
received from the operation of the hospital, moneys appropriated 2458
for its operation by the board of county commissioners, and moneys 2459
resulting from special levies submitted by the board of county 2460
commissioners as provided for in section 5705.22 of the Revised 2461
Code. 2462

       (2) Of the funds used in the county hospital's operation, all 2463
or part of any amount determined not to be necessary to meet 2464
current demands on the hospital may be invested by the board of 2465
county hospital trustees or its designee in any classifications of 2466
securities and obligations eligible for deposit or investment of 2467
county moneys pursuant to section 135.35 of the Revised Code, 2468
subject to the approval of the board's written investment policy 2469
by the county investment advisory committee established pursuant 2470
to section 135.341 of the Revised Code.2471

       (3) Annually, not later than sixty days before the end of the 2472
fiscal year used by the county hospital, the board of county 2473
hospital trustees shall submit its proposed budget for the ensuing 2474
fiscal year to the board of county commissioners for that board's 2475
review. The board of county commissioners shall review and approve 2476
the proposed budget by the first day of the fiscal year to which 2477
the budget applies. If the board of county commissioners has not 2478
approved the budget by the first day of the fiscal year to which 2479
the budget applies, the budget is deemed to have been approved by 2480
the board on the first day of that fiscal year.2481

       (4) The board of county hospital trustees shall not expend 2482
funds received from taxes collected pursuant to any tax levied 2483
under section 5705.22 of the Revised Code or the amount 2484
appropriated to the county hospital by the board of county 2485
commissioners in the annual appropriation measure for the county 2486
until its budget for the applicable fiscal year is approved in 2487
accordance with division (C)(3) of this section. At any time the 2488
amount received from those sources differs from the amount shown 2489
in the approved budget, the board of county commissioners may 2490
require the board of county hospital trustees to revise the county 2491
hospital budget accordingly. 2492

       (5) Funds under the control of the board of county hospital 2493
trustees may be disbursed by the board, consistent with the 2494
approved budget, for the uses and purposes of the county hospital; 2495
for the replacement of necessary equipment; for the acquisition, 2496
leasing, or construction of permanent improvements to county 2497
hospital property; or for making a donation authorized by division 2498
(E) of this section. Each disbursement of funds shall be made on a 2499
voucher signed by signatories designated and approved by the board 2500
of county hospital trustees.2501

       (6) The head of a board of county hospital trustees is not 2502
required to file an estimate of contemplated revenue and 2503
expenditures for the ensuing fiscal year under section 5705.28 of 2504
the Revised Code unless the board of county commissioners levies a 2505
tax for the county hospital, or such a tax is proposed, or the 2506
board of county hospital trustees desires that the board of county 2507
commissioners make an appropriation to the county hospital for the 2508
ensuing fiscal year.2509

       (7) All moneys appropriated by the board of county 2510
commissioners or from special levies by the board of county 2511
commissioners for the operation of the hospital, when collected 2512
shall be paid to the board of county hospital trustees on a 2513
warrant of the county auditor and approved by the board of county 2514
commissioners. 2515

       (8) The board of county hospital trustees shall provide for 2516
the conduct of an annual financial audit of the county hospital. 2517
Not later than thirty days after it receives the final report of 2518
an annual financial audit, the board shall file a copy of the 2519
report with the board of county commissioners.2520

       (E) For the public purpose of improving the health, safety, 2521
and general welfare of the community, the board of county hospital 2522
trustees may donate to a nonprofit entity any of the following:2523

       (1) Moneys and other financial assets determined not to be 2524
necessary to meet current demands on the hospital;2525

       (2) Surplus hospital property, including supplies, equipment, 2526
office facilities, and other property that is not real estate or 2527
an interest in real estate;2528

       (3) Services rendered by the hospital.2529

       (F)(1) For purposes of division (F)(2) of this section:2530

       (a) "Bank" has the same meaning as in section 1101.01 of the 2531
Revised Code.2532

       (b) "Savings and loan association" has the same meaning as in 2533
section 1151.01 of the Revised Code.2534

       (c) "Savings bank" has the same meaning as in section 1161.01 2535
of the Revised Code.2536

       (2) The board of county hospital trustees may enter into a 2537
contract for a secured line of credit with a bank, savings and 2538
loan association, or savings bank if the contract meets all of the 2539
following requirements:2540

       (a) The term of the contract does not exceed one year, except 2541
that the contract may provide for the automatic renewal of the 2542
contract for up to four additional one-year periods if, on the 2543
date of automatic renewal, the aggregate outstanding draws 2544
remaining unpaid under the secured line of credit do not exceed 2545
fifty per cent of the maximum amount that can be drawn under the 2546
secured line of credit.2547

       (b) The contract provides that the bank, savings and loan 2548
association, or savings bank shall not commence a civil action 2549
against the board of county commissioners, any member of the 2550
board, or the county to recover the principal, interest, or any 2551
charges or other amounts that remain outstanding on the secured 2552
line of credit at the time of any default by the board of county 2553
hospital trustees.2554

       (c) The contract provides that no assets other than those of 2555
the county hospital can be used to secure the line of credit.2556

       (d) The terms and conditions of the contract comply with all 2557
state and federal statutes and rules governing the extension of a 2558
secured line of credit.2559

       (3) Any obligation incurred by a board of county hospital 2560
trustees under division (F)(2) of this section is an obligation of 2561
that board only and not a general obligation of the board of 2562
county commissioners or the county within the meaning of division 2563
(Q) of section 133.01 of the Revised Code.2564

       (4) Notwithstanding anything to the contrary in the Revised 2565
Code, the board of county hospital trustees may secure the line of 2566
credit authorized under division (F)(2) of this section by the 2567
grant of a security interest in any part or all of its tangible 2568
personal property and intangible personal property, including its 2569
deposit accounts, accounts receivable, or both.2570

       (5) No board of county hospital trustees shall at any time 2571
have more than one secured line of credit under division (F)(2) of 2572
this section.2573

       (G) The board of county hospital trustees shall establish a 2574
schedule of charges for all services and treatment rendered by the 2575
county hospital. It may provide for the free treatment in the 2576
hospital of soldiers, sailors, and marines of the county, under 2577
such conditions and rules as it prescribes.2578

       (H) The board of county hospital trustees may designate the 2579
amounts and forms of insurance protection to be provided, and the 2580
board of county commissioners shall assist in obtaining such 2581
protection. The expense of providing the protection shall be paid 2582
from hospital operating funds.2583

       (I) The board of county hospital trustees may authorize a 2584
county hospital and each of its units, hospital board members, 2585
designated hospital employees, and medical staff members to be a 2586
member of and maintain membership in any local, state, or national 2587
group or association organized and operated for the promotion of 2588
the public health and welfare or advancement of the efficiency of 2589
hospital administration and in connection therewith to use tax 2590
funds for the payment of dues and fees and related expenses but 2591
nothing in this section prohibits the board from using receipts 2592
from hospital operation, other than tax funds, for the payment of 2593
such dues and fees.2594

       (J) The following apply to the board of county hospital 2595
trustees in relation to its employees and the employees of the 2596
county hospital:2597

       (1) The board shall adopt the wage and salary schedule for 2598
employees.2599

       (2) The board may employ the hospital's administrator 2600
pursuant to section 339.07 of the Revised Code, and the 2601
administrator may employ individuals for the hospital in 2602
accordance with that section.2603

       (3) The board may employ assistants as necessary to perform 2604
its clerical work, superintend properly the construction of the 2605
county hospital, and pay the hospital's expenses. Such employees 2606
may be paid from funds provided for the county hospital.2607

       (4) The board may hire, by contract or as salaried employees, 2608
such management consultants, accountants, attorneys, engineers, 2609
architects, construction managers, and other professional advisors 2610
as it determines are necessary and desirable to assist in the 2611
management of the programs and operation of the county hospital. 2612
Such professional advisors may be paid from county hospital 2613
operating funds.2614

       (5) Notwithstanding section 325.19 of the Revised Code, the 2615
board may grant to employees any fringe benefits the board 2616
determines to be customary and usual in the nonprofit hospital 2617
field in its community, including, but not limited to:2618

       (a) Additional vacation leave with full pay for full-time 2619
employees, including full-time hourly rate employees, after 2620
service of one year;2621

       (b) Vacation leave and holiday pay for part-time employees on 2622
a pro rata basis;2623

       (c) Leave with full pay due to death in the employee's 2624
immediate family, which shall not be deducted from the employee's 2625
accumulated sick leave;2626

       (d) Premium pay for working on holidays listed in section 2627
325.19 of the Revised Code;2628

       (e) Moving expenses for new employees;2629

       (f) Discounts on hospital supplies and services.2630

       (6) The board may provide holiday leave by observing Martin 2631
Luther King day, Washington-Lincoln day, Columbus day, and 2632
Veterans' day on days other than those specified in section 1.14 2633
of the Revised Code.2634

       (7) The board may grant to employees the insurance benefits 2635
authorized by section 339.16 of the Revised Code.2636

       (8) Notwithstanding section 325.19 of the Revised Code, the 2637
board may grant to employees, including hourly rate employees, 2638
such personal holidays as the board determines to be customary and 2639
usual in the hospital field in its community.2640

       (9) The board may provide employee recognition awards and 2641
hold employee recognition dinners.2642

       (10) The board may grant to employees the recruitment and 2643
retention benefits specified under division (K)(L) of this 2644
section.2645

       (K) For purposes of division (J)(1) of this section, the 2646
board of county hospital trustees, when establishing a wage and 2647
salary schedule, shall require merit to be the only basis for an 2648
employee's progression through the schedule.2649

       (L) Notwithstanding sections 325.191 and 325.20 of the 2650
Revised Code, the board of county hospital trustees may provide, 2651
without the prior authorization of the board of county 2652
commissioners, scholarships for education in the health care 2653
professions, tuition reimbursement, and other staff development 2654
programs to enhance the skills of health care professionals for 2655
the purpose of recruiting or retaining qualified employees.2656

       The board of county hospital trustees may pay reasonable 2657
expenses for recruiting or retaining physicians and other 2658
appropriate health care practitioners.2659

       (L)(M) The board of county hospital trustees may retain 2660
counsel and institute legal action in its own name for the 2661
collection of delinquent accounts. The board may also employ any 2662
other lawful means for the collection of delinquent accounts.2663

       Sec. 339.07.  (A) The board of county hospital trustees shall 2664
provide for the administration of the county hospital by directly 2665
employing a hospital administrator or by entering into a contract 2666
for the management of the hospital under which an administrator is 2667
provided. When an administrator is employed directly, the board 2668
shall adopt a job description delineating the administrator's 2669
powers and duties and the board may pay the administrator's salary 2670
and other benefits from funds provided for the hospital. 2671

       (B) During the construction and equipping of the hospital, 2672
the administrator shall act in an advisory capacity to the board 2673
of county hospital trustees. After the hospital is completed, the 2674
administrator shall serve as the chief executive officer and shall 2675
carry out the administration of the county hospital according to 2676
the policies set forth by the board.2677

       The administrator shall administer the county hospital, make 2678
reports, and take any other action that the administrator 2679
determines is necessary for the operation of the hospital.2680

       At the end of each fiscal year, the administrator shall 2681
submit to the board a complete financial statement showing the 2682
receipts, revenues, and expenditures in detail for the entire 2683
fiscal year.2684

       The administrator shall ensure that the hospital has such 2685
physicians, nurses, and other employees as are necessary for the 2686
proper care, control, and management of the county hospital and 2687
its patients. The physicians, nurses, and other employees may be 2688
suspended or removed by the administrator at any time the welfare 2689
of the hospital warrants suspension or removal. The administrator 2690
may obtain physicians, nurses, and other employees by direct 2691
employment, entering into contracts, or granting authority to 2692
practice in the hospital. Persons employed directly shall be in 2693
the unclassified civil service, pursuant to section 124.11 of the 2694
Revised Code. If the board delegates to the administrator the 2695
authority to fix employee compensation in accordance with the wage 2696
and salary schedule established by the board under section 339.06 2697
of the Revised Code, the administrator shall use merit as the only 2698
basis for an employee's progression through that schedule.2699

       Sec. 340.04. (A) In addition to such other duties as may be 2700
lawfully imposed, the executive director of a board of alcohol, 2701
drug addiction, and mental health services shall:2702

       (A)(1) Serve as executive officer of the board and subject to 2703
the prior approval of the board for each contract, execute 2704
contracts on its behalf;2705

       (B)(2) Supervise services and facilities provided, operated, 2706
contracted, or supported by the board to the extent of determining 2707
that programs are being administered in conformity with this 2708
chapter and rules of the director of mental health and the 2709
department of alcohol and drug addiction services;2710

       (C)(3) Provide consultation to agencies, associations, or 2711
individuals providing services supported by the board;2712

       (D)(4) Recommend to the board the changes necessary to 2713
increase the effectiveness of mental health services and alcohol 2714
and drug addiction services and other matters necessary or 2715
desirable to carry out this chapter;2716

       (E)(5) Employ and remove from office such employees and 2717
consultants in the classified civil service and, subject to the 2718
approval of the board, employ and remove from office such other 2719
employees and consultants as may be necessary for the work of the 2720
board, and fix their compensation and reimbursement within the 2721
limits set by the salary schedule and the budget approved by the 2722
board;2723

       (F)(6) Encourage the development and expansion of preventive, 2724
treatment, rehabilitative, and consultative programs in the field 2725
of mental health with emphasis on continuity of care;2726

       (G)(7) Prepare for board approval an annual report of the 2727
programs under the jurisdiction of the board, including a fiscal 2728
accounting of all services;2729

       (H)(8) Conduct such studies as may be necessary and 2730
practicable for the promotion of mental health and the prevention 2731
of mental illness, emotional disorders, and addiction to alcohol 2732
and drugs;2733

       (I)(9) Authorize the county auditor, or in a joint-county 2734
district the county auditor designated as the auditor for the 2735
district, to issue warrants for the payment of board obligations 2736
approved by the board, provided that all payments are in 2737
accordance with the comprehensive community mental health plan, as 2738
approved by the department of mental health, or with the alcohol 2739
and drug addiction services plan as approved by the department of 2740
alcohol and drug addiction services.2741

       (B) For purposes of division (A)(5) of this section, a board 2742
of alcohol, drug addiction, and mental health services, when 2743
establishing a salary schedule, shall require merit to be the only 2744
basis, and the executive director shall use merit as the only 2745
basis, for an employee's progression through the schedule.2746

       Sec. 505.38.  (A) In each township or fire district that has 2747
a fire department, the head of the department shall be a fire 2748
chief, appointed by the board of township trustees, except that, 2749
in a joint fire district, the fire chief shall be appointed by the 2750
board of fire district trustees. Neither this section nor any 2751
other section of the Revised Code requires, or shall be construed 2752
to require, that the fire chief be a resident of the township or 2753
fire district.2754

       The board shall provide for the employment of firefighters as 2755
it considers best and shall fix their compensation. No person 2756
shall be appointed as a permanent full-time paid member, whose 2757
duties include fire fighting, of the fire department of any 2758
township or fire district unless that person has received a 2759
certificate issued under former section 3303.07 or section 4765.55 2760
of the Revised Code evidencing satisfactory completion of a 2761
firefighter training program. Those appointees shall continue in 2762
office until removed from office as provided by sections 733.35 to 2763
733.39 of the Revised Code. To initiate removal proceedings, and 2764
for that purpose, the board shall designate the fire chief or a 2765
private citizen to investigate the conduct and prepare the 2766
necessary charges in conformity with those sections.2767

       In case of the removal of a fire chief or any member of the 2768
fire department of a township or fire district, an appeal may be 2769
had from the decision of the board to the court of common pleas of 2770
the county in which the township or fire district fire department 2771
is situated to determine the sufficiency of the cause of removal. 2772
The appeal from the findings of the board shall be taken within 2773
ten days.2774

       No person who is appointed as a volunteer firefighter of the 2775
fire department of any township or fire district shall remain in 2776
that position unless either of the following applies:2777

       (1) Within one year of the appointment, the person has 2778
received a certificate issued under former section 3303.07 of the 2779
Revised Code or section 4765.55 of the Revised Code evidencing 2780
satisfactory completion of a firefighter training program.2781

       (2) The person began serving as a permanent full-time paid 2782
firefighter with the fire department of a city or village prior to 2783
July 2, 1970, or as a volunteer firefighter with the fire 2784
department of a city, village, or other township or fire district 2785
prior to July 2, 1979, and receives a certificate issued under 2786
division (C)(3) of section 4765.55 of the Revised Code.2787

       No person shall receive an appointment under this section, in 2788
the case of a volunteer firefighter, unless the person has, not 2789
more than sixty days prior to receiving the appointment, passed a 2790
physical examination, given by a licensed physician, a physician 2791
assistant, a clinical nurse specialist, a certified nurse 2792
practitioner, or a certified nurse-midwife, showing that the 2793
person meets the physical requirements necessary to perform the 2794
duties of the position to which the person is appointed as 2795
established by the board of township trustees having jurisdiction 2796
over the appointment. The appointing authority, prior to making an 2797
appointment, shall file with the Ohio police and fire pension fund 2798
or the local volunteer fire fighters' dependents fund board a copy 2799
of the report or findings of that licensed physician, physician 2800
assistant, clinical nurse specialist, certified nurse 2801
practitioner, or certified nurse-midwife. The professional fee for 2802
the physical examination shall be paid for by the board of 2803
township trustees.2804

       (B) In each township not having a fire department, the board 2805
of township trustees shall appoint a fire prevention officer who 2806
shall exercise all of the duties of a fire chief except those 2807
involving the maintenance and operation of fire apparatus. The 2808
board may appoint one or more deputy fire prevention officers who 2809
shall exercise the duties assigned by the fire prevention officer.2810

       The board may fix the compensation for the fire prevention 2811
officer and the fire prevention officer's deputies as it considers 2812
best. The board shall appoint each fire prevention officer and 2813
deputy for a one-year term. An appointee may be reappointed at the 2814
end of a term to another one-year term. Any appointee may be 2815
removed from office during a term as provided by sections 733.35 2816
to 733.39 of the Revised Code. Section 505.45 of the Revised Code 2817
extends to those officers.2818

       (C)(1) Division (A) of this section does not apply to any 2819
township that has a population of ten thousand or more persons 2820
residing within the township and outside of any municipal 2821
corporation, that has its own fire department employing ten or 2822
more full-time paid employees, and that has a civil service 2823
commission established under division (B) of section 124.40 of the 2824
Revised Code. The township shall comply with the procedures for 2825
the employment, promotion, and discharge of firefighters provided 2826
by Chapter 124. of the Revised Code, except as otherwise provided 2827
in divisions (C)(2) and (3) of this section.2828

       (2) The board of township trustees of the township may 2829
appoint the fire chief, and any person so appointed shall be in 2830
the unclassified service under section 124.11 of the Revised Code 2831
and shall serve at the pleasure of the board. Neither this section 2832
nor any other section of the Revised Code requires, or shall be 2833
construed to require, that the fire chief be a resident of the 2834
township. A person who is appointed fire chief under these 2835
conditions and who is removed by the board or resigns from the 2836
position is entitled to return to the classified service in the 2837
township fire department in the position held just prior to the 2838
appointment as fire chief.2839

       (3) The appointing authority of an urban township, as defined 2840
in section 504.01 of the Revised Code, may appoint to a vacant 2841
position any one of the three highest scorers on the eligible list 2842
for a promotional examination.2843

       (4) The board of township trustees shall determine the number 2844
of personnel required and establish salary schedules and 2845
conditions of employment not in conflict with Chapter 124. of the 2846
Revised Code. The board, when establishing a salary schedule, 2847
shall require merit to be the only basis for an employee's 2848
progression through the schedule.2849

       (5) No person shall receive an original appointment as a 2850
permanent full-time paid member of the fire department of the 2851
township described in this division unless the person has received 2852
a certificate issued under former section 3303.07 or section 2853
4765.55 of the Revised Code evidencing the satisfactory completion 2854
of a firefighter training program.2855

       (6) Persons employed as firefighters in the township 2856
described in this division on the date a civil service commission 2857
is appointed pursuant to division (B) of section 124.40 of the 2858
Revised Code, without being required to pass a competitive 2859
examination or a firefighter training program, shall retain their 2860
employment and any rank previously granted them by action of the 2861
board of township trustees or otherwise, but those persons are 2862
eligible for promotion only by compliance with Chapter 124. of the 2863
Revised Code.2864

       Sec. 505.49.  (A) As used in this section, "felony" has the 2865
same meaning as in section 109.511 of the Revised Code.2866

       (B)(1) The township trustees by a two-thirds vote of the 2867
board may adopt rules necessary for the operation of the township 2868
police district, including a determination of the qualifications 2869
of the chief of police, patrol officers, and others to serve as 2870
members of the district police force.2871

       (2) Except as otherwise provided in division (E) of this 2872
section and subject to division (D) of this section, the township 2873
trustees by a two-thirds vote of the board shall appoint a chief 2874
of police for the district, determine the number of patrol 2875
officers and other personnel required by the district, and 2876
establish salary schedules and other conditions of employment for 2877
the employees of the township police district. The township 2878
trustees, when establishing a salary schedule under this division, 2879
shall require merit to be the only basis for an employee's 2880
progression through the schedule. The chief of police of the 2881
district shall serve at the pleasure of the township trustees and 2882
shall appoint patrol officers and other personnel that the 2883
district may require, subject to division (D) of this section and 2884
to the rules and limits as to qualifications, salary ranges, and 2885
numbers of personnel established by the board of township 2886
trustees. The chief of police shall use merit as the only basis 2887
for a patrol officer's or other personnel's progression through 2888
the salary schedule established by the township trustees. The 2889
township trustees may include in the township police district and 2890
under the direction and control of the chief of police any 2891
constable appointed pursuant to section 509.01 of the Revised 2892
Code, or may designate the chief of police or any patrol officer 2893
appointed by the chief of police as a constable, as provided for 2894
in section 509.01 of the Revised Code, for the township police 2895
district.2896

       (3) Except as provided in division (D) of this section, a 2897
patrol officer, other police district employee, or police 2898
constable, who has been awarded a certificate attesting to the 2899
satisfactory completion of an approved state, county, or municipal 2900
police basic training program, as required by section 109.77 of 2901
the Revised Code, may be removed or suspended only under the 2902
conditions and by the procedures in sections 505.491 to 505.495 of 2903
the Revised Code. Any other patrol officer, police district 2904
employee, or police constable shall serve at the pleasure of the 2905
township trustees. In case of removal or suspension of an 2906
appointee by the board of township trustees, that appointee may 2907
appeal the decision of the board to the court of common pleas of 2908
the county in which the district is situated to determine the 2909
sufficiency of the cause of removal or suspension. The appointee 2910
shall take the appeal within ten days of written notice to the 2911
appointee of the decision of the board.2912

       (C)(1) Division (B) of this section does not apply to a 2913
township that has a population of ten thousand or more persons 2914
residing within the township and outside of any municipal 2915
corporation, that has its own police department employing ten or 2916
more full-time paid employees, and that has a civil service 2917
commission established under division (B) of section 124.40 of the 2918
Revised Code. The township shall comply with the procedures for 2919
the employment, promotion, and discharge of police personnel 2920
provided by Chapter 124. of the Revised Code, except as otherwise 2921
provided in divisions (C)(2) and (3) of this section.2922

       (2) The board of township trustees of the township may 2923
appoint the chief of police, and a person so appointed shall be in 2924
the unclassified service under section 124.11 of the Revised Code 2925
and shall serve at the pleasure of the board. A person appointed 2926
chief of police under these conditions who is removed by the board 2927
or who resigns from the position shall be entitled to return to 2928
the classified service in the township police department, in the 2929
position that person held previous to the person's appointment as 2930
chief of police.2931

       (3) The appointing authority of an urban township, as defined 2932
in section 504.01 of the Revised Code, may appoint to a vacant 2933
position any one of the three highest scorers on the eligible list 2934
for a promotional examination.2935

       (4) The board of township trustees shall determine the number 2936
of personnel required and establish salary schedules and 2937
conditions of employment not in conflict with Chapter 124. of the 2938
Revised Code. The board, when establishing a salary schedule under 2939
this division, shall require and use merit as the only basis for 2940
an employee's progression through the schedule.2941

       (5) Persons employed as police personnel in a township 2942
described in this division on the date a civil service commission 2943
is appointed pursuant to division (B) of section 124.40 of the 2944
Revised Code, without being required to pass a competitive 2945
examination or a police training program, shall retain their 2946
employment and any rank previously granted them by action of the 2947
township trustees or otherwise, but those persons are eligible for 2948
promotion only by compliance with Chapter 124. of the Revised 2949
Code.2950

       (6) This division does not apply to constables appointed 2951
pursuant to section 509.01 of the Revised Code. This division is 2952
subject to division (D) of this section.2953

       (D)(1) The board of township trustees shall not appoint or 2954
employ a person as a chief of police, and the chief of police 2955
shall not appoint or employ a person as a patrol officer or other 2956
peace officer of a township police district or a township police 2957
department, on a permanent basis, on a temporary basis, for a 2958
probationary term, or on other than a permanent basis if the 2959
person previously has been convicted of or has pleaded guilty to a 2960
felony.2961

       (2)(a) The board of township trustees shall terminate the 2962
appointment or employment of a chief of police, patrol officer, or 2963
other peace officer of a township police district or township 2964
police department who does either of the following:2965

       (i) Pleads guilty to a felony;2966

       (ii) Pleads guilty to a misdemeanor pursuant to a negotiated 2967
plea agreement as provided in division (D) of section 2929.43 of 2968
the Revised Code in which the chief of police, patrol officer, or 2969
other peace officer of a township police district or township 2970
police department agrees to surrender the certificate awarded to 2971
that chief of police, patrol officer, or other peace officer under 2972
section 109.77 of the Revised Code.2973

       (b) The board shall suspend the appointment or employment of 2974
a chief of police, patrol officer, or other peace officer of a 2975
township police district or township police department who is 2976
convicted, after trial, of a felony. If the chief of police, 2977
patrol officer, or other peace officer of a township police 2978
district or township police department files an appeal from that 2979
conviction and the conviction is upheld by the highest court to 2980
which the appeal is taken or if no timely appeal is filed, the 2981
board shall terminate the appointment or employment of that chief 2982
of police, patrol officer, or other peace officer. If the chief of 2983
police, patrol officer, or other peace officer of a township 2984
police district or township police department files an appeal that 2985
results in that chief of police's, patrol officer's, or other 2986
peace officer's acquittal of the felony or conviction of a 2987
misdemeanor, or in the dismissal of the felony charge against the 2988
chief of police, patrol officer, or other peace officer, the board 2989
shall reinstate that chief of police, patrol officer, or other 2990
peace officer. A chief of police, patrol officer, or other peace 2991
officer of a township police district or township police 2992
department who is reinstated under division (D)(2)(b) of this 2993
section shall not receive any back pay unless the conviction of 2994
that chief of police, patrol officer, or other peace officer of 2995
the felony was reversed on appeal, or the felony charge was 2996
dismissed, because the court found insufficient evidence to 2997
convict the chief of police, patrol officer, or other peace 2998
officer of the felony.2999

       (3) Division (D) of this section does not apply regarding an 3000
offense that was committed prior to January 1, 1997.3001

       (4) The suspension or termination of the appointment or 3002
employment of a chief of police, patrol officer, or other peace 3003
officer under division (D)(2) of this section shall be in 3004
accordance with Chapter 119. of the Revised Code.3005

       (E) The board of township trustees may enter into a contract 3006
under section 505.43 or 505.50 of the Revised Code to obtain all 3007
police protection for the township police district from one or 3008
more municipal corporations, county sheriffs, or other townships. 3009
If the board enters into such a contract, subject to division (D) 3010
of this section, it may, but is not required to, appoint a police 3011
chief for the district.3012

       (F) The members of the police force of a township police 3013
district of a township that adopts the limited self-government 3014
form of township government shall serve as peace officers for the 3015
township territory included in the district.3016

       (G) A chief of police or patrol officer of a township police 3017
district, or of a township police department, may participate, as 3018
the director of an organized crime task force established under 3019
section 177.02 of the Revised Code or as a member of the 3020
investigatory staff of that task force, in an investigation of 3021
organized criminal activity in any county or counties in this 3022
state under sections 177.01 to 177.03 of the Revised Code.3023

       Sec. 505.60.  (A) AsExcept as provided in section 124.81 of 3024
the Revised Code, and as provided in this section and section 3025
505.601 of the Revised Code, the board of township trustees of any 3026
township may procure and pay all or any part of the cost of 3027
insurance policies that may provide benefits for hospitalization, 3028
surgical care, major medical care, disability, dental care, eye 3029
care, medical care, hearing aids, prescription drugs, or sickness 3030
and accident insurance, or a combination of any of the foregoing 3031
types of insurance for township officers and employees. The board 3032
of township trustees of any township may negotiate and contract 3033
for the purchase of a policy of long-term care insurance for 3034
township officers and employees pursuant to section 124.841 of the 3035
Revised Code.3036

        If the board procures any insurance policies under this 3037
section, the board shall provide uniform coverage under these 3038
policies for township officers and full-time township employees 3039
and their immediate dependents, and may provide coverage under 3040
these policies for part-time township employees and their 3041
immediate dependents, from the funds or budgets from which the 3042
officers or employees are compensated for services, such policies 3043
to be issued by an insurance company duly authorized to do 3044
business in this state. 3045

       (B) The board may also provide coverage for any or all of the 3046
benefits described in division (A) of this section by entering 3047
into a contract for group health care services with health 3048
insuring corporations holding certificates of authority under 3049
Chapter 1751. of the Revised Code for township officers and 3050
employees and their immediate dependents. If the board so 3051
contracts, it shall provide uniform coverage under any such 3052
contracts for township officers and full-time township employees 3053
and their immediate dependents, from the funds or budgets from 3054
which the officers or employees are compensated for services, and 3055
may provide coverage under such contracts for part-time township 3056
employees and their immediate dependents, from the funds or 3057
budgets from which the officers or employees are compensated for 3058
services, provided that each officer and employee so covered is 3059
permitted to:3060

       (1) Choose between a plan offered by an insurance company and 3061
a plan offered by a health insuring corporation, and provided 3062
further that the officer or employee pays any amount by which the 3063
cost of the plan chosen exceeds the cost of the plan offered by 3064
the board under this section;3065

       (2) Change the choice made under this division at a time each 3066
year as determined in advance by the board.3067

       An addition of a class or change of definition of coverage to 3068
the plan offered under this division by the board may be made at 3069
any time that it is determined by the board to be in the best 3070
interest of the township. If the total cost to the township of the 3071
revised plan for any trustee's coverage does not exceed that cost 3072
under the plan in effect during the prior policy year, the 3073
revision of the plan does not cause an increase in that trustee's 3074
compensation.3075

       (C) Any township officer or employee may refuse to accept any 3076
coverage authorized by this section without affecting the 3077
availability of such coverage to other township officers and 3078
employees.3079

       (D) If any township officer or employee is denied coverage 3080
under a health care plan procured under this section or if any 3081
township officer or employee elects not to participate in the 3082
township's health care plan, the township may reimburse the 3083
officer or employee for each out-of-pocket premium attributable to 3084
the coverage provided for the officer or employee for insurance 3085
benefits described in division (A) of this section that the 3086
officer or employee otherwise obtains, but not to exceed an amount 3087
equal to the average premium paid by the township for its officers 3088
and employees under any health care plan it procures under this 3089
section.3090

       (E) The board may provide the benefits authorized under this 3091
section, without competitive bidding, by contributing to a health 3092
and welfare trust fund administered through or in conjunction with 3093
a collective bargaining representative of the township employees 3094
in the same manner as described in division (G) of section 124.81 3095
of the Revised Code.3096

       The board may also provide the benefits described in this 3097
section through an individual self-insurance program or a joint 3098
self-insurance program as provided in section 9.833 of the Revised 3099
Code.3100

       (F) If a board of township trustees fails to pay one or more 3101
premiums for a policy, contract, or plan of insurance or health 3102
care services authorized under this section and the failure causes 3103
a lapse, cancellation, or other termination of coverage under the 3104
policy, contract, or plan, it may reimburse a township officer or 3105
employee for, or pay on behalf of the officer or employee, any 3106
expenses incurred that would have been covered under the policy, 3107
contract, or plan.3108

       (G) As used in this section and section 505.601 of the 3109
Revised Code:3110

       (1) "Part-time township employee" means a township employee 3111
who is hired with the expectation that the employee will work not 3112
more than one thousand five hundred hours in any year.3113

       (2) "Premium" does not include any deductible or health care 3114
costs paid directly by a township officer or employee.3115

       Sec. 709.012.  When a municipal corporation annexes township 3116
territory which results in a reduction of the firefighting force 3117
of the township or joint township fire district, the reduction 3118
shall be made by dismissal of firefighters in the inverse order of3119
seniority, with the employee with least time of service being 3120
dismissed firstshall not be the only factor used in determining 3121
dismissals. The annexing municipal corporation shall offer 3122
employment in the inverse order of dismissal by the township to3123
suchdismissed firefighters if a vacancy exists in the municipal 3124
fire department and if they:3125

       (A) Were full-time paid active members of the township or 3126
joint township firefighting force for at least six months prior to 3127
dismissal and have made application to the municipal corporation 3128
within sixty days after the effective date of dismissal;3129

       (B) Have passed a physical examination as prescribed by the 3130
physician of the annexing municipal corporation and meet the 3131
requirements necessary to perform firefighting duties;3132

       (C) Meet minimum standards of the municipal corporation with 3133
respect to moral character, literacy, and ability to understand 3134
oral and written instructions as determined by an interview 3135
conducted by the fire department of the municipal corporation. The 3136
applicant shall be at least twenty-one years of age on the date of 3137
application.3138

       (D) Are able to qualify for membership in the Ohio police and 3139
fire pension fund.3140

       A physical examination required by division (B) of this 3141
section may be conducted by any individual authorized by the 3142
Revised Code to conduct physical examinations, including a 3143
physician assistant, a clinical nurse specialist, a certified 3144
nurse practitioner, or a certified nurse-midwife. Any written 3145
documentation of the physical examination shall be completed by 3146
the individual who administered the examination.3147

       If no vacancy exists in the municipal fire department at the 3148
time of the application referred to in division (A) of this 3149
section, the application shall be held until a vacancy occurs. 3150
When such a vacancy occurs, the applicant shall be entitled to 3151
employment in accordance with the requirements of divisions (A), 3152
(B), (C), and (D) of this section. So long as any application for 3153
employment has been made and is being held under this section, the 3154
municipal corporation shall not fill any vacancy in its fire 3155
department by original appointment. If there are individuals who 3156
are entitled to reinstatement in the municipal fire department and 3157
the vacancies therein are insufficient to permit both such 3158
reinstatements and employment of all those applying for employment 3159
under division (A) of this section, the persons having the 3160
greatest length of service, whether with the municipal or township 3161
fire department, shall be entitled to fill the vacancies as they 3162
occur.3163

       A person employed under this section, upon acceptance into 3164
the municipal fire department, shall be given the rank of 3165
"firefighter" and entitled to full seniority credit for prior 3166
service in the township or joint township fire district. The 3167
person shall be entitled to the same salary, future benefits, 3168
vacations, earned time, sick leave, and other rights and 3169
privileges as the municipal fire department extends to other 3170
employees with the same amount of prior service. The person may 3171
take promotional examinations only after completion of one year of 3172
service with the municipal fire department and after meeting any 3173
applicable civil service requirements for such examination.3174

       Compliance with this section is in lieu of compliance with 3175
section 124.42 of the Revised Code or any other requirements for 3176
original appointment to a municipal fire district.3177

       Sec. 742.31.  Each employee shall contribute an amount equal 3178
to ten per cent of the employee's salary to the Ohio police and 3179
fire pension fund. TheThe contributions required under this 3180
section shall not be paid by an employer on an employee's behalf, 3181
but may be treated as employer contributions for purposes of state 3182
and federal income tax deferred income provisions.3183

       The amount shall be deducted by the employer from the 3184
employee's salary as defined in division (L) of section 742.01 of 3185
the Revised Code for each payroll period, irrespective of whether 3186
the minimum compensation provided by law for the employee is 3187
reduced thereby. Every employee shall be deemed to consent to the 3188
deductions, and payment to the employee less the deductions is a 3189
complete discharge and acquittance of all claims and demands for 3190
the services rendered by the employee during the period covered by 3191
such payment.3192

       Sec. 749.082.  (A) The following apply to the board of 3193
hospital commissioners in relation to its employees and the 3194
employees of a hospital erected under sections 749.02 to 749.14 of 3195
the Revised Code, subject to the ordinances of the legislative 3196
authority of the municipal corporation:3197

       (1) The board may adopt the wage and salary schedule for 3198
employees. If the board establishes a salary schedule, the board 3199
shall require merit to be the only basis for an employee's 3200
progression through the schedule.3201

       (2) The board may employ the hospital's administrator 3202
pursuant to section 749.083 of the Revised Code, and the 3203
administrator may employ individuals for the hospital in 3204
accordance with that section.3205

       (3) The board may employ assistants as necessary to perform 3206
its clerical work, superintend properly the construction of the 3207
hospital, and pay the hospital's expenses. The employees may be 3208
paid from funds provided for the hospital.3209

       (4) The board may enter into a contract with an employer or 3210
other entity whereby the services of any employee of the board or 3211
hospital are rendered to or on behalf of the employer or other 3212
entity for a fee paid to the board or hospital.3213

       (5) The board may grant to employees any fringe benefits the 3214
board determines to be customary and usual in the nonprofit 3215
hospital field in the community, including the following:3216

       (a) Additional vacation leave with full pay for full-time 3217
employees, including hourly rate employees, after service of one 3218
year;3219

       (b) Vacation leave and holiday pay for part-time employees on 3220
a pro rata basis;3221

       (c) Leave with full pay, which shall not be deducted from the 3222
employee's accumulated sick leave, due to death in the employee's 3223
immediate family;3224

       (d) Moving expenses for new employees;3225

       (e) Premium pay for working on holidays observed by other 3226
municipal agencies;3227

       (f) Discounts on purchases from the hospital pharmacy.3228

        (6) The board may provide holiday leave by observing Martin 3229
Luther King day, Washington-Lincoln day, Columbus day, and 3230
Veterans' day on days other than those specified in section 1.14 3231
of the Revised Code.3232

       (7) The board may grant to employees the insurance benefits 3233
authorized by division (B) of this section.3234

        (8) The board may provide employee recognition awards and may 3235
hold employee recognition dinners. 3236

       (9) The board may provide scholarships for education in the 3237
health care professions, tuition reimbursement, and other staff 3238
development programs for the purpose of recruiting or retaining 3239
qualified employees. 3240

       (10) The board may pay reasonable expenses for recruiting 3241
physicians into the city or for retaining them if all or part of 3242
the city has been designated as an area with a shortage of 3243
personal health services under the "Health Maintenance 3244
Organization Act of 1973," 87 Stat. 914, 42 U.S.C. 300e, as 3245
amended.3246

       (B)(1) The board of hospital commissioners may contract for, 3247
purchase, or otherwise procure on behalf of any or all of its 3248
employees, the employees of the hospital, or such employees and 3249
their immediate dependents the following types of fringe benefits:3250

       (a) Group or individual insurance contracts which may include 3251
life, sickness, accident, disability, annuities, endowment, 3252
health, medical expense, hospital, dental, surgical and related 3253
coverage or any combination thereof;3254

       (b) Group or individual contracts with health insuring 3255
corporations or other providers of professional services, care, or 3256
benefits duly authorized to do business in this state.3257

       (2) The board of hospital commissioners may contract for, 3258
purchase, or otherwise procure insurance contracts which provide 3259
protection for the commissioners, the board's employees, and the 3260
employees of the hospital against liability, including 3261
professional liability, provided that this section or any 3262
insurance contract issued pursuant to this section shall not be 3263
construed as a waiver of or in any manner affect the immunity of 3264
the hospital or municipal corporation.3265

       (3) All or any portion of the cost, premium, fees, or charges 3266
for the insurance benefits specified in divisions (B)(1) and (2) 3267
of this section may be paid in such manner or combination of 3268
manners as the board may determine, including direct payment by an 3269
employee, and, if authorized in writing by an employee, by the 3270
board with moneys made available by deduction from or reduction in 3271
salary or wages or by the foregoing of a salary or wage increase.3272

       Notwithstanding sections 3917.01 and 3917.06 of the Revised 3273
Code, the board may purchase group life insurance authorized by 3274
this section by reason of payment of premiums therefor by the 3275
board from its funds, and such group life insurance may be issued 3276
and purchased if otherwise consistent with sections 3917.01 to 3277
3917.06 of the Revised Code.3278

       (C) The board with the approval of the legislative authority 3279
may retain counsel to bring actions for the collection of 3280
delinquent accounts.3281

       Sec. 749.083.  (A) The board of hospital commissioners shall 3282
provide for the administration of the hospital by directly 3283
employing a hospital administrator or by entering into a contract 3284
for the management of the hospital under which an administrator is 3285
provided. When an administrator is employed directly, the board 3286
shall adopt a job description delineating the administrator's 3287
powers and duties and the board may pay the administrator's salary 3288
and other benefits from funds provided for the hospital. 3289

       (B) During the construction and equipping of the hospital, 3290
the administrator shall act in an advisory capacity to the board. 3291
After the hospital is completed, the administrator shall serve as 3292
the chief executive officer and shall carry out the administration 3293
of the hospital according to the policies set forth by the board.3294

       The administrator shall administer the hospital, make 3295
reports, and take any other action that the administrator 3296
determines is necessary for the operation of the hospital.3297

       At the end of each fiscal year, the administrator shall 3298
submit to the board a complete financial statement showing the 3299
receipts, revenues, and expenditures in detail for the entire 3300
fiscal year.3301

       The administrator shall ensure that the hospital has such 3302
physicians, nurses, and other employees as are necessary for the 3303
proper care, control, and management of the hospital and its 3304
patients. The physicians, nurses, and other employees may be 3305
suspended or removed by the administrator at any time the welfare 3306
of the hospital warrants suspension or removal. The administrator 3307
may obtain physicians, nurses, and other employees by direct 3308
employment, entering into contracts, or granting authority to 3309
practice in the hospital. If the board delegates to the 3310
administrator the authority to fix employee compensation in 3311
accordance with the wage and salary schedule established by the 3312
board under section 749.082 of the Revised Code, the administrator 3313
shall use merit as the only basis for an employee's progression 3314
through that schedule.3315

       Sec. 927.69.  To effect the purpose of sections 927.51 to 3316
927.73 of the Revised Code, the director of agriculture or the 3317
director's authorized representative may:3318

       (A) Make reasonable inspection of any premises in this state 3319
and any property therein or thereon;3320

       (B) Stop and inspect in a reasonable manner, any means of 3321
conveyance moving within this state upon probable cause to believe 3322
it contains or carries any pest, host, commodity, or other article 3323
that is subject to sections 927.51 to 927.72 of the Revised Code;3324

       (C) Conduct inspections of agricultural products that are 3325
required by other states, the United States department of 3326
agriculture, other federal agencies, or foreign countries to 3327
determine whether the products are infested. If, upon making such 3328
an inspection, the director or the director's authorized 3329
representative determines that an agricultural product is not 3330
infested, the director or the director's authorized representative 3331
may issue a certificate, as required by other states, the United 3332
States department of agriculture, other federal agencies, or 3333
foreign countries, indicating that the product is not infested.3334

        If the director charges fees for any of the certificates, 3335
agreements, or inspections specified in this section, the fees 3336
shall be as follows:3337

       (1) Phyto sanitary certificates, twenty-five dollars for 3338
those collectors or dealers that are licensed under section 927.53 3339
of the Revised Code;3340

       (2) Phyto sanitary certificates, one hundred dollars for all 3341
others;3342

       (3) Compliance agreements, forty dollars;3343

       (4) Agricultural products and their conveyances inspections, 3344
an hourly amount set by the director equal to the highest hourly 3345
rate of pay in the highest step in the pay range, including fringe 3346
benefits, of a plant pest control specialist multiplied by the 3347
number of hours worked by such a specialist in conducting an 3348
inspection. 3349

       The director may adopt rules under section 927.52 of the 3350
Revised Code that define the certificates, agreements, and 3351
inspections.3352

       The fees shall be credited to the plant pest program fund 3353
created in section 927.54 of the Revised Code. 3354

       Sec. 1545.071. TheExcept as provided in section 124.81 of 3355
the Revised Code, the board of park commissioners of any park 3356
district may procure and pay all or any part of the cost of group 3357
insurance policies that may provide benefits for hospitalization, 3358
surgical care, major medical care, disability, dental care, eye 3359
care, medical care, hearing aids, or prescription drugs, or 3360
sickness and accident insurance or a combination of any of the 3361
foregoing types of insurance or coverage for park district 3362
officers and employees and their immediate dependents issued by an 3363
insurance company duly authorized to do business in this state.3364

       The board may procure and pay all or any part of the cost of 3365
group life insurance to insure the lives of park district 3366
employees.3367

       The board also may contract for group health care services 3368
with health insuring corporations holding a certificate of 3369
authority under Chapter 1751. of the Revised Code provided that 3370
each officer or employee is permitted to:3371

       (A) Choose between a plan offered by an insurance company and 3372
a plan offered by a health insuring corporation and provided 3373
further that the officer or employee pays any amount by which the 3374
cost of the plan chosen by the officer or employee exceeds the 3375
cost of the plan offered by the board under this section;3376

       (B) Change the choice made under division (A) of this section 3377
at a time each year as determined in advance by the board.3378

       Any appointed member of the board of park commissioners and 3379
the spouse and dependent children of the member may be covered, at 3380
the option and expense of the member, as a noncompensated employee 3381
of the park district under any benefit plan described in division 3382
(A) of this section. The member shall pay to the park district the 3383
amount certified to it by the benefit provider as the provider's 3384
charge for the coverage the member has chosen under division (A) 3385
of this section. Payments for coverage shall be made, in advance, 3386
in a manner prescribed by the board. The member's exercise of an 3387
option to be covered under this section shall be in writing, 3388
announced at a regular public meeting of the board, and recorded 3389
as a public record in the minutes of the board.3390

       The board may provide the benefits authorized in this section 3391
by contributing to a health and welfare trust fund administered 3392
through or in conjunction with a collective bargaining 3393
representative of the park district employees in the same manner 3394
as described in division (G) of section 124.81 of the Revised 3395
Code.3396

       The board may provide the benefits described in this section 3397
through an individual self-insurance program or a joint 3398
self-insurance program as provided in section 9.833 of the Revised 3399
Code.3400

       Sec. 3306.01.  This chapter shall be administered by the 3401
state board of education. The superintendent of public instruction 3402
shall calculate the amounts payable to each school district and 3403
shall certify the amounts payable to each eligible district to the 3404
treasurer of the district as determined under this chapter. As 3405
soon as possible after such amounts are calculated, the 3406
superintendent shall certify to the treasurer of each school 3407
district the district's adjusted charge-off increase, as defined 3408
in section 5705.211 of the Revised Code. No moneys shall be 3409
distributed pursuant to this chapter without the approval of the 3410
controlling board.3411

       The state board of education shall, in accordance with 3412
appropriations made by the general assembly, meet the financial 3413
obligations of this chapter.3414

       Annually, the department of education shall calculate and 3415
report to each school district the district's adequacy amount 3416
utilizing the calculations in sections 3306.03 and 3306.13 of the 3417
Revised Code. The department shall calculate and report separately 3418
for each school district the district's total state and local 3419
funds for its students with disabilities, utilizing the 3420
calculations in sections 3306.05, 3306.11, and 3306.13 of the 3421
Revised Code. The department shall calculate and report separately 3422
for each school district the amount of funding calculated for each 3423
factor of the district's adequacy amount.3424

       Not later than the thirty-first day of August of each fiscal 3425
year, the department of education shall provide to each school 3426
district a preliminary estimate of the amount of funding that the 3427
department calculates the district will receive under section 3428
3306.13 of the Revised Code. Not later than the first day of 3429
December of each fiscal year, the department shall update that 3430
preliminary estimate.3431

       Moneys distributed pursuant to this chapter shall be 3432
calculated and paid on a fiscal year basis, beginning with the 3433
first day of July and extending through the thirtieth day of June. 3434
Unless otherwise provided, the moneys appropriated for each fiscal 3435
year shall be distributed at least monthly to each school 3436
district. The state board shall submit a yearly distribution plan 3437
to the controlling board at its first meeting in July. The state 3438
board shall submit any proposed midyear revision of the plan to 3439
the controlling board in January. Any year-end revision of the 3440
plan shall be submitted to the controlling board in June. If 3441
moneys appropriated for each fiscal year are distributed other 3442
than monthly, such distribution shall be on the same basis for 3443
each school district.3444

       The total amounts paid each month shall constitute, as nearly 3445
as possible, one-twelfth of the total amount payable for the 3446
entire year.3447

       Payments shall be calculated to reflect the reporting of 3448
formula ADM. Annualized periodic payments for each school district 3449
shall be based on the district's final student counts verified by 3450
the superintendent of public instruction based on reports under 3451
section 3317.03 of the Revised Code, as adjusted, if so ordered, 3452
under division (K) of that section.3453

       (A) Except as otherwise provided, payments under this chapter 3454
shall be made only to those school districts that comply with 3455
divisions (A)(1) to (3) of this section.3456

       (1) Each city, exempted village, and local school district 3457
shall levy for current operating expenses at least twenty mills. 3458
Levies for joint vocational or cooperative education school 3459
districts or county school financing districts, limited to or to 3460
the extent apportioned to current expenses, shall be included in 3461
this qualification requirement. School district income tax levies 3462
under Chapter 5748. of the Revised Code, limited to or to the 3463
extent apportioned to current operating expenses, shall be 3464
included in this qualification requirement to the extent 3465
determined by the tax commissioner under division (D) of section 3466
3317.021 of the Revised Code.3467

       (2) Each city, exempted village, local, and joint vocational 3468
school district, during the school year next preceding the fiscal 3469
year for which payments are calculated under this chapter, shall 3470
meet the requirement of section 3313.48 or 3313.481 of the Revised 3471
Code, with regard to the minimum number of days or hours school 3472
must be open for instruction with pupils in attendance, for 3473
individualized parent-teacher conference and reporting periods, 3474
and for professional meetings of teachers. The superintendent of 3475
public instruction shall waive a number of days in accordance with 3476
section 3317.01 of the Revised Code on which it had been necessary 3477
for a school to be closed because of disease epidemic, hazardous 3478
weather conditions, inoperability of school buses or other 3479
equipment necessary to the school's operation, damage to a school 3480
building, or other temporary circumstances due to utility failure 3481
rendering the school building unfit for school use.3482

       A school district shall not be considered to have failed to 3483
comply with this division or section 3313.481 of the Revised Code 3484
because schools were open for instruction but either twelfth grade 3485
students were excused from attendance for up to three days or only 3486
a portion of the kindergarten students were in attendance for up 3487
to three days in order to allow for the gradual orientation to 3488
school of such students.3489

       The superintendent of public instruction shall waive the 3490
requirements of this section with reference to the minimum number 3491
of days or hours a school must be open for instruction with pupils 3492
in attendance for the school year succeeding the school year in 3493
which a board of education initiates a plan of operation pursuant 3494
to section 3313.481 of the Revised Code. The minimum requirements 3495
of this section shall again be applicable to the district 3496
beginning with the school year commencing the second July 3497
succeeding the initiation of the plan, and for each school year 3498
thereafter.3499

       A school district shall not be considered to have failed to 3500
comply with this division or section 3313.48 or 3313.481 of the 3501
Revised Code because schools were open for instruction but the 3502
length of the regularly scheduled learning day, for any number of 3503
days during the school year, was reduced by not more than two 3504
hours due to hazardous weather conditions.3505

       (3) Each city, exempted village, local, and joint vocational 3506
school district shall have on file, and shall pay in accordance 3507
with, a teachers' salary schedule which complies withsalaries 3508
based upon performance as required under section 3317.13 of the 3509
Revised Code.3510

       (B) A school district board of education or educational 3511
service center governing board that has not conformed with other 3512
law, and the rules pursuant thereto, shall not participate in the 3513
distribution of funds authorized by this chapter, except for good 3514
and sufficient reason established to the satisfaction of the state 3515
board of education and the state controlling board.3516

       (C) All funds allocated to school districts under this 3517
chapter, except those specifically allocated for other purposes, 3518
shall be used only to pay current operating expenses or for either 3519
of the following purposes:3520

        (1) The modification or purchase of classroom space to 3521
provide all-day kindergarten as required by section 3321.05 of the 3522
Revised Code, provided the district certifies its shortage of 3523
space for providing all-day kindergarten to the department of 3524
education, in a manner specified by the department;3525

        (2) The modification or purchase of classroom space to reduce 3526
class sizes in grades kindergarten through three to attain the 3527
goal of fifteen students per core teacher, provided the district 3528
certifies its need for additional classroom space to the 3529
department, in a manner specified by the department.3530

       (D) On or before the last day of each month, the department 3531
of education shall certify to the director of budget and 3532
management for payment, for each county:3533

       (1)(a) That portion of the allocation of money under section 3534
3306.13 of the Revised Code that is required to be paid in that 3535
month to each school district located wholly within the county 3536
subsequent to the deductions described in division (D)(1)(b) of 3537
this section;3538

       (b) The amounts deducted from such allocation under sections 3539
3307.31 and 3309.51 of the Revised Code for payment directly to 3540
the school employees and state teachers retirement systems under 3541
such sections.3542

       (2) If the district is located in more than one county, an 3543
apportionment of the amounts that would otherwise be certified 3544
under division (D)(1) of this section. The amounts apportioned to 3545
the county shall equal the amounts certified under division (D)(1) 3546
of this section times the percentage of the district's resident 3547
pupils who reside both in the district and in the county, based on 3548
the average daily membership reported under division (A) of 3549
section 3317.03 of the Revised Code in October of the prior fiscal 3550
year.3551

       Sec. 3307.27.  The contributions required under section 3552
3307.26 of the Revised Code shall not be made by an employer on a 3553
teacher's behalf, but may be treated as paid by the employer in 3554
accordance with division (h) of section 414 of the "Internal 3555
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 414(h), as 3556
amended.3557

       Sec. 3307.77.  (A) As used in this section, "employer" means 3558
the employer employing a member of the state teachers retirement 3559
system at the time the member commences an absence, or is granted 3560
a leave described in this section.3561

       (B) Any member of the state teachers retirement system 3562
participating in the plan described in sections 3307.50 to 3307.79 3563
of the Revised Code who is, or has been, prevented from making 3564
contributions under section 3307.26 of the Revised Code because of 3565
an absence due to the member's own illness or injury, or who is, 3566
or has been, granted a leave for educational, professional, or 3567
other purposes pursuant to section 3319.13, 3319.1313319.141, or 3568
3345.28 of the Revised Code or for any other reason approved by 3569
the state teachers retirement board, may purchase service credit, 3570
not to exceed two years for each such period of absence or leave, 3571
either by having deductions made in accordance with division (C) 3572
of this section or by making the payment required by division (D) 3573
or (E) of this section.3574

       (C) If the absence or leave begins and ends in the same year, 3575
the member may purchase credit for the absence or leave by having 3576
the employer deduct and transmit to the system from payrolls in 3577
that year employee contributions on the amount certified by the 3578
employer as the compensation the member would have received had 3579
the member remained employed in the position held when the absence 3580
or leave commenced. The deductions may be made even though the 3581
minimum compensation provided by law for the member is reduced 3582
thereby, unless the amount to be deducted exceeds the compensation 3583
to be paid the member from the time deductions begin until the end 3584
of the year, in which case credit may not be purchased under this 3585
division. The employer shall pay the system the employer 3586
contributions on the compensation amount certified under this 3587
division. Employee and employer contributions shall be made at the 3588
rates in effect at the time the absence or leave occurred. If the 3589
employee or employer rates in effect change during the absence or 3590
leave, the contributions for each month of the absence or leave 3591
shall be made at the rate in effect for that month.3592

       (D) During or following the absence or leave, but no later 3593
than two years following the last day of the year in which the 3594
absence or leave terminates, a member may purchase credit for the 3595
absence or leave by paying to the employer, and the employer 3596
transmitting to the system, employee contributions on the amount 3597
certified by the employer as the compensation the member would 3598
have received had the member remained employed in the position 3599
held when the absence or leave commenced. The employer shall pay 3600
the system the employer contributions on the compensation amount 3601
certified under this division. Employee and employer contributions 3602
shall be made at the rates in effect at the time the absence or 3603
leave occurred. If the employee or employer rates in effect change 3604
during the absence or leave, the contributions for each month of 3605
an absence or leave shall be made at the rate in effect for that 3606
month.3607

       (E) After two years following the last day of the year in 3608
which an absence or leave terminated, a member may purchase credit 3609
for the absence or leave by paying the employer, and the employer 3610
transmitting to the system, the sum of the following for each year 3611
of credit purchased:3612

       (1) An amount determined by multiplying the employee rate of 3613
contribution in effect at the time the absence or leave commenced 3614
by the member's annual compensation for the member's last full 3615
year of service prior to the commencement of the absence or leave, 3616
or, if the member has not had a full year of service, the 3617
compensation the member would have received for the year the 3618
absence or leave commenced had the member continued in service for 3619
a full year;3620

       (2) Interest compounded annually, at a rate determined by the 3621
board, on the amount determined under division (E)(1) of this 3622
section for the period commencing two years following the last day 3623
of the year in which the absence or leave terminated and ending on 3624
the date of payment;3625

       (3) Interest compounded annually, at a rate determined by the 3626
board, on an amount equal to the employer's contribution required 3627
by this division for the period commencing two years following the 3628
last day of the year in which the absence or leave terminated and 3629
ending on the date of payment.3630

       The employer shall pay to the system for each year of credit 3631
purchased under this division an amount determined by multiplying 3632
the employer contribution rate in effect at the time the absence 3633
or leave commenced by the member's annual compensation for the 3634
member's last full year of service prior to the commencement of 3635
the absence or leave, or, if the member has not had a full year of 3636
service, the compensation the member would have received for the 3637
year the absence or leave commenced had the member continued in 3638
service for a full year.3639

       (F) A member who chooses to purchase service credit under 3640
division (D) or (E) of this section may choose to purchase only 3641
part of the credit for which the member is eligible in any one 3642
payment, but payments made more than two years following the last 3643
day of the year in which the absence or leave terminated shall be 3644
made in accordance with division (E) of this section.3645

       (G) The state teachers retirement board may adopt rules to 3646
implement this section.3647

       Sec. 3309.47.  Each school employees retirement system 3648
contributor shall contribute eight per cent of the contributor's 3649
compensation to the employees' savings fund, except that the 3650
school employees retirement board may raise the contribution rate 3651
to a rate not greater than ten per cent of compensation.3652

       The contributions required under this section shall not be 3653
paid by an employer on a contributor's behalf, but may be treated 3654
as employer contributions for purposes of state and federal income 3655
tax deferred income provisions.3656

       The contributions by the direction of the school employees 3657
retirement board shall be deducted by the employer from the 3658
compensation of each contributor on each payroll of such 3659
contributor for each payroll period and shall be an amount equal 3660
to the required per cent of such contributor's compensation. On a 3661
finding by the board that an employer has failed or refused to 3662
deduct contributions for any employee during any year and to 3663
transmit such amounts to the retirement system, the retirement 3664
board may make a determination of the amount of the delinquent 3665
contributions, including interest at a rate set by the retirement 3666
board, from the end of each year, and certify to the employer the 3667
amounts for collection. If the amount is not paid by the employer, 3668
it may be certified for collection in the same manner as payments 3669
due the employers' trust fund. Any amounts so collected shall be 3670
held in trust pending receipt of a report of contributions for the 3671
employee for the period involved as provided by law and, 3672
thereafter, the amount in trust shall be transferred to the 3673
employee's savings fund to the credit of the employee. Any amount 3674
remaining after the transfer to the employees' savings fund shall 3675
be transferred to the employers' trust fund as a credit of the 3676
employer.3677

       Any contributor under contract who, because of illness, 3678
accident, or other reason approved by the employer, is prevented 3679
from making the contributor's contribution to the system for any 3680
payroll period, may, upon returning to contributing service, have 3681
such deductions made from other payrolls during the year, or may 3682
pay such amount to the employer and the employer shall transmit 3683
such deductions to the system. The deductions shall be made 3684
notwithstanding that the minimum compensation for any contributor 3685
shall be reduced thereby. Every contributor shall be deemed to 3686
consent and agree to the contributions made and provided for in 3687
this section and shall receipt in full for the contributor's 3688
salary or compensation, and payment, less the contributions, is a 3689
full and complete discharge and acquittance of all claims and 3690
demands whatsoever for the services rendered by the person during 3691
the period covered by the payment.3692

       Each contributor shall pay with the first payment to the 3693
employees' savings fund each year a sum to be determined by the 3694
board, as provided by law, which amount shall be credited to the 3695
expense fund. The payments for the expense fund shall be made to 3696
the board in the same way as payments to the employees' savings 3697
fund are made.3698

       Additional deposits may be made to a member's account. At 3699
retirement, the amount deposited with interest may be used to 3700
provide additional annuity income. The additional deposits may be 3701
refunded to the member before retirement, and shall be refunded if 3702
the member withdraws the member's refundable amount. The deposits 3703
may be refunded to the beneficiary or estate if the member dies 3704
before retirement, and the board shall determine whether regular 3705
interest shall be credited to deposits thus refunded.3706

       Sec. 3311.19.  (A) The management and control of a joint 3707
vocational school district shall be vested in the joint vocational 3708
school district board of education. Where a joint vocational 3709
school district is composed only of two or more local school 3710
districts located in one county, or when all the participating 3711
districts are in one county and the boards of such participating 3712
districts so choose, the educational service center governing 3713
board of the county in which the joint vocational school district 3714
is located shall serve as the joint vocational school district 3715
board of education. Where a joint vocational school district is 3716
composed of local school districts of more than one county, or of 3717
any combination of city, local, or exempted village school 3718
districts or educational service centers, unless administration by 3719
the educational service center governing board has been chosen by 3720
all the participating districts in one county pursuant to this 3721
section, the board of education of the joint vocational school 3722
district shall be composed of one or more persons who are members 3723
of the boards of education from each of the city or exempted 3724
village school districts or members of the educational service 3725
centers' governing boards affected to be appointed by the boards 3726
of education or governing boards of such school districts and 3727
educational service centers. In such joint vocational school 3728
districts the number and terms of members of the joint vocational 3729
school district board of education and the allocation of a given 3730
number of members to each of the city and exempted village 3731
districts and educational service centers shall be determined in 3732
the plan for such district, provided that each such joint 3733
vocational school district board of education shall be composed of 3734
an odd number of members.3735

       (B) Notwithstanding division (A) of this section, a governing 3736
board of an educational service center that has members of its 3737
governing board serving on a joint vocational school district 3738
board of education may make a request to the joint vocational 3739
district board that the joint vocational school district plan be 3740
revised to provide for one or more members of boards of education 3741
of local school districts that are within the territory of the 3742
educational service district and within the joint vocational 3743
school district to serve in the place of or in addition to its 3744
educational service center governing board members. If agreement 3745
is obtained among a majority of the boards of education and 3746
governing boards that have a member serving on the joint 3747
vocational school district board of education and among a majority 3748
of the local school district boards of education included in the 3749
district and located within the territory of the educational 3750
service center whose board requests the substitution or addition, 3751
the state board of education may revise the joint vocational 3752
school district plan to conform with such agreement.3753

       (C) If the board of education of any school district or 3754
educational service center governing board included within a joint 3755
vocational district that has had its board or governing board 3756
membership revised under division (B) of this section requests the 3757
joint vocational school district board to submit to the state 3758
board of education a revised plan under which one or more joint 3759
vocational board members chosen in accordance with a plan revised 3760
under such division would again be chosen in the manner prescribed 3761
by division (A) of this section, the joint vocational board shall 3762
submit the revised plan to the state board of education, provided 3763
the plan is agreed to by a majority of the boards of education 3764
represented on the joint vocational board, a majority of the local 3765
school district boards included within the joint vocational 3766
district, and each educational service center governing board 3767
affected by such plan. The state board of education may revise the 3768
joint vocational school district plan to conform with the revised 3769
plan.3770

       (D) The vocational schools in such joint vocational school 3771
district shall be available to all youth of school age within the 3772
joint vocational school district subject to the rules adopted by 3773
the joint vocational school district board of education in regard 3774
to the standards requisite to admission. A joint vocational school 3775
district board of education shall have the same powers, duties, 3776
and authority for the management and operation of such joint 3777
vocational school district as is granted by law, except by this 3778
chapter and Chapters 124., 3306., 3317., 3323., and 3331. of the 3779
Revised Code, to a board of education of a city school district, 3780
and shall be subject to all the provisions of law that apply to a 3781
city school district, except such provisions in this chapter and 3782
Chapters 124., 3306., 3317., 3323., and 3331. of the Revised Code.3783

       (E) Where a governing board of an educational service center 3784
has been designated to serve as the joint vocational school 3785
district board of education, the educational service center 3786
superintendent shall be the executive officer for the joint 3787
vocational school district, and the governing board may provide 3788
for additional compensation to be paid to the educational service 3789
center superintendent by the joint vocational school district, but 3790
the educational service center superintendent shall have no 3791
continuing tenure other than that of educational service center 3792
superintendent. The superintendent of schools of a joint 3793
vocational school district shall exercise the duties and authority 3794
vested by law in a superintendent of schools pertaining to the 3795
operation of a school district and the employment and supervision 3796
of its personnel. The joint vocational school district board of 3797
education shall appoint a treasurer of the joint vocational school 3798
district who shall be the fiscal officer for such district and who 3799
shall have all the powers, duties, and authority vested by law in 3800
a treasurer of a board of education. Where a governing board of an 3801
educational service center has been designated to serve as the 3802
joint vocational school district board of education, such board 3803
may appoint the educational service center superintendent as the 3804
treasurer of the joint vocational school district.3805

       (F) Each member of a joint vocational school district board 3806
of education may be paid such compensation as the board provides 3807
by resolution, but it shall not exceed one hundred twenty-five 3808
dollars per member for each meeting attended plus mileage, at the 3809
rate per mile provided by resolution of the board, to and from 3810
meetings of the board.3811

       The board may provide by resolution for the deduction of 3812
amounts payable for benefits under division (C) of section 3813
3313.202 of the Revised Code.3814

       Each member of a joint vocational school district board may 3815
be paid such compensation as the board provides by resolution for 3816
attendance at an approved training program, provided that such 3817
compensation shall not exceed sixty dollars per day for attendance 3818
at a training program three hours or fewer in length and one 3819
hundred twenty-five dollars a day for attendance at a training 3820
program longer than three hours in length. However, no board 3821
member shall be compensated for the same training program under 3822
this section and section 3313.12 of the Revised Code.3823

       Sec. 3313.12.  Each member of the educational service center 3824
governing board may be paid such compensation as the governing 3825
board provides by resolution, provided that any such compensation 3826
shall not exceed one hundred twenty-five dollars a day plus 3827
mileage both ways, at the rate per mile provided by resolution of 3828
the governing board, for attendance at any meeting of the board. 3829
Such compensation and the expenses of the educational service 3830
center superintendent, itemized and verified, shall be paid from 3831
the educational service center governing board fund upon vouchers 3832
signed by the president of the governing board.3833

       The board of education of any city, local, or exempted 3834
village school district may provide by resolution for compensation 3835
of its members, provided that such compensation shall not exceed 3836
one hundred twenty-five dollars per member for meetings attended. 3837
The board may provide by resolution for the deduction of amounts 3838
payable for benefits under division (C) of section 3313.202 of the 3839
Revised Code.3840

       Each member of a district board or educational service center 3841
governing board may be paid such compensation as the respective 3842
board provides by resolution for attendance at an approved 3843
training program, provided that such compensation shall not exceed 3844
sixty dollars a day for attendance at a training program three 3845
hours or fewer in length and one hundred twenty-five dollars a day 3846
for attendance at a training program longer than three hours in 3847
length.3848

       Sec. 3313.202. (A) As used in this section:3849

       (1) "Health care plan" means any of the following types of 3850
insurance or coverage, or a combination of any of the following 3851
types of insurance or coverage, whether issued by an insurance 3852
company or a health insuring corporation duly licensed by this 3853
state:3854

       (a) Hospitalization, surgical care, or major medical 3855
insurance; 3856

       (b) Sickness and accident insurance;3857

       (c) Disability insurance; 3858

       (d) Dental care; 3859

       (e) Vision care; 3860

       (f) Medical care; 3861

       (g) Hearing aids; 3862

       (h) Prescription drugs.3863

       (2) "Nonteaching employee" means any person employed in the 3864
public schools of the state in a position for which the person is 3865
not required to have a certificate or license issued pursuant to 3866
sections 3319.22 to 3319.31 of the Revised Code.3867

       (3) "Teaching employee" means any person employed in the 3868
public schools of this state in a position for which the person is 3869
required to have a certificate or license issued pursuant to 3870
sections 3319.22 to 3319.31 of the Revised Code. 3871

       (B)(1) The board of education of a school district may 3872
procure and pay up to eighty-five per cent of the cost of a health 3873
care plan for any of the following:3874

       (a) The teaching employees of the school district;3875

       (b) The nonteaching employees of the school district;3876

       (c) The dependent children and spouses of employees for whom 3877
coverage is procured. 3878

       (2) Any health care plan that a board of education procures 3879
under division (B)(1) of this section shall include best practices 3880
prescribed by the school employees health care board under section 3881
9.901 of the Revised Code.3882

       (3) The benefits provided to a management level employee, as 3883
defined in section 4117.01 of the Revised Code, under a health 3884
care plan that the board procures under this section shall be the 3885
same as any benefits provided to other employees of the board 3886
under a health care plan that the board procures under this 3887
section.3888

       (4) A board of education shall continue to carry, on payroll 3889
records, all school employees whose sick leave accumulation has 3890
expired, or who are on a disability leave of absence or an 3891
approved leave of absence, for the purpose of group term life, 3892
hospitalization, surgical, major medical, or any other insurance. 3893
A board of education may pay all or part of such coverage except 3894
when those employees are on an approved leave of absence, or on a 3895
disability leave of absence for a period exceeding two years. 3896

       (C) Any elected or appointed member of the board of education 3897
of a school district and the dependent children and spouse of the 3898
member may be covered, at the option of the member, as an employee 3899
of the school district under any health care plan containing best 3900
practices prescribed by the school employees health care board3901
adopted under this section 9.901 of the Revised Code. The provider 3902
of the benefits shall certify to the board the provider's charge 3903
for coverage under each option available to employees under that 3904
plan, and the member shall pay all premiumsto the school district 3905
the amount certified for that coverage. Payments for such coverage 3906
shall be made, in advance, in a manner prescribed by the school 3907
employees health care board. The member's exercise of an option to 3908
be covered under this section shall be in writing, announced at a 3909
regular public meeting of the board of education, and recorded as 3910
a public record in the minutes of the board.3911

       Sec. 3313.23.  If a treasurer of a board of education is 3912
absent from any meeting of the board the members present shall 3913
choose one of their number to serve in histhe treasurer's place 3914
pro tempore.3915

       If a board of education determines the treasurer is 3916
incapacitated in such a manner that hethe treasurer is unable to 3917
perform the duties of the office of treasurer, the board may, by a 3918
majority vote of the members of the board, appoint a person to 3919
serve in histhe treasurer's place pro tempore. Each board of 3920
education shall adopt a written policy establishing standards for 3921
determining whether the treasurer is incapacitated, and shall 3922
provide that during any period in which the treasurer is 3923
incapacitated, hethe treasurer may be placed on sick leave or on 3924
leave of absence and may be returned to active duty status from 3925
sick leave or leave of absence. The board shall award leave 3926
pursuant to this written policy in accordance with the general 3927
leave policy the board adopts pursuant to section 3319.141 of the 3928
Revised Code. The treasurer may request a hearing before the board 3929
on any action taken under this section, and he shall have the same 3930
rights in any such hearing as are afforded to a teacher in a board 3931
hearing under section 3319.16 of the Revised Code. The treasurer 3932
pro tempore shall perform all of the duties and functions of the 3933
treasurer, and shall serve until the treasurer's incapacity is 3934
removed as determined by a majority vote of the members of the 3935
board or until the expiration of the treasurer's contract or term 3936
of office, whichever is sooner. The treasurer pro tempore may be 3937
removed at any time for cause by a two-thirds vote of the members 3938
of the board. The board shall fix the compensation of the 3939
treasurer pro tempore in accordance with section 3313.24 of the 3940
Revised Code, and shall require the treasurer pro tempore to 3941
execute a bond immediately after his appointment in accordance 3942
with section 3313.25 of the Revised Code. If a treasurer is a 3943
member of the board, hethe treasurer shall not vote on any matter 3944
related to histhe treasurer's own incapacitation.3945

       Sec. 3313.24.  (A) At the time of the appointment or 3946
designation of the term of office of the treasurer, subject to 3947
division (B) of this section, the board of education of each 3948
local, exempted village, or city school district shall fix the 3949
compensation of its treasurer, which shall be paid from the 3950
general fund of the district. No order for payment of the salary 3951
of the treasurer of a local, exempted village, or city school 3952
district, other than an island school district, shall be drawn 3953
until the treasurer presents to the district board evidence that 3954
the treasurer either holds a valid license issued under section 3955
3301.074 of the Revised Code or is an otherwise qualified 3956
treasurer, as defined in division (B) of section 3313.22 of the 3957
Revised Code.3958

       A governing board of an educational service center which 3959
chooses to act as the governing board of the educational service 3960
center pursuant to division (D) of section 135.01 of the Revised 3961
Code shall fix the compensation of its treasurer and pay its 3962
treasurer in the manner prescribed in the section for local, 3963
exempted village, and city school districts.3964

       (B) The compensation of the treasurer may be increased or 3965
decreased during the treasurer's term of office, provided any 3966
decrease is a part of a uniform plan affecting salaries of all 3967
employees of the district.3968

       (C) The board may establish vacation leave for its treasurer 3969
in accordance with the general leave policy the board adopts 3970
pursuant to section 3319.141 of the Revised Code. Upon the 3971
treasurer's separation from employment, the board may provide 3972
compensation at the treasurer's current rate of pay for all 3973
lawfully accrued and unused vacation leave to the treasurer's 3974
credit at the time of separation, not to exceed the amount accrued 3975
during the three years before the date of separation. In case of 3976
the death of a treasurer, unused vacation leave that the board 3977
would have paid to the treasurer upon separation shall be paid in 3978
accordance with section 2113.04 of the Revised Code or to the 3979
treasurer's estate.3980

       Sec. 3313.33.  (A) Conveyances made by a board of education 3981
shall be executed by the president and treasurer thereof.3982

       (B) Except as provided in division (C) of this section, no 3983
member of the board shall have, directly or indirectly, any 3984
pecuniary interest in any contract of the board or be employed in 3985
any manner for compensation by the board of which the person is a 3986
member. No contract shall be binding upon any board unless it is 3987
made or authorized at a regular or special meeting of such board.3988

       (C) A member of the board may have a pecuniary interest in a 3989
contract of the board if all of the following apply:3990

       (1) The member's pecuniary interest in that contract is that 3991
the member is employed by a political subdivision, 3992
instrumentality, or agency of the state that is contracting with 3993
the board;3994

       (2) The member does not participate in any discussion or 3995
debate regarding the contract or vote on the contract;3996

       (3) The member files with the school district treasurer an 3997
affidavit stating the member's exact employment status with the 3998
political subdivision, instrumentality, or agency contracting with 3999
the board.4000

       (D) This section does not apply where a member of the board, 4001
being a shareholder of a corporation but not being an officer or 4002
director thereof, owns not in excess of five per cent of the stock 4003
of such corporation. If a stockholder desires to avail self of the 4004
exception, before entering upon such contract such person shall 4005
first file with the treasurer an affidavit stating the 4006
stockholder's exact status and connection with said corporation.4007

       This section does not apply where a member of the board 4008
elects to be covered by a health care plan under division (C) of4009
section 3313.202 of the Revised Code.4010

       Sec. 3313.42.  (A) When in the judgment of a board of 4011
education of any school district in this state, lying adjacent to 4012
a school district of another state, the best interests of the 4013
public schools can be promoted by purchasing school grounds, 4014
repairing or erecting a schoolhouse, and maintaining them jointly 4015
between the two adjacent school districts, the board of education 4016
of the school district of this state so situated may enter into an 4017
agreement with the school authorities of said adjacent school 4018
district for the purpose of purchasing school grounds, repairing 4019
or constructing a school building, purchasing school furniture, 4020
equipment, appliances, fuel, employing teachers, and maintaining a 4021
school. The board of education of this state may levy taxes and 4022
perform such other duties in maintaining such joint school as are 4023
otherwise provided by law for maintaining the public schools in 4024
this state.4025

       In carrying out this section the school district shall pay 4026
such proportion of the cost of purchasing school grounds, 4027
repairing or erecting a building, and in maintaining the joint 4028
school as is equitable and just in the judgment of the board of 4029
education and trustees of the two adjacent school districts.4030

       (B) In any school district that has entered into an agreement 4031
under division (A) of this section, the state minimum teacher 4032
salary requirements prescribed by section 3317.13 of the Revised 4033
Code do not apply if the total expenditures by the school district 4034
for teacher salaries in any school year equals or exceeds the 4035
total minimum expenditures that would have been required in that 4036
year if such minimum teacher salary requirements did apply.4037

       (C) Notwithstanding sections 3319.01, 3319.02, and 3313.22 of 4038
the Revised Code, the board of education of a local school 4039
district that has entered into an agreement with an adjacent 4040
school district in another state under division (A) of this 4041
section may contract with the educational service center within 4042
which the local school district is located for the service center 4043
to provide any administrative services specified in the agreement 4044
to the local school district and the adjacent district. If such an 4045
agreement provides for the duties of a district treasurer, 4046
superintendent, or principals to be performed by the service 4047
center, the local school district is not required to employ 4048
persons to perform such duties.4049

       Sec. 3314.10.  (A)(1) The governing authority of any 4050
community school established under this chapter may employ 4051
teachers and nonteaching employees necessary to carry out its 4052
mission and fulfill its contract.4053

       (2) Except as provided under division (A)(3) of this section, 4054
employees hired under this section may organize and collectively 4055
bargain pursuant to Chapter 4117. of the Revised Code. 4056
Notwithstanding division (D)(1) of section 4117.06 of the Revised 4057
Code, a unit containing teaching and nonteaching employees 4058
employed under this section shall be considered an appropriate 4059
unit. As applicable, employment under this section is subject to 4060
either Chapter 3307. or 3309. of the Revised Code.4061

       (3) If a school is created by converting all or part of an 4062
existing public school rather than by establishment of a new 4063
start-up school, at the time of conversion, the employees of the 4064
community school shall remain part of any collective bargaining 4065
unit in which they were included immediately prior to the 4066
conversion and shall remain subject to any collective bargaining 4067
agreement for that unit in effect on the first day of July of the 4068
year in which the community school initially begins operation and 4069
shall be subject to any subsequent collective bargaining agreement 4070
for that unit, unless a petition is certified as sufficient under 4071
division (A)(6)(5) of this section with regard to those employees 4072
or the governing authority of the community school submits a 4073
statement to the state employment relations board under division 4074
(A)(3) of this section. Any new employees of the community school 4075
shall also be included in the unit to which they would have been 4076
assigned had not the conversion taken place and shall be subject 4077
to the collective bargaining agreement for that unit unless a 4078
petition is certified as sufficient under division (A)(6)(5) of 4079
this section with regard to those employees or the governing 4080
authority of the community school submits a statement to the state 4081
employment relations board under division (A)(3) of this section.4082

       Notwithstanding division (B) of section 4117.01 of the 4083
Revised Code, the board of education of a school district and not 4084
the governing authority of a community school shall be regarded, 4085
for purposes of Chapter 4117. of the Revised Code, as the "public 4086
employer" of the employees of a conversion community school 4087
subject to a collective bargaining agreement pursuant to division 4088
(A)(3)(2) of this section unless a petition is certified under 4089
division (A)(6) of this section with regard to those employees. 4090
Only on and after the effective date of a petition certified as 4091
sufficient under division (A)(6) of this section shall division 4092
(A)(2) of this section apply to those employees of that community 4093
school and only on and after the effective date of that petition 4094
shall Chapter 4117. of the Revised Code apply to the governing 4095
authority of that community school with regard to those employees.4096

       (4)(3) Notwithstanding sections 4117.03 to 4117.18 of the 4097
Revised Code and Section 4 of Amended Substitute Senate Bill No. 4098
133 of the 115th general assembly, the employees of a conversion 4099
community school who are subject to a collective bargaining 4100
agreement pursuant to division (A)(3)(2) of this section shall 4101
cease to be subject to that agreement and all subsequent 4102
agreements pursuant to that division and shall cease to be part of 4103
the collective bargaining unit that is subject to that and all 4104
subsequent agreements, if a majority of the employees ofthe 4105
governing authority of that community school who are subject to 4106
that collective bargaining agreement sign and submitsubmits to 4107
the state employment relations board a petitionstatement4108
requesting all of the following:4109

       (a) Thatthat all the employees of the community school who 4110
are subject to that agreement be removed from the bargaining unit 4111
that is subject to that agreement and be designated by the state 4112
employment relations board as a new and separate bargaining unit 4113
for purposes of Chapter 4117. of the Revised Code;4114

       (b) That the employee organization certified as the exclusive 4115
representative of the employees of the bargaining unit from which 4116
the employees are to be removed be certified as the exclusive 4117
representative of the new and separate bargaining unit for 4118
purposes of Chapter 4117. of the Revised Code;4119

       (c) That the governing authority of the community school be 4120
regarded as the "public employer" of these employees for purposes 4121
of Chapter 4117. of the Revised Code.4122

       (5)(4) Notwithstanding sections 4117.03 to 4117.18 of the 4123
Revised Code and Section 4 of Amended Substitute Senate Bill No. 4124
133 of the 115th general assembly, the employees of a conversion 4125
community school who are subject to a collective bargaining 4126
agreement pursuant to division (A)(3)(2) of this section shall 4127
cease to be subject to that agreement and all subsequent 4128
agreements pursuant to that division, shall cease to be part of 4129
the collective bargaining unit that is subject to that and all 4130
subsequent agreements, and shall cease to be represented by any 4131
exclusive representative of that collective bargaining unit, if a 4132
majority of the employees of the community school who are subject 4133
to that collective bargaining agreement sign and submit to the 4134
state employment relations board a petition requesting all of the 4135
following:4136

       (a) That all the employees of the community school who are 4137
subject to that agreement be removed from the bargaining unit that 4138
is subject to that agreement;4139

       (b) That any employee organization certified as the exclusive 4140
representative of the employees of that bargaining unit be 4141
decertified as the exclusive representative of the employees of 4142
the community school who are subject to that agreement;4143

       (c) That the governing authority of the community school be 4144
regarded as the "public employer" of these employees for purposes 4145
of Chapter 4117. of the Revised Code.4146

       (6)(5) Upon receipt of a petition under division (A)(4) or 4147
(5) of this section, the state employment relations board shall 4148
check the sufficiency of the signatures on the petition. If the 4149
signatures are found sufficient, the board shall certify the 4150
sufficiency of the petition and so notify the parties involved, 4151
including the board of education, the governing authority of the 4152
community school, and any exclusive representative of the 4153
bargaining unit. The changes requested in a certified petition 4154
shall take effect on the first day of the month immediately 4155
following the date on which the sufficiency of the petition is 4156
certified under division (A)(6)(5) of this section.4157

       (B)(1) The board of education of each city, local, and 4158
exempted village school district sponsoring a community school and 4159
the governing board of each educational service center in which a 4160
community school is located shall adopt a policy that provides a 4161
leave of absence of at least three years to each teacher or 4162
nonteaching employee of the district or service center who is 4163
employed by a conversion or new start-up community school 4164
sponsored by the district or located in the district or center for 4165
the period during which the teacher or employee is continuously 4166
employed by the community school. The policy shall also provide 4167
that any teacher or nonteaching employee may return to employment 4168
by the district or service center if the teacher or employee 4169
leaves or is discharged from employment with the community school 4170
for any reason, unless, in the case of a teacher, the board of the 4171
district or service center determines that the teacher was 4172
discharged for a reason for which the board would have sought to 4173
discharge the teacher under section 3319.16 of the Revised Code, 4174
in which case the board may proceed to discharge the teacher 4175
utilizing the procedures of that section. Upon termination of such 4176
a leave of absence, any seniority that is applicable to the person 4177
shall be calculated to include all of the following: all 4178
employment by the district or service center prior to the leave of 4179
absence; all employment by the community school during the leave 4180
of absence; and all employment by the district or service center 4181
after the leave of absence. The policy shall also provide that if 4182
any teacher holding valid certification returns to employment by 4183
the district or service center upon termination of such a leave of 4184
absence, the teacher shall be restored to the previous position 4185
and salary or to a position and salary similar thereto. If, as a 4186
result of teachers returning to employment upon termination of 4187
such leaves of absence, a school district or educational service 4188
center reduces the number of teachers it employs, it shall make 4189
such reductions in accordance with section 3319.17 or, if 4190
applicable, 3319.171 of the Revised Code.4191

       Unless a collective bargaining agreement providing otherwise 4192
is in effect for an employee of a conversion community school 4193
pursuant to division (A)(3)(2) of this section, an employee on a 4194
leave of absence pursuant to this division shall remain eligible 4195
for any benefits that are in addition to benefits under Chapter 4196
3307. or 3309. of the Revised Code provided by the district or 4197
service center to its employees provided the employee pays the 4198
entire cost associated with such benefits, except that personal 4199
leave and vacation leave cannot be accrued for use as an employee 4200
of a school district or service center while in the employ of a 4201
community school unless the district or service center board 4202
adopts a policy expressly permitting this accrual.4203

       (2) While on a leave of absence pursuant to division (B)(1) 4204
of this section, a conversion community school shall permit a 4205
teacher to use sick leave accrued while in the employ of the 4206
school district from which the leave of absence was taken and 4207
prior to commencing such leave. If a teacher who is on such a 4208
leave of absence uses sick leave so accrued, the cost of any 4209
salary paid by the community school to the teacher for that time 4210
shall be reported to the department of education. The cost of 4211
employing a substitute teacher for that time shall be paid by the 4212
community school. The department of education shall add amounts to 4213
the payments made to a community school under this chapter as 4214
necessary to cover the cost of salary reported by a community 4215
school as paid to a teacher using sick leave so accrued pursuant 4216
to this section. The department shall subtract the amounts of any 4217
payments made to community schools under this division from 4218
payments made to such sponsoring school district under Chapters 4219
3306. and 3317. of the Revised Code.4220

       A school district providing a leave of absence and employee 4221
benefits to a person pursuant to this division is not liable for 4222
any action of that person while the person is on such leave and 4223
employed by a community school.4224

       Sec. 3316.07.  (A) A school district financial planning and 4225
supervision commission has the following powers, duties, and 4226
functions:4227

       (1) To review or to assume responsibility for the development 4228
of all tax budgets, tax levy and bond and note resolutions, 4229
appropriation measures, and certificates of estimated resources of 4230
the school district in order to ensure that such are consistent 4231
with the financial recovery plan and a balanced appropriation 4232
budget for the current fiscal year, and to request and review any 4233
supporting information upon which the financial recovery plan and 4234
balanced appropriation budget may be developed and based, and to 4235
determine whether revenue estimates and estimates of expenditures 4236
and appropriations will result in a balanced budget;4237

       (2) To inspect and secure copies of any document, resolution, 4238
or instrument pertaining to the effective financial accounting and 4239
reporting system, debt obligations, debt limits, financial 4240
recovery plan, balanced appropriation budgets, appropriation 4241
measures, report of audit, statement or invoice, or other 4242
worksheet or record of the school district;4243

       (3) To inspect and secure copies of any document, instrument, 4244
certification, records of proceedings, or other worksheet or 4245
records of the county budget commission, county auditor, or other 4246
official or employee of the school district or of any other 4247
political subdivision or agency of government of the state;4248

       (4) To review, revise, and approve determinations and 4249
certifications affecting the school district made by the county 4250
budget commission or county auditor pursuant to Chapter 5705. of 4251
the Revised Code to ensure that such determinations and 4252
certifications are consistent with the laws of the state;4253

       (5) To bring civil actions, including mandamus, to enforce 4254
this chapter;4255

       (6) After consultation with the officials of the school 4256
district and the auditor of state, to implement or require 4257
implementation of any necessary or appropriate steps to bring the 4258
books of account, accounting systems, and financial procedures and 4259
reports of the school district into compliance with requirements 4260
prescribed by the auditor of state, and to assume responsibility 4261
for achieving such compliance and for making any desirable 4262
modifications and supplementary systems and procedures pertinent 4263
to the school district;4264

       (7) To assist or provide assistance to the school district or 4265
to assume the total responsibility for the structuring or the 4266
terms of, and the placement for sale of, debt obligations of the 4267
school district;4268

       (8) To perform all other powers, duties, and functions as 4269
provided under this chapter;4270

       (9) To make and enter into all contracts and agreements 4271
necessary or incidental to the performance of its duties and the 4272
exercise of its powers under this chapter;4273

       (10) To consult with officials of the school district and 4274
make recommendations or assume the responsibility for implementing 4275
cost reductions and revenue increases to achieve balanced budgets 4276
and carry out the financial recovery plan in accordance with this 4277
chapter;4278

       (11) To make reductions in force to bring the school 4279
district's budget into balance, notwithstanding section 3319.081 4280
and divisions (A) and (B) of section 3319.17 of the Revised Code, 4281
notwithstanding any provision of a policy adopted under section 4282
3319.171 of the Revised Code, and notwithstanding any provision to 4283
the contrary in section 4117.08 or 4117.10 of the Revised Code or 4284
in any collective bargaining agreement entered into on or after 4285
November 21, 1997.4286

       In making reductions in force, the commission shall first 4287
consider reasonable reductions among the administrative and4288
non-teachingnonteaching employees of the school district giving 4289
due regard to ensuring the district's ability to maintain the 4290
personnel, programs, and services essential to the provision of an 4291
adequate educational program.4292

       In making these reductions in non-teachingnonteaching4293
employees in districts where Chapter 124. of the Revised Code 4294
controls such reductions, the reductions shall be made in 4295
accordance with sections 124.321 to 124.327 of the Revised Code. 4296
In making these reductions in non-teachingnonteaching employees 4297
in districts where Chapter 124. of the Revised Code does not 4298
control these reductions, within each category of non-teaching4299
nonteaching employees, the commission shall give preference to 4300
those employees with continuing contracts or non-probationary 4301
status and who have greater seniority. In making these reductions 4302
in nonteaching employees, the commission shall not use seniority 4303
as the only factor in determining dismissals.4304

       If revenues and expenditures cannot be balanced by reasonable 4305
reductions in administrative and non-teachingnonteaching4306
employees, the commission may also make reasonable reductions in 4307
the number of teaching contracts. If the commission finds it 4308
necessary to suspend teaching contracts, it shall suspend them in 4309
accordance with division (C) of section 3319.17 of the Revised 4310
Code but shall consider a reduction in non-classroom teachers 4311
before classroom teachers.4312

       (B) During the fiscal emergency period, the commission shall, 4313
in addition to other powers:4314

       (1) With respect to the appropriation measure in effect at 4315
the commencement of the fiscal emergency period of the school 4316
district if that period commenced more than three months prior to 4317
the end of the current fiscal year, and otherwise with respect to 4318
the appropriation measure for the next fiscal year:4319

       (a) Review and determine the adequacy of all revenues to meet 4320
all expenditures for such fiscal year;4321

       (b) Review and determine the extent of any deficiency of 4322
revenues to meet such expenditures;4323

       (c) Require the school district board or superintendent to 4324
provide justification documents to substantiate, to the extent and 4325
in the manner considered necessary, any item of revenue or 4326
appropriation;4327

       (d) Not later than sixty days after taking office or after 4328
receiving the appropriation measure for the next fiscal year, 4329
issue a public report regarding its review pursuant to division 4330
(B)(1) of this section.4331

       (2) Require the school district board, by resolution, to 4332
establish monthly levels of expenditures and encumbrances 4333
consistent with the financial recovery plan and the commission's 4334
review pursuant to divisions (B)(1)(a) and (b) of this section, or 4335
establish such levels itself. If the commission permits the 4336
district board to make expenditures, the commission shall monitor 4337
the monthly levels of expenditures and encumbrances and require 4338
justification documents to substantiate any departure from any 4339
approved level. No district board shall make any expenditure apart 4340
from the approved level without the written approval of the 4341
commission.4342

       (C) In making any determination pursuant to division (B) of 4343
this section, the commission may rely on any information 4344
considered in its judgment reliable or material and shall not be 4345
restricted by any tax budget or certificate or any other document 4346
the school district may have adopted or received from any other 4347
governmental agency.4348

       (D) County, state, and school district officers or employees 4349
shall assist the commission diligently and promptly in the 4350
prosecution of its duties, including the furnishing of any 4351
materials, including justification documents, required.4352

       (E) Annually on or before the first day of April during the 4353
fiscal emergency period, the commission shall make reports and 4354
recommendations to the speaker of the house of representatives and 4355
the president of the senate concerning progress of the school 4356
district to eliminate fiscal emergency conditions, failures of the 4357
school district to comply with this chapter, and recommendations 4358
for further actions to attain the objectives of this chapter, 4359
including any legislative action needed to make provisions of law 4360
more effective for their purposes, or to enhance revenue raising 4361
or financing capabilities of school districts. The commission may 4362
make such interim reports as it considers appropriate for such 4363
purposes and shall make such additional reports as may be 4364
requested by either house of the general assembly.4365

       Sec. 3317.01.  As used in this section and section 3317.011 4366
of the Revised Code, "school district," unless otherwise 4367
specified, means any city, local, exempted village, joint 4368
vocational, or cooperative education school district and any 4369
educational service center.4370

       This chapter shall be administered by the state board of 4371
education. The superintendent of public instruction shall 4372
calculate the amounts payable to each school district and shall 4373
certify the amounts payable to each eligible district to the 4374
treasurer of the district as provided by this chapter. As soon as 4375
possible after such amounts are calculated, the superintendent 4376
shall certify to the treasurer of each school district the 4377
district's adjusted charge-off increase, as defined in section 4378
5705.211 of the Revised Code. No moneys shall be distributed 4379
pursuant to this chapter without the approval of the controlling 4380
board.4381

       The state board of education shall, in accordance with 4382
appropriations made by the general assembly, meet the financial 4383
obligations of this chapter.4384

       Moneys distributed pursuant to this chapter shall be 4385
calculated and paid on a fiscal year basis, beginning with the 4386
first day of July and extending through the thirtieth day of June. 4387
The moneys appropriated for each fiscal year shall be distributed 4388
periodically to each school district unless otherwise provided 4389
for. The state board shall submit a yearly distribution plan to 4390
the controlling board at its first meeting in July. The state 4391
board shall submit any proposed midyear revision of the plan to 4392
the controlling board in January. Any year-end revision of the 4393
plan shall be submitted to the controlling board in June. If 4394
moneys appropriated for each fiscal year are distributed other 4395
than monthly, such distribution shall be on the same basis for 4396
each school district.4397

       Except as otherwise provided, payments under this chapter 4398
shall be made only to those school districts in which:4399

       (A) The school district, except for any educational service 4400
center and any joint vocational or cooperative education school 4401
district, levies for current operating expenses at least twenty 4402
mills. Levies for joint vocational or cooperative education school 4403
districts or county school financing districts, limited to or to 4404
the extent apportioned to current expenses, shall be included in 4405
this qualification requirement. School district income tax levies 4406
under Chapter 5748. of the Revised Code, limited to or to the 4407
extent apportioned to current operating expenses, shall be 4408
included in this qualification requirement to the extent 4409
determined by the tax commissioner under division (D) of section 4410
3317.021 of the Revised Code.4411

       (B) The school year next preceding the fiscal year for which 4412
such payments are authorized meets the requirement of section 4413
3313.48 or 3313.481 of the Revised Code, with regard to the 4414
minimum number of days or hours school must be open for 4415
instruction with pupils in attendance, for individualized 4416
parent-teacher conference and reporting periods, and for 4417
professional meetings of teachers. This requirement shall be 4418
waived by the superintendent of public instruction if it had been 4419
necessary for a school to be closed because of disease epidemic, 4420
hazardous weather conditions, inoperability of school buses or 4421
other equipment necessary to the school's operation, damage to a 4422
school building, or other temporary circumstances due to utility 4423
failure rendering the school building unfit for school use, 4424
provided that for those school districts operating pursuant to 4425
section 3313.48 of the Revised Code the number of days the school 4426
was actually open for instruction with pupils in attendance and 4427
for individualized parent-teacher conference and reporting periods 4428
is not less than one hundred seventy-five, or for those school 4429
districts operating on a trimester plan the number of days the 4430
school was actually open for instruction with pupils in attendance 4431
not less than seventy-nine days in any trimester, for those school 4432
districts operating on a quarterly plan the number of days the 4433
school was actually open for instruction with pupils in attendance 4434
not less than fifty-nine days in any quarter, or for those school 4435
districts operating on a pentamester plan the number of days the 4436
school was actually open for instruction with pupils in attendance 4437
not less than forty-four days in any pentamester. However, for 4438
fiscal year 2012, the superintendent shall waive two fewer such 4439
days for the 2010-2011 school year.4440

       A school district shall not be considered to have failed to 4441
comply with this division or section 3313.481 of the Revised Code 4442
because schools were open for instruction but either twelfth grade 4443
students were excused from attendance for up to three days or only 4444
a portion of the kindergarten students were in attendance for up 4445
to three days in order to allow for the gradual orientation to 4446
school of such students.4447

       The superintendent of public instruction shall waive the 4448
requirements of this section with reference to the minimum number 4449
of days or hours school must be in session with pupils in 4450
attendance for the school year succeeding the school year in which 4451
a board of education initiates a plan of operation pursuant to 4452
section 3313.481 of the Revised Code. The minimum requirements of 4453
this section shall again be applicable to such a district 4454
beginning with the school year commencing the second July 4455
succeeding the initiation of one such plan, and for each school 4456
year thereafter.4457

       A school district shall not be considered to have failed to 4458
comply with this division or section 3313.48 or 3313.481 of the 4459
Revised Code because schools were open for instruction but the 4460
length of the regularly scheduled school day, for any number of 4461
days during the school year, was reduced by not more than two 4462
hours due to hazardous weather conditions.4463

       (C) The school district has on file, and is paying in 4464
accordance with, a teachers' salary schedule which complies with4465
salaries based upon performance as required under section 3317.13 4466
of the Revised Code.4467

       A board of education or governing board of an educational 4468
service center which has not conformed with other law and the 4469
rules pursuant thereto, shall not participate in the distribution 4470
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, 4471
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good 4472
and sufficient reason established to the satisfaction of the state 4473
board of education and the state controlling board.4474

       All funds allocated to school districts under this chapter, 4475
except those specifically allocated for other purposes, shall be 4476
used to pay current operating expenses only.4477

       Sec. 3317.018. (A) The department of education shall make no 4478
calculations or payments under Chapter 3317. of the Revised Code 4479
for any fiscal year except as prescribed in this section.4480

        (B) School districts shall report student enrollment data as 4481
prescribed by section 3317.03 of the Revised Code, which data the 4482
department shall use to make payments under Chapters 3306. and 4483
3317. of the Revised Code.4484

        (C) The tax commissioner shall report data regarding tax 4485
valuation and receipts for school districts as prescribed by 4486
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027, 4487
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of 4488
section 3317.02 of the Revised Code, which data the department 4489
shall use to make payments under Chapters 3306. and 3317. of the 4490
Revised Code.4491

        (D) Unless otherwise specified by another provision of law, 4492
in addition to the payments prescribed by Chapter 3306. of the 4493
Revised Code, the department shall continue to make payments to or 4494
adjustments for school districts in fiscal years after fiscal year 4495
2009 under the following provisions of Chapter 3317. of the 4496
Revised Code:4497

        (1) The catastrophic cost reimbursement under division (C)(3) 4498
of section 3317.022 of the Revised Code. No other payments shall 4499
be made under that section.4500

        (2) All payments or adjustments under section 3317.023 of the 4501
Revised Code, except no payments or adjustments shall be made 4502
under divisions (B), (C), and (D) of that section.4503

        (3) All payments or adjustments under section 3317.024 of the 4504
Revised Code, except no payments or adjustments shall be made 4505
under divisions (F), (L), and (N) of that section.4506

        (4) All payments and adjustments under sections 3317.025, 4507
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the 4508
Revised Code;4509

        (5) Payments under section 3317.04 of the Revised Code;4510

        (6) Unit payments under sections 3317.05, 3317.051, 3317.052, 4511
and 3317.053 of the Revised Code, except that no units for gifted 4512
funding are authorized after fiscal year 2009.4513

        (7) Payments under sections 3317.06, 3317.063, and 3317.064 4514
of the Revised Code;4515

        (8) Payments under section 3317.07 of the Revised Code;4516

        (9) Payments to educational service centers under section 4517
3317.11 of the Revised Code;4518

        (10) The catastrophic cost reimbursement under division (E) 4519
of section 3317.16 of the Revised Code and excess cost 4520
reimbursements under division (G) of that section. No other 4521
payments shall be made under that section;4522

        (11) Payments under section 3317.17 of the Revised Code;4523

        (12) Adjustments under section 3317.18 of the Revised Code;4524

        (13) Payments to cooperative education school districts under 4525
section 3317.19 of the Revised Code;4526

        (14) Payments to county MR/DD boards under section 3317.20 of 4527
the Revised Code;4528

        (15) Payments to state institutions for weighted special 4529
education funding under section 3317.201 of the Revised Code.4530

        (E) Sections 3317.016 and 3317.017 shall not apply to fiscal 4531
years after fiscal year 2009.4532

       (F) This section does not affect the provisions of sections 4533
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08, 4534
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.15, 4535
3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised 4536
Code.4537

       Sec. 3317.11.  (A) As used in this section:4538

       (1) "Client school district" means a city or exempted village 4539
school district that has entered into an agreement under section 4540
3313.843 of the Revised Code to receive any services from an 4541
educational service center.4542

       (2) "Service center ADM" means the sum of the total student 4543
counts of all local school districts within an educational service 4544
center's territory and all of the service center's client school 4545
districts.4546

       (3) "STEM school" means a science, technology, engineering, 4547
and mathematics school established under Chapter 3326. of the 4548
Revised Code.4549

       (4) "Total student count" has the same meaning as in section 4550
3301.011 of the Revised Code.4551

       (B)(1) The governing board of each educational service center 4552
shall provide supervisory services to each local school district 4553
within the service center's territory. Each city or exempted 4554
village school district that enters into an agreement under 4555
section 3313.843 of the Revised Code for a governing board to 4556
provide any services also is considered to be provided supervisory 4557
services by the governing board. Except as provided in division 4558
(B)(2) of this section, the supervisory services shall not exceed 4559
one supervisory teacher for the first fifty classroom teachers 4560
required to be employed in the districts, as calculated under 4561
section 3317.023 of the Revised Code, and one for each additional 4562
one hundred required classroom teachers, as so calculated.4563

       The supervisory services shall be financed annually through 4564
supervisory units. Except as provided in division (B)(2) of this 4565
section, the number of supervisory units assigned to each district 4566
shall not exceed one unit for the first fifty classroom teachers 4567
required to be employed in the district, as calculated under 4568
section 3317.023 of the Revised Code, and one for each additional 4569
one hundred required classroom teachers, as so calculated. The 4570
cost of each supervisory unit shall be the sum of:4571

       (a) The minimumperformance-based salary prescribed by 4572
section 3317.13 of the Revised Code for the licensed supervisory 4573
employee of the governing board;4574

       (b) An amount equal to fifteen per cent of the salary 4575
prescribed by section 3317.13 of the Revised Code;4576

       (c) An allowance for necessary travel expenses, limited to 4577
the lesser of two hundred twenty-three dollars and sixteen cents 4578
per month or two thousand six hundred seventy-eight dollars per 4579
year.4580

       (2) If a majority of the boards of education, or 4581
superintendents acting on behalf of the boards, of the local and 4582
client school districts receiving services from the educational 4583
service center agree to receive additional supervisory services 4584
and to pay the cost of a corresponding number of supervisory units 4585
in excess of the services and units specified in division (B)(1) 4586
of this section, the service center shall provide the additional 4587
services as agreed to by the majority of districts to, and the 4588
department of education shall apportion the cost of the 4589
corresponding number of additional supervisory units pursuant to 4590
division (B)(3) of this section among, all of the service center's 4591
local and client school districts.4592

       (3) The department shall apportion the total cost for all 4593
supervisory units among the service center's local and client 4594
school districts based on each district's total student count. The 4595
department shall deduct each district's apportioned share pursuant 4596
to division (E) of section 3317.023 of the Revised Code and pay 4597
the apportioned share to the service center.4598

       (C) The department annually shall deduct from each local and 4599
client school district of each educational service center, 4600
pursuant to division (E) of section 3317.023 of the Revised Code, 4601
and pay to the service center an amount equal to six dollars and 4602
fifty cents times the school district's total student count. The 4603
board of education, or the superintendent acting on behalf of the 4604
board, of any local or client school district may agree to pay an 4605
amount in excess of six dollars and fifty cents per student in 4606
total student count. If a majority of the boards of education, or 4607
superintendents acting on behalf of the boards, of the local 4608
school districts within a service center's territory approve an 4609
amount in excess of six dollars and fifty cents per student in 4610
total student count, the department shall deduct the approved 4611
excess per student amount from all of the local school districts 4612
within the service center's territory and pay the excess amount to 4613
the service center.4614

       (D) The department shall pay each educational service center 4615
the amounts due to it from school districts pursuant to contracts, 4616
compacts, or agreements under which the service center furnishes 4617
services to the districts or their students. In order to receive 4618
payment under this division, an educational service center shall 4619
furnish either a copy of the contract, compact, or agreement 4620
clearly indicating the amounts of the payments, or a written 4621
statement that clearly indicates the payments owed and is signed 4622
by the superintendent or treasurer of the responsible school 4623
district. The amounts paid to service centers under this division 4624
shall be deducted from payments to school districts pursuant to 4625
division (K)(3) of section 3317.023 of the Revised Code.4626

       (E) Each school district's deduction under this section and 4627
divisions (E) and (K)(3) of section 3317.023 of the Revised Code 4628
shall be made from the total payment computed for the district 4629
under this chapter, after making any other adjustments in that 4630
payment required by law.4631

       (F)(1) Except as provided in division (F)(2) of this section, 4632
the department annually shall pay the governing board of each 4633
educational service center state funds equal to thirty-seven 4634
dollars times its service center ADM.4635

       (2) The department annually shall pay state funds equal to 4636
forty dollars and fifty-two cents times the service center ADM to 4637
each educational service center comprising territory that was 4638
included in the territory of at least three former service centers 4639
or county school districts, which former centers or districts 4640
engaged in one or more mergers under section 3311.053 of the 4641
Revised Code to form the present center.4642

       (G) Each city, exempted village, local, joint vocational, or 4643
cooperative education school district shall pay to the governing 4644
board of an educational service center any amounts agreed to for 4645
each child enrolled in the district who receives special education 4646
and related services or career-technical education from the 4647
educational service center, unless these educational services are 4648
provided pursuant to a contract, compact, or agreement for which 4649
the department deducts and transfers payments under division (D) 4650
of this section and division (K)(3) of section 3317.023 of the 4651
Revised Code. 4652

       (H) The department annually shall pay the governing board of 4653
each educational service center that has entered into a contract 4654
with a STEM school for the provision of services described in 4655
division (B) of section 3326.45 of the Revised Code state funds 4656
equal to the per-pupil amount specified in the contract for the 4657
provision of those services times the number of students enrolled 4658
in the STEM school.4659

       (I) An educational service center:4660

       (1) May provide special education and career-technical 4661
education to students in its local or client school districts;4662

       (2) Is eligible for transportation funding under division (G) 4663
of section 3317.024 of the Revised Code and for state subsidies 4664
for the purchase of school buses under section 3317.07 of the 4665
Revised Code; 4666

       (3) May apply for and receive gifted education units and 4667
provide gifted education services to students in its local or 4668
client school districts; 4669

       (4) May conduct driver education for high school students in 4670
accordance with Chapter 4508. of the Revised Code.4671

       Sec. 3317.13.  (A) As used in this section and section 4672
3317.14 of the Revised Code:4673

       (1) "Years of service" includes the following:4674

       (a) All years of teaching service in the same school district 4675
or educational service center, regardless of training level, with 4676
each year consisting of at least one hundred twenty days under a 4677
teacher's contract;4678

       (b) All years of teaching service in a chartered, nonpublic 4679
school located in Ohio as a teacher licensed pursuant to section 4680
3319.22 of the Revised Code or in another public school, 4681
regardless of training level, with each year consisting of at 4682
least one hundred twenty days under a teacher's contract;4683

       (c) All years of teaching service in a chartered school or 4684
institution or a school or institution that subsequently became 4685
chartered or a chartered special education program or a special 4686
education program that subsequently became chartered operated by 4687
the state or by a subdivision or other local governmental unit of 4688
this state as a teacher licensed pursuant to section 3319.22 of 4689
the Revised Code, regardless of training level, with each year 4690
consisting of at least one hundred twenty days; and4691

       (d) All years of active military service in the armed forces 4692
of the United States, as defined in section 3307.75 of the Revised 4693
Code, to a maximum of five years. For purposes of this 4694
calculation, a partial year of active military service of eight 4695
continuous months or more in the armed forces shall be counted as 4696
a full year.4697

       (2) "Teacher", "teacher" means all teachers employed by the 4698
board of education of any school district, including any 4699
cooperative education or joint vocational school district and all 4700
teachers employed by any educational service center governing 4701
board.4702

       (B) NoEach teacher shall be paid a salary less than that 4703
provided in the schedule set forth in division (C) of this 4704
section. In calculating the minimum salary any teacher shall be 4705
paid pursuant to this section, years of service shall include the 4706
sum of all years of the teacher's teaching service included in 4707
divisions (A)(1)(a), (b), (c), and (d) of this section; except 4708
that any school district or educational service center employing a 4709
teacher new to the district or educational service center shall 4710
grant such teacher a total of not more than ten years of service 4711
pursuant to divisions (A)(1)(b), (c), and (d) of this section.4712

       Upon written complaint to the superintendent of public 4713
instruction that the board of education of a district or the 4714
governing board of an educational service center governing board 4715
has failed or refused to annually adopt a salary schedule or to 4716
pay salaries in accordance with the salary schedule set forth in 4717
division (C) of this section, the superintendent of public 4718
instruction shall cause to be made an immediate investigation of 4719
such complaint. If the superintendent finds that the conditions 4720
complained of exist, the superintendent shall order the board to 4721
correct such conditions within ten days from the date of the 4722
finding. No moneys shall be distributed to the district or 4723
educational service center under this chapter until the 4724
superintendent has satisfactory evidence of the board of 4725
education's full compliance with such order.4726

       Each teacher shall be fully credited with placement in the 4727
appropriate academic training level column in the district's or 4728
educational service center's salary schedule with years of service 4729
properly credited pursuant to this section or section 3317.14 of 4730
the Revised Code. No rule shall be adopted or exercised by any 4731
board of education or educational service center governing board 4732
which restricts the placement or the crediting of annual salary 4733
increments for any teacher according to the appropriate academic 4734
training level column.4735

       (C) Minimum salaries exclusive of retirement and sick leave 4736
for teachers shall be as follows:4737

Teachers Teachers with Teachers 4738
Years with Less Teachers with Five Years of with 4739
of than a Bachelor's Training, but a Master's 4740
Service Bachelor's Degree no Master's Degree or 4741
Degree Degree Higher 4742

Per Dollar Per Dollar Per Dollar Per Dollar 4743
Cent* Amount Cent* Amount Cent* Amount Cent* Amount 4744
0 86.5 $17,300 100.0 $20,000 103.8 $20,760 109.5 $21,900 4745
1 90.0  18,000 103.8  20,760 108.1  21,620 114.3  22,860 4746
2 93.5  18,700 107.6  21,520 112.4  22,480 119.1